The opinion
MEMORANDUM OPINION AND ORDER
CONTIE, District Judge.
On June 3, 1974, nine named students of the Youngstown, Ohio public school system and their parents initiated this action, pursuant to 42 U.S.C. §§ 1981 , 1983-1988, and 2000d, to redress the alleged deprivation under color of law of rights guaranteed by the Thirteenth and Fourteenth Amendments to the United States Constitution.
1
Plaintiffs named as defendants the Youngstown Board of Education and its individual members, the Superintendent. of the Youngstown City School District, the Governor of the State of Ohio, the Attorney General of the State of Ohio, the Ohio State Board of Education and its individual members, and the Superintendent of Public Instruction, Ohio Department of Education.
2
The jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331 (a), and 1343(3) and (4).
In their complaint, plaintiffs assert that the State defendants by their action and inaction have effected segregation on the basis of race in the Youngstown public school system in violation of the Fourteenth Amendment to the United States Constitution and Article 1, Section 2 of the Ohio Constitution. Specifically, it is asserted that these defendants acting through subunits of state government have engaged in practices which have had the foreseeable and actual effect of incorporating into the school system private residential, racial discrimination. It is further contended that the State defendants have allocated educational resources in a manner that has resulted in racial discrimination in the provision of school facilities and other resources,
*987
and in the establishment and maintenance of a pattern of racially separate schools.
With regard to the Youngstown school defendants, plaintiffs essentially allege that these defendants acting under color of state law have in the past pursued and are presently pursuing policies and practices in the operation of the Youngstown public schools with the purpose and effect of perpetuating a segregated school system. Such racially discriminatory practices and policies assertedly include the planning and construction of new school facilities, the designation of attendance zones and feeder patterns, the assignment of students and teachers, and the fostering of existing racially discriminatory patterns in public and private housing. Further, it is alleged that the Youngstown defendants have wholly failed and refused to take appropriate action to rectify the foreseeable effects of their asserted policies and practices of discrimination on the basis of race upon the Youngstown public schools.
Equitable relief in the form of a permanent injunction is sought. Plaintiffs also request an award of attorneys’ fees and the costs incurred in prosecuting this action.
Both the Youngstown defendants and the State defendants have essentially denied the allegations of the complaint.
Plaintiffs, having initiated this action in their own behalf and on behalf of all persons similarly situated, moved the Court on July 2, 1976, to certify the within action as a class action under Rule 23(b)(2), Federal Rules of Civil Procedure. By Order of July 26, 1976, this Court certified “the class of all children attending the Youngstown Public Schools and their parents or guardians” as the class represented by the named plaintiffs.
Subsequently, the Court in its Order of December 29, 1976 granted the motion of defendants, the Governor and Attorney General of the State of Ohio, for summary judgment and dismissed them as party defendants.
Thereafter, this action proceeded to trial on the issue of liability. The Court duly heard extensive testimony and received numerous exhibits in January and February, 1977.
After the trial of this action and submission of the parties’ briefs, the United States Supreme Court, on June 27, 1977, rendered its decision in
Dayton Board of Education v. Brinkman,
433 U.S. 406 , 97 S.Ct. 2766 , 53 L.Ed.2d 851 . Thereafter, the Court directed the parties to file additional briefs in light of this decision.
Upon consideration of the entire record herein, the Court enters its findings of fact and conclusions of law as required by Rule 52(a), Federal Rules of Civil Procedure.
LEGAL PRINCIPLES
More than two decades ago, the Supreme Court declared in
Brown v. Board of Education,
347 U.S. 483, 495 , 74 S.Ct. 686, 692 , 98 L.Ed. 873 (1954), that racially, segregated public educational facilities are inherently unequal and deprive students of the equal protection of the laws guaranteed by the Fourteenth Amendment.
3
The
Brown
decision was concerned with “the elimination of state-mandated or deliberately maintained dual school systems with certain schools for Negro pupils and others for white pupils.”
Milliken v. Bradley,
418 U.S. 717, 737 , 94 S.Ct. 3112, 3123 , 41 L.Ed.2d 1069 (1974).
In order to constitute a violation of the Constitution, this duality or racially segregated condition of the public schools must have resulted from discriminatory state action.
Swann v. Board of Education;
402 U.S. 1, 17-18 , 91 S.Ct. 1267, 1277 , 28 L.Ed.2d 554 (1971). As recognized in
Washington v. Davis,
426 U.S. 229, 239 , 96 S.Ct. 2040, 2047 , 48 L.Ed.2d 597 (1976), the primary purpose of the Equal Protection Clause is the prevention of official conduct
*988
which discriminates on the basis of race. Absent a statutorily mandated dual school system, a predicate for finding unlawful state-imposed segregation exists where “school authorities have carried out a systematic program of segregation affecting a substantial portion of the students, schools, teachers, and facilities within the school system.”
Keyes v. School District No. 1,
413 U.S. 189, 201 , 93 S.Ct. 2686, 2694 , 37 L.Ed.2d 548 (1973).
The burden is upon plaintiffs to prove not only the existence of segregated schools, but also the creation or maintenance thereof by intentional state action.
Id.
at 198 , 93 S.Ct. at 2692 . Proof of a racially discriminatory purpose or intent is essential to establish a violation of the Equal Protection Clause.
Dayton Board of Education v. Brinkman,
433 U.S. 406, 413 , 97 S.Ct. 2766, 2772 , 53 L.Ed.2d 851 (1977);
Arlington Heights v. Metropolitan Housing Development,
429 U.S. 252, 265 , 97 S.Ct. 555, 563 , 50 L.Ed.2d 450 (1977);
Washington
v.
Davis,
426 U.S. 229 , 239 96 S.Ct. 2040, 2047 , 48 L.Ed.2d 597 (1976). Racial imbalance in the schools resulting from factors other than official conduct and not within the control of school authorities, such as housing patterns, is alone insufficient to show a deprivation of constitutional rights. Such a condition of de facto segregation is distinguished from de jure segregation by the latter’s requirement of purpose or intent to segregate.
Keyes v. School District No. 1,
413 U.S. 189, 208 , 93 S.Ct. 2686, 2697 , 37 L.Ed.2d 548 (1973). A showing of de jure segregation is necessary to support a finding of a constitutional violation and invoke the Court’s equitable powers to remedy any racial imbalance. See
Dayton Board of Education v. Brinkman,
433 U.S. 406 , 97 S.Ct. 2766 , 53 L.Ed.2d 851 (1977);
Higgins v. Board of Education,
508 F.2d 779 (6th Cir. 1974).
Essentially, de jure segregation is “a current condition of segregation resulting from intentional state action.”
Keyes v. School District No. 1,
413 U.S. 189, 205 , 93 S.Ct. 2686, 2696 , 37 L.Ed.2d 548 (1973). As set forth in
Oliver v. Michigan State Board of Education,
508 F.2d 178, 182 (6th Cir. 1974), a finding thereof requires a demonstration of three key elements: “(1) action or inaction by public officials (2) with a segregative purpose (3) which actually results in increased or continued segregation in the-public schools.” The crucial element is a racially discriminatory purpose or intent without which there can be no equal protection violation.
Washington v. Davis,
426 U.S. 229, 245 , 96 S.Ct. 2040, 2050 , 48 L.Ed.2d 597 (1976).
A determination of the requisite intent is difficult in any legal context, but peculiarly so in school segregation cases where the actions of numerous officials as individuals and as a collective body are subject to scrutiny. Only in exceptional circumstances is a decision of such authorities motivated by a single consideration or dominated by one particular purpose.
Arlington Heights v. Metropolitan Housing Development,
429 U.S. 252, 265 , 97 S.Ct. 555, 563 , 50 L.Ed.2d 450 (1977). However, a racially discriminatory purpose need not be the primary motivating factor in a decision to establish the element of intent; it need only be a factor.
Id.
at 265-66 , 97 S.Ct. at 563.
In order to discern whether an invidious discriminatory purpose was indeed a motivating factor in any of the defendants’ decisions or actions, the Court must engage in an exhaustive examination of both the subjective and objective evidence. As stated by the Supreme Court in
Washington v. Davis,
426 U.S. 229, 242 , 96 S.Ct. 2040, 2049 , 48 L.Ed.2d 597 (1976):
Necessarily, an invidious discriminatory purpose may often be inferred from the totality of the relevant facts, including the fact, if it is true, that the law bears more heavily on one race than another. . Nevertheless, we have not held that a law, neutral on its face and serving ends otherwise within the power of government to pursue, is invalid under the Equal Protection Clause simply because it may affect a greater proportion of one race than of another. Dispropor
*989
tionate impact is not irrelevant, but it is not the sole touchstone of an invidious racial discrimination forbidden by the Constitution. .
Thus although the discriminatory effect of official action is a relevant consideration, it is alone seldom determinative of segregative intent absent a clear, otherwise inexplicable pattern.
Arlington Heights v. Metropolitan Housing Development,
429 U.S. 252, 266 , 97 S.Ct. 555, 564 , 50 L.Ed.2d 450 (1977).
The Supreme Court in
Arlington Heights v. Metropolitan Housing Development, supra,
identified several other areas of inquiry appropriate in determining the issue of intent:
The historical background of the decision is one evidentiary source, particularly if it reveals a series of official actions taken for invidious purposes. .
The specific sequence of events leading up to the challenged decision also may shed some light on the decisionmaker’s purposes. .
Departures from the normal procedural sequence also might afford evidence that improper purposes are playing a role.
Substantive departures too may be relevant, particularly if the factors usually considered important by the decisionmaker strongly favor a decision contrary to the one reached.
The legislative or administrative history may be highly relevant, especially where there are contemporary statements by members of the decisionmaking body, minutes of its meetings, or reports.
Id.
at 267-68 , 97 S.Ct. at 564-65. From these objective indicia of official action, the Court may infer the required intent.
The authority to infer intent or purpose from the acts or policies of school officials is critical since such are generally the consequence of competing considerations and mixed motivation. This was clearly recognized by the Sixth Circuit Court of Appeals in
NAACP v. Lansing Board of Education,
559 F.2d 1042 , 1047-48 (1977), as follows:
Indeed, it would be difficult, and nigh impossible, for a district court to find a school board guilty of practicing de jure segregation, unless the court is free to draw an inference of segregative intent or purpose from a pattern of official action or inaction which has the natural, probable and foreseeable result of increasing or perpetuating school segregation.
Thus while a court may infer segregative intent from the circumstances, the inference is permissible and not mandatory even in cases where segregated patterns exist in fact. See also
Higgins v. Board of Education,
508 F.2d 779, 793 (6th Cir. 1974).
Where the evidence supports a finding of purposeful segregation as to part of a school system, the burden of proof shifts to defendants. This burden-shifting principle was succinctly enunciated by the Supreme Court in
Keyes v. School District No. 1,
413 U.S. 189, 208 , 93 S.Ct. 2686, 2697 , 37 L.Ed.2d 548 (1973), in the following manner:
[A] finding of intentionally segregative school board actions in a meaningful portion of a school system, as in this case, creates a presumption that other segregated schooling within the system is not adventitious. It establishes, in other words, a prima facie case of unlawful segregative design on the part of school authorities, and shifts to those authorities the burden of proving that other segregated schools within the system are not also the result of the intentionally segregative actions.
The burden of proof thereby devolved upon defendants can be discharged in either of two ways. Defendants can rebut a prima facie case by showing that “segregative intent was not among the factors that motivated their actions” or that “its past segregative acts did not create or contribute to the current segregated condition” of the schools.
Id.
at 210-11 , 93 S.Ct. at 2698-99 .
In attempting to meet their burden, school authorities most often rely upon invocation of the neighborhood school policy, and attribute the existence of racial imba
*990
lance in the schools to residential patterns and not official action. Standing alone, it is generally accepted that the assignment of students to their neighborhood schools does not violate the Constitution.
NAACP v. Lansing Board of Education,
559 F.2d 1042 , 1049 (6th Cir. 1977). However, the inoffensiveness of the neighborhood school policy and its viability as a defense can only be determined in the context of its overall application within the school system.
In
Oliver v. Michigan Board of Education,
508 F.2d 178 (1974), the Sixth Circuit Court of Appeals indicated that an inference of segregative purpose arising from a pattern of official action which foreseeably results in increased or continued segregation becomes proof unless defendants affirmatively show that their “action or inaction was a consistent and resolute application of racially neutral policies.”
Id.
at 182 . The failure of school officials to accurately anticipate the effect on the racial composition of the schools from a racially neutral retention of the neighborhood school policy does not establish the existence of a dual school system, absent a showing of segregative intent.
NAACP v. Lansing Board of Education,
559 F.2d 1042 , 1049 (6th Cir. 1977).
In
Keyes v. School District No. 1,
413 U.S. 189 , 93 S.Ct. 2686 , 37 L.Ed.2d 548 (1973), the Supreme Court addressed the reliance of school officials upon the neighborhood school policy and firmly stated that:
the mere assertion of such a policy is not dispositive where, as in this case, the school authorities have been found to have practiced
de jure
segregation in a meaningful portion of the school system by techniques that indicate that the “neighborhood school” concept has not been maintained free of manipulation.
Id.
at 212 , 93 S.Ct. at 2699 . On the other hand, the Court quoted its earlier observations in
Swann v. Board of Education,
402 U.S. 1, 28 , 91 S.Ct. 1267, 1282 , 28 L.Ed.2d 554 (1971):
“Absent a constitutional violation there would be no basis for judicially ordering assignment of students on a racial basis. All things being equal, with no history of discrimination, it might well be desirable to assign pupils to schools nearest their homes. But all things are not equal in a system that has been deliberately constructed and maintained to enforce racial segregation. . . . ”
Keyes, supra,
413 U.S. at 212 , 93 S.Ct. at 2699 . Thus it would appear that where there is no finding of intentional segregation, a neutral neighborhood school policy may suffice to explain defendants’ actions.
ANALYTICAL APPROACH
Within the framework of the foregoing relevant legal principles, the Court shall proceed to a detailed factual analysis. Before doing so, however, it is essential to briefly outline three factors critical to an understanding thereof. These factors are: the Consolidated Stipulations of Fact; the census maps; and facility utilization.
After lengthy discussions the plaintiffs and Youngstown defendants agreed to and filed with the Court on January 4, 1977 a document consolidating the factual matters stipulated to by these parties. Upon review thereof, the Court has found numerous inconsistencies not only within the stipulations, but also between the stipulations and other documentary evidence and testimony. In some instances, the Court has only been able to note the inconsistencies. However, where possible, the Court has determined the actual facts, and has rejected the stipulations not in accord therewith. The Court cannot adopt stipulations that are manifestly in error.
Throughout the following factual analysis, the Court shall refer to the census maps introduced into evidence by plaintiffs. These demographic maps show the racial composition of the residential population of Youngstown by census blocks. However, the maps do not show the density of the population in such blocks. Said limitation on the utility of these census maps must be recognized since an area indicated to be 50% to 90% black residentially may in fact contain few residents and thus exercise no
*991
appreciable effect on the schools. Alone, the census maps are a general graphic representation of the location within the City of Youngstown of its black population.
The third, and perhaps the most important, factor is facility utilization. In discussing the various boundary changes, student assignments, construction of new facilities, and additions to existing buildings, the parties usually referred to the “capacity” of the various schools. However, capacity is a nebulous term which connotes the architectural dimensions of a structure. Such may and often does differ from the actual utilization of a facility by school officials. Whereas according to architectural plans a room may be designed to accommodate a certain number of students, sound educational practice may dictate another result. Thus the Court shall not be concerned with the “capacity” of a school because of the misleading connotation. Rather, the Court shall refer to the “maximum optimum utilization” or the “optimum utilization” of a facility as such was reasonably perceived by the school officials at any point in time.
The Court notes that various measures have been employed by the school officials to determine optimum utilization. For instance, the 1952 Report calculates the optimum utilization of elementary schools on the basis of thirty (30) students per classroom and that of secondary schools on the basis of twenty-five (25) students per classroom. (Px 83). On the other hand, the 1964 Report uses a thirty (30) student per classroom measure overall with the exception of special classrooms and specific function rooms such as Study halls and gymnasiums which have their own optimum utilization factor. Further, it appears from the testimony of Dr. Schoenhard that there is no absolute, immutable standard to measure the optimum utilization of a school since the size of rooms and other factors may vary and such dictate the number of students that can be housed therein.
