Liddell v. Board of Education

718 F. Supp. 1434, 1989 U.S. Dist. LEXIS 10246, 1989 WL 101093
CourtDistrict Court, E.D. Missouri
DecidedJuly 18, 1989
DocketNo. 72-0100C(5)
StatusPublished

This text of 718 F. Supp. 1434 (Liddell v. Board of Education) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri 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, 718 F. Supp. 1434, 1989 U.S. Dist. LEXIS 10246, 1989 WL 101093 (E.D. Mo. 1989).

Opinion

MEMORANDUM

LIMBAUGH, District Judge.

This matter is before the Court on the City Board’s Student Reassignment Plan for 1989-90, Phase 1 and the Comprehensive Student Reassignment Plan, L(2368)89 and L(2446A)89, respectively. Numerous responses have been filed, including submission of another student reassignment plan by the State. State’s Consolidation Motions — L(2385)89 and L(2386)89; L(2419)89, L(2429)89, L(2459)89, L(2482)89 and L(2484)89. The City Board has filed replies to the responses to its plan(s) and to [1436]*1436the State’s Consolidation Motions, L(2441)89, L(2457)89, and L(2502)89. Missouri National Education Association, St. Louis Teachers’ Union, Local 420 and the Education Monitoring and Advisory Committee (EMAC) have filed responses to the State’s plan, L(2434)89, L(2435)89 and L(2448)89 respectively. In connection with the student reassignment matter, the State has filed a motion for production of data, L(2433)89. The City Board has filed a response, L(2451)89, to which the State has responded, L(2466)89.

In Order L(2041)88 this Court directed the City Board to draft a comprehensive student reassignment plan, ready for implementation in the fall of 1989. The Court clearly expressed its belief and desire that only the City Board present such a plan for court approval. However, the State took it upon itself to invest a considerable amount of time and money for outside counsel to draft a student reassignment plan which contravenes this Court’s directives.

Nevertheless, the State’s plan is commendable. It is a comprehensive effort which addresses many of the concerns of this Court and the Court of Appeals for the Eighth Circuit. However, in its desire to achieve maximum consolidation cost reductions, the State has gone beyond reasonable reconfiguration of the school system. The State’s plan is simply too drastic. It proposes massive disruption of students’ lives by closing or converting a substantial number of schools beyond what this Court has previously ordered. It closes fifteen (15) non-integrated and four (4) integrated elementary schools; closes/converts eight (8) non-integrated and four (4) integrated middle schools; converts three (3) non-integrated high schools. It appears that approximately 35% of currently operating schools would be closed or converted, with a majority of these schools being all black. Staffing would be cut back to bare minimum — sufficient only to meet AAA requirements. Little is mentioned regarding staffing to carry out desegregation programs. The implication is that these programs will be reduced or eliminated also. The State’s plan is extremely comprehensive and cost-effective, and therein lies its major flaw. It lacks a human touch. Children and their teachers are not just computer-generated statistics. These are living human beings who deserve something more than being packed like sardines into as few cans as possible. The Caldwell plaintiffs asked the question that this Court must consider. Is belt tightening in education always the only solution? Obviously, the State’s plan demonstrates significant cost savings, but at too great a cost to the students and teachers? The cost in disrupting so many lives is too high a price to pay in order to achieve financial savings.

The Court directed only the City Board to develop a student reassignment plan because of the well-established principle in desegregation cases, that deference should be given to local school officials regarding educational matters. See, Liddell VII v. State, 731 F.2d 1294, 1317 (8th Cir.1984); Morgan v. McDonough, 689 F.2d 265, 276 (1st Cir.1982); Davis v. School District of the City of Pontiac, Inc., 443 F.2d 573, 577 (6th Cir.1971), cert. den., 404 U.S. 913, 92 S.Ct. 233, 30 L.Ed.2d 186 (1971); NAACP v. Lansing Board of Educ., 429 F.Supp. 583, 631 (W.D.Mich.1976), aff’d, 559 F.2d 1042 (6th Cir.1977), cert. den., 438 U.S. 907, 98 S.Ct. 3126, 57 L.Ed.2d 1150 (1978); re-aff’d, 581 F.2d 115 (6th Cir.1978). The City Board still possesses the sole responsibility of administering its school system, and reconfiguring the school system is part of that responsibility.

However, carrying out this responsibility is contingent upon abiding by the court findings and directives which the City Board has failed to do. In its response to the State’s consolidation motions, the City Board attempts to justify its “revised” enrollment projections and building capacity figures. It spent a considerable amount of time analyzing different methodologies in order to “reassess” the enrollment projections and building capacities already decided upon by the Court in L(1570)87 and L(2090)88. This was not its assignment. The City Board was directed to develop a [1437]*1437student reassignment plan ready for 1989— 90 implementation, based upon the already determined enrollment projections and building capacities. Instead, the City Board spent months creating computer-generated enrollment projections through the year 2000. After generating all this computer data, its figures are still incorrect and unrealistic.

For brevity’s sake, the Court will concentrate on the defects in the Phase 1 proposal (it is the foundation of the overall plan, and since it is seriously flawed, the rest of the plan fails to stand).

First, the total enrollment after reassignments exceeds the enrollment before reassignments. The projected enrollment before reassignment is 29,835, while the projected enrollment after reassignment is 29,965 (elementary and middle school students only). The following are just a sample of the erroneous nature of the City Board’s data:

Peabody Elementary. In L(2367)89 at 11, 13 and 14, the Board proposes to change the K-8 grade structure at Peabody to K-5 by sending 90 students in grades 6-8 to Blewett Middle School. L(2368)89, page 9, shows Blewett projected enrollment increasing by the 90 students transferred from Peabody. However, there is no corresponding reduction at Peabody. Peabody enrollment before student reassignment is shown at 416 (includes grades 6-8). The Board projects 445 students at Peabody after it receives 29 students from Jackson.
Reassignment at Carr Lane, Ford and Washington. In L(2367)89, page 15 and L(2368)89, page 14, the Board projects Carr Lane 1989-90 enrollment before student reassignment at 170. It proposes to transfer 138 students to Ford and 32 students to Woodward. Additionally, the Board proposes to transfer 10 students to Carver and 20 students to Sigel. The 20 students transferring to Sigel are included in the projected enrollment after reassignment. See L(2368)89, page 17. However, the 10 students transferring to Carver are not included. See L(2368)89, page 14. The Board projects Carr Lane enrollment at 170 students before reassignment and then proceeds to reassign 200 students.
The Board proposes to convert Ford Middle School to a nonintegrated elementary school and to reassign Ford Middle School students to King, Stowe, Cook and Hickey Middle Schools. See L(2367)89, page 17. The Board projects Ford 1989-90 enrollment at 246 and proposes to reassign these 246 students.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
718 F. Supp. 1434, 1989 U.S. Dist. LEXIS 10246, 1989 WL 101093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liddell-v-board-of-education-moed-1989.