Liddell v. Board of Education

801 F.2d 278, 35 Educ. L. Rep. 35
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 5, 1986
DocketNos. 85-2194, 85-2275
StatusPublished
Cited by9 cases

This text of 801 F.2d 278 (Liddell v. Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liddell v. Board of Education, 801 F.2d 278, 35 Educ. L. Rep. 35 (8th Cir. 1986).

Opinion

HEANEY, Circuit Judge.

The St. Louis school desegregation case is before this Court for the ninth time.1 Our past opinions have purposely left a great deal of discretion to the parties to this action. Although it would be preferable to continue that course, we must be more precise if the decisions of this Court to integrate the St. Louis school system are to be fully and fairly implemented.

Notwithstanding our lack of precision, significant progress towards integration has been made. In the school year 1985-86, nearly 7,000 black students from the City of St. Louis attended schools in the suburban districts. Most students who transferred have remained in the school to which they have transferred. Ninety-two percent of them were promoted to the next highest grade in the school that they were attending. More than 60,000 students are involved in part-time integrative programs. The interdistrict transportation system is functioning with increasing efficiency. The pupil/teacher ratios in the nonintegrat-ed schools of the City of St. Louis have been reduced from thirty-five students per teacher to twenty-five students per teacher at the elementary level, and from thirty-five students per teacher to twenty-nine students per teacher at the middle school level. The ratio in the nonintegrated high schools has significantly improved. Class size in the integrated schools has also been reduced. Moreover, nearly 7,000 students are now attending intra-district magnet schools in the City of St. Louis, with enrollment approximately equally divided between black and white students.

There are, however, some areas where little or no progress has been made. A needed capital improvement program for the nonintegrated schools and the magnet schools has yet to be implemented. The magnets have not been successful in attracting suburban white students. In the 1985-86 school year, only approximately 115 suburban white students were attending interdistrict magnets, and only approximately 375 suburban white students were enrolled in the intradistrict magnets. Furthermore, the City Board and the State continue to dispute their respective responsibilities for funding the various programs required by this Court.

No point would be served by again reviewing the long history of racial discrimination in the St. Louis school system or in restating our prior opinions. We turn instead to the questions raised on this appeal and answer them as explicitly as we can.

I. RESPONSIBILITY OF THE PARTIES WITH RESPECT TO FUNDING THE REDUCTION IN PUPIL/TEACHER RATIOS IN INTEGRATED AND NONINTEGRATED SCHOOLS.

A. The nonintegrated schools.

It is the responsibility of the State of Missouri to fund one-half of the cost of reducing the pupil/teacher ratio in the non-integrated elementary and middle schools of the St. Louis school system from thirty-five to one to twenty to one over a four-year period (1984-85 through 1987-88). To [281]*281reach this goal, the class size in these schools in the 1986-87 school year should not exceed twenty-four to one. Teachers employed in the remedial and compensatory programs mandated by this Court’s pri- or opinions are not to be included in determining pupil/teacher ratios.

On the basis of the data submitted to this Court, it appears that there were 584 teachers employed in the nonintegrated elementary and middle schools in the base year (1982-83). They taught a total of 20,499 students. In the 1985-86 school year, 600 teachers were similarly employed in teaching 16,133 students. The pupil/teacher ratio in the base year was thirty-five to one, and had declined to twenty-seven to one by 1985-86. If the teacher numbers exclude those in remedial and compensatory programs, the State is obligated to pay one-half the cost of sixteen additional teachers for the year 1985-86. If such teachers have been included, the computation must be redone.

The method of computation we use is, with the exception of the exclusion of compensatory and remedial program teachers, that urged by the State and approved by the chairperson of the Budget Review Committee (BRC) and the district court. The City objects to its use. It contends that in computing the State’s obligation, we should assume that the same number of students are currently enrolled as were enrolled in 1982-83, the base year. Using this computation (without considering the necessity of rounding up for fractional requirements at each school), 159 additional teachers would be required to reach the required ratio in the elementary and middle nonintegrated schools in the 1985-86 school year. We cannot accept the City Board’s theory. The en banc Court anticipated that enrollment in the nonintegrated schools would decline over the years as more and more black students transferred from the City of St. Louis to the suburbs, and as the number of black students in the magnet schools increased. Liddell v. State of Missouri, 731 F.2d 1294, 1316 (8th Cir.) (en banc) (Liddell VII), cert. denied, 467 U.S. 1225, 105 S.Ct. 82, 83 L.Ed.2d 30 (1984). We note that the State is required to pay the full cost of educating the black students in the suburbs and educating students in the interdistriet magnets. It is also required to pay the St. Louis City School District one-half the state aid it would otherwise receive for the students that transfer to the suburbs. Under these circumstances, it would be inappropriate to use the formula the City Board suggests. However, no adjustments in state payments are to be made for any year preceding the 1985-86 school year even though the formula urged by the City Board was used in those years.

It is the further responsibility of the State of Missouri to fund one-half of the cost of reducing the pupil/teacher ratio in the nonintegrated high schools of the St. Louis school system to the point where these ratios are at AAA standards. The City Board argues that this Court intended that the pupil/teacher ratios in the noninte-grated high schools would be reduced to a twenty-to-one ratio. While the en banc opinion is not clear in this regard, the State in our view has properly interpreted the opinion as requiring that AAA standards be met. However, the allowance of rounding up and exclusion of compensatory and remedial program teachers must be taken into account.

B. The integrated schools.

The primary responsibility of the State of Missouri with respect to funding the reduction in class size in the integrated schools is to provide the funds necessary to reduce the pupil/teacher ratio to the AAA level. Liddell v. Bd. of Educ., 758 F.2d at 290, 294, modified on rehearing, 758 F.2d 303 (8th Cir.1985) Liddell VIII; Liddell VII, 731 F.2d at 1317-18. This level is thirty-to-one for elementary and middle schools, and thirty-five-to-one for high schools. The State accepts this responsibility, but questions the logistics of counting the teachers. We hold that in determining whether AAA ratios have been met, remedial and compensatory teachers required by this Court’s earlier opinions are to be ex-[282]*282eluded. See Liddell VIII, 758 F.2d at 294-98. Fractional requirements at each school must be rounded up, and allowance must be made for the fact that collective bargaining agreements limit the number of hours that each teacher may teach.

II. MAGNET SCHOOLS.

A.

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Related

Liddell v. BD. OF EDUC. OF CITY OF ST. LOUIS, MO.
696 F. Supp. 444 (E.D. Missouri, 1988)
Liddell v. BOARD OF EDUC. OF CITY OF ST. LOUIS, MO.
674 F. Supp. 687 (E.D. Missouri, 1987)
Liddell v. Board of Education
674 F. Supp. 687 (E.D. Missouri, 1987)
Liddell v. Board of Education
822 F.2d 1446 (Eighth Circuit, 1987)

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Bluebook (online)
801 F.2d 278, 35 Educ. L. Rep. 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liddell-v-board-of-education-ca8-1986.