Recognizing the foregoing problems, the Court has nevertheless computed the maximum optimum utilization for the schools at various points in time from the data in the record. In view of the limitations previously expressed, and since the base data does not take cognizance of special education and special function classrooms, the Court shall employ such figures as only a general guide to analysis.
In determining the maximum optimum utilization of the schools for the years for which utilization data is available in the record, the Court shall use contemporaneous documents whenever possible. Since the Court is concerned with determining intent, and since such documents are generally reflective of the knowledge and motivation that formed a predicate for school action, they must be considered the best evidence thereof.
Thus the 1952-53 and 1958-59 maximum optimum utilization figures are derived from the 1952 Report, plaintiffs’ exhibit 83, and are computed on the basis of thirty (30) students per elementary classroom and twenty-five (25) students per secondary classroom. Of course additions to facilities are reflected in the optimum utilization figures.
The 1961-62 and 1963-64 maximum optimum utilization figures are calculated on the basis of thirty (30) students per classroom on all three levels. These figures are generally derived from defendants’ exhibits P-1 through P-38. However, there are exceptions such as in the case of the elementary schools feeding East High School; the optimum utilization figures for such schools for 1963-64 are derived from the 1964 Report, plaintiffs’ exhibit 229.
From the 1967-68 through 1976-77 school years, the maximum optimum utilization figures used by the Court are those contained in plaintiffs’ exhibit 158.
Throughout the factual analysis that follows, the Court has employed charts showing the utilization of the schools and the percentage black student enrollment thereof. A plus (+) figure represents overutilization while a minus (-) figure represents underutilization. The percentage given equals the percentage black student enroll
*992
ment of the school indicated or the level or system average.
Footnotes are also frequently used to explain the maximum optimum utilization of schools where the exhibits provide different figures. These footnotes merely state what is contained in the exhibits and reference to the foregoing explanation is necessary to understand how the utilization figures were calculated. For convenience, the Court has prepared charts illustrating maximum optimum utilization, enrollment, and utilization for 1952-53, 1958-59, 1961-62, and 1963-64. These are contained in the appendix following this opinion.
With the foregoing in mind, the Court shall proceed to analyze the actions of the Youngstown defendants in the following areas: new school construction; additions to existing facilities; boundary changes; assignment of students; feeder patterns; optional attendance zones; grade structure changes; and school closings.
EFFECTS ANALYSIS
The physical dimensions of Youngstown provide for the natural division of the city territory into several sections. This natural division of the city was recognized as long ago as 1921. By resolution of June 14,1920, the Youngstown Board of Education authorized a thorough survey of the city and its schools upon which the building program for the next twenty years might be based. (Px 79). The results of that survey were issued on November 1, 1921 in a published document entitled “A Survey And Building Program For The Youngstown City Schools 1920-1940.” Therein at page 7 it is recognized as follows:
Several strong natural features divide the city area into definite and separate school zones, each of which must attain to a complete system of schools for itself in order to conserve the best interest of all the people and the travel time and safety of the children.
The primary dividing line was recognized to be the Mahoning River which divides the city into two large units: the north and the south sides of the city. The north side contains two distinct sections separated from each other by Crab Creek and its many railroad tracks. On the south side of Youngstown, four well defined sections were created by Mill Creek and its park, Pine Hollow, and the Southern Railroad and its ravine. Thus as stated in the 1921 Survey, Youngstown is comprised of six distinct zones of area and population to be treated as such in a construction program of schools for the future. Accordingly, the Survey set forth a plan to provide a complete system of schools within each section. (Px 79).
The building program devised in 1921 was followed to a great extent by the Youngstown school officials in the ensuing years. Six separate school zones were in fact developed, although not in complete accord with those provided in the 1921 program. Specifically, the separate school zone for that area of Youngstown south of the Mahoning River and east of Pine Hollow did not materialize. It appears according to the Survey that the planned development of this zone was premised, in part, upon the expected annexation of additional territory to the city; this annexation was not achieved. As a consequence, only three zones were developed south of the Mahoning River. North of the river, instead of the two zones planned in the 1921 Survey, a third zone was created. Thus six distinct zones each with their own school plant were created essentially in conformity with the 1921 program. (Px 79).
In view of the foregoing, the Court deems it both necessary and proper to analyze the acts and omissions of the Youngstown defendants within the six separate sections of the city. The six separate zones to be studied are derived from the six high school districts in Youngstown. With the exception noted above, this is in accord with the 1921 building program. Thus within the framework of the six high school zones, the Court shall proceed to analyze the acts and omissions of the Youngstown school defendants from 1940 to today.
*993
RAYEN ZONE
Within the Rayen zone to be discussed below are the following schools: Rayen High School; Hayes Junior High School; and Butler, Elm, Covington, Harding, Jefferson, McKinley, Madison, and Tod Elementary Schools.
According to the 1940 census the nonwhite population of Youngstown was concentrated in greatest numbers in two sections of the city. One of those sections was comprised of the area west of Fifth Avenue with the Mahoning River as its south and west boundary. (Px 41). This area was within the Rayen zone.
In 1940, Covington Elementary School opened with twenty classrooms to serve an area west of Belmont Avenue, south of Parmalee, and east of Federal Street. (Stip. 114). This facility actually replaced the Covington Elementary School structure in existence since at least 1900. The 1921 Survey described said structure as perhaps the worst school building in Youngstown and recommended its replacement because of its ideal location. (Px 79). ■ The Covington district encompassed an area of Youngstown commonly referred to as the “Monkey’s Nest” and was predominately black in its residential population according to the 1940 census data. Immediately to the north and east of Covington were Elm, McKinley, and Harding Elementary Schools, which schools served areas that were predominately white in their residential population. (Stip. 114).
Also in 1940, Rayen High School received an addition of two classrooms and an auditorium.
Although Hayes Junior High School was constructed in 1927, the oldest recorded boundary available to the Court is dated July 7, 1945. (Px 249). According to said boundary description, Hayes served students in grades seven through nine. Those ninth graders living west of Fifth Avenue remained at Hayes for the ninth grade while those living to the east of Fifth Avenue went to Rayen High School. Based on the census data discussed above, one of the greatest concentrations of black residents in Youngstown was located west of Fifth Avenue. Thus it would appear that a substantial number of black students remained at Hayes for the ninth grade and did not attend Rayen until the tenth grade. The racial significance thereof, however, cannot be determined since the record does not contain racial data for the Youngstown public schools during the 1940’s. In fact, racial data indicating the racial composition of the school population is not available until the 1952-53 school year..
In 1948, Harding Elementary School received an addition of six classrooms. Thus Harding had a total of eighteen classrooms as a result of this addition.
Butler Elementary School had an attendance area which bordered on the Mahoning River and served the section of Youngstown known as the “Monkey’s Nest.” The northern boundary of Butler was expanded in 1949 to include a portion of the Jefferson Elementary School attendance area located west of West Federal Street. Based on the 1940 and 1950 census data as stipulated by the parties, the only portions of Jefferson’s area which were majority black in population were those transferred hereby to Butler. (Stip. 186). The 1950 census map, however, shows that a number of blacks were living east of West Federal Street and thus within the Jefferson district. It would appear that the result of this particular boundary change was to increase the percentage black students at Butler while decreasing that at Jefferson. The true result thereof, however, cannot be readily ascertained in view of the lack of racial data.
In 1950 Jefferson Elementary School received the addition of an auditorium. No racial significance can be attached to this action.
As stated in the 1921 Survey, with each passing year the expansion of business in the Wood Elementary School area greatly reduced the number of homes and the student population therein. As a result and as recommended in the 1921 Survey and the 1945 Study, plaintiffs’ exhibit 78, Wood was
*994
closed in 1951 and a new Elm Elementary School was opened. Wood’s attendance area, which had been bound on the north by Carlton Street, on the east by Crab Creek, on the south by the Mahoning River, and on the west by Market Street and Wick Avenue, was divided into two parts with Wood Street serving as the dividing line. The northern portion of the Wood attendance area was transferred to Elm, while the southern part was transferred to Lincoln Elementary School. (Stip. 147).
1950-51 1952-53
Wood -326
Elm +159 26.4%
Lincoln -106 -25 30.2%
Total Elementary 20.1%
Total System 18.6%
According to the stipulations, the 1950 census data indicates that the only sizeable black community east of Fifth Avenue, west of Crab Creek, and north of the Ma-honing River was contained within the former Wood attendance zone. (Stip. 147).
4
The area transferred to Elm contained most of the black students enrolled in Wood. The effect thereof was integrative since, according to the stipulations, the 1950 census data indicates that most of the black residents east of Crab Creek lived within the Lincoln Elementary zone. (Stip. 147). Therefore, to have assigned the northern portion of the Wood district to Lincoln would have served to increase Lincoln’s percentage black students when Lincoln, in all probability, already had a substantial number of black students. However, the precise effect cannot be ascertained due to the lack of racial data for this period.
After the 1951 closing of Wood Elementary School, no action was taken in the Rayen zone until 1954 when the southern boundary of McKinley Elementary School was expanded to include the northern part of Elm’s attendance area. (Stip. 189).
1952-53
5
McKinley
6
+20 0.0%
Elm
7
+159 26 .4%
Total Elementary 20.1%
Total System 18.6%
The area transferred thereby was predominately white in its residential population according to the 1950 and 1960 census data. (Stip. 189). This change provided some relief to the overcrowded Elm. However, since there is no evidence of the number of students transferred, no analysis of the adequacy thereof can be made. While this transfer may have been segregative in effect, since a residentially white area was removed from Elm and given to a white school, any inference of intentional discriminatory action cannot be deemed established.
8
The evidence also infers a racially neutral transfer to relieve overcrowding in conformity with the neighborhood school policy.
The parties stipulated that the northern boundary of Covington Elementary School was contracted in 1955 to transfer to Jefferson Elementary School an area which was bound on the north by Lexington, on the east by Covington Street, on the west
*995
by Federal Street, and on the south by Park and Wick Avenues. (Stip. 202).
1952-53 1958-59
Covington +53 70.2% +81 93.0%
Jefferson -35 23.8% +73 50.0%
McKinley +20 0.0% +15 1.7%
Elm +159 26.4% +158 49.0%
Washington -268 0.0% -342 0.0%
Total Elementary 20.1% 29.4%
Total System 18.6% 26.3%
As further stipulated, this area was predominately white residentially according to the 1950 and 1960 census. (Stip. 202). However, the 1950 census map shows that in fact the area transferred contained only one 0% to 14% black block, while all the others were from 25% to 90% black in their residential population. Thus, this transfer served to increase the number of black students at Jefferson; whereas in 1952-53 Jefferson was 23.8% black, in 1958-59 it was 50% black. Thus Jefferson became considerably blacker than the system average, and was overcrowded by 1958-59.
No figures are available to the Court for the 1955-56 school year. Interpolating from the available data, for the 1955-56 school year the black student enrollment at both schools was considerably above the system average. Since the boundary change entailed the reassignment of numerous black students to a whiter school it was probably integrative to racially neutral in effect.
Two more integrative alternatives were available in that both McKinley and Washington Elementary Schools were underutilized. Yet utilization of McKinley probably would* have required transportation; a transfer of Covington students to Washington would have required transportation. Therefore, considering the expense of transportation and the geographic proximity of Covington to Jefferson, this particular choice was not unreasonable. It was fully consistent with the neighborhood school policy, and with an objective of reducing the overutilization at Covington.
In 1955, an auditorium was added to McKinley Elementary School. Further analysis of this addition is not necessary.
From 1955 until 1961 there was no action taken by the Youngstown school officials in the Rayen High School zone. In September 1961, Butler Elementary" School was closed due to low enrollment, and its students were reassigned and transported to Tod Elementary School. (Stip. 148).
9
According to the Boundary Change Report, no families were then residing in the River Bend area. (Px 249).
1958-59 1961-6 2
Butler -27 2 96 .6%
Tod -114 7.8% -162 51.8%
Elm +158 49.0% -35 77.7%
Washington -342 0.0% -458 0.0%
Jefferson +73 50.0% +27
Covington +81 93.0% -19
Grant +158 61.0% +60 96 .8%
Total Elementary 29.4% 33.2%
Total System 26.3% 29.8%
This reassignment was apparently integrative as to Tod, although the evidence fails to establish the relevant statistics for the next preceding school year. However, it is reasonable to assume that, in the 1960-61 school year, the percentage blacks enrolled at Tod was substantially below the system average. Therefore, while this transfer caused Tod’s percentage black student enrollment to rise well above the system average, the Board action negates any inference of a policy to preserve white schools. From a utilization standpoint, Tod was also a logical choice since in the next preceding school year it had 100 students, and even after the transfer it was significantly underutilized.
10
*996
Although it probably would have been physically feasible to send the Butler students to Washington, Stambaugh, and/or Harding and thus close Tod, other considerations militated against these options. A November 1959 letter from the Superintendent of Youngstown Public Schools to the Youngstown Metropolitan Housing Authority (hereinafter YMHA) indicates that the latter’s intent to place a housing unit in the Tod area coincided with the Board’s long range plans. Thus it appears that independent of any action by school officials, the housing authorities were planning a development in the Tod area whose students would have to be accommodated by the school system. (Stip. 171). Confirming same is a memorandum from G. H. Schoenhard to Dr. Wanamaker, then Superintendent of the Youngstown Public Schools, which contains a resume of a conference held with Mr. Chester Amedia of the YMHA on December 9, 1960. Therein it is stated that it was expected that ground would be broken for the housing sites by March 15,1961 with completion of construction to occur eighteen months thereafter or approximately in September 1962. It was further stated that site E near Tod School had been enlarged from 142 to 152 dwellings and that it was expected that about 80% of the houses in the site would be occupied by nonwhite population. Additionally, it was believed that the Tod site would be similar in composition and family size to the Kimmel Brook development. (Stip. 172).
The elementary schools that were contiguous to Butler were Elm, Jefferson, Covington, and Grant. While Washington was also contiguous, it was separated from Butler by Mill Creek and its park. As shown by the above utilization and percentage black student enrollment figures, in 1961-62, Grant and Jefferson were overutilized and thus not reasonably available to receive students from Butler. Elm was only underutilized by 35 students and Covington by 19 students. Thus singly or together these latter two schools could not reasonably handle the Butler students. Moreover, both schools were identifiably black so that a transfer thereto would have been segregative. These facts combined with the planned housing expansion in the Tod area rendered reasonable the Board’s efforts to maintain Tod, to transfer Butler students to Tod to effectuate same, and to depart from the normal neighborhood school policy. To have transferred the Butler students to Washington, which could have easily absorbed them, would have left Tod woefully underenrolled. While such alternative would have been more integrative than the one actually chosen, this does not alter the fact that a reasonable, non-racial basis existed for the Board’s action.
It should be noted that the Brier Hill Annex was, in fact, built in the Tod area in 1963. Despite such housing project, Tod’s enrollment continued its downward decline from 1958 through 1961 and on into 1963-64.
11
It appears that the Brier Hill Annex housed senior citizens and not families as initially projected.
Also in 1961, Hayes Junior High School received the addition of a gymnasium. In June, the ninth graders living to the west of Fifth Avenue, which students formerly remained at Hayes Junior High School, were transferred to Rayen and thus all ninth graders in the Rayen area attended Rayen High School. (Px 249). According to the 1960 census map, the subject area west of Fifth Avenue appears to have eon
*997
tained most of the black population in the Hayes-Rayen attendance district.
1958-59 1961-6 2
Hayes
12
-58 34.9% -319 47.3%
Rayen
13
-344 25.0% -404 27.4%
Total-Junior 24.7% 31.1%
Total Senior 18 .8% 23.7%
Total System 26 .3% 29.8%
Since both Hayes and Rayen were substantially underutilized, this factor is not significant in this instance. The action was integrative as to Rayen since even after this influx of black students its black student enrollment was below the system average. A similar but greater increase in the percentage black students at Hayes can in no way be attributed to this change.
A gymnasium was added to Rayen High School in 1962. This building addition requires no analysis, however.
