Lee v. Russell County Board of Education

563 F.2d 1159, 22 Fair Empl. Prac. Cas. (BNA) 1526, 1977 U.S. App. LEXIS 10795, 15 Empl. Prac. Dec. (CCH) 7955
CourtCourt of Appeals for the Fifth Circuit
DecidedNovember 11, 1977
DocketNo. 76-3815
StatusPublished
Cited by13 cases

This text of 563 F.2d 1159 (Lee v. Russell County Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. Russell County Board of Education, 563 F.2d 1159, 22 Fair Empl. Prac. Cas. (BNA) 1526, 1977 U.S. App. LEXIS 10795, 15 Empl. Prac. Dec. (CCH) 7955 (5th Cir. 1977).

Opinions

AINSWORTH, Circuit Judge.

This appeal involves two distinct claims relating to the sensitive and difficult problem of the assignment of schoolteachers and staff in the wake of the school desegregation process. Plaintiff Evelyn Evans contends that she has suffered a wrongful demotion within the meaning of this court’s decision in Singleton v. Jackson Municipal Separate School District, 5 Cir., 1970, 419 F.2d 1211. Mrs. Evans was a full-time counselor in an all-grades black school before desegregation. With the consolidation that accompanied desegregation, Mrs. Evans was transferred to a full-time counseling position at an elementary school. She claims that this was a demotion within the meaning of Singleton. The other plaintiff, Mrs. Arlene Mack, was employed by the defendant school board for one year in a program funded by Title I of the Elementary and Secondary Education Act of 1965.1 When Title I funds were exhausted, Mrs. Mack applied for a new position. She claims that despite her superior qualifications, two white teachers were hired and that the hiring decision was informed by a desire to meet a fixed racial ratio in contravention of the 1970 school desegregation order, part two of the mandatory policy set forth in Singleton, and the Fourteenth Amendment. Mrs. Evans’ claim will be addressed first.

Mrs. Evans was transferred from her counseling position at Mount Olive School (grades 1-12) to Dixie Elementary School pursuant to the consolidation of the school system under the 1970 desegregation order, despite her indicated preference to remain at Mount Olive. Mrs. Evans testified that the bulk of her counseling duties at Mount Olive consisted of preparation of high school students for college. The salary for the counseling position at Dixie Elementary was the same as that for counseling at Mount Olive. The counseling position at Dixie was funded by Title I, as was the position at Mount Olive, and when such funds were terminated for elementary counseling in 1974, Mrs. Evans was forced to split her time between counseling and classroom teaching. During the period between Mrs. Evans’ transfer to Dixie and the commencement of the present suit five vacancies occurred in high school level counseling positions in Russell County, and all these positions were filled by white ap^’ [1161]*1161cants. Mrs. Evans was not offered any of these positions. Plaintiff did not, however, seek a transfer to a high school counseling position, and did not bring this suit until after the termination of Title I funds and her change to part-time counseling, four years after her transfer to Dixie Elementary School.

The lower court found that the transfer of Mrs. Evans to the elementary school counseling job did not constitute a “demotion” under the standards set forth in Singleton. The scope of our review of the trial court’s determination is limited to whether its decision was “clearly erroneous.” See Fed.R.Civ.P. 52(a); Jennings v. Meridian Municipal Separate School District, 5 Cir., 1971, 453 F.2d 413; Moore v. Winfield City Bd. of Educ., 5 Cir., 1971, 452 F.2d 726.

In Singleton we declared (en banc) the appropriate standards to govern the problems relating to the desegregation of faculties in the context of consolidation following the dismantling of dual school systems. The application of Singleton’s dismissal and demotion standards is limited to the particular problem of a smaller faculty caused by school desegregation. See Barnes v. Jones County School District, 5 Cir., 1977, 544 F.2d 804 (faculty size must show a net decline to activate Singleton); Pickens v. Okolona Municipal Separate School Dist., 5 Cir., 1976, 527 F.2d 358. (Singleton only applies when desegregation is the cause of the demotion or dismissal.) Singleton requires demotions or dismissals caused.by desegregation to be on the basis of objective and nondiscriminatory standards. In addition, staff members who are properly demoted or dismissed are entitled to special preference in rehiring. The Singleton court defined demotion rather explicitly, including jobs with less responsibility and jobs which require a lesser degree of skill or include subjects or grades for which the staff member is not certified or recently experienced, as well as a decline in salary.2

Several Fifth Circuit decisions have considered the construction of Singleton’s “demotion” standard. In Lee v. Macon County Bd. of Educ. (Thomasville), 5 Cir., 1972, 470 F.2d 958, the court correctly noted that responsibility is the central value protected by Singleton’s demotion provision. An increase in salary is not necessarily determinative, see Lee v. Macon Cty. Bd. of Educ. (Muscle Shoals), 5 Cir., 1971, 453 F.2d 1104 (black principal demoted to Head Start teacher despite fact that his salary increased), nor is the title, see Lee v. Macon Cty. Bd. of Educ. (Thomasville), supra. (Black principal was not demoted to administrative assistant to the school superintendent. The court held that responsibilities were not “significantly different.” (emphasis added))

In Mrs. Evans’ case, neither her title nor her salary has changed as a result of her transfer to elementary counseling. Plaintiff’s claim focuses on the altered character of her work. She contends that counseling in high school requires more skill and involves more responsibility than her work as counselor in an elementary school.

There are two decisions of this court that address the problem of comparing similar positions at different educational levels. In Bassett v. Atlanta Independent School Dist., 5 Cir., 1973, 485 F.2d 1268, the court dealt with a school district with two fewer high schools after desegregation. This consolidation eliminated the position of principal of the black school. The black principal insisted that he should be named principal of either the high school or the junior high. The district court found no violation of Singleton in the school board’s refusal to do so, but nevertheless ordered the plaintiff to be installed as principal of the elementary [1162]*1162school with back pay and costs, even though he had previously refused to accept that position. The case was reversed and remanded to determine whether the school board should be required to offer the first available principalship to the plaintiff. The lower court had found that an elementary principalship was not a demotion from being principal of a black high school.

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Bluebook (online)
563 F.2d 1159, 22 Fair Empl. Prac. Cas. (BNA) 1526, 1977 U.S. App. LEXIS 10795, 15 Empl. Prac. Dec. (CCH) 7955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-russell-county-board-of-education-ca5-1977.