Lee v. Chambers County Board of Education

533 F.2d 132, 19 Fair Empl. Prac. Cas. (BNA) 572
Court of Appeals for the Fifth Circuit·Decided May 28, 1976·No. No. 75-3465·Published·Cited by 11 cases

Opinion

GEWIN, Circuit Judge:

This case arises from a motion for further relief filed in connection with state-wide school desegregation litigation. On February 12,1970, a three-judge court entered an extensive order directing the Chambers County (Alabama) Board of Education (defendant or the Board) to implement a terminal-type desegregation plan. The order and plan incorporated the provisions Of Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211 (5th Cir. 1970) (en banc), relating to faculty and staff desegregation and school site selection.

On April 16, 1975, plaintiff-intervenor National Education Association (plaintiff, appellant, or NEA) filed a motion for further relief. The issues tried by the district court concerned (1) the Board’s failure to offer an administrative position to Harold Oliver, a black teacher; (2) the proposed site for a new vocational and technical school; and (3) two of the Board’s proposed criteria for employment, promotion, and transfer of teachers and staff. A number of other issues were resolved by the parties. After a full hearing, the district court entered extensive findings of fact and conclusions of law. It found one of the Board’s employment- criteria defectively subjective, but on all other issues it ruled in favor of the defendant Board. NEA appeals from the court’s judgment.1 Finding no reversible error, we affirm.

I

Harold Oliver, an employee of the Chambers County School System for some twenty years, was transferred in the 1965-66 term from a classroom teaching position to that of Assistant Attendance Supervisor, a position funded through Title I of the Elementary and Secondary Education Act of 1965.2 Oliver held this post until 1973, when the termination of Title I funding required the cancellation of all Title I employees’ contracts; some twenty-five jobs were affected. Oliver was returned to a classroom teaching position with the same salary but with less responsibility than he had exercised as Assistant Attendance Supervisor.

At the end of the 1973-74 term, the County Attendance Supervisor, a white fe[135] male, resigned her position. Although Oliver was aware of the resulting vacancy, he did not apply for or express any interest in the job. Nevertheless, the Board considered Oliver for the position, along with four applicants, all white females. Of these five, only Julia Lowe, who was ultimately appointed, possessed the qualifications set out in the State Board of Education’s guidelines for “in field” status. Conformity to the guidelines is one criterion for determining school accreditation.3 NEA asserts that Singleton and Fourteenth Amendment considerations required the Board to offer the Attendance Supervisor position to Oliver, and it seeks an order directing Oliver’s appointment and awarding back pay.

The district court found, and the Board does not dispute, that Oliver’s transfer from the administrative post to the classroom was a “demotion” as that term is defined in Singleton.4 There we established the following rule concerning dismissals or demotions necessitated by the transition from a dual to a unitary school system:

If there is to be a reduction in the number of principals, teachers, teacher-aides, or other professional staff employed by the school district which will result in a dismissal or demotion of any such staff members, the staff member to be dismissed or demoted must be selected on the basis of objective and reasonable non-discriminatory standards from among all the staff of the school district. In addition if there is any such dismissal or demotion, no staff vacancy may be filled through recruitment of a person of a race, color, or national origin different from that of the individual dismissed or demoted, until each displaced staff member who is qualified has had an opportunity to fill the vacancy and has failed to accept an offer to do so.

419 F.2d at 1218.

We had announced a similar principle two years earlier in United States v. Jefferson County Board of Education, 380 F.2d 385 (5th Cir.) (en banc), cert. denied, 389 U.S. 840, 88 S.Ct. 77, 19 L.Ed.2d 104 (1967). The Jefferson County case stated explicitly the premise that is implicit in Singleton ; it established specific rights of teachers “displaced as a result of desegregation,” 380 F.2d at 394 (emphasis added). See Kelly v. West Baton Rouge Parish School Bd., 517 F.2d 194, 199 (5th Cir. 1975) (Singleton established rights of teachers “ ‘dismissed or demoted’ as a result of desegregation”); Ward v. Kelly, 515 F.2d 908, 910 (5th Cir. 1975) (Singleton “established procedures to govern staff reductions upon integration of a school district”). Singleton was designed to ensure that the transition from a dual to a unitary system, with all the concomitant logistical problems, would not occasion unfair treatment of black teachers and staff members. Oliver’s demotion from the position of Assistant Attendance Supervisor to that of classroom teacher was not a result of the desegregation of Chambers County schools, but rather was necessitated by termination of the Title I funds that paid his salary. He was not, therefore, entitled to preferential consideration or a right of first refusal of the Attendance Supervisor post. See Blunt v. Marion County School Bd., 515 F.2d 951,958 (5th Cir. 1975). The defendant Board employed objective, non-racial criteria in determining whom to hire for the position, and even considered Oliver for the vacancy, despite his failure to apply for or express [136] interest in it. The district court correctly held that Oliver was not entitled to relief.

II

The 1970 desegregation order, incorporating the pertinent Singleton requirements, provided that all school site selection, construction, and consolidation be done in a manner that would prevent the recurrence of a dual school structure. In March of 1975, the Board voted to locate a new vocational-technical school in Lafayette, which is in the geographical center of the county. This site was chosen over two other possible locations, in Lanett and Langdale, both of which are in what is called the Valley area in the extreme southeast corner of the county. The proposed school will serve eleventh and twelfth grade students from throughout the county; attendance will be voluntary.

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Lee v. Chambers County Board of Education, 533 F.2d 132, 19 Fair Empl. Prac. Cas. (BNA) 572 (5th Cir. 1976).

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