Elm Elementary School was closed in 1965 according to stipulation 149.
14
The Elm students residing in the area bound on the north by Madison Freeway, on the east by Wick Avenue, on the south by the Ma-honing River, and on the west by Fifth Avenue were reassigned and transported to Harding and Washington Elementary Schools. Those living in an area bound on the north by Park Avenue, on the east by Wick Avenue, on the south by Madison Freeway and on the west by Fifth Avenue were reassigned to McKinley Elementary School, while others residing in an area bound on the north by Park Avenue extended westward, on the east by Fifth Avenue, and on the west by Belmont Avenue were reassigned to Covington Elementary School. (Stip. 149). In addition to those four schools, stipulation 180 provides that Elm students were also assigned to Madison.
196 3-6 4 1967-68
Elm
15
-60 71.6%
McKinley -50 5.7% -114 16.3%
Madison -16 3 50.0% -150 67.6%
Harding -58 1.0% -178 9.1%
Covington -74 98.4% -88 97.5%
Washington -316 0.3% -468 0.4%
Total Elementary 39.1% 44.9%
Total System 35.1% 39 .6%
Further, said stipulation notes that the students assigned to Harding and McKinley were white for the most part, while those assigned to Madison were predominately black. (Stip. 180).
The former Elm students transferred to Covington resided in an area which was about half 25% to 50% black and half 50% to 90% black in its residential population. This area contained a few blocks that were 0% to 14% black and some that were 14% to 25% black. Further, according to the 1965 elementary school overlay, the area transferred to Covington included that part of the former Elm district which was east of Fifth Avenue and predominately white in its population. This overlay conflicts with stipulation 149 which indicates that students from this area were transported to Harding Elementary School. Based on the evidence presented, the Court is unable to accurately determine which is correct, although it appears probable that the subject stipulation is in accord with fact.
As provided in stipulation 190, the section of Elm reassigned to McKinley was predominately white in its residential population according to both the 1960 and 1970 census data. The 1960 census map shows, however, that about half of this area was 14% to 25% black. Thus some modicum of integration was achieved since a predominately
*998
white school received an area with a significant number of black residents.
The reassignment involving Harding Elementary School was not indicated on the 1965 elementary school overlay. According to stipulation 180, however, the area assigned to Harding was white residentially and the students were similarly white. The 1960 census map shows that the area was 0% to 14% black in its residential population except for one block which was 14% to 25% black. Thus a limited integrative effect resulted. It should be noted that in addition to these students, the students from the Old Harrison district north of Thornhill Avenue were now transported to Harding; they had been transported to Elm. (Px 285).
Upon the closing of Elm, the section of Youngstown bound on the north by Carlton Street, on the east by Crab Creek, on the south by Wood Street, and on the west by Wick Avenue, and commonly known as “Smokey Hollow” was added to Madison Elementary School. As stipulated by the parties, this area was approximately 50% black in its residential population according to the 1960 and 1970 census. (Stip. 179). As further stipulated, the students assigned to Madison were in turn primarily black. (Stip. 180).
The reassignment of Elm students to Madison served to decrease Madison’s underutilization. Although said reassignment may have increased Madison’s percentage black students, Madison was already above the system average in its percentage black students prior to the boundary change. Moreover, in terms of geographic proximity to Madison, the area transferred hereby was the closest.
16
Those students residing in the area ultimately to be cleared by the university renewal project and the Madison Expressway Program were transported to Washington Elementary School upon the closing of Elm. (Px 285). This was to be a temporary arrangement since eventually the homes in the area from which these students came would be removed. As stipulated by the parties, this area was majority white in its residential population according to the 1960 and 1970 census. (Stip. 148). However, the census map for 1960 indicates that such area assigned to Washington was about half 0% to 14% black and half 14% to 25% black with a small section from 50% to 90% black in its residential population. Therefore, this reassignment was clearly integrative. Although it constituted a deviation from the neighborhood school policy, the expected eventual elimination of residences in the subject former Elm area rendered this reassignment temporary in nature.
In summary, the Elm closing reassignments were in many instances integrative in effect and reasonably related to non-racial factors.
In 1965, the southern boundary of Harding Elementary School was expanded to include the northern section of the McKinley attendance district. (Stip. 194). According to the Boundary Change Report, on July 28, 1965, Harding’s southern boundary was changed by two blocks and Tod Lane, Lora and Fairgreen Avenues as far west as
*999
Belmont were added to its attendance district. (Px 249).
Harding 1.0%
McKinley 5.7%
Total Elementary 39.1%
Total System 35.1%
As stipulated by the parties, the area transferred was, according to both the 1960 and 1970 census, overwhelmingly white residentially. (Stip. 194). While the reasons for this change are not established by the evidence, it may have been made at this time in order to free additional space at McKinley for the Elm students transferred there. Both Harding and McKinley were whiter than the system average, and thus as to Harding this action was racially neutral. It did, however, serve to reduce the number of white students at McKinley causing in turn an increase in the proportion of blacks at that school.
By a letter to parents dated August 21, 1967, the Youngstown school officials notified those persons residing in the area of Youngstown State University that thereafter the school system would not provide transportation to Washington Elementary School from the university area. (Px 285). Thus in 1967, the eastern boundary of Covington Elementary School was expanded to include that section of the former Elm attendance district from which students had been bused to Washington. (Stip. 204). Plaintiffs’ expert William Lamson testified that due to financial reasons the transportation program to Washington was eliminated.
There were significant physical changes taking place within said area. As projected at the time of Elm’s closing, the expansion of the university and the freeway would in turn produce a decrease in the number of elementary school age children residing in the central section of Youngstown. Thus few students could have been living in the university area thereby rendering transportation to Washington an expensive and unnecessary proposition. Moreover, this reassignment represented a return to the neighborhood school policy since Covington Elementary School was in close geographic proximity to the university area. Racially, an integrated area was added to a predominately black school and thus the effect thereof was integrative.
In 1970, the issue of closing Tod Elementary School again arose, as reflected in a letter dated November 10, 1970 from Chester Amedia, Director of the YMHA, to Dr. Yiering, then Superintendent of Youngstown schools. (Px 404-A). According to said letter, a committee representing parents who were residents of the Brier Hill Annex met with Mr. Amedia and requested that the YMHA appeal to the Youngstown school officials and Board to allow Tod School to remain open. A number of reasons were advanced why the closing of Tod would present a hardship on such families. Essentially they dealt with the problems that would arise as a result of the transportation of these students to another school. As stated therein, the majority of the Brier Hill Annex children lived within five minutes of Tod. These parents essentially asserted that the closing of Tod would deprive them of the benefits of the neighborhood school policy including incurring additional expenses for such items as clothes, lunches, and transportation. (Px 404-A).
Nevertheless, in September 1971, Tod Elementary School was closed. (Stip. 144, 152).
Jefferson -17 90.3% “88 87.0%
Covington “129 97.9% -127 83.3%
Stambaugh -497 13.7% -494 13.3%
Harding “57 15.0% -79 16.7%
McKinley -106 21.7% -150 18.5%
Total Elementary 44.5% 39.8%
Total System 44.1% 43.4%
The former Tod attendance area was split into two sections: the eastern section was within walking distance of Jefferson and thus the children residing therein were assigned to Jefferson; the children residing in the northern and western sections of the former Tod district were transported to the discontiguous Covington. (Px 221). Also
*1000
at this time, Covington’s western boundary was expanded to include a section of the former Butler attendance district which had been a discontiguous area assigned to Tod from 1961 to 1971. (Stip. 205).
It appears from the 1970 census map that all of the areas transferred to Jefferson and Covington at this time were mostly white in their residential population. Thus these reassignments were integrative in that these two identifiably black schools received a substantial number of white students. This is reflected in the 1971-72 percentages for Jefferson and Covington which show a considerable decrease in both schools’ percentage black students. It appears that Covington was utilized since a bus garage for the public schools was located in the Tod area and could thus easily transport Tod area students to Covington on its way into the central city area.
The grade structure of Hayes Junior High School was changed for the 1971-72 school year from grades seven and eight to grades six through eight. At the same time the grade structures of Covington, Harding, Jefferson and McKinley Elementary Schools were all changed from kindergarten through sixth grade to kindergarten through fifth grade. (Px 271).
1970-71 1971-72
Hayes Junior High -378 64.7% -158 64.9%
Covington -129 97.9% -127 83.3%
Harding -57 15.0% -79 16.7%
Jefferson -17 90.3% -88 87.0%
McKinley -106 21.7% -150 18.5%
Madison -179 68.9% -42 71.3%
Total Elementary 44.5% 39.8%
Total Junior 51.6% 63.0%
Total System 44.1% 43.4%
Although not indicated in the stipulations or other data, such changes may have been part of the reorganization necessary to effectuate the Tod closure. These schools all fed Hayes Junior High School. The only school within the Hayes feeder pattern which did not experience a grade structure change was Madison. Racially these grade structure changes have not been demonstrated to be significant.
The boundary between East and Rayen High Schools became Crab Creek from Adams Street to the Mahoning River in November 1971. (Stip. 249).
1970-71 1971-7 2
East -347 58.8% -6 37 56 .9%
Rayen -352 54.2% -26 0 5 4 . 9%
Total Senior 39.3% 38.7%
Total System 44.1% 43.4%
The attendance area transferred thereby from East to Rayen was majority white in its residential population according to the 1970 census map. Racially this boundary change and territory transfer was neutral in effect.
For the 1972-73 school year, the grade structure of Hayes Junior High School was returned from a grade six through eight school to a grades seven and eight school. (Px 271). Concomitant with this change the grade structures of Covington, Harding, Jefferson, and McKinley Elementary Schools were changed from grades kindergarten through fifth to kindergarten through sixth grade. Again the only school within the Hayes Middle School feeder pattern which did not experience any grade structure change was Madison which throughout remained a kindergarten through sixth grade school.
1971-72 197 2-7 3
Hayes -158 64.9% -508 68 .5%
Covington -127 83.3% -14 84.0%
Harding -79 16.7% -44 20.6%
Jefferson -88 87.0% -20 88 .7%
McKinley -150 18.5% -148 21.7%
Total Elementary 39.8% 46.8%
Total Junior 63.0% 55.8%
Total System 43.4% 44.7%
A look at the utilization figures for Hayes for the 1972-73 school year indicates a dramatic increase in its underutilization. Hayes, however, lost substantially more students than the elementary schools gained by the return of the sixth grades thereto. Thus this grade structure change does not provide a full explanation for Hayes’ loss of enrollment. It may be attributed in part to a decline in the popula
*1001
tion of the area. The evidence presented, however, fails to provide the Court with an accurate explanation therefor. In terms of the racial effect of this change, it appears to have been totally neutral.
Subsequent to the 1972 grade structure change described above, no other changes within the Rayen zone have been proven to the Court.
EAST ZONE
The schools comprising the East zone are: East High School; East
17
and Lincoln Junior High Schools; Haddow, Harrison, Lincoln
18
, Madison, Richey, and Roosevelt Elementary Schools.
The original Roosevelt Elementary School was built in the early 1900’s. In 1940, however, a replacement facility containing seven classrooms was opened. The attendance area assigned to Roosevelt was bound on the north by Shehy Street, on the east by Lincoln Park, on the south by the Mahoning River, and on the west by Forest Avenue. (Stip. 115). The parties stipulated that, according to the 1940 census, Roosevelt and one of its contiguous schools, Lincoln Elementary, contained within their attendance districts most of the black population residing east of Crab Creek and the Mahoning River. (Stip. 115). It was further stipulated that to the east of and contiguous thereto were Richey and Coitsville Elementary Schools of the East and North zones, respectively. These schools served an area which was white in its residential population according to the 1940 census data. (Stip. 115).
Likewise in 1940, Richey Elementary School received a two room addition. (Stip. 115). As noted above, Richey’s attendance area contained only white residents at this time. Finally, in 1940, five classrooms were added to East High School.
The record before this Court is devoid of any racial data for the individual schools prior to the 1952-53 school year. In view thereof, the Court cannot analyze either the racial effect or reasonableness of the 1940 building constructions and additions.
The parties stipulated that the western boundary of Sciencehill Elementary School was contracted in 1946 to transfer a portion of its attendance area to White Elementary School. (Stip. 207). Yet Sciencehill was not commissioned until' 1955. (See pages 1017,1018,
infra.).
Harrison Elementary School was constructed in the early 1900’s north of Thorn-hill Avenue in northeastern Youngstown. (Hereinafter this school shall be referred to as Old Harrison for purposes of' clarity.) In 1949, this facility was closed, and those students residing north of Thornhill Avenue were bused to Richey, while those to the south were reassigned to Madison.
1952-53
Richey +2 0.0%
Madison -52 21.0%
Elm +159 26.4%
Total Elementary 20.1%
Total System 18.6%
According to the 1950 census map, both the area north and the area south of Thorn-hill Avenue were predominately white in their residential population. The assignment of students from the southern section of the Old Harrison district to Madison was probably integrative in effect since Madison’s attendance area encompassed numerous blocks with black residents. The reasonableness of the reassignment cannot, however, be judged due to the lack of utilization figures for the 1949-50 school year in this record. For the 1950-51 school year, Madison Elementary School was underutilized by 206 students according to the February 1952 “Public Schools in Youngstown, Report No. 6.” (Px 83). In view thereof,
*1002
the Court infers that Madison was considerably underutilized in the next preceding school year, and that the reassignment was thus reasonable from a facility utilization standpoint.
The reassignment of students residing north of Thornhill Avenue to Richey was racially neutral in its effect. The reasonableness of this reassignment in terms of facility utilization cannot, however, be determined since the relevant figures have not been made available to the Court. The 1952 Report indicates that, based on the September 1950 enrollment Richey was overutilized by 40 students, but that its excess student population was, in 1952, being transported to Elm Elementary School. (Px 83). When this reassignment was initiated is not established.
Thus the record does not demonstrate that the reassignment to Richey was an unsound administrative decision. Moreover, said reassignment was apparently effected to quell the considerable opposition to the closing of Old Harrison raised by the residents of the area north of Thornhill Avenue. In an effort to mollify these individuals and assure their continued support, the Youngstown school officials promised that students residing north of Thornhill Avenue would be reassigned to schools which fed Rayen High School. Such action has not been shown to have been unreasonable or discriminatory in effect.
Based on the foregoing, the Court concludes that the evidence does not establish that the closing of Harrison and the concomitant reassignments were segregative in effect or purpose.
In 1951, the students residing north of Thornhill Avenue in the Old Harrison attendance district were reassigned and transported to Elm Elementary School. Said arrangement continued until 1964.
1952-53
Elm +159 26.4*
Richey +2 0.0%
Madison -52 21.0%
Harding
19
+178 0.0%
McKinley +20 0.0%
Total Elementary 20.1%
Total System 18.6%
The Old Harrison students residing south of Thornhill Avenue continued to attend Madison Elementary School.
Racially the reassignment of the students • north of Thornhill Avenue to Elm was unquestionably integrative in effect. These white students, numbering approximately 30, were transported to a school in which the percentage black student enrollment was significantly above the elementary school average for the following year. From an administrative viewpoint, however, said assignment was not sound. According to the 1952-53 utilization figures shown above, Elm was considerably overutilized, while Madison could have easily absorbed the students residing north of Thornhill. However, Elm was within the Rayen High School feeder pattern and thus the change was consistent with the previously discussed promise made to the parents of these students.
20
Sixteen rooms and a gymnasium were added to East High School in 1953. (Stip. 119). As noted above, East at this time
*1003
served as school. both a junior and senior high
1952-53
21
East Jr. & Sr.
North Jr. & Sr.
Rayen Jr. S> Sr.
Wilson Jr. & Sr.
South Sr.
Total Junior
Total Senior
Total System
The Court is unable to accurately assess the racial effect of the East , addition since the next available racial data is that for the 1958-59 school year. Based on the figures for the year preceding the addition, however, the effect appears to have been neutral since the percentage black students enrolled at East was only slightly above the system average.
From an administrative standpoint, the construction of an addition to East had a reasonable basis. As reflected in the February 1952 “Public Schools in Youngstown, Report No. 6,” East High School was 237 students over its optimum utilization figure in September 1950.
