Liddell v. Board of Education

121 F.3d 1201
Court of Appeals for the Eighth Circuit·Decided August 6, 1997·No. Nos. 96-2881, 96-3259, 96-3265, 96-3267, 96-3885, 97-1736, 97-1737, 97-1760 and 97-2378·Published·Cited by 8 cases

Opinion

HEANEY, Circuit Judge.

We have consolidated for oral argument and opinion these appeals challenging several recent orders of the United States District Court for the Eastern District of Missouri that modify the vocational education program for the St. Louis metropolitan area. Specifically, these appeals contest the district court’s: (1) creation of the St. Louis Career Education District (CED) and appointment of an interim board to direct the CED; (2) determination that as of January 1997 the vocational education system for the St. Louis metropolitan area, then operated by the Special School District of St. Louis County (SSD), had not achieved unitary status; and (3) funding orders designed to ensure operation of the CED for the 1997-98 school year. As a threshold matter, it is argued that the district court abused its discretion in issuing the above orders without holding a hearing and making the necessary findings of fact and conclusions of law based on a developed record. Although we recognize the district court’s intimate involvement with this case over the last seventeen years, we agree that it is necessary for the district court to develop the factual record and legal conclusions in a manner that is reviewable by this court. We thus remand to the district court to hold a prompt hearing on the issues raised in this consolidated appeal as well as the unaddressed issues of long-term governance, finance, and structure of the vocational education program in the St. Louis metropolitan area. Thereafter, the district court is to enter a comprehensive order on these matters consistent with the decisions of the United States Supreme Court and this court, the ultimate aim of which will be to ensure that the young men and women of all races— whether they live in the city or the county— will at long last have an equal opportunity to secure a quality, integrated vocational education that will train them to be productive members of the St. Louis metropolitan area.

I.

In the mid-1960s, the State of Missouri established two vocational education systems for the St. Louis metropolitan area: one in St. Louis County and the other in the City of [1213] St. Louis. In 1980, pursuant to actions filed by black parents and teachers, the district court found that the school districts had been established to create a dual system of vocational education: a predominantly white district in St. Louis County and a predominantly black district in the City of St. Louis. Liddell v. Board of Educ., 491 F.Supp. 351, 358 (E.D.Mo.1980). The court further found that the State had the power to merge the dual system and that the State’s failure to do so was “part and parcel of the State’s failure to eradicate root and branch the dual system it once formally mandated.” Id. The court directed that the State, the United States, and the Board of Education for the City of St. Louis (City Board) develop a plan for “the consolidation or merger and full desegregation of the separate vocational education programs operated by the [SSD] and the school district of the City of St. Louis, for implementation in the 1981-82 school year.” Id. at 353. We affirmed. Liddell v. Board of Educ., 667 F.2d 643, 651 (8th Cir.1981). We noted that the SSD had been joined as a defendant and that there was no reason why a consolidated, integrated vocational school could not be opened at the beginning of the 1981-82 school year.

In May 1981, the parties negotiated a settlement agreement that was approved in substance by the district court after a hearing. The agreement did not require the establishment of a consolidated, integrated vocational school, but rather permitted the SSD and the City Board to operate their own vocational schools and set racial goals for each school. The State, as the primary constitutional violator, was given responsibility to fund elements of the plan. The remedy was to be effective for a five-year period. The Metropolitan Coordinating Committee (MCC), made up of representatives from the City Board, the SSD, and the State, was appointed by the court to monitor and administer vocational education and to ensure that the various schools met court-ordered racial balances. This court affirmed. Liddell v. Board of Educ., 677 F.2d 626 (8th Cir.1982). We noted that if the plan did not result in the integration of vocational schools, a complete merger of the city and county systems could be ordered. Id. at 636.

In 1986 and 1987, the district court adjusted the 1980 plan, ordering the SSD and the city district to each continue offering vocational education, modifying the racial goals, and requiring the State to pay the costs of interdistrict transportation. Liddell v. Board of Educ., 654 F.Supp. 334, 339, 342 (E.D.Mo.1987); (L(746)86). Because of declining vocational enrollment, the district court also ordered two county technical schools closed, leaving one technical school in the county and one in the city. Liddell, 654 F.Supp. at 337. This court approved the revised plan as being within the informed discretion of the district court but ordered the district court to conduct a hearing to determine whether one of the county schools should be closed. Liddell v. Board of Educ., 822 F.2d 1446, 1455-57 (8th Cir.1987). We reminded the district court that it had broad authority to provide a quality, integrated system for the black and white children of the St. Louis metropolitan area, id. at 1455, and that if the voluntary plan as ordered did not work, the district court and this court retained the authority to direct a complete merger of the vocational programs with a unified governing and taxing structure. Id. at 1460.

The district court conducted a seven-day hearing on the closure issue and the future of integrated vocational education. After the hearing, the district court directed the parties to work out a plan designating the St. Louis Community College as the sole provider of vocational education in the city and the county. See Liddell v. Board of Educ., 733 F.Supp. 1324, 1325 (E.D.Mo.1990) (citing district court order L(2293)89). This attempt failed because turf battles between the City Board and the SSD led the St. Louis Community College to withdraw its participation. Id. In 1988, the city’s only vocational school was converted into a magnet school. See Liddell v. Board of Educ., 758 F.Supp. 499, 500 (E.D.Mo.1991).

[1214] In 1990, the district court stated its “profound lack of confidence in either the City-Board or the [SSD]’s ability to manage a secondary vocational-education system which meets the needs of all students and parents” and noted that neither district had demonstrated any interest in renovating the antiquated vocational education system. Liddell, 733 F.Supp. at 1325-26. Although the court stated its belief that a single governing entity would be the best way to administer a stable, integrated system, it recognized the difficulties inherent in that option. Id. at 1327-28. Focusing on the need for excellence in education, the district court proposed a restructured system whereby the SSD and the City Board would each operate a racially-balanced program and, through incentives and innovation, compete for students. Id. at 1328. The State was required to pay the transportation costs for the interdistrict transfers. Id. at 1330.

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