Taylor v. Ouachita Parish School Board

965 F. Supp. 2d 758, 2013 WL 4094370, 2013 U.S. Dist. LEXIS 114368
CourtDistrict Court, W.D. Louisiana
DecidedAugust 13, 2013
DocketCivil Action No. 66-12171
StatusPublished
Cited by1 cases

This text of 965 F. Supp. 2d 758 (Taylor v. Ouachita Parish School Board) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Ouachita Parish School Board, 965 F. Supp. 2d 758, 2013 WL 4094370, 2013 U.S. Dist. LEXIS 114368 (W.D. La. 2013).

Opinion

RULING

ROBERT G. JAMES, District Judge.

This is a desegregation action originally brought in 1966 by parents of black students attending school in Ouachita Parish, Louisiana. On January 30, 1970, the Court issued a desegregation decree, under which the Ouachita Parish School Board (“the School Board”) has operated, with modification and amendment, for more than forty years.

Pending before the Court is a Motion for Declaration of Unitary Status and for Dismissal [Doc. No. 144] filed by the School Board, seeking unitary status in the remaining areas of student assignment and transportation. For the following reasons, the motion is GRANTED. The Court relinquishes supervision of these areas, the Decree is DISSOLVED, and the case is DISMISSED WITH PREJUDICE.

I. FACTS

This lawsuit, filed July 22, 1966, as a class action on behalf of black students in Ouachita Parish, sought preliminary and permanent injunctive, relief against the School Board’s operation and administration of its public schools ón a racially discriminatory basis.

On August 3, 1966, the case came for trial.1 At the conclusion of trial, the Court, Judge Ben Dawkins presiding, issued a desegregation decree. In that decree, Judge Dawkins permanently enjoined the School Board frpm:

a. Subject to the plan of desegregation to be ordered herein, continuing to refuse to admit minor plaintiffs, or the members of the class they represent, to the schools which they would attend if they were white;
b. Continuing to assign students to-schools with regard to race or color;
c. Continuing to operate a compulsory bi-racial school system in Ouachita Parish, Louisiana;
d. Continuing to maintain dual school zone or attendance area lines based on race or color;
[762]*762e. Continuing to approve budgets, construction programs, policies, curricula and programs designed to perpetuate, maintain or support a school system operated on a racially segregated basis.

The Court further ordered the School Board to submit a plan of desegregation for approval, effective for the 1966-67 school term. The Court deferred the issue of desegregation of teaching and administrative personnel until the plan for desegregation of the students had been “accomplished or ... made substantial progress.” August 3, 1966 Decree. Finally, the Court retained jurisdiction over the case “for such further orders as may be necessary, just, and proper.” Id.

On August 5, 1966, the Court adopted a so-called freedom of choice desegregation plan, which did not change student assignments, but allowed parents to apply for transfer or reassignment to a school of their choice.

However, in Adams v. Mathews, 403 F.2d 181 (5th Cir.1968), the United States Court of Appeals for the Fifth Circuit applied the Supreme Court’s decision in Green v. Cnty. Sch. Bd. of New Kent Cnty., Va., 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716 (1968), and held that district courts “should make findings of fact and state conclusions of law as to (1) whether the school board’s existing plan of desegregation is adequate ‘to convert (the dual system) to a unitary system in which racial discrimination would be eliminated root and branch’ and (2) whether the proposed changes will result in a desegregation plan that ‘promises realistically to work now.’ An effective plan should produce integration of faculties, staff, facilities, transportation, and school activities (such as athletics) along with integration of students.” 403 F.2d at 188 (quoting Green, 391 U.S. at 438, 88 S.Ct. 1689). Although the Fifth Circuit did not categorically strike down freedom of choice plans, the Adams court was clear that, “[i]f in a school district there are still all-Negro schools or only a small fraction of Negroes enrolled in white schools, or no substantial integration of faculties and school activities then, as a matter of law, the existing plan fails to meet constitutional standards as established in Green.” Id. As an alternative to freedom of choice, the Fifth Circuit suggested that desegregation plans assign students on the basis of geographic attendance zones and that “school authorities should consider the consolidation of certain schools, pairing of schools and a majority-to-minority transfer policy as means to the end of disestablishing the dual system.” Id.

On November 14,1968, the judges of the Western District of Louisiana held a consolidated hearing on all pending desegregation cases and concluded that the freedom of choice desegregation plan was the best plan available. On appeal, the Fifth Circuit disagreed and, on May 28, 1969, reversed the district courts, remanding for further proceedings.

On June 5, 1969, the judges of the Western District of Louisiana ordered the affected school boards to work with the then-named United States Department of Health, Education, and Welfare, Office of Education, to develop new desegregation plans.

On August 30, 1969, this Court approved the plan submitted by the School Board which called for the integration of all white elementary schools (grades 1-6) by assigning students to the schools in the area where they live. The black schools were allowed to remain all-black and except for those elementary students living in the vicinity of white elementary schools, students continued to be assigned by freedom-of-choice, although the plan incorpo[763]*763rated a proposal for the integration of all schools in 1970-71.

An appeal from the August 30, 1969 order was pending when the Supreme Court decided Alexander v. Holmes Cnty. Bd. of Educ., 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19 (1969), which held that the Fifth Circuit “should have denied all motions for additional time because continued operation of segregated schools under a standard of allowing ‘all deliberate speed’ for desegregation is no longer constitutionally permissible. Under explicit holdings of this Court the obligation of every school district is to terminate dual school systems at once and to operate now and hereafter only unitary schools.” Id. at 20, 90 S.Ct. 29 (citations omitted). Shortly thereafter, the Fifth Circuit held in Singleton v. Jackson Mun. Separate Sch. Dist., 419 F.2d 1211 (5th Cir.1969), that faculty desegregation should be effected no later than February 1, 1970.2 Based on Alexander and Singleton, on December 9, 1969, the Court’s Order in this and three consolidated cases was summarily reversed and Singleton relief was ordered. Under Singleton,

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
965 F. Supp. 2d 758, 2013 WL 4094370, 2013 U.S. Dist. LEXIS 114368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-ouachita-parish-school-board-lawd-2013.