22
Such overutilization continued through the 1952-53 school year as shown above; in said year East was overutilized by 145 students. Further, the 1952 Report projected that the junior high school enrollment in the East area would rise to 925 students for 1955, and suggested that such enrollment justified a separate junior high school facility for the area. Rather than construct same, it appears that the school officials responded to the immediate needs of this rapidly growing area by the addition to East. In view of the foregoing, therefore, the Court finds that there was a reasonable basis for the East addition in 1953.
Based on the utilization figures set forth above, it appears that East’s overcrowded condition could have been relieved through the reassignment of its students to either Rayen or Wilson. Of the two, only Wilson presented an integrative alternative; it was, however, located across the Mahoning River from the East High School district. Moreover, a reassignment of East students to either Rayen or Wilson would have been contrary to the neighborhood school policy.
In 1957, Harrison Elementary School opened with 19 classrooms. (Stip. 121).
1952-53 1958-59
Harrison +74 52.0%
Madison -52 21.0% +119 38 .0%
Elm +159 26.4% +158 49.0%
McKinley +20 0.0% +15 1.7%
Harding +178 0.0% +143 0.0%
Scienceville +4 14.3% Facility Closed
White +14 2.0% -10 17.4%
Total Elementary 20.1% 29.4%
Total System 18 .6% 26.3%
Said facility, located south of Thornhill Avenue, replaced Old Harrison which had closed in 1949. Harrison Elementary was apparently constructed, in part, to service the Kimmel Brook Housing Project built in 1955, and the Thornhill Village Housing Development.
*1004
The parties stipulated that in some instances the Youngstown school officials built schools to accommodate the children residing in newly built housing projects operated by the Youngstown Metropolitan Housing Authority. (Stip. 165). The parties further stipulated that, at least as of 1956, the YMHA knew the race of the individual families residing within Kimmel Brook. (Stip. 169). As of December 15, 1956, the apartments were occupied as follows: 125 were occupied by non-whites; 49 were occupied by whites; and 9 were occupied by Spanish speaking residents. (Stip. 169). The number of residents within the project increased rather rapidly so that as of April 30, 1957, 80 were white, 200 were non-white, and 11 were Spanish speaking. (Stip. 169). In view of the apparent exchange of data regarding the location and capacity of both housing projects and schools between the YMHA and Youngstown public school officials, the Court infers that the school officials were aware of the racial composition of the Kimmel Brook Housing Project sometime in 1956. The residents of Thornhill Village were majority white. (Tr. Vol. 13, 2900).
The need for a new elementary school in the Old Harrison district is evidenced by a March 21, 1957 memorandum entitled “Some School Building Considerations by Sections of the City.” (Px 264). Concluding that a sizeable school was needed in the area, the memorandum states that as of that time 375 students were being transported to Elm and Madison Elementary Schools from the Kimmel Brook-Thornhill Village area, and that a total of approximately 521 students from said area were being transported to Elm, Madison, and Lincoln Elementary Schools. (Px 264). These figures include the approximately 30 students residing north of Thornhill Avenue in the Old Harrison district who were being transported to Elm Elementary School.
23
In apparent response to a recognized need, the new Harrison Elementary School was built to be a sizeable facility. Indeed it opened with an optimum utilization of 570, and was thus larger than the average elementary school in the Youngstown Public School system. The record does not disclose, however, the number of students enrolled in Harrison during its first year. Although it could easily accommodate the aforementioned 521 students that were being transported during the 1956-57 school year, it had little excess capacity. Thus by the 1958-59 school year, Harrison was over-utilized and 52.0% black. The construction of Harrison was nevertheless reasonable, as a new elementary-school was needed in the Old Harrison district. The then existing contiguous schools could not adequately accommodate the students residing therein. Moreover, the dictates of a racially neutral neighborhood school policy called for the building of a school within walking distance of said students.
Therefore, although the Youngstown school officials presumably knew the race of the residents in the Old Harrison district, the Court finds, based on the record herein, that the construction of Harrison Elementary School was a reasonable and racially neutral action.
Although Harrison Elementary School apparently had the same boundaries as Old Harrison, the students residing within said district north of Thornhill Avenue continued to be transported to Elm Elementary School. Thus the school officials continued to effectuate the promise to residents of said area that their children would be assigned to schools which fed Rayen High School. This continued assignment of these white students to Elm clearly does not evidence segregative intent since Elm’s percentage black student enrollment was, the following school year, substantially the same as that of Harrison.
*1005
Mary Haddow Elementary School opened with 17 classrooms in 1960. (Stip. 125).
19 58 -59 196 1-6 2
Roosevelt
24
Lincoln
Richey
Sciencehill
Coitsville
Total Elementary
Total System
Despite the stipulation, Haddow is not shown on the 1960 elementary overlay. This discrepancy is possibly explained by the fact that the boundaries for the Haddow attendance district were not set until 1961.
The construction of Haddow Elementary School does not appear to have been segregative in effect. Although racial data for the year of its opening has not been presented to the Court, Haddow’s student enrollment for the 1961-62 school year was 16.3% black. Despite the fact that such percentage was below the system average, it demonstrates that Haddow was in fact integrated and not built to contain a specific race. Admittedly, Haddow’s student enrollment contained fewer black students than that of the contiguous Roosevelt, Lincoln, and Sciencehill Elementary Schools. On the other hand, however, its percentage black students was greater than that of the contiguous Richey and Coitsville Elementary Schools.
Moreover, the need for a new school in the Haddow area was recognized as early as the March 21, 1957 Report discussed above. Therein it was noted that 31 student residents of Lincoln Knolls, a single family residential development, were being transported to Warren Richey Elementary School, and that if the development grew rapidly, the schools in the area would soon be overcrowded, (Px 264). This conclusion, as well as the continuing growth of the area, is substantiated by the utilization figures for the 1958-59 school year which demonstrate that all schools contiguous to the Haddow area were overcrowded. It was thus reasonable for the school officials to ' conclude that a new elementary school was needed. Additionally, this construction again evidences adherence to a neighborhood school policy whereby schools were built close to areas of growing population. There is no indication that race played any part in the construction of Haddow Elementary School.
In 1959-60, Roosevelt Elementary School had a total of sixteen classrooms. Nine of these classrooms were constructed in 1909; the remaining seven were added in 1940. In 1960, the original nine classrooms were demolished and fourteen new classrooms were added. (Dx P-18). Thus, as of the 1960 — 61 school year, Roosevelt had a total of twenty-one classrooms and an optimum utilization of 630 students. (Stip. 125).
Jackson
25
+194 0.2% -111 0.9%
Adams -204 8.2% -444 13.4%
Lincoln +64 37.0% -49 70.3%
Richey +43 2.2% -19 15.5%
Total Elementary 29.4% 33.2%
Total System 26.3% 29.8%
Prior to this addition, Roosevelt was significantly overutilized and was inadequate to meet the demands of this growing area of Youngstown as evidenced by the optimum utilization figures for the 1958-59 school year. The only two readily recognizable alternatives to the action taken were reassignment of Roosevelt students to Adams and/or Haddow. Such alternatives were not, however, convenient from the stand
*1006
point of geographic proximity since each school was a considerable distance from Roosevelt making transportation a necessity. In any event, this addition appears to have been racially neutral and was supported by a rational basis, namely modernization of facilities, the neighborhood school policy, and the need for more rooms to accommodate present and future growth.
The 1960 elementary school overlay shows a boundary change between Lincoln and Roosevelt Elementary Schools whereby an area that was majority black in its residential population was transferred to Lincoln. Such cannot be accurately analyzed by the Court, however, since it is not known in what year between 1955 and 1960 the change was effected. However, since both schools were over the system average in their percentage black students in the 1952-53, 1958-59, and 1961-62 school years, it is doubtful that this boundary change had any significance and was other than neutral racially.
In June 1961, Kennedy Park Terrace, a low income housing development located on Kendis Circle, was zoned into the Roosevelt Elementary School attendance district. (Px 249).
19 58-59 1961-6 2
Haddow -141 16.3%
Roosevelt +100 52.0% -160 57.4%
Total Elementary 29.4% 33.2%
Total System 26.3% 29 .8%
The parties stipulated that for the 1961-62 school year students residing in this development were also given the option of attending Mary Haddow Elementary School. (Stip. 198).
Such option was created apparently upon the request of the private developers of Kennedy Park Terrace.
26
A June 8, 1961 letter by Superintendent Wanamaker indicates that students residing in Kennedy Park Terrace were assigned and transported to Roosevelt. (Px 274). Parents were given the option of sending their children to Mary Haddow, but the school system did not accept responsibility for their transportation thereto. Kennedy Park Terrace apparently was not included within the Haddow School district because of the lack of adequate and safe sidewalks from the development to said school.
Thus, the students residing in Kennedy Park Terrace had to be transported whether they attended Roosevelt or Mary Haddow Elementary Schools. According to the testimony at trial, it was convenient to transport said students to Roosevelt due to the location of the bus garage. Additionally, the 1960 census map shows Kennedy Park Terrace to have been residentially white. The number of blacks residing therein apparently was not great since the 1970 census map indicates that the development area was only 25% to 50% black in its residential population. Thus in 1961, a predominately white residential area was zoned into a school with a black student enrollment considerably above that of the system average. In view thereof, the assignment of students residing in Kennedy Park Terrace to Roosevelt Elementary School was integrative.
The creation of an elementary school option for residents of Kennedy Park Terrace was also an integrative action since the option applied to all residents whether black or white. Moreover, such action was reasonable since Mary Haddow had considerable unused capacity.
The enrollment problem facing East Junior and Senior High School in the 1960’s was documented in a report dated May 18, 1964. (Px 229). Actually the problem was two-fold: there were too many pupils in the East High building; and such condition was
*1007
intensified by too great a span in age and grade levels. As stated in the 1964 Report, the September 1963 enrollment of East in grades seven through twelve was 2,019 students. It was projected that the enrollment for said grades would gradually increase to 2,101 students by the 1966-67 school year and plateau thereafter until the 1970-71 school year. The optimum utilization figure for East, however, was estimated to be 2,120 students.
27
Although the maximum projected enrollment could be absorbed without expanding East according to the report, such made difficult, if not impossible, implementation of smaller classes for those students with special learning problems. Moreover, concern was evidenced over the fact that within one facility students ranging in age from 10 to 19 years co-mingled. Such was recognized by the school officials as presenting a less than desirable situation for student emotional and social growth. Two possible solutions to this problem were discussed in the report. The first involved the construction of a new junior high school for the East side of the city, while the second proposed that the seventh grades be retained at the elementary schools.
After analyzing all aspects of these two possible solutions, the 1964 Report recommended that, effective September 1964, with certain listed exceptions, those seventh graders who would have gone to East at that time remain at the various elementary schools, and transfer to East upon entering the eighth grade. Exceptions were noted for those children who would profit from special education classes in separate facilities at East, and for the seventh graders at John White and Elm Elementary Schools whose numbers were too small to make their stay in those buildings practicable. Thus it was recommended that the seventh graders at John White join those at Richey, and study be given to the possibility of Elm’s seventh graders attending Madison. Such recommendations could have been implemented in the existing school facilities with the exception of Warren Richey wherein a small addition of two classrooms was urged. It was advised that such addition be available for use at Richey with the opening of the 1964-65 school year.
The following chart shows the enrollment and utilization of the eight elementary schools, excluding kindergarten, which fed East High School according to the 1964 Report. (Px 229 at 6). The percentage black students enrolled at the respective schools for the 1963-64 school year is derived from plaintiffs’ exhibit 107.
9-6 3 TOTAL
ENROLLMENT CAPACITY UTILIZATION
Elm 540 600 -60 71.6% Black
Haddow 386 490
*
-104 11.9%
Harrison 433 470
*
-37 64.2%
Lincoln 918 106 0
*
-142 68 .7%
Madison 447 610
*
-16 3 50.0%
Richey 16 7 18 0 -13 30.9%
Roosevelt 457 580
*
-123 52.2%
White 252 240 +12 72.7%
East Jr. & Sr. 2120 -101 42.0%
Total Elem. 39.1%
Total Jr. 35.4%
Total Sr. 30.1%
Total System 35.1%
The evidence in this record does not disclose whether the recommendations of the 1964 Report were completely implemented. The racial effect of implementing these recommendations would have been neutral. With two exceptions, the percentage black students enrolled at each of the elementary schools feeding East High School for the 1963-64 school year was substantially above the system average; only Haddow and Richey Elementary Schools had black student enrollments less than the system average. The percentage black students enrolled at East was likewise considerably greater than the junior high school, senior high school, and system average. Thus retaining the
*1008
seventh graders at the elementary schools would not have had any segregative effect upon East. Moreover, the reassignment of the seventh graders at John White to Richey Elementary School would have been integrative in that White was an identifiably black school, while Richey had fewer black students than the elementary and system average. Transferring Elm’s seventh graders to Madison Elementary School would have been a neutral action since both schools had significantly more black students than the system average.
From a facility utilization standpoint, there was a reasonable basis for the recommendations. Thus the recommendations and their implementation represent sound administrative judgment. In view thereof, and in view of the neutral racial effect of the recommendations, no inference of intentional segregation arises therein.
It should be noted that the 1964 Report on the East High area represents one of the few comprehensive studies of a school problem presented to the Court. Said report demonstrates a practical approach to a difficult problem, and an attempt to solve same consistent with a neutral neighborhood school policy. This report does not evidence any segregative purpose on the part of the Youngstown school officials in solving the enrollment problem on the east side of Youngstown.
The parties stipulated that in 1964 Richey Elementary School received an addition of two classrooms. (Stip. 127). Thus it appears that the recommendations contained in the 1964 Report were followed at least in part. The racial effect of the addition to Richey was neutral. The reassignment of seventh graders from John White Elementary School to Richey in conjunction with the addition, as noted above, was integrative. The addition was both reasonable and necessary since Richey was only underutilized by 13 students for the 1963-64 school year. Thus no adverse racial inference can be drawn from the addition to Richey.
Upon the closing of Elm Elementary School in 1965, the students residing north of Thornhill Avenue in the former Old Harrison attendance district was reassigned and transported to Harding Elementary School.
196 3-6 4 196 7-68
Harrison -37
28
64.2% -47 69.8»
Harding -58 1.0» -178 9.1»
McKinley -50 5.7% -114 16.3%
Madison -163 50.0% -150 67.6%
White +12 72.7% -39 82.2%
Total Elementary 39.1% 44.9%
Total System 35.1% 39.6%
This reassignment continued until 1974. According to the 1960 census map, the subject area north of Thornhill Avenue was predominately white in its residential population.
The racial effect of this reassignment was segregative in that white students were bused from a racially identifiable black school upon its closing to a racially identifiable white school. The reassignment of the students residing north of Thornhill Avenue to Harding continued the deviation from the neutral neighborhood school policy started in 1949, in that these students lived within the boundaries of the attendance district for Harrison Elementary School. Although Harrison was underutilized by 37 students two years prior to this action, the 1964 Report on the East High area indicates that in 1963-64 Harrison’s sixth grade students attended Madison Elementary School. Thus Harrison was not able to accommodate all of the students residing in its district. In view thereof, it could neither retain the seventh grade as recommended by the report, nor adequately serve the approximately 30 students residing north of Thornhill Avenue.
An explanation for this particular reassignment appears to be the original 1949
*1009
promise to residents of the former Old Harrison area north of Thornhill Avenue that their children would remain in elementary schools that fed Rayen High School. Harding was one such school, and, based on the 1963-64 utilization figure, had sufficient excess space to accommodate these students. To the extent that the reassignment resulted from parental pressure upon the Youngstown school officials, it does not appear to have been totally unreasonable.
The reassignment of the students residing north of Thornhill Avenue is alone not sufficient to show intentional segregation; it may however, raise an inference thereof. While the assignment of the students residing north of Thornhill to Harrison might have been integrative, such an effect would have been minimal since these students represented less than 1% of the school population.
As previously indicated, Harrison was not capable of accommodating all the students within its area from shortly after its opening in 1957. By 1967, however, it is apparent that the situation at Harrison was not relieved by additions thereto due in part to the influence of sociological and economic factors. A September 11, 1967 memorandum from G. H. Schoenhard to Mr. W. W. Zinser deals with “The question regarding overcrowding at Harrison School.” (Px 244). Said memorandum states that each year Harrison reaches reasonable capacity with some of its students being transported to Madison and Harding.
