Moore Ex Rel. Moore v. Tangipahoa Parish School Board

304 F. Supp. 244, 1969 U.S. Dist. LEXIS 10167
CourtDistrict Court, E.D. Louisiana
DecidedJuly 2, 1969
DocketCiv. A. 15556
StatusPublished
Cited by9 cases

This text of 304 F. Supp. 244 (Moore Ex Rel. Moore v. Tangipahoa Parish School Board) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore Ex Rel. Moore v. Tangipahoa Parish School Board, 304 F. Supp. 244, 1969 U.S. Dist. LEXIS 10167 (E.D. La. 1969).

Opinion

*246 RUBIN, District Judge.

The schools of Tangipahoa Parish are still largely segregated. From Brown II, 1955, 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083, decided in 1955, to United States v. Montgomery County Board of Education, 1969, 395 U.S. 225, 89 S.Ct. 1670, 23 L.Ed.2d 263, decided on June 2, 1969, the United States Supreme Court has said in unmistakable terms that the primary responsibility for abolishing the system of segregated schools rests with local school authorities. Once again, we have had a series of hearings because in Tangipahoa Parish the task has as yet been left undone.

On October 15, 1968, the court ordered the Tangipahoa Parish School Board to submit a plan for the unitary operation of its school system for the 1969-1970 school year. Moore v. Tangipahoa Parish School Board, E.D.La., 1968, 298 F.Supp. 283, affirmed, Hall v. St. Helena Parish School Board, 5 Cir., May 28, 1969, 417 F.2d 801. The Board reported on November 11, 1968 that it was unable to find a better plan than the “freedom of choice” plan then in use — a plan under which more than 96.4% of the Negro students attended all black schools, and, under which, in its second year of operation, the percentage of Negro students choosing to attend classes in integrated schools declined from 4.1% to 3.6%. 1

On November 26,1968, the court ordered the Board to request the Educational Resource Center on School Desegregation to prepare a desegregation plan. Moore v. Tangipahoa Parish School Board, E.D.La.1968, 298 F.Supp. 285. The Board opposed the adoption of the Center’s plan, and it was joined by defendantintervenors representing white students and their parents. See Moore v. Tangipahoa Parish School Board, E.D.La., April 3, 1969, 298 F.Supp. 288. Instead, the Board presented the court with an alternative plan that clearly did not comply with the court’s previous orders: it proposed that 20% of the black students would be enrolled in predominantly white schools; in all other respects, “freedom of choice” would continue, with the likely result that a large number of Negro students would continue to attend schools that had no white students. The intervenors presented a more elaborate plan to continue freedom of choice and phase it out over a three year period, with extensive proposals for school improvement in the interim. No doubt the intervenors were interested in good education, but they failed to take proper account of the legal rights of black students and of overriding constitutional requirements.

At the conclusion of the hearing on May 28, 1969, the court reminded school officials that the Tangipahoa Parish School System is their responsibility. But because the Constitution forbids the operation of black schools or white schools, and requires a plan of unitary school operation that “promises realistically to work, and promises realistically to work now,” Green v. County School Board, 1968, 391 U.S. 430, 439, 88 S.Ct. 1689, 1694, 20 L.Ed.2d 716, this court would write an order compelling the Board to operate its schools in a manner that would meet the requirements of the Constitution.

Thereafter, the court’s remarks were read to the School Board, and they voted to submit a new plan for the operation of the Parish schools for the coming year. The court had indicated that it did not intend to hold further hearings, but the new plan contained a number of proposals that reflected an effort to devise a unitary school system. Therefore, a further hearing was held on June 17, 1969.

This court does not purport to know how to run any school, let alone an entire *247 educational system. Local officials are elected to perform that duty with the assistance of expert school administrators. When they indicate a real desire to run their schools on a constitutionally valid basis, they should be afforded every opportunity to do so. Neither the fact that they have undertaken to perform their duty late in the day, nor the usual exigencies of judicial administration, nor even the justifiable concern of opposing parties that a plan may have been submitted at the last moment only to avert the adoption of a pattern formulated by someone else should preclude elected school officials from administering their schools when they do so lawfully.

Some of the objections to the School Board’s latest plan are based on alleged defects from an educational and administrative standpoint. But the court will not alter particulars of the plan merely because they appear to be administratively awkward. “[N]o single plan is or can be judicially approved as a catholicon,” Board of Public Instruction of Duval County v. Braxton, 1968, 5 Cir., 402 F.2d 900, 908 (concurring opinion). The Center’s plan appears to the court to be educationally sound; it was prepared by well qualified consultants. But this plan cannot be viewed as the one answer to the operation of the Tangipahoa Parish schools. Local plans may prove defective in educational principle; they may require alteration after a trial period. But local school boards must be free to experiment within constitutional grounds. For no savant can be arrogant enough to pretend that he knows the way — or indeed a way — to accomplish school integration with maximum educational advantage and without friction. In this delicate area, we are all still feeling our way, educators and philosophers, parents and teachers, school board and judges. 2

So long, therefore, as a school board has a plan that promises realistically to effectuate a unitary school system in September, 1969, it should be approved. It is the court’s duty, however, to be certain that the plan affords every child equal protection of the law. If any part of it does not fully satisfy constitutional requirements, that part must be rejected.

Five particular features of the Board’s plan require comment:

I. The Board proposes that six major high schools in the Parish be operated under freedom of choice for the 1969-70 school year. But there is no evidence to indicate that freedom of choice will operate more effectively in 1969 than it has in the past. Almost certainly, therefore, the plan will result in six racially identifiable high schools. Even if some Negro students voluntarily choose, or can be encouraged to choose, or can be assigned to high schools hitherto predominantly white, there is no likelihood that any number of white students will elect or can be successfully encouraged to attend the three high schools hitherto attended exclusively by Negroes.

Four of the high schools would be housed in buildings containing desegregated elementary grades. For this reason, it is urged that these four schools would be desegregated schools.

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Related

Milliken v. Bradley
433 U.S. 267 (Supreme Court, 1977)
Valley v. Rapides Parish School Board
313 F. Supp. 1193 (W.D. Louisiana, 1970)
Smith v. St. Tammany Parish School Board
302 F. Supp. 106 (E.D. Louisiana, 1969)
Moses v. Washington Parish School Board
302 F. Supp. 362 (E.D. Louisiana, 1969)

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Bluebook (online)
304 F. Supp. 244, 1969 U.S. Dist. LEXIS 10167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-ex-rel-moore-v-tangipahoa-parish-school-board-laed-1969.