The