29
As to Harding Elementary School, the 1967 memorandum indicates that approximately 30 to 35 students from the northern section of the Harrison district were bused thereto. Further, the memo states that:
These pupils (1-6) live in a rather isolated area and sociologically are quite different from those pupils who attend Harrison or Madison. At one time they had their own little school there but it has been taken down. They are quite happy to be bused to Harding. Harding has plenty of room for them.
Thus, factors outside of a neutral neighborhood school policy were considered by the school officials in dealing with the overcrowded situation in the Harrison area. Moreover, rather than propose a solution to a difficult situation, the memorandum merely concludes that the situation is an interesting one. (Px 244).
In 1971, the northern boundary of Harrison Elementary School was redefined along Thornhill Avenue according to the testimony of plaintiffs’ expert William Lamson.
1970-71 1971-72
Harrison -151 69.7% -91 71.6%
Harding -57 15.0% -79 16.7%
Total Elementary 44.5% 39.8%
Total System 44.1% 43.4%
This redefinition merely represented further recognition of existing fact. It did, however, establish a clear racial boundary line whereby the white residents of the area north of Thornhill Avenue were transported to the predominately white Harding Elementary School, while the predominately black residents of the area south of Thorn-hill Avenue continued at Harrison Elementary School. Based on the utilization figures shown above, it appears that Harrison Elementary School could have accommodat
*1010
ed the approximately 30 elementary school students residing north of Thornhill Avenue. Harrison’s earlier overcrowded condition appears to have been relieved since, as will be discussed below, it retained its next sixth grade class for the 1971-72 school year instead of reassigning those students to Madison Elementary School.
Effective the 1971-72 school year, Lincoln Elementary School was converted into a middle school servicing grades seven and eight.
30
Such change resulted in the reassignment of approximately 517 students from Lincoln and surrounding schools to Madison, Roosevelt, Mary Haddow, Warren Richey, John White, and Harrison Elementary Schools. (Px 221).
1971-7 2
Lincoln Elem. & Jr. -26 5 64.5% -38 4
Roosevelt -17 5 43.1% -48
Richey + 2 68 .6% -45
+ 21 83.2% +104
Haddow -124 39.1% -88
Madison -179 68 .9% -42
Harrison -151 69.7% -91
Total Elementary 44.5%
Total Junior 51.6%
Total System 44.1%
First, the western boundary of Roosevelt Elementary School was expanded to take in part of Lincoln’s attendance area thereby adding approximately 181 students to Roosevelt. (Px 221). This area transferred to Roosevelt was predominately white in its residential population according to the 1970 census data. (Stip. 200).
Second, 39 students from Roosevelt Elementary School who resided east of Jackson Street and below the southern extremity of Lincoln Park were reassigned and transported to Mary Haddow Elementary School. (Px 221). According to plaintiffs’ exhibit 249, however, Roosevelt’s boundary was amended in June 1971 to transfer the Haseltine area from Gladstone Avenue east to Mary Haddow Elementary School in order to create additional room at Roosevelt for students from the then closed Lincoln Elementary School. The record before the Court does not clarify the discrepancy created by the two exhibits prepared by the same Youngstown school official. Thus the Court cannot determine the exact area that was transferred from Roosevelt to Haddow, and the precise month in which the boundary change was made.
The Haseltine area students were transported to Mary Haddow Elementary School by the same bus which was at the time already transporting students residing in Kennedy Park Terrace thereto. (Px 221). Based on the 1970 census map, this isolated area then made a part of the Haddow attendance district was mostly 14% to 100% black in its residential population with a number of blocks that were 0% to 14% black residentially.
At the closing of Lincoln Elementary School, there was one additional reassignment involving Roosevelt and Haddow Elementary Schools. Kennedy Park Terrace was officially transferred from the Roosevelt attendance district to that of Mary Haddow. (Px 249).
31
Kendis Circle, the location of Kennedy Park Terrace, was 25% to 50% black in its residential population according to the 1970 census map.
The racial effect of the three above described reassignments upon Roosevelt Elementary School was neutral. The percent
*1011
age black students enrolled at Roosevelt for the 1970-71 school year declined slightly for the 1971-72 school year. For both years, Roosevelt’s percentage black students was just below the system average although after the reassignments it was above the elementary school average. From a facility utilization standpoint, these reassignments were reasonable since Roosevelt’s substantial underutilization during the 1970-71 school year decreased for the 1971-72 school year.
The reassignment of students residing in the Haseltine area and at Kennedy Park Terrace from Roosevelt to Mary Haddow was integrative or neutral as evidenced by the increase in Haddow’s percentage black students, and since Roosevelt experienced a slight decrease in its percentage black students. Although the percentage black students at Haddow during the 1971-72 school year was greater than the elementary school average, said average declined from that of the preceding year. Nevertheless, both Haddow and Roosevelt had a black student enrollment that was representative of the number of black students at the elementary school level. Moreover, the transfer of additional students to Haddow was reasonable in terms of facility utilization since Haddow became less underutilized as a result thereof.
Third, the area north of Oak Street and east of Garland, formerly within Lincoln’s attendance district, was placed within that of Warren Richey. Richey’s enrollment was thus increased by an additional 58 students. (Px 221). Based on the 1970 census map, the area transferred to Richey was predominately white in its residential population.
Fourth, since the closing of Sciencehill Elementary School in September 1969, approximately 50 children from the John White attendance area had been transported to Richey. Upon the closing of Lincoln in September 1971, these students were returned to John White. (Px 221). The area returned to White thereby was mostly white in its residential population according to the 1970 census map.
These reassignments had a neutral racial effect upon Warren Richey and John White Elementary Schools. Prior thereto, both schools had a black student enrollment that was considerably above the system average. Although the percentage black students enrolled at each decreased substantially for the 1971-72 school year, such was still considerably above the system average. From a facility utilization standpoint, the reassignment does not evidence sound administrative judgment as to White since its overcrowded condition was only exacerbated.
Fifth, according to plaintiffs’ exhibit 221, the remainder of the Lincoln Elementary School attendance district was reassigned to Madison Elementary School thereby transferring 278 students residing west of Garland Avenue and Forest Avenue. Further, said exhibit provides that the students living south of Oak Street were bused to Madison. Plaintiffs’ exhibit 249, however, indicates that in June 1971, due to the closing of Lincoln Elementary School, students residing in the area west of Garland Avenue and Fruit Street, from the Mahoning River on the south to Valley Street on the north, were transported to Madison Elementary School. To further complicate matters, the 1976 elementary school overlay shows the western boundary of Madison Elementary School to be different from that described by either of these two exhibits. The Court is unable, on the basis of this record, to resolve the conflicts in the data and determine the exact area transferred to Madison Elementary School. At most the Court can find that, as stipulated by the parties, the southern and western boundaries of the Madison attendance district were expanded in 1971 to include a part of the former Lincoln Elementary district which area was predominately black in its residential population according to the 1970 census data. (Stip. 181).
As to Madison Elementary School, this reassignment was not racially significant in effect. Although the percentage black students enrolled at Madison increased for the 1971-72 school year, Madison’s percentage black students was considerably above the
*1012
system average prior to the transfer. Moreover, in view of the fact that Madison’s underutilization decreased, the reassignment was reasonable from an administrative standpoint.
Lastly, prior to the closing of Lincoln, Madison Elementary School had housed 30 sixth grade students from Harrison Elementary School. Upon Lincoln’s closing, Harrison retained its next sixth grade class of students in order to provide additional room at Madison. (Px 221). As a result, the grade structure of Harrison was changed from kindergarten through fifth grade to kindergarten through sixth grade for the 1971-72 school year. (Px 271). The racial effect thereof upon Harrison was racially insignificant. Since Harrison was underutilized by 151 students for the 1970-71 school year, this grade structure change represents a reasonable administrative action.
Of the six elementary schools directly affected by the closing of Lincoln Elementary School, Haddow, Madison, and Harrison experienced an increase in their percentage black students, and Roosevelt, Richey, and White experienced a decrease. With regard to the three elementary schools with an increased black student population, Haddow experienced the greatest increase and yet its percentage black students was only slightly above the elementary and total system averages for the 1971 — 72 school year. The percentage black students at Madison and Harrison increased even more slightly, but both schools had a black student enrollment that was considerably above the system average prior to the reassignments discussed above. From a facility utilization standpoint, the only questionable reassignment is that involving John White Elementary School since it was overutilized by 104 students for the 1971-72 school year. Said reassignment was, however, integrative and represented a return to the neighborhood school policy therein. Overall, no inference of segregative intent arises from the student reassignments at the elementary school level upon the closing of Lincoln Elementary School.
In 1971, East Junior High School was closed when its seventh and eighth grades were reassigned to Lincoln Middle School.
32
(Px 249).
1970-71
East Jr. & Sr. -347
East Senior
33
Lincoln Elementary
Lincoln Middle 61.5%
Total Elementary 44.5% 39 .8%
Total Junior 51.6% 63.0%
Total Senior 39.3% 38 .7%
Total System 44.1% 43.4%
As a result, East was only a senior high school serving grades nine through twelve for the 1971-72 school year. (Px 271).
Contrary to the reassignment described in plaintiffs’ exhibit 249, for the 1968-69 through 1970-71 school years, plaintiffs’ exhibit 271 indicates that East High School served grades eight through twelve. Thus it would appear that, based on said exhibit, East had no seventh graders to reassign to the then converted Lincoln Middle School. Further, plaintiffs’ exhibit 271 provides that the grade structures of the seven elementary schools which fed East Junior and Senior High School prior to 1971-72 were as
*1013
follows: Harrison had grades kindergarten through fifth; Roosevelt and White had grades kindergarten through sixth; and Haddow, Lincoln, Madison, and Richey Elementary Schools had grades kindergarten through seventh.
34
For the 1971-72 school year, the six elementary schools feeding Lincoln Middle School and East Senior High School all served kindergarten through sixth grade according to plaintiffs’ exhibit 271. The Court is unable to determine on the basis of this record which of the two exhibits is correct, and thus cannot make a finding as to the grade structure changes that actually occurred.
As a result of the inconsistencies noted above, the Court cannot accurately analyze the reorganization in the East High area that occurred in 1971. It does appear, however, that the restructuring had a neutral racial effect upon Lincoln Middle School and East Senior High School. The percentage black students enrolled at East Senior High School declined slightly for the 1971— 72 school year. Moreover, while East remained above the system average, the percentage black students enrolled at Lincoln was, after its conversion to a middle school, below the junior high school average. From a facility utilization viewpoint, the previous underutilization of both schools increased greatly. No inference of segregative intent arises from this grade restructuring since it was insignificant in terms of racial effect.
As noted above, concomitant with the grade structure changes at Lincoln Middle School and East Senior High School, Haddow, Harrison, Madison and Richey Elementary Schools all became kindergarten through sixth grade schools for the 1971 — 72 school year thus joining Roosevelt and White in such a grade structure. (Px 271). There has been no showing that such was in fact segregative in effect or intention.
For the 1972-73 school year, the grade structure of Richey Elementary School was changed from kindergarten through sixth grade to first through sixth grade. (Px 271). The record does not disclose to which school kindergarten students from the Richey area were reassigned; nor does it indicate the reason for this grade restructuring. As a result thereof, Richey’s underutilization increased. The percentage black students in Richey’s student population likewise increased from 56.4% for the 1971-72 school year to 63.2% for the 1972-73 school year. It is not logical to attribute such-increase to the mere loss of the kindergarten. Moreover, said increase was substantially the same as the increase in the percentage black students on the elementary school level throughout the system. The racial effect of this grade restructuring at Richey appears to have been neutral.
In 1974, as stipulated by the parties, Coitsville Elementary School was closed and all of its students were reassigned to Mary Haddow Elementary School. (Stip. 225).
-108
-105
-8 2 41.8% 47.8%
Richey -75 64.6% -35 70.2%
Thornhill -209 88 .5% -203 93.5%
+40 8 3.6% 86.2%
Total Elementary 43.7% 45.2%
Total System
The eastern boundary of Haddow was expanded to take in the entire area previously within the Coitsville attendance district. As a result thereof, 123 white students and 26 black students were transferred to Mary Haddow. (Stip. 227).
Concurrent with the expansion of Haddow’s eastern boundary was the contraction of its western boundary. This entailed the reassignment of 77 students, the majority of whom were black, to Roosevelt and Richey Elementary Schools. (Stip. 226). The Haseltine area which was within walking distance of Roosevelt was returned thereto
*1014
from Haddow according to the testimony of plaintiffs’ expert William Lamson. This is consistent with the report entitled “Suggested Relocation of Coitsville Pupils” which provides that Coitsville’s entire student body could be transferred to Mary Haddow if certain changes were made. (Px 246). Said report also suggests the transfer of students residing in the Kennedy Park Terrace area to Richey Elementary School through the use of transportation.
35
This suggestion apparently was adopted since the parties stipulated that Richey’s southern boundary was extended to the southeast in order to incorporate Kennedy Park Terrace. (Stip. 222).
Stipulation 222 further provides that Kennedy Park Terrace had previously been an optional zone between Roosevelt and Mary Haddow Elementary Schools. This stipulation, if referring to the immediately preceding period, is, however, in conflict with the above discussed transfer of Kennedy Park Terrace to Mary Haddow in June 1971. (Px 249). Additionally, the 1974 Report on the relocation of Coitsville pupils shows the number of children attending Mary Haddow from Kennedy Park Terrace. (Px 249). Likewise, there is in the record a copy of a letter sent to parents regarding the closing of Coitsville which provides that students residing in the Kennedy Park Terrace area had been attending Haddow as room was available, but that such space no longer existed. (Px 287). In view thereof, the parents were informed that their children would be transferred to Richey, effective September 4, 1974, and that bus transportation would be furnished by the school system. Thus, the Court finds stipulation 222 describing Kennedy Park Terrace as an optional zone to be incorrect herein.
The 1974 Report on Coitsville also recommended the transfer of eight students residing on Oak Street from Richey to Roosevelt Elementary School. Such recommendation was apparently adopted in view of the parties stipulation that the southern boundary of Richey was contracted in 1974 to transfer to the Roosevelt attendance district the northern section of Oak Street from Lansdowne to Excelsior. (Stip. 221). This particular change is not, however, shown on the 1976 elementary school overlay.
The fourth reassignment effected pursuant to the 1974 Report was the reestablishment of kindergarten classes at Richey Elementary School. As a result, the grade structure at Richey was changed from first through sixth grade to kindergarten through sixth grade for the 1974 — 75 school year. (Px 271).
The parties further stipulated that at the 1974 closing of Coitsville, Thornhill Elementary School had 83 empty seats for the 1974-75. school year. (Stip. 228). Despite such stipulation, plaintiffs’ exhibit 158 lists Thornhill’s enrollment for said school year as 247 students which resulted in its being underutilized by 203 students. No explanation for such discrepancy has been provided the Court, and thus the Court is unable to accurately determine the underutilization of Thornhill for the 1974-75 school year. Stipulation 228 implies that Coitsville students could have been transferred to Thornhill. It appears, however, that the only portion of Coitsville’s attendance area within walking distance of Thornhill Elementary School was predominately black in its residential population. A transfer thereof would have, in all probability, only served to increase Thornhill’s number of black students when it was already 88.5% black in the 1973-74 school year. Therefore, it appears that Thornhill was not a realistic integrative alternative in 1974.
Following the 1974 closing of Coitsville Elementary School and the reassignment of its students, the percentage black students attending Mary Haddow Elementary School decreased for the 1974 — 75 school year. As a result, said percentage was closer to the
*1015
elementary average, although still above the same. The reassignments were not unreasonable from a utilization standpoint since Haddow was still underutilized.
