Little Rock School District v. Pulaski County Special School District No. 1

921 F.2d 1371
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 12, 1990
DocketNos. 89-2288, 89-2289, 89-2352 to 89-2354, 90-1165 to 90-1167, 90-1579 and 90-1580
StatusPublished
Cited by14 cases

This text of 921 F.2d 1371 (Little Rock School District v. Pulaski County Special School District No. 1) 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
Little Rock School District v. Pulaski County Special School District No. 1, 921 F.2d 1371 (8th Cir. 1990).

Opinion

ARNOLD, Circuit Judge.

We have before us another chapter in the Little Rock school desegregation case, in the form of ten separate appeals from various orders of the District Court. The case has its roots in the 1950’s, when the Supreme Court definitively announced that public opposition to desegregation of the races, no matter how deeply entrenched, could not be allowed to interfere with the full realization of the constitutional rights of black citizens. Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401, 3 L.Ed.2d 5 (1958).

The present phase of the case began in 1982, when the Little Rock School District (LRSD) brought suit against the two other school districts in Pulaski County, Arkansas, claiming that the Constitution compelled the consolidation of the three districts into one governmental unit. We rejected this claim in Little Rock School District v. Pulaski County Special School District, 778 F.2d 404 (8th Cir.1985) (en banc), cert. denied, 476 U.S. 1186, 106 S.Ct. 2926, 91 L.Ed.2d 554 (1986). We held, however, that interdistrict constitutional violations had occurred, and directed that certain remedial steps be taken. On remand, various remedial orders were entered, and various further appeals were taken to our Court, the nature of which we shall describe, to the extent necessary for an understanding of the issues now before us, in the course of this opinion.

Then, in 1988 and 1989, in a sharp departure from the adversary bitterness that had marked this controversy for over thirty years, the parties, including the Joshua in-tervenors, representing the injured class of black schoolchildren and citizens, LRSD, the North Little Rock School District (NLRSD), the Pulaski County Special School District (PCSSD), and the State of Arkansas,1 agreed to settle the case. They submitted to the District Court comprehensive agreements covering both interdistrict and intradistrict desegregation measures— agreements referred to by the parties as the “settlement plans.” They also submitted a separate but related document, called the “settlement agreement,” settling the financial liability of the State of Arkansas for something over one hundred million dollars.

The District Court rejected both the settlement plans and the settlement agreement, as submitted. It purported to modify them and to order the unwilling parties to put them into effect as modified. It also created the Office of Metropolitan Supervisor and conferred upon the occupant of that office a wide array of powers over all three school districts, amounting virtually to a de facto consolidation of these entities. Most of the affected parties appealed. None of the parties below asked that the judgment be affirmed in its entirety. A group of parents, however, was allowed to intervene in this Court in support of the judgment.

We now reverse the judgment of the District Court. In general, we direct that Court, on remand, to approve the settlement plans and settlement agreement as submitted by the parties. We also make certain other directions for the future of the case.

I.

A brief reference to the procedural history of this case may serve to put the issues on the present appeals into an intelligible context. As we have noted above, this [1377]*1377Court, sitting en bane in 1985, held that consolidation was not constitutionally required.2 We also held, however, agreeing in this respect with the District Court, that interdistrict violations of the Constitution had occurred, and that an interdistrict remedy was accordingly required. We directed the District Court, on remand, to adjust the boundary between LRSD and PCSSD in two respects: (1) by transferring the Granite Mountain area from LRSD to PCSSD; and (2) by expanding LRSD so that the new boundary line between it and PCSSD would be the city limits of the City of Little Rock, as they then existed. We further held — addressing the question of student attendance within each of the districts — -that “each school district as reconstituted shall be required to revise its attendance zones so that each school will reasonably reflect the racial composition of its district.” Little Rock School District v. Pulaski County Special School District, supra, 778 F.2d at 435. Our opinion included a number of other directions with respect to magnet schools, student-attendance arrangements, and other matters.

On remand from our en banc decision, several remedial developments occurred of relevance to the present appeals. For one thing, NLRSD proposed a plan to comply with our en banc opinion. The District Court approved the plan, 659 F.Supp. 363, 368 (E.D.Ark.1987), and no one appealed. For another, the City of Little Rock annexed certain additional territory, and the question arose whether our direction that LRSD be expanded to the city limits referred to the city limits as they existed at the time of our en banc opinion, or to the city limits as they might exist from time to time in the future. The District Court held that LRSD would automatically expand whenever the city annexed new territory, so that LRSD would always be contiguous with the city as it existed from time to time. We reversed. We held that the remedy contemplated by our en banc opinion was intended to be a complete cure for all interdistrict violations that we had found. The en banc opinion, we said, prescribed “a full and sufficient correction of wrongs done in the past,” including all interdistrict violations. Little Rock School District v. Pulaski County Special School District, 805 F.2d 815, 816 (8th Cir.1986) (per curiam).

In addition, a controversy arose with respect to student assignments within PCSSD. We held that these assignments must, in general, conform to the racial percentages specified in a plan submitted by PCSSD in January of 1987. We held that black enrollment in PCSSD schools, with some exceptions, would have to be within a range of 18 to 30 per cent.3 This range represents a 25 per cent, variance from the overall racial composition of PCSSD, which at that time was 24 per cent, black. We emphasized that this prescribed range was to be used as “a guideline for the subsequent remedy, and not as a rigid quota.” This range was subject, in any event, to the proviso that a “forty-five minute limit on busing” of students, one way, would be a “cap for purposes of desegregating PCSSD schools.” Little Rock School District v. Pulaski County Special School District, 839 F.2d 1296, 1304-05 (8th Cir.), cert. denied, 488 U.S. 869, 109 S.Ct. 177, 102 L.Ed.2d 146 (1988). We authorized the District Court to “allow deviation beyond the [prescribed percentage] range[s] in black enrollment if necessary to keep one-way busing times within the forty-five minute limit_” 839 F.2d at 1306. We did so because we recognized the existence of “practical limits to the remedial use of de[1378]*1378segregation student assignments, particularly where the time or distance of travel risks damage to the health and education of school children.” 839 F.2d at 1305.

