United States v. Plaquemines Parish School Board

336 F. Supp. 992, 1971 U.S. Dist. LEXIS 10460
CourtDistrict Court, E.D. Louisiana
DecidedDecember 8, 1971
DocketCiv. A. No. 66-71
StatusPublished

This text of 336 F. Supp. 992 (United States v. Plaquemines 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
United States v. Plaquemines Parish School Board, 336 F. Supp. 992, 1971 U.S. Dist. LEXIS 10460 (E.D. La. 1971).

Opinion

CHRISTENBERRY, District Judge.

This case is presently before the court on á motion for supplementary relief. The government, as petitioner, seeks greater faculty integration in the Plaquemines Parish public school system and asks that majority-to-minority student transfers be allowed in addition to the other means being used to overcome the effects of dual-system education.

In recent years there have been significant inroads made upon the long history of de jure school segregation in Plaquemines Parish. While this case in ordinary circumstances, like any school desegregation ease, would have presented difficult questions, this matter is further complicated by unusual geographical conditions. This, of course, refers to the Mississippi River which bisects this elongated rural parish before finally reaching the Gulf of Mexico. The Riv[994]*994er, heavily traveled by large ocean-going vessels and often fog enshrouded, can be crossed only by public ferry or private vessel. With this impediment in mind, the court has considered the government’s request for supplementary relief. Like all school desegregation litigation, this case must be considered with regard to the specific factual situation out of which it arises; no standard answer is possible. Green v. County School Board, 391 U.S. 430, 439, 88 S.Ct. 1689, 20 L.Ed.2d 716 (1968). Using this approach, and for the reasons hereafter assigned, the court has tried to strike a balance between the requirement for a truly unitary school system and the reality of an adverse geographic situation.

The parties have stipulated that for the 1971-1972 school year there are 233 teachers for the four public schools 1 in Plaquemines Parish. Of these teachers, about 22 percent are black and 78 percent white. The parties also stipulated as to the racial composition of the student bodies of these four schools, the results indicating that for 1971-1972 approximately 37 percent are black and 63 percent are white. The racial distribution of teachers and students by school for the current year is as follows:

SCHOOL
TEACHERS
STUDENTS2
White
Black
White (approx.)
Black (approx.)
Belle Chasse (west bank)
66
3
1365
351
Phoenix (east bank)
0
36
39
646
Port Sulphur (west bank)
43
5
640
423
Buras (west bank)
73
7
1343
599

The United States Supreme Court has consistently required faculty desegregation as an integral step in the dismantling of state-imposed dual school systems. Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 18-19, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971); United States v. Montgomery County Board of Education, 395 U.S. 225, 232, 89 S.Ct. 1670, 23 L.Ed.2d 263 (1969); Green v. County School Board, 391 U.S. 430, 434-435, 88 S.Ct. 1689, 20 L.Ed.2d 716 (1968); Rogers v. Paul, 382 U.S. 198, 86 S.Ct. 358, 15 L.Ed.2d 265 (1965); Bradley v. School Board, 382 U.S. 103, 86 S.Ct. 224, 15 L.Ed.2d 187 (1965). In dealing with faculty desegregation in Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211, 1217-1218 (5th Cir. 1969) (en banc), rev’d in part (as to timing of student reassignment) sub nom. Carter v. West Feliciana Parish School Board, 396 U.S. 290, 90 S'.Ct. 608, 24 L.Ed.2d 477 (1970), the Fifth Circuit stated that faculties were to be desegregated as follows:

[T]he principals, teachers, teacher-aides and other staff who work directly with children at a school shall be so assigned that in no case will the racial composition of a staff indicate that a school is intended for Negro students or white students. . . . [T]he district shall assign the staff described above so that the ratio of Negro to white teachers in each school, and the ratio of other staff in each, are substantially the same as each such ratio is to the teachers and other staff, respectively, in the entire school system.

At the hearing on this motion, counsel for the School Board took the position that increased faculty integration was not possible because all teach[995]*995ers for the 1971-1972 school year had been hired and school had already commenced. He stated that each teacher had entered into a contract with the school board specifying that he or she would be assigned to teach at a particular school. It was therefore contended that to reassign a teacher now would be a breach of the contract by the School Board with the result that numerous teachers would probably quit. This conclusion drawn by the School Board is predicated on the rural isolation of parts of Plaquemines Parish and below-average salaries. It was further submitted by the defendant that because of recent hurricanes, living accommodations are not readily available and thus even if teachers could be found who would move into the more remote parts of the Parish, there would be no place for them to live. These arguments, tenuous as they are, have some validity for the 1971-1972 school year, but they clearly are invalid as to future school years beginning with 1972-1973.

It is clear to this court that the school system of Plaquemines Parish is not yet a unitary system and it is also clear that if the matter were left in the hands of the Parish school authorities, the system would never achieve unitary status. Geographical isolation cannot justify perpetual racial isolation where alternatives for desegregation exist.

It is now this court’s intention to see that unitization, commensurate with the geographical situation, is achieved in Plaquemines. To this end it will be necessary that the Singleton guide for faculty desegregation be fully invoked commencing with the 1972-1973 school year. Further piece-meal desegregation in this regard is prohibited. Ample time remains for the school officials to make all necessary arrangements regarding living accommodations, competitive salaries, and recruitment of new teachers.

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Bluebook (online)
336 F. Supp. 992, 1971 U.S. Dist. LEXIS 10460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-plaquemines-parish-school-board-laed-1971.