The part of Oak Street transferred to Roosevelt Elementary School from Richey was predominately white in its residential population according to the 1970 census map. As indicated above, the 1974 Report notes that only eight students were involved in such transfer. It would thus appear that this reassignment could have only a minimal racial effect, if any. The students residing in the Haseltine area returned to Roosevelt were, as stipulated by the parties, predominately black. As a result, the percentage black students at Roosevelt increased. Nevertheless, Roosevelt was then only slightly above the system average in its percentage black students. The reassignment was not an unreasonable administrative action in that Roosevelt was underutilized to approximately the same extent both prior to and after the same.
Similarly, the percentage black students enrolled at Richey Elementary School increased for the 1974 — 75 school year. Although such increase may have resulted from the inclusion of Kennedy Park Terrace within the Richey attendance district, such transfer involved the reassignment of only 33 pupils according to the 1974 Report. Moreover, said report indicates that Roosevelt acquired only 8 students from Richey in the transfer of the predominately white Oak Street area. On balance, these two reassignments probably served to increase Richey’s black student population. Richey was, however, considerably above the system average prior thereto. In view of the foregoing, the actions taken with regard to Richey Elementary School were not reasonably significant in their racial effect. Such were also insignificant in terms of facility utilization.
The closing of Coitsville Elementary School was administratively sound because of the condition and age of this facility. Overall, the racial effect of the student reassignments made at that time was neutral. Moreover, such were generally reasonable from the standpoint of efficient facility utilization. Thus, the credible evidence does not establish that the reassignments made at the close of Coitsville were anything other than racially neutral actions.
In September 1974, those students residing in the Hubbard Road area north of Thornhill Avenue, who were being transported to Harding Elementary School, were transferred to McKinley Elementary School. (Px 221).
1972-73 1973-74 1974-75
Harding -44 20.6* -86 28.4* -108 34.9*
McKinley -148 21.7* -105 18.0* -129 16 .8*
Harrison -113 74.4* -165 77.8* -141 82.0*
Total Elem. 46.8% 43.7% 45.2%
Total System 44.7% 45.5% 46.7%
This reassignment was assertedly effected due to overcrowding at Harding Elementary School and a declining enrollment at McKinley Elementary School. (Px 221). It is described in the stipulations as a boundary change; the parties stipulated that the eastern boundary of McKinley was expanded to incorporate the northern half of the Harrison attendance district which consisted of the area north of Hubbard Road and Thornhill Avenue. (Stip. 191). As further stipulated, this northern section was predominately white in its residential population, while the southern half of the Harrison attendance district was predominately black in its residential population according to the 1970 census data. (Stip. 191).
Although plaintiffs’ exhibit 221 and stipulation 191 provide that this Harding to McKinley transfer occurred in September 1974, other evidence in the record indicates that such was, in fact, initiated in September 1973. There is a memorandum, dated December 11, 1972, from the principal of Harding Elementary School to the Pupil Personnel Department which states that Harding was overcrowded and that such situation would become “impossible” in September 1973. (Px 295). It is further noted therein that 37 students were then bused to Harding which students apparently resided north of Thornhill Avenue in the Harrison
*1016
attendance district. The memorandum concluded by requesting that a study be made of the possibility of reassigning these 37 students to McKinley, Richey, or even Coitsville Elementary School in order to relieve the overcrowded situation at Harding. (Px 295).
Following the above described memorandum was a letter to Superintendent Robert L. Pegues, Jr., from Irene Ward, Director of Personnel, dated December 19, 1972. (Px 295). Therein it is stated that the 37 children being transported to Harding Elementary School were in fact those residing in the Hubbard Road area of the Harrison Elementary School attendance district. It was further acknowledged that these students were transported to Harding to appease the parents in the area who were dismayed by the closing of Old Harrison Elementary School. Further, Miss Ward stated that it was time to restudy the situation and that it may have been possible for these 37 students to walk to Harrison Elementary School. On the other hand, if transportation was necessary, it would have been logical to transport these students to McKinley Elementary School, and not Coitsville. Moreover, the letter indicated that a question remained as to whether Harrison could accommodate these students since in the past its sixth grade students had to be transported to Madison Elementary School. The letter concluded by advising that, if the original families to whom the promise was made upon the closing of Old Harrison were still residing in the area, opposition could be encountered in trying to make changes. (Px 295). At the bottom of this letter a handwritten note provides that Miss Ward called Superintendent Pegues who approved the transfer of the subject students to McKinley for implementation in September 1973. (Px 295).
The third document indicating that this reassignment from Harding to McKinley occurred in September 1973 is a letter to parents from Harold J. Kennedy, Co-ordinator of Visiting Teacher Services. (Px 295). Said letter states that, due to its heavily overcrowded condition, Harding Elementary School would no longer be able to accommodate those students transported thereto beginning in September 1973. Instead, such students were to be transported to McKinley Elementary School where ample space was availablé.
Upon review of all the evidence, the Court concludes that the transfer of the students residing in the Hubbard Road area from Harding Elementary School to McKinley Elementary School occurred in September 1973. Although this conflict in the record is thereby resolved, another conflict is presented by the data. As noted throughout the exhibits discussed above, this reassignment was purportedly necessitated by the overcrowded condition at Harding and the declining enrollment situation at McKinley. The utilization figures presented to the Court in plaintiffs’ exhibit 158, however, do not support these statements.
Plaintiffs’ exhibit 158 indicates that for the 1972-73 school year, Harding was underutilized by 44 students, McKinley was underutilized by 148 students, and Harrison was underutilized by 113 students. These three elementary schools continued to be underenrolled in 1973 — 74: Harding had 86 empty seats; McKinley had 105 available seats; and Harrison had 165 unused places. (Px 158). There is no explanation in the record for the discrepancy between the statements in the documents made contemporaneous with the decision to reassign and upon which said decision was apparently predicated, and the utilization figures provided the Court. The actual utilization figures are not of prime importance, however. Rather, the Court is concerned with the rationale and motives of the school officials. Thus the Court shall rely on the documents antedating the 1973 reassignment in analyzing the same.
The racial effect of the reassignment of the students residing north of Thornhill Avenue in the Harrison attendance district to McKinley Elementary School was segregative. The area within which these students resided was predominately white in its resi
*1017
dential population according to the 1970 census map. Thus these predominately white students were reassigned and transported to a school in which the percentage black enrollment was significantly below the elementary school average instead of to their neighborhood school which was a racially identifiable black school. The apparent reasons for this deviation from a neutral neighborhood school policy were the facility utilization problems described in the above discussed documents.
NORTH ZONE
Although the North district was not one of the original six districts planned in the 1921 Survey, it is apparent from the evidence that population trends and patterns necessitated the installation of a complete school system in this area. Over the years, the following schools were utilized in this district: Scienceville and North High School; North and Sciencehill Junior High Schools; and Coitsville, Scienceville, Sciencehill, Thornhill, and White Elementary Schools.
As of 1940, the evidence indicates that the North district consisted of the following schools: Coitsville (1910), Scienceville (1912), Thornhill (1916), and White (1926) Elementary Schools; and Scienceville High School (1925) which apparently served grades seven through v twelve. (Px 78). However, stipulation 117 provides that in 1940 Sciencehill and White Elementary Schools each received an addition of two rooms. As will be developed below, Sciencehill Elementary School was not commissioned until 1955. Thus, stipulation 117 is unquestionably in error insofar as it asserts the existence of a Sciencehill Elementary School. If this stipulation is referring to Scienceville Elementary School, it is also in error since that building did not receive an addition in that year. (Px 78). However, Scienceville High School did receive an addition. (Px 78).
The attendance districts served by Scienceville and White Elementary Schools were occupied by white residents. Immediately to the north thereof was located Thornhill Elementary School; the attendance area of said facility was occupied primarily by black residents. (Stip. 117).
The 1945 Study recommended the closure of the Scienceville Elementary School building and the transfer of its students to the south wing of the then existing Scienceville High School building and John White Elementary School. (Px 78). It further recommended that the Scienceville High School building be converted for the use of elementary and junior high school students, and that Scienceville High School students, grades ten through twelve, be assigned to East High School.
The 1952 Report makes the same recommendations, although it refers to the Scienceville High School building as the Old North High School building. (Px 83). It is thus apparent that at sometime between 1945 and 1952 the Scienceville High School building was recommissioned North High School.
The parties have stipulated that the western boundary of Sciencehill Elementary School was contracted to transfer a section of its attendance area to White Elementary School in 1946. (Stip. 207). As Sciencehill Elementary School had not been commissioned as of 1946, the stipulation is obviously in error. Presumably, the parties were referring to a transfer from Scienceville Elementary School, which was found in the 1945 Study to be structurally deficient, of a portion of its attendance area to White.
As this record contains no racial composition data prior to 1952, the Court is unable to ascertain the racial effect of any of the actions of defendant School Board in the 1940’s.
No further actions were taken in the North zone until 1954, the year of the
Brown
decision. The parties have stipulated that, in that year, White Elementary School received an eight room addition. (Stip. 120). However, defendants’ exhibit P-25 establishes that said facility opened in 1926 with four rooms. Recalling that in 1940 there was a two room addition to this
*1018
facility, that in 1964 six classrooms were added, and the indisputable fact that this facility has never had more than fourteen rooms, it is apparent that stipulation 120 is in error. The Court finds from review of plaintiffs’ exhibit 85, defendants’ exhibit P-25, and the testimony of William Way-son, Tr. Vol. 12, 2617-2620, that in 1954 two temporary prefabricated rooms were added to this facility. Thus as of that year, White Elementary School had a total of 8 classrooms, and an optimum utilization of 240 students.
1952-53 19 58-59
White +14 -10 17.4%
Scienceville +4 Facility closed.
Richey +2 0.0% +43 2.2%
Madison -52 21.0% +119 38 .0%
Total Elementary 20.1% 29.4%
Total System 18 .6% 26 .3%
It is apparent that the addition of two rooms to White Elementary School did not directly alter the racial composition of its students. However, two years prior to this addition, in the 1952-53 school year, White was overutilized. Further, each of the contiguous school districts, with the exception of Madison, were also overutilized in that year. The transfer of white students to Madison would have necessitated transportation, thereby increasing the school system’s operating costs as well as deviating from the system’s neighborhood school policy. In view of these facts, it is apparent that the subject addition to White was an administratively reasonable choice.
In 1955, a new North High School facility opened with 24 classrooms and an optimum utilization of 600 students. (Stip. 118). Said facility was built upon the grounds of, and apparently in close geographic proximity to, the old North Junior and Senior High School, formerly known as Scienceville High School, which as of 1952 had 26 classrooms and an optimum utilization of 650 students. Upon the opening of the new North High School, the old structure was recommissioned Sciencehill Junior High and Elementary School.
36
1952-53
North Jr. & Sr. +8 5
North Sr. -108 35.0%
Rayen Sr. -238 19.5% -344 25.0%
Wilson Jr. & Sr. -457 0.7% -227 0.8%
Sciencehill Jr.
37
40.0%
Sciencehill Elem. 48.0%
Total Senior 14.4% 18.8%
Total Junior 21.1% 24.7%
Total Elem. 20.1% 29.4%
Total System 18.6% 26.3%
Analysis of the racial effect of this reorganization is complicated both by the number of facilities involved and by the paucity of data for the relevant years. For example, no racial composition data exists in this record for Scienceville Elementary School, which was closed upon the commissioning of Sciencehill in 1955 pursuant to the rec
*1019
ommendations of the 1945 Study and 1952 Report. Further, there is no utilization and racial composition data for the years immediately preceding and immediately after the opening of these facilities. However, it is apparent that during the 1952-53 school year, the North Junior and Senior High School facility was overutilized by 85 students. During the 1958-59 school year, North Senior High School, which no longer enrolled junior high school students, was underutilized by 108 students. It is therefore clear that a need for increased capacity in this district existed at the time the new North High School was built. However, in 1958-59, North Senior High’s percentage black enrollment was approximately the same as that of Sciencehill Junior High. While the black enrollment at Sciencehill Elementary School was substantially greater than the elementary school average, it appears that this difference resulted primarily from the increasing number of black students enrolled in the system’s elementary schools, as demonstrated by the 9.3% increase in the number of black elementary school students enrolled in the system between 1952 and 1958. Scienceville Elementary School was found in the 1945 Study to be structurally deficient; therefore, its closure was recommended. The 1952 Report, as one of its alternative recommendations, suggested converting Old North High School into an elementary and junior high school. It is clear that such utilization of a serviceable structure was more cost efficient. The Court finds no basis for concluding that the building of North Senior High School, the closing of Scienceville Elementary School and the opening of Sciencehill Elementary and Junior High School was either segregative in effect or evidence of intentional segregative action.
The parties have stipulated that in 1956 the western boundary of Thornhill Elementary School was contracted to transfer to Sciencehill Elementary School an area bound on the north by Datson and Edgar Streets, on the east by Jacobs Road, on the south by McGuffey Road, and on the west by Dudley. (Stip. 215). However, this stipulation directly conflicts with the elementary school overlays drawn by plaintiffs’ expert William Lamson. The 1955-56 overlay, which assertedly shows the boundaries as of that year and which incorporates all boundary changes prior thereto, shows the above described area as already comprising part of the Sciencehill Elementary School attendance district. In accordance with this first overlay is the 1960-61 elementary overlay which does not show the boundary change between these two schools in this area.
1952-53 1958-59
Sciencehill Elem. 48.0%
Thornhill
38
+155 83.3% +51 96.0%
Coitsville +26 0.0% +26 10.4%
Total Elementary 20.1% 29.4%
Total System 18.6% 26.3%
Assuming that the stipulation is correct, the area transferred to Sciencehill consisted of about one-half majority white residential blocks and the other half majority black residential blocks according to the 1960 census map. However, since there are no racial composition figures available for 1956 or 1957, the precise effect of this transfer upon said schools cannot be ascertained. The Court notes that the percentage black student enrollment at both schools was above the total elementary school average. However, from an optimum utilization standpoint, such a transfer would have significantly relieved Thornhill’s overcrowding. While a transfer of a part of Thorn-hill’s attendance area to Coitsville would have been more integrative in effect, Coitsville was overutilized in both 1952-53 and 1958-59 and such a transfer would un
*1020
doubtedly have required costly transportation.
In 1958, three classrooms were added to Thornhill Elementary School. (Stip. 120). As Thornhill’s percentage black student population was already well above the system average in 1952-53, it could be argued that said action constituted an attempt by the school officials to concentrate the black population in the Thornhill attendance area. However, it is apparent that Thornhill was significantly overutilized and that its contiguous schools provided no reasonable opportunity for relief therefrom. Therefore, this addition to Thornhill constituted a reasonable administrative reaction to overcrowding in this facility.
The parties have stipulated that in 1959 the southern and western boundaries of Sciencehill Elementary School were contracted to transfer an area south of Early and Liberty Roads to White Elementary School. (Stip. 209). Said stipulation further provides that said area was predominately white in its underlying residential population according to both the 1950 and 1960 census. However, the 1960 elementary school overlay does not fully reflect such a change. Said overlay demonstrates a transfer of only the Early Road area to the White attendance district. While this overlay’s failure to include the Liberty Road area in the subject transfer contradicts the subject stipulation, it is in conformity with the February 16, 1959 boundary description for White contained in plaintiffs’ exhibit 19.
19 58-59 1961-6 2
Sciencehill Elem. 48.0% 50.0%
White Elem. -10 17.4% -16 75.9%
Total Elementary 29.4% 33.2%
Total System 26.3% 29.8%
In the year preceding this transfer to White, said school’s percentage black student population was substantially below the elementary average. Thus, at first glance, it would appear that the transfer
of
a predominately white residential area to White was segregative in effect. However, two years after this transfer 75.9% of White’s student population was black. As there was only one other intervening alteration to White’s attendance area, and as neither of these changes could possibly explain this radical increase in the percentage black student population at White, it is reasonable to infer that there is either a mistake in the racial percentages given by the plaintiffs or that the racial character of this attendance area changed markedly in a very short period of time. If the first alternative comports with fact, further analysis is impossible. If the second alternative is accepted, it is most probable that in the year of the subject boundary change White’s percentage black student population was significantly higher than it was in 1958-59; in this event, the transfer of a predominately White residential area to White might well have been integrative in effect. In summary, the Court cannot ascertain the racial effect of this transfer.