After our 1988 decision, proceedings continued on remand to ensure that all three districts would be in compliance with the Constitution, as interpreted by our opinions in the case.

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Cooley, Sherly Dunn, Shirley Lowery, Sara Brown, Doyan Matthews, Mildred Tatum Mack McAlister North Little Rock School District Vicki Stephens Ginny Jones Murry Witcher Dixie Harrison Larry Lazenby Rose Wilshire, Arkansas State Board of Education, Little Rock School District, Lorene Joshua, as Next Friend of Minors Leslie Joshua, Stacy Joshua, and Wayne Joshua, Katherine Knight, Individually and as President of the Little Rock Classroom Teachers Association (Lrcta) v. Pulaski County Special School District No. 1, Nola Burl, Pat Rayburn, Morris Thompson, Theressa Wesley, and John McNee (Burl Intervenors), Little Rock School District, Lorene Joshua, as Next Friend of Minors Leslie Joshua, Stacy Joshua, and Wayne Joshua v. Pulaski County Special School District No. 1, Nola Burl, Pat Rayburn, Morris Thompson, Theressa Wesley, and John McNee (Burl Intervenors), Little Rock School District, Lorene Joshua, as Next Friend of Minors Leslie Joshua, Stacy Joshua, and Wayne Joshua v. Pulaski County Special School District No. 1, Mac Faulkner, Nola Burl, Pat Rayburn, Morris Thompson, Theressa Wesley, and John McNee (Burl Intervenors), Little Rock School District, Anne Mitchell, Alexa Armstrong, Karlos Armstrong, Ed Bullington, Khayyam Davis, Janice Dent, John Harrison, Alvin Hudson, Tatia Hudson, Milton Jackson, Lorene Joshua, Leslie Joshua, Stacy Joshua, Wayne Joshua, Katherine Knight, Sara Matthews, Becky McKinney Derrick Miles, Janice Miles, John M. Miles, Naacp, Joyce Person, Brian Taylor v. Pulaski County Special School Dist. 1, North Little Rock School District, Arkansas State Board of Education, Leon Barnes, Sheryl Dunn, Ruth White Tucker, Mac Faulkner, Richard A. Giddings, Marianne Gosser, Mack McAlister Earle Love, Shirley Lowery, Bob Lyon, George A. McCrary Dr. Harry P. McDonald Bob Moore, Steve Morley, Robert L. Newton, Rae Perry, Mildred Tatum, Doyan Matthews, Jeff Starling, L.D. Harris, Elaine Scott, Nancy Wood, State of Arkansas, Bob Stender, Walter Turnbow, Dale Ward, John Ward, Judy Wear, Grainger Williams, Dr. J.F. Cooley, Nola Burl, Pat Rayburn, Morris Thompson, Theressa Wesley, and John McNee (Burl Intervenors), Little Rock School District, Anne Mitchell v. Pulaski County Special School District 1, North Little Rock School District, Arkansas State Board of Education, Leon Barnes, Sheryl Dunn, Ruth White Tucker, Mac Faulkner, Richard A. Giddings, Marianne Gosser, Mack McAlister Nola Burl, Pat Rayburn, Morris Thompson, Theressa Wesley, and John McNee (Burl Intervenors), Little Rock School District, Anne Mitchell v. Pulaski County Special School District 1, North Little Rock School District, Arkansas State Board of Education, Leon Barnes, Sheryl Dunn, Ruth White Tucker, Mac Faulkner, Richard A. Giddings, Marianne Gosser, Mack McAlister Earle Love, Shirley Lowery, Bob Lyon, George A. McCrary Dr. Harry P. McDonald Bob Moore, Steve Morley, Robert L. Newton, Rae Perry, Mildred Tatum, Doyan Matthews, Jeff Starling, L.D. Harris, Elaine Scott, Nancy Wood, State of Arkansas, Bob Stender, Walter Turnbow, Dale Ward, John Ward, Judy Wear, Grainger Williams, Dr. J.F. Cooley, Nola Burl, Pat Rayburn, Morris Thompson, Theressa Wesley, and John McNee (Burl Intervenors), Little Rock School District, Anne Mitchell v. Pulaski County Special School District 1, North Little Rock School District, Arkansas State Board of Education, Leon Barnes, Sheryl Dunn, Ruth White Tucker, Mac Faulkner, Richard A. Giddings, Marianne Gosser, Mack McAlister Earle Love, Shirley Lowery, Bob Lyon, George A. McCrary Dr. Harry P. McDonald Bob Moore, Steve Morley, Robert L. Newton, Rae Perry, Mildred Tatum, Doyan Matthews, Jeff Starling, L.D. Harris, Elaine Scott, Nancy Wood, State of Arkansas, Bob Stender, Walter Turnbow, Dale Ward, John Ward, Judy Wear, Grainger Williams, Dr. J.F. 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Newton, Rae Perry, Mildred Tatum, Doyan Matthews, Jeff Starling, L.D. Harris, Elaine Scott, Nancy Wood, State of Arkansas, Bob Stender, Walter Turnbow, Dale Ward, John Ward, Judy Wear, Grainger Williams, Dr. J.F. Cooley, Nola Burl, Pat Rayburn, Morris Thompson, Theressa Wesley, and John McNee (Burl Intervenors)
921 F.2d 1371 (Eighth Circuit, 1990)

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