NAACP, Jacksonville Branch v. Duval County School

273 F.3d 960, 2001 U.S. App. LEXIS 24819, 2001 WL 1459687
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 19, 2001
Docket99-12049
StatusPublished
Cited by35 cases

This text of 273 F.3d 960 (NAACP, Jacksonville Branch v. Duval County School) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
NAACP, Jacksonville Branch v. Duval County School, 273 F.3d 960, 2001 U.S. App. LEXIS 24819, 2001 WL 1459687 (11th Cir. 2001).

Opinions

HILL, Circuit Judge:

Forty-one years ago, this litigation began. The original complaint sought the desegregation of the Duval County, Florida school system. Five district court judges have presided over the case since [962]*962its inception, and, four times, two different circuit courts of appeals have been asked to review one of their decisions.1 In this fifth appeal, we must decide whether the present district court correctly determined that this litigation should come to an end because the school system has achieved unitary status. We agree with the district court that the answer is “yes.”

I.

The original complaint in this case was filed on December 6, 1960. See Braxton v. Bd. of Pub. Inst. of Duval County.2 It sought an injunctive order desegregating the Duval County public schools. In 1963, after a finding that the county was operating a de jure dual school system, in which black and white children were required to attend separate schools, the district court began supervising the desegregation of the county’s schools.

In 1971, after the Supreme Court held that mandatory busing of students to eliminate racial disparities was a permissible, and sometimes necessary, desegregation remedy, Swann v. Charlotte-Mecklenburg Bd. of Educ., 402 U.S. 1, 22, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971), the district court ordered the Duval County School Board (the “Board”) to implement the mandatory reassignment of students. Mims v. Duval County Sch. Bd., 329 F.Supp. 123 (M.D.Fla.1971). Elementary and junior high schools were clustered into groups which were converted to grade centers to produce student bodies with 21% to 34% black students. Id. at 134-35. Students were bussed within each cluster to achieve the mandated racial balance. Id. at 130-31.

The judgment was affirmed on appeal, 447 F.2d 1330 (5th Cir.1971) and, as amended from time to time, primarily to accommodate the opening of new schools, the decree governed the parties for the remainder of the 1970’s and well into the 1980’s.3

During the pendency of the Mims injunction over the next 19 years, every school in the entire school district, which previously had been all-black or all-white, had substantial numbers of students of the other race in attendance for one or more years. By 1989, only 18 of the 142 schools operating in Duval County were identifiably black.4

By 1990, however, both plaintiffs and the Board had come to the conclusion that mandatory busing was particularly onerous to the students of Duval County and not in their best interests.5 After almost [963]*963thirty years of litigation, the parties entered into settlement negotiations. They agreed that mass busing should come to an end. They also agreed that future de-segregative efforts by the Board should focus almost entirely upon the elementary schools.6 Finally, they agreed that they wished to measure the Board’s success in achieving unitary status by the goals outlined in the “Stipulation and Agreement,” filed on June 18,1990.7 After some technical corrections and refinements, the “Corrected Stipulation and Agreement” (the “CSA”) was established as the defining document outlining the goals that the Du-val County School Board (the “Board”) must achieve in order to attain unitary status.8

The CSA, thus, represents a roadmap to the end of judicial supervision of the Duval County school system. Its 33 paragraphs contain a series of steps which the Board agreed to undertake to achieve unitary status for the school district.9 Most of these steps are addressed to attaining greater racial balance in student enrollment in the county’s schools, especially its elementary schools.

“Attachment C” to the CSA lists 28 elementary schools that the parties expected to become identifiably black with the end of the Mims injunction’s mandatory student assignment and busing. Prior to the injunction, thirteen of these schools had been all-white; fifteen had been all-black. During the years of mandatory student assignment, all the Attachment C schools were attended by students of both races. After mandatory student assignment was replaced with the CSA’s “local attendance zones,” these schools became identifiably black because their attendance [964]*964zones had become 96% black.10 The parties, therefore, directed much of the CSA to improving the racial balance at these schools.11

The CSA established “a desegregative goal of at least 20% black students and 45% white students”12 at these Attachment C elementary schools.13 The Board was required, with community input, to implement and aggressively promote magnet programs14 as incentives to attract white students to these schools. In addition, the CSA required the Board to permit majority to minority transfers in order to improve the racial balance at these schools.15 The Board was also required to commit $60,000,000 for the “renovation, substantial rehabilitation, or replacement of core city schools.”

With respect to middle and high schools, the C.SA specifically designated three middle and four high schools, which, based on their attendance areas, were expected to remain or become racially identifiable and directed that they operate magnet programs to attract other-race students.

The CSA also set goals with respect to achieving racial equality in faculty and staff hiring and placement; transportation; extracurricular activities; and facilities and capital expenditures.

On July 14, 1990, the district court approved and adopted the CSA. It retained jurisdiction to monitor its implementation and to enforce it.

The CSA was implemented during the 1991-92 school year.16 In 1996, the Board [965]*965moved the district court to declare that the Duval County school district had met the constitutional requirements for unitary status as set forth by the Supreme Court in Bd. of Educ. of Oklahoma City Pub. Sch. v. Dowell, 498 U.S. 237, 111 S.Ct. 630, 112 L.Ed.2d 715 (1991), Freeman v. Pitts, 503 U.S. 467, 112 S.Ct. 1430, 118 L.Ed.2d 108(1992), and Missouri v. Jenkins, 515 U.S. 70, 115 S.Ct. 2038, 132 L.Ed.2d 63 (1995), and also that it had fulfilled its contractual obligations under the CSA. After a three-week evidentiary hearing in 1997, and over a year for the preparation of briefs, the case was orally argued on August 24, 1998.

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Bluebook (online)
273 F.3d 960, 2001 U.S. App. LEXIS 24819, 2001 WL 1459687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naacp-jacksonville-branch-v-duval-county-school-ca11-2001.