Neither can the Court precisely analyze the existence of any sound, racially neutral administrative criteria for effecting such a transfer. As previously noted, the evidence does not establish the optimum utilization figures for Sciencehill Elementary and Sciencehill Junior High Schools as separate institutions. Nor does the evidence, prior to 1964, provide a reasonable basis for determining the optimum utilization of said facility for its combined functions. While there is evidence from which the enrollment in said institution can be ascertained for the year 1958-59, no such evidence exists for the year 1961-62 nor for the intervening years. Yet it is clear that White was underenrolled during the school year immediately prior to this transfer; therefore, it is apparent that White could have absorbed at least some of the students transferred to it pursuant to this assumed transfer.
Although not elsewhere documented, the 1960-61 overlay for elementary schools shows a boundary change between Thorn-hill and Coitsville Elementary Schools. This transfer added a black residential area to Coitsville. However, since the Court cannot ascertain the year in which such transfer occurred, it cannot analyze either the racial or non-racial factors which may
*1021
have caused such transfer. However, the Court notes that in 1958-59 Coitsville enrolled only 10.4% black students. If the subject transfer occurred immediately prior to this year or the following school year, it is reasonable to infer that such transfer was integrative in effect.
Stipulation 212 provides that in 1961 Coitsville’s western boundary was contracted to transfer a portion of its attendance area to the then newly built Mary Haddow Elementary School. Stipulation 213 provides that the transferred area contained all of the blacks residing within the Coitsville district; it further provides that an option was given to the students residing within such transferred area, and said students were permitted to continue to attend Coitsville Elementary School at their own transportation expense. However, examination of the 1960 census map reveals that, contrary to stipulation 213, not all of the black residential areas within the Coitsville attendance area were transferred to Mary Haddow.
1958-59 1961-6 2
Coitsville +26 10.4% -55 0.0%
Haddow -141 16.3%
Coitsville’s racial composition figures for 1961-62 gives added support to the statement in stipulation 213 that all of the blacks residing within the Coitsville attendance area were by this transfer reassigned to Mary Haddow. Perhaps the inconsistency between the stipulation and the census map can be resolved by concluding that while black residential areas did remain within the Coitsville attendance district, the same included no black elementary school age children; the only other alternative is a mistake in the map drawn by plaintiffs’ expert. In any event, assuming that all black students residing within Coitsville’s attendance area were in fact transferred to Mary Haddow, such is certainly less than significant. Both Coitsville and Mary Haddow were, in 1961-62, significantly below the system average. Coitsville was, in the year next preceding the subject change for which figures are available, overutilized. Therefore, a reasonable basis for the subject transfer existed. In view of these facts, the Court concludes that this transfer does not evidence segregative effect or intent.
The parties have stipulated that in June, 1961, a thirteen block area bound on the south by Stewart, on the east by Dean, on the north by McGuffey, and on the west by Homewood was transferred from John White to Warren Richey Elementary School. (Stip. 217, Px 249).
19 58-59 196 1-6 2
Richey +43 2.2% -19 15.5%
White -10 17.4% -16 75.9%
Total Elementary 29.4% 33.2%
Total System 26.3% 29.8%
However, the 1965 elementary overlay shows the east boundary to be between Scioto and Dean, and the west boundary to be Magnolia. There is no Homewood on the map in this area.
The area transferred from White to Richey contained four blocks composed of 14% to 25% black residents and one block of 25% to 50% black residents, according to the 1960 census map. The remaining blocks were less than 14% black according to said census map. While the area transferred to Richey was predominately white in character, it is probable that this action was integrative as to it. It is most unlikely that this transfer and the one effected in 1959 affecting White’s boundaries constitute the sole causes for the significant increase in White’s percentage black student population. It is also clear that such transfer had a reasonable basis in terms of facility utilization. In the year of the transfer, Richey remained 19 students underutilized even after receiving additional students from White. Yet White remained underutilized by only 16 students.
According to the stipulations, the southeastern boundary of Sciencehill Elementary School was contracted in 1961 to permit the formal transfer of part of its attendance area to Mary Haddow and Coitsville. The area transferred from Sciencehill was predominately white in its underlying residen
*1022
tial population based on the 1960 census data. (Stip. 209). This boundary change was probably made in June 1961 in connection with the opening of Haddow and with the transfer of territory between Coitsville and Haddow. However, the 1965 elementary school overlay does not show such a change. Moreover, according to the 1960 census map, the southeastern corner of the Sciencehill attendance district was majority black in it residential population. Assuming that the stipulation is correct, it is apparent that said transfer was segregative in effect. However, the precise extent of said effect cannot be ascertained except to note that in the year of this change Sciencehill Elementary School’s black population was 50%, up from 48% three years prior; that 1961 was the first year in which the record demonstrates the percentage black enrollment at Mary Haddow; and to again observe that Coitsville’s percentage black student population dropped to 0% in this year. Utilization analysis of this transfer cannot be effected since the record does not contain utilization figures for Sciencehill Elementary School as a separate facility; however, the Court observes that both Haddow and Coitsville were underutilized even after this transfer.
Of course, if the overlay drawn by the same person drafting said stipulation is correct, the racial effect of this action was clearly integrative. The Court cannot ascertain whether the overlay or the stipulation is correct. Therefore, the Court finds no basis in this record for concluding that said transfer constitutes a racially segregative action.
In 1965, six classrooms were added to White Elementary School. (Stip. 127).
1963-64
39
White +12 72.7% -39 8 2.2%
Richey -13 30.9% -79 47.2%
Sciencehill Elem. 74.2%
11.it-
Harrison -37 64.2% -47 69 .8%
Madison -16 3 50.0% -150 67.6%
Total Elementary 39.1% 44.9%
Total System 35.1% 39.6%
This addition brought the total number of classrooms at White to twelve.
40
It is apparent that the addition to this facility did not constitute a relocation or redistribution of the black students in this residential area. From review of the percentage black student enrollment statistics for the contiguous school areas, it is apparent that each of said schools, with the exception of Richey, were substantially above the elementary school average in the 1963-64 school year. Since by the 1967-68 school year even Richey's percentage black student composition had risen above the elementary school average, it is probable that by 1965 said facility’s percentage black student enrollment was at or substantially near the elementary school average.
In the school year next preceding this addition, White was overutilized; therefore, from a utilization standpoint this addition was necessary. While both Madison and Harrison were underutilized at this time, each of these schools were also substantially above the elementary school average in black student enrollment. Therefore, any integrative effect in transferring students from White to these facilities would have been minimal; further, it is quite probable that such reassignments would have necessitated costly transportation. The Court concludes that this addition comports with a neutral neighborhood school policy and with reasonable utilization of facilities.
*1023
In August 1967, the area described above as having been transferred to Warren Richey Elementary School in June 1961 was returned to John White Elementary School. (Px 249). Thus the southern boundary of White’s attendance district was expanded to incorporate part of its former territory. (Stip. 218). Said area was majority black in its residential population according to the 1970 census map. It must be recalled that White had recently received an addition of six classrooms in 1965, the need for which was recognized in the May 1964 Report on the East High School area. (Px 229). While Richey also received a two room addition in 1964, the need for which was also recognized in the May 1964 Report, it does not appear to have been unreasonable to return this area to White where it had been assigned for years.
Since the area returned to White was predominately black, White’s percentage black students increased. However, White was, even prior to this change, substantially above the elementary school average and thereafter Richey’s percentage black student population was above the elementary school average. It appears that this transfer reinstalled the subject students into the East feeder pattern. From this viewpoint, the effect of this transfer was apparently integrative. In 1967-68, 32.9% of the students at East Junior and Senior High School were black; during the same school year, North’s percentage black enrollment was 65.7%.
In 1968, Sciencehill Elementary School’s southern and western boundaries were expanded. As stipulated, the census data for 1960 and 1970 indicates that the area transferred to White from Sciencehill in 1959 and returned to Sciencehill in 1968 had changed in the makeup of its residential population from predominately white in 1960 to predominately black in 1970. (Stip. 210).
1967-68 1968-69
Sciencehill Elem. 77.4% 71.1%
White -39 82.2% +2 81.8%
Total Elementary 44.9% 43.1%
Total System 39.6% 41.0%
Both White and Sciencehill Elementary Schools were substantially above the system average in both 1967-68 and 1968-69. Thus, as between these schools, this reassignment was racially neutral in effect. However, even after transferring this block of students to Sciencehill, White Elementary School was overutilized in the 1968-69 school year. This reassignment therefore appears reasonable in view of utilization of the subject facility.
In August 1968, the Thornhill Elementary School attendance district was expanded to include a portion of the Sciencehill attendance area. This area included McGuffey Road from Lloyd to Jacobs Road. (Px 249). According to the 1970 census map, the area transferred from Sciencehill to Thornhill was predominately black in its residential population.
1967-68 1968-69
Thornhill ' -155 ^ 93.2% -85 92.1%
Sciencehill 77.4% 71.1%
Both of these facilities were substantially above the system average in percentage black student enrollment. Therefore, the Court concludes that this transfer had no discriminatory racial effect. It is clear, however, that the transfer of students from Sciencehill to Thornhill substantially reduced the latter facility’s underutilization in the 1968-69 school year. It thus cannot be said that this reassignment totally lacked administrative basis; however, in view of the probable underutilization at Seiencehill, said transfer may evidence poor administrative judgment.
In September 1969, Sciencehill Elementary School was closed and its students were reassigned to John White, Thornhill, Coitsville, Warren Richey, and Mary Haddow Elementary Schools. (Px 221). Sciencehill Junior High School was not closed at this time. The students transferred to Thorn-hill lived within walking distance of said school. However, the students reassigned to Coitsville, Richey, White, and Haddow Elementary Schools required transportation thereto.
The stipulations provide that according to the 1970 census data, the area transferred
*1024
to White from Sciencehill was predominately black in its residential population. (Stip. 210). Similarly, the 1970 census map reveals that the areas transferred to Coitsville and Haddow were predominately black residentially. The area transferred to Thornhill was majority black in its residential population and that assigned to Richey was not quite majority black residentially.
Sciencehill 71.1%
White +2 81.8% +46 79 .6%
Thornhill -8 5 92.1% -104 93.4%
Coitsville -66 0.5% -34 19.9%
Richey -56 57.6% +8 65.7%
Haddow -65 26 .5% -8 5 35.5%
Total Elementary 43.1% 44.7%
Total System 41.0% 42.7%
The only racially identifiably black schools experiencing increases in their black student population were Thornhill and Richey. Thornhill’s increase was a mere 1.3% while Richey’s increase was 8.1%. However, considering that the neighborhoods were becoming increasingly blacker at this time, a portion of the increase in Richey’s percentage black student enrollment is probably attributable to this fact. At the same time, however, Coitsville, which was practically an all white school prior to this reassignment, jumped 19.4% in its black student enrollment. Similarly, Haddow, which prior to this reassignment was well below the system average black student population, also experienced an increase in its black enrollment. White Elementary School, which was also racially identifiably black, actually dropped 2.2% in its black student enrollment.
Examination of the optimum utilization figures for said facilities, also infers a lack of any segregative intent involved in these student reassignments. Prior to the reassignment to White, said facility was overutilized; the addition of these students only aggravated said problem, while ameliorating its racial identifiability. Apparently a small number of students was involved in the transfer to Coitsville; they could have easily been absorbed into Thornhill or Haddow, thereby retaining Coitsville as a nearly all white school. Further, despite the addition of students to Haddow, said facility experienced an increase in its underutilization after the reassignment. In short, if the School Board maintained a policy of intentionally segregating its schools, it missed a golden opportunity in the reassignments resulting from the closure of Science-hill Elementary School in 1969. Rather, said reassignments were integrative in effect.
In 1970-71, the grade structure of North Senior High School was changed from nine through twelve to ten through twelve. (Px 271). The ninth grade students residing within the North High district were retained at Sciencehill Junior High School.
1969-70 1970-71
North Sr. -18 3 73.9% -215 73.7%
Sciencehill Jr. -356 70.0% -338 70.6%
Total Junior 51.8% 51.6%
Total Senior 34.1% 39.3%
Total System 42.7% 44.1%
At the time of this grade structure change, both North Senior and Sciencehill Junior High Schools were substantially above the system averages in their black student enrollment. Analysis of the relevant statistics reveals that said grade structure change had a negligible effect upon the racial composition of said schools; upon consideration of this record, the Court can find no adverse racial impact resulting from this grade structure change.
However, prior to this change, both schools were substantially underutilized. This record contains no sound basis for this administrative action; however, it was not discriminatory in effect.
Plaintiffs’ expert, William Lamson, testified that the portion of the Richey attendance district transferred to said facility upon the closing of Sciencehill in 1969 was transferred to White Elementary School in 1974. Such testimony is in accordance with the 1976-77 elementary school overlay drawn by the same expert. However, such testimony conflicts with the Boundary Change Report, plaintiffs’ exhibit 221, which indicates that the same area was
*1025
transferred to White upon the closing of Lincoln in 1971. The record contains no indication as to precisely how Mr. Lamson reached the conclusion that this transfer was effected in 1974. The Court concludes that said transfer actually occurred during the reorganization following the closure of Lincoln in 1971, and has analyzed its effect in the appropriate section.
Effective in the 1974-75 school year, the grade structure change at North High School and Sciencehill Middle School (formerly known as Sciencehill Junior High School) effected in 1970-71 was rescinded. That is, North High School returned to a nine through twelve grade structure while Sciencehill returned to grades seven through eight. (Px 271). This change in grade structure effected no significant changes in the racial compositions of these schools.
In fact, Sciencehill Middle School closed in 1975. (Stip. 143). The grade structure of North High School was expanded to include eighth graders; also, the grade structures of Haddow, Richey, Thornhill and White Elementary Schools were apparently expanded to include seventh grades. The closure of Sciencehill and the grade restructuring to accommodate the same had no significant racial effect and appears to have been administratively sound in view of Sciencehill Middle School’s declining enrollment.
WILSON ZONE
The seven schools comprising the Wilson zone are: Wilson Junior and Senior High School;
41
and Adams
42
Bennett, Bunn, Jackson, and Taft Elementary Schools.
The record does not reveal any actions taken by the Youngstown school officials in the Wilson attendance area prior to 1952. In that year 22 classrooms and an auditorium were added to Wilson Junior and Senior High School. (Stip. 119).
1952-53
Wilson Jr. & Sr. -457 0.7%
South Sr. +101 9.9%
East Jr. & Sr. +145 22.9%
Total Jr. 21.1%
Total Sr. 14.4%
Total System 18.6%
According to the February-1952 Report on the Youngstown Public Schools, Wilson’s optimum utilization figure was 1,025, and for the 1950-51 school year it was overutilized by 85 students. (Px 83). In view thereof, and of the expected population growth in the area, an addition was necessary.
Following the addition, the optimum utilization of Wilson High School was 1,575 based on 25 students per classroom. For the 1952-53 school year, Wilson was underutilized by 457 students. Such underutilization may reflect poor administrative judgment, but the evidence does not establish that this action was segregative in effect or intent.
In 1953, Taft Elementary School received an addition of four classrooms.
1952-53
Taft +79 0.0%
Bancroft -67 0.0%
Sheridan
43
-48 0.0%
Garfield -160 0.0%
Bennett -247 7.1%
Adams -317 4.8%
Total Elementary 20.1%
Total System 18.6%
The racial effect of the addition cannot be determined due to the lack of relevant data in this record for the year immediately following same. However, since Taft and its contiguous schools had a predominately, if
*1026
not totally, white student population during the next preceding school year, it appears that this was a racially neutral action.
Prior to such addition Taft was overutilized for the 1952-53 school year by 79 students. The Court is, however, unable to analyze the immediate effect of the addition in terms of facility utilization since enrollment data for 1953-54 has not been provided. Nevertheless, this addition was a reasonable response to the overcrowded condition at Taft. Although the schools surrounding Taft were all underutilized, the construction of an addition was consistent with the belief of school officials in the need for more modern classrooms in areas of rapid population growth such as the south side of Youngstown.
