United States v. Mississippi

941 F. Supp. 2d 708, 2013 WL 1499189, 2013 U.S. Dist. LEXIS 52456
CourtDistrict Court, N.D. Mississippi
DecidedApril 10, 2013
DocketCivil Action No. 3:70-CV-00036-GHD
StatusPublished
Cited by2 cases

This text of 941 F. Supp. 2d 708 (United States v. Mississippi) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Mississippi, 941 F. Supp. 2d 708, 2013 WL 1499189, 2013 U.S. Dist. LEXIS 52456 (N.D. Miss. 2013).

Opinion

MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO MODIFY DESEGREGATION PLAN

DAVIDSON, Senior District Judge.

Presently before the Court is a motion to modify desegregation plan [10] filed by the Defendant, Choctaw County School District. Upon due consideration, the Court is ready to rule.

I. Factual and Procedural Background

Choctaw County School District (the “District”) serves all students in Choctaw County and certain areas of adjacent Attala and Montgomery counties. The District currently operates four schools: Weir Attendance Center (pre-K through grade 12), Ackerman Elementary (pre-K through grade 6), Ackerman High School (grades 7 through 12), and French Camp Elementary (pre-K through grade 8).

The District has three attendance zones. Students in the Weir zone attend Weir Attendance Center for their entire primary and secondary education (pre-K through grade 12). Students in the Ackerman zone attend Ackerman Elementary (pre-K through grade 6) and then matriculate to Ackerman High (grades 7 through 12). Students who live in the French Camp zone, which includes certain portions of the tri-county area of Attala, Montgomery, and Choctaw counties, attend French Camp Elementary (pre-K through grade 8) and then matriculate to Weir Attendance Center (grades 9 through 12) or elect to attend the private high school at French Camp Academy (grades 9 through 12).1

The District is one of many school districts in Mississippi that at one time practiced de jure race-based segregation, wherein African-American students were legally required to attend all-African-American schools and Caucasian students attended all-Caucasian schools. The District has been under the supervision and jurisdiction of this Court since July 9, 1970, when it was first ordered to submit a plan of desegregation for the purpose of dismantling its dual school system. The case commenced when the United States filed a complaint against several Mississippi school districts, including Choctaw County School District, seeking to have the school districts enjoined from continuing to operate compulsory biracial public school systems.

1970 Consent Decree

On July 9, 1970, the same date the case was filed, the Court entered an Order pen[710]*710dente lite requiring the United States and the District to “collaborate in the preparation of a plan for the immediate conversion of the Choctaw County School District to a unitary, nondiscriminatory school system[.]” See 1970 Consent Decree [10-1] at 1. Thereafter, the United States and the District agreed on a desegregation plan, and the Court entered a Consent Decree directing the District to announce and implement the plan. The Consent Decree further directed the District to “take such additional steps as are reasonable and necessary to terminate the operation of a dual system of schools based on race and to operate, now and hereafter, a single, nonracial unitary system of public schools.” Id. at 2. The District was directed to file bi-annual reports with the Court beginning on October 15, 1970 and March 15, 1971, and on each date annually thereafter until further order of the Court. The District was ordered to report certain specified criteria with respect to desegregation efforts in student enrollment; staffing; the majority-to-minority transfer program; the number of inter-district transfers granted; the transportation system; the operation of school facilities; any present or proposed construction or expansion of facilities; the sale or abandonment of certain school facility, equipment, or supplies; as well as the existence of any bi-racial committee to the District’s School Board and any process under which that committee would function.

As described below, the Consent Decree set out what was expected of the District in the following categories: 1. Faculty and Staff Desegregation; 2. Majority-to-Minority Transfer Policy; 3. Transportation; 4. School Construction and Site Selection; 5. Attendance Outside System of Residence; and 6. Desegregation of Classroom, Non-Classroom, and Extracurricular Activities.

1. Faculty and Staff Desegregation

The District was ordered with respect to faculty and staff desegregation to assign all principals, teachers, teacher aides, and other staff working directly with children at a school such that “in no case will the racial composition of a staff indicate that a school is intended for [African-American] students or [Caucasian] students.” Id. at 4. The District was further ordered to ensure that the ratio of other staff members was “substantially the same as each such ratio is to the teachers and other staff, respectively, in the entire school system.” Id. The District was ordered to direct staff members to accept new staffing assignments to the extent necessary to carry out the desegregation plan. The District was also ordered to hire, assign, promote, pay, demote, dismiss, and otherwise treat administrative staff working directly with children and professional staff without regard to race, color, or national origin. The District was ordered to implement objective, reasonable, nondiscriminatory standards in demotion or dismissal decisions, and was further ordered not to fill a staff vacancy “through recruitment of a person of a race, color, or national origin different from that of the individual dismissed or demoted, until each displaced staff member who is qualified has had an opportunity to fill the vacancy and has failed to accept an offer to do so.” Id. at 5.

2. Majority-to-Minority Transfer Policy

The District was ordered to implement a District-wide majority-to-minority transfer policy, wherein a student attending a school in which his or her race was in the majority could choose to attend another school in the District where his or race was in the minority. All transferring students were to be given priority for space [711]*711being available and were to be provided transportation if desired.

3. Transportation

The District was ordered to conduct regular reexaminations of its transportation system to ensure that “[b]us routes and the assignment of students to buses will be designed to [ejnsure the transportation of all eligible pupils on a non-segregated and otherwise non-discriminatory basis.” Id. at 6.

4. School Construction and Site Selection

The District was ordered to conduct all school construction and site selection, including the location of any temporary classrooms, in “a manner which will prevent the recurrence of the dual school structure.” Id. at 7.

5. Attendance Outside System of Residence

The District was further ordered to conduct any transfers of students living in the District to schools outside the District “on a non-discriminatory basis, except that it shall not consent to transfers where the cumulative effect will reduce desegregation in either district or reinforce the dual school system.” Id.

6. Desegregation of Classroom, Non-Classroom, and Extracurricular Activities

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Bluebook (online)
941 F. Supp. 2d 708, 2013 WL 1499189, 2013 U.S. Dist. LEXIS 52456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mississippi-msnd-2013.