John E. Haycraft v. Board of Education of Jefferson County, Kentucky

585 F.2d 803, 1978 U.S. App. LEXIS 8284
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 20, 1978
Docket77-3263
StatusPublished
Cited by8 cases

This text of 585 F.2d 803 (John E. Haycraft v. Board of Education of Jefferson County, Kentucky) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John E. Haycraft v. Board of Education of Jefferson County, Kentucky, 585 F.2d 803, 1978 U.S. App. LEXIS 8284 (6th Cir. 1978).

Opinions

JOHN W. PECK, Senior Circuit Judge.

This case is the latest matter coming out of the Louisville school desegregation case. Plaintiffs-appellants bring this appeal from an order entered by the district court exempting first grade pupils from the busing plan “until such time as the kindergarten program is available on a system-wide basis or until further order of this [District] Court.” We reverse.

I

In Newburg Area Council v. Board of Education of Jefferson County, Kentucky, 489 F.2d 925 (6th Cir. 1973), vacated and remanded in 418 U.S. 918, 94 S.Ct. 3208, 41 L.Ed.2d 1160 (1974), for consideration in light of Milliken v. Bradley, 418 U.S. 717, 94 [804]*804S.Ct. 3112, 41 L.Ed.2d 1069 (1974) (Milliken I), opinion reinstated, 510 F.2d 1358 (6th Cir. 1974), cert. denied, 421 U.S. 931, 94 S.Ct. 1658, 44 L.Ed.2d 88 (1975), this Court determined that the dual school system that had existed in Jefferson County, Kentucky, had not been dismantled and directed the district court to eliminate “all vestiges of state-imposed segregation.” 489 F.2d at 932. See Newburg Area Council v. Board of Education of Jefferson County, Kentucky, supra, 510 F.2d at 1359. Subsequently, this Court in Cunningham v. Grayson, 541 F.2d 538 (6th Cir. 1976), cert. denied, 429 U.S. 1074, 97 S.Ct. 812, 50 L.Ed.2d 792 (1977), approved the school desegregation plan adopted by the district court on July 30, 1975, and implemented beginning in September, 1975, pursuant to this Court’s writ of mandamus. Newburg Area Council v. Gordon, 521 F.2d 578 (6th Cir. 1975). According to that desegregation plan, first grade students were to be given special treatment. First grade students were exempt from the busing program for the first quarter of the school year, but in the second and third quarters of the school year, they were to be transported by classroom unit with their teachers from their “home” school to their “away” school for a portion of each school day.

In December, 1975, however, before the second quarter of the 1975-76 school year, the district court, upon motion by the appel-lee School Board, entered an order exempting first graders from the busing plan for the entire 1975-76 school year for the reason that the appellee School Board did not have the necessary number of buses to implement the transportation program for the first grade students. Then, in an order entered April 1, 1976, the district court, upon motion by the appellee School Board, exempted first grade pupils from busing for the entire 1976-77 school year. Appellants appealed to this Court but withdrew that appeal after being requested to do so by the district court, which expressed the intention at that time not to exempt first graders from busing after the 1976-77 school year.

Despite this statement by the district court, in April, 1977, the district court issued the order which is the subject of this appeal. In the district court’s opinion supporting the order exempting first graders from busing, the district court found that first grade children who have not had the benefit of previous formal education (i. e. kindergarten) are subject to a high risk of failure because such children are experiencing a transitional period from a sheltered home environment to a structured public environment at a time when they are very young, physically weak, emotionally immature, and easily excitable. The district court also found that if these children were bused, many would have to take long bus trips — 36% of the first grade students would have a one way trip of at least 45 minutes. The district court thus concluded “as a matter of law” that the first grade students who have not had the benefit of prior formal educational experience would be subjected to such significant additional risk of failure by their participation in the busing program that an order to bus those children could not be justified.

II

The starting point for judicial consideration of school desegregation cases in Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954) (Brown I). In that case, the Supreme Court stated that

in the field of public education the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.

347 U.S. at 495, 74 S.Ct. at 692. The Supreme Court has thus required that state-imposed segregation in the public schools be eliminated. Milliken I, supra, 418 U.S. 717, 94 S.Ct. 3112, 41 L.Ed.2d 1069; Keyes v. School District No. 1, 413 U.S. 189, 93 S.Ct. 2686,37 L.Ed.2d 548 (1973); Swann v. Charlotte-Mecklenburg Board of Education, 402 [805]*805U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971); Green v. County School Board, 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716 (1968). This principle applies, of course, in favor of first grade pupils as well as older students.

In remedying state-imposed segregation in the public schools, federal courts are guided by equitable principles. Brown v. Board of Education, 349 U.S. 294, 300, 75 S.Ct. 753, 99 L.Ed. 1083 (1955) (Brown II); Milliken v. Bradley, 433 U.S. 267, 279-80, 97 S.Ct. 2749, 53 L.Ed.2d 745 (1977) (Milliken II). The Supreme Court has held that in school desegregation cases the “[ajpplication of those ‘equitable principles’ requires federal courts to focus upon three factors.” Milliken II, supra, 433 U.S. at 280, 97 S.Ct. at 2757. First, “the nature of the desegregation remedy is to be determined by the nature and scope of the constitutional violation.” Milliken II, supra, 433 U.S. at 280, 97 S.Ct. at 2757. See Swann v. Charlotte-Mecklenburg Board of Education, supra, 402 U.S. at 16, 91 S.Ct. 1267; Penick, et al. v. Columbus Board of Education, 583 F.2d 787 (6th Cir. 1978). Second, “[t]he purpose of the remedy is to eliminate the lingering effects of intentional constitutional violations and to restore plaintiffs to substantially the position they would have occupied in the absence of these violations.” Brinkman, et al. v. Gilligan, et al, 583 F.2d 243, 257 (6th Cir. 1978).

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Bluebook (online)
585 F.2d 803, 1978 U.S. App. LEXIS 8284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-e-haycraft-v-board-of-education-of-jefferson-county-kentucky-ca6-1978.