A letter dated September 3, 1954 was sent by Paul C. Bunn, then Superintendent of Schools, to the parents of students in the Youngstown City School District residing on Wingate, Brandon, and Youngstown Poland Roads. (Px 281). As stated therein, said students had been attending the Poland schools pursuant to an arrangement whereby the Youngstown Board of Education paid their tuition. Such arrangement was made at a time when the cost of transporting those few students was greater for the Youngstown Board than the cost of paying tuition to the Poland School District. For the 1954-55 school year, however, the letter states that the number of students then living in the area justified transporting them to the Youngstown Public Schools. As a result, parents were informed by this letter that, beginning on September 8,1954, students in grades one through six would attend Jackson Elementary School and students in grades seven through twelve would attend Wilson Junior and Senior High School with transportation provided by the school system.
1952-53
Jackson
44
+39 0.0%
Adams -317 4.8 %
Taft +79 0.0%
Wilson Jr. & Sr. -457 0.7%
Total Elementary 20.1%
Total Junior 21.1%
Total Senior 14.4%
Total System 18.6%
In connection with the aforedescribed letter of September 3,1954, it should be noted that the Jackson attendance district was located in the extreme southeastern corner of Youngstown, and apparently bordered that of Poland. The area was predominately white in its residential population according to the 1950 census map. The Court, however, cannot accurately appraise the racial effect of this reassignment due to the lack of specific data in the record. Generally, this action appears to have been racially neutral.
According to the February 1952 Report on the Youngstown Public Schools, Jackson had a maximum optimum utilization of 480. (Px 83). Although the record does not contain any data for the years immediately preceding or following this reassignment, it is reasonable to infer that Jackson was also overutilized during these years due to the continued population growth in the area. In view thereof, it appears that Adams Elementary School may have been a more reasonable choice since it was underutilized in 1952-53 and located close to Wilson where the same bus brought the older students. Adams was, however, only 4.8% black for said school year and thus no inference of segregative intent arises from this reassignment. Moreover, reassigning these students to Jackson was consistent with the neighborhood school policy in that Jackson was apparently the closest elementary school.
With regard to Wilson, the Court is again precluded from fully analyzing the reassignment since the applicable data has not been presented. It does appear, however, and the Court so finds that this reassignment was neutral in its racial effect and reasonable from a facility utilization standpoint.
*1027
The utilization problem at Jackson appears to have worsened during the next two years. In a letter dated August 28,1956, J. Fred Essig, then Superintendent of Schools, informed parents of sixth grade students within the Jackson district that Jackson could- no longer properly accommodate all the students residing in its area. (Px 281). Consequently, it was determined that the sixth grade students would have to be transported to another school. The letter further provides that a survey of available space revealed two possibilities: one was within a junior high school; and the other was at Adams Elementary School. After discussion, it was deemed advisable to reassign the sixth graders to Adams since it had a lunch room, gymnasium and auditorium. As stated in the letter this appeared to be a “happy” solution until construction of a new building in the Poland Country Club section. Thus for the 1956-57 school year, Jackson Elementary School served students in grades one through five, while sixth grade students from its attendance area were transported to Adams.
As discussed above, Adams seems to have been a logical choice since it was a large facility with a maximum optimum utilization of 690 students, and since it was contiguous to Jackson. In terms of racial significance, this reassignment was neutral since the entire southeastern section of Youngstown was residentially white, and the percentage of black students at schools within the Wilson zone was considerably below the system average.
Despite the reassignment of sixth grade pupils for the 1956-57 school year, the utilization problems at Jackson only continued to worsen. Thus by separate letters dated June 7, 1957, J. Fred Essig, then Superintendent of Schools, informed parents of fifth and sixth grade students residing in the Jackson area of the necessity to transport such students to another school for the 1957-58 school year. (Px 281). Fifth grade students were to be transported to Adams Elementary School, while the sixth grade students were to be bused to Bancroft Elementary School. These letters further advised the parents that rapid progress was being made on the new building on the Poland Country Club site. Mr. Essig indicated that excavation was to start within a relatively short time, and that every effort was being made to have the facility ready for occupancy in September 1958.
Subsequently, in his letter of August 27, 1957, Dr. Essig urged parents of fifth and sixth grade students within the Jackson district to attend a meeting at Jackson regarding the transportation and reassignment of their children to other schools within the city. (Px 281). Such letter reiterated the necessity for this action in the face of Jackson’s severe overcrowding. It was further stated that the Youngstown school officials sincerely hoped that this would be the last time that it would be necessary to accommodate Jackson students in this manner. Superintendent Essig expressed the belief that the Paul C. Bunn School on the Poland Country Club grounds would be completed by September 1958.
With regard to Bancroft, the only pre1958 optimum utilization figures available therefor were those for the 1952-53 school year. In that year Bancroft was underutilized; use of Bancroft to relieve the overcrowded condition of Jackson thus appears to have been reasonable. Although Taft was the next closest contiguous school, it was overutilized for the 1952-53 school year and required an addition in 1953. Despite that addition, Taft was overutilized again in 1958-59. Thus from a facility utilization standpoint, use of Bancroft appears to have been a rational administrative action. Racially, this change was again neutral since the elementary schools within the Wilson district were all predominately white.
Despite the indications in the above described letters, the Paul C. Bunn Elementary School was not completed in September 1958. Rather, Superintendent Essig, in his letter of March 12, 1959, announced the school officials’ plan to open Bunn on Monday, March 16, 1959. (Px 281). On that day, the letter indicates that students would
*1028
be transported and reassigned to either Bunn or Jackson Elementary Schools.
19 58-59
Jackson +19 4 0.2%
Adams -204 8.2%
Taft +19 0.0%
Bancroft -6 0.0%
Total Elementary 29.4%
Total System 26.3%
Thus it would appear that the Jackson students who had been attending Bancroft and Adams Elementary Schools were to be returned to Jackson, while some of the Jackson students were then to be reassigned to the new Bunn.
For the 1958-59 school year Jackson was extremely overcrowded, while Adams and Bancroft were underutilized. Taft Elementary School which was located between Adams and Bancroft was slightly overutilized. In view of the enrollment situation in the Wilson district, and the rapid growth in student population being experienced especially at Jackson, the construction of Bunn appears to have been logical. Moreover, it was consistent with. the neighborhood school policy since students in the Bunn area could then walk to school and the transportation required in previous years could be decreased, if not eliminated altogether.
Moreover, the need for either an addition to Jackson or a new elementary school in the area was evidenced by the March 21, 1957 Report on Building Considerations By Section of Youngstown. (Px 264). Therein it is noted that on the south side of Youngstown, Jackson was the most troublesome spot. For the 1956-57 school year, 63 sixth grade students were being transported to Adams as noted in the above described letters. The Report further notes that for the coming school year, which was the 1957-58 school year, 67 sixth grade students would have to be transported from Jackson to Adams, and 106 fifth grade students would have to be transported from Jackson to another building. As indicated by the above discussed June 7, 1957 letters, fifth graders were actually transported to Adams, while sixth graders were transported to Bancroft. Finally, the 1957 Report notes that the two kindergarten sections at Jackson would have to be put into the gymnasium. In view of the growing student population in the Jackson area evidenced by these figures, the construction of Bunn was indeed a reasonable and racially neutral action.
According to the stipulations, Bunn Elementary School received an addition of eight classrooms in 1960. (Stip. 126).
19 58-59 196 1-6 2
-292 0.0%
Jackson +19 4 0.2% -111 0.9%
Adams -204 8.2% -444 13.4%
Total Elementary 29.4% 33.2%
Total System 26 .3% 29 .8%
In view of the lack of relevant data for the 1960-61 school year, the Court is unable to analyze the immediate impact of this addition. For the 1961 — 62 school year, however, Bunn was underutilized by 292 students, and since the addition added only 240 places to Bunn, it appears that such was unnecessary. Due to the rapid growth in the area the construction of the Bunn addition appears at most to evidence poor calculation by the Youngstown School officials; however, the underutilization of Bunn decreased after 1963. No adverse racial inferences can be drawn from this construction since the entire area was whiter than the system average.
The boundary of Bennett Elementary School was moved in June 1961 one block west in order to include within its attendance district Franklin Avenue. Prior to this change, Gibson Street was the western boundary from the Youngstown-Suburban tracks north to the Mahoning River. (Px 294).
19 58-59 196 1-6 2
Bennett -232 17.0% -375 27.2%
Williamson
45
‘ +35 30.0% +17 46 .5%
Total Elementary 29.4% 33.2%
Total System 26.3% 29.8%
*1029
According to the 1960 census map, the area transferred from Williamson Elementary School to Bennett by this boundary change was part 0% to 14% black and part 14% to 90% black in its residential population.
This boundary change served to relieve the overcrowdedness at Williamson. In terms of racial effect, the boundary change was probably integrative as to Bennett. It is highly improbable that this change caused the significant increase in the percentage black students at Williamson.
Similarly in June 1961, the northern boundary of Bunn Elementary School was moved one block north. This removed the Medford area from the Jackson Elementary School attendance district and placed it into that of Bunn. (Px 249).
1958-59 1961-6 2
-292 0.0%
Jackson +194 0.2% -111 0.9%
Total Elementary 29.4% 33.2%
Total System 26.3% 29.8%
Based on the 1960 census map, the area transferred to Bunn was predominately white in its residential population.
In view of the aforedescribed overcrowded condition at Jackson, this territorial reassignment appears to have been a reasonable administrative decision. It served to relieve Jackson’s condition while increasing the student population at the relatively new and underutilized Bunn. The change moreover was racially neutral as both schools were much whiter than the system average.
The parties stipulated that Jackson Elementary School received an addition of two rooms in 1961. (Stip. 126). This addition combined with the above described 1961 boundary change with Bunn Elementary School remedied the overcrowded condition of Jackson. Such is demonstrated by the 1961-62 enrollment figures which show Jackson as being underutilized for said school year by 111 students based on a maximum optimum utilization of 570.
46
Both the prior history of growth in the area and future enrollment figures supported the need for this addition to Jackson. Moreover, the addition was consistent with the racially neutral neighborhood school policy of the Youngstown School officials. The other schools within the Wilson district were all considerably whiter than the system average.
According to a January 6,1966 memorandum from G. H. Schoenhard to Dr. J. H. Wanamaker, then Superintendent of the Youngstown Schools, regarding projected enrollments in Wilson and its contributing areas, Wilson High School was quite overcrowded as of that date. (Px 242). The memo states that with a maximum optimum utilization of approximately 1500 students, Wilson had steadily been overutilized despite the temporary relief given by the removal of the seventh grade therefrom in the 1963-64 school year, which the Court finds was racially neutral in effect. As shown by a table in the memo, Wilson’s enrollment had been increasing since September 1960, and was projected to continue rising through 1970. Moreover, the retention of the seventh grades at the elementary schools since September 1963 provided an inadequate solution for this problem; at the same time Bunn, Jackson, and Taft were apparently with some adjustments able to handle their kindergarten through seventh grade enrollments. Thus, another solution needed to be found.
In 1968, the grade structure of Adams was changed from kindergarten through sixth grades to first through eighth grades. (Stip. 154). At the same time, for the 1968-
*1030
69 school year, Bennett, Jackson, Taft, and Bunn contained kindergarten through seventh grades, while Wilson housed grades nine through twelve. (Px 271).
1967-68 1968-69
Adams -39 4 14.5% -16 4 3.8%
Bennett -356 15.0% -308 14.3%
Jackson -7 0.0% +25 0.0%
Taft -132 0.0% -57 0.2%
Bunn -126 0.0% -37 0.0%
Wilson +25 1.0% -249 1.2%
Total Elementary 44.9% 43.1%
Total Junior 41.1% 47.0%
Total Senior 30.4% 34.1%
Total System 39.6% 41.0%
As a result of this grade structure change, Adams became a partial junior high school housing all the eighth grade students in the Wilson zone. Such change served to relieve Wilson’s overcrowded condition while reducing Adams underutilization.
Due to its central location, Adams appears to have been the most logical choice for this particular grade arrangement. Although its percentage black student enrollment decreased considerably, the Court can find no significant adverse racial effect from this change since the black students were merely reassigned to other white schools. All of the schools within the Wilson district were considerably below the system average in their black student populations. This grade structure change and concomitant reassignment of students was not racially segregative.
/
For the 1970-71 school year, the grade structure of Adams was again changed from grades one through eight to kindergarten through grade eight. (Stip. 154). The elementary schools contiguous to Adams served, however, kindergarten through grade seven for both the 1969-70 and 1970-71 school years. (Px 271).
1969-70 1970-71
Adams -168 4.8% -103 3.9%
Jackson -8 0.2% -12 0.2%
-95 0.0% -132 0.0%
Taft -43 0.2% -53 0.7%
Bennett -338 15.0% -353 16 .6%
Total Elementary 44.7% 44.5%
Total System 44.1% 42.7%
Thus while Adams accommodated the eighth graders from these schools, it appears that kindergarten students from Adams attended one or all of these schools in 1969-70. Adams and its contiguous schools each had a black student population far below the system average. Thus this change appears to have been racially neutral. The addition of kindergarten students to Adams may be considered integrative since Adams had more black students than the surrounding elementary schools.
SOUTH ZONE
The schools within the South High School attendance area are: South High School; Princeton and Hillman Junior High Schools; and Bancroft, Cleveland, Garfield, Grant, Monroe, Sheridan, and Williamson Elementary Schools.
Prior to 1940, Grant was a junior high school. The 1921 Youngstown Public Schools Survey of Building Requirements recommended, however, that Grant be converted into an elementary school as originally planned, and that the junior high school be removed to Hillman. (Px 79). Said recommendation was implemented in 1940 when Grant received an addition of three rooms. The attendance area assigned the new Grant Elementary School was bound on the north by the Mahoning River, on the south by Lakewood Avenue, on the east by the Mahoning River and Oakhill, and on the west by Mill Creek. (Stip. 230). The parties stipulated that this area contained the principal portion of the black residential population residing south of the Mahoning River according to the 1940 census data. (Stip. 230).
Concomitant with the conversion of Grant, Hillman Junior High School opened in 1940. (Stip. 116, 259). Whereas the former Grant Junior High School had fed old Chaney Senior High School, Hillman was within the South High School feeder pattern. The attendance area served by Hill-man was bound on the north by the Mahoning River, on the west by Mill Creek, and on the south by Willis, Oakhill, and Williamson Avenues. (Stip. 116). The parties stipulat
*1031
ed that, according to the 1940 census, the largest pocket of black residents south of the Mahoning River resided within the Hill-man area, and the majority of black students attending Hillman Junior High School were within the Grant Elementary School attendance district. (Stip. 116, 259). As further stipulated, the 1940 census data indicates that the attendance district for Hillman Junior High School contained the majority of black residents within the South High School area, and that the remaining part thereof served by Princeton Junior High School was predominately white in its residential population. (Stip. 116).
The opening of Hillman Junior High School was consistent with the 1921 Building Survey discussed above. Such Survey was concluded prior to the development of the subject racial residential patterns. The Court has not, however, been given the relevant data with which to specifically analyze either the opening of Hillman or the conversion of Grant. A comparison of the 1940 and 1950 census data shows a concentration of black residents within the attendance districts of these two schools. Nevertheless for the 1952 — 53 school year, the percentage black students enrolled at Grant Elementary School and Hillman Junior High School was not that substantially above the respective elementary and junior high school averages. Thus in 1940, said schools were probably at or only slightly above the system average in their black student populations.
Rather than being motivated by racial considerations, the Youngstown school officials were concerned with providing modern school plants within each of the six separate population zones of Youngstown. The Ma-honing River and Mill Creek Park provided a natural boundary for this southwestern zone. Moreover, a safe and racially neutral neighborhood school policy required that children not walk across such potentially hazardous natural boundaries. In view of the foregoing, the preponderance of the evidence does not demonstrate any segregative intent in the conversion of Grant from a junior high school to an elementary school or in the opening of Hillman Junior High School. On the contrary, such actions were taken in response to the intensive growth in population south of the Mahoning River recognized as early as the 1921 Survey.
Likewise in 1940, an auditorium was added to Princeton Junior High School, and three classrooms were added to South Senior High School. (Stip. 116).
Prior to 1940, South Senior High School served the entire area of Youngstown located south and west of the Mahoning River with the exception of that area which today is essentially the attendance district for Grant Elementary School. (Stip. 267). Such distr
This text is long and has been trimmed here. Open the source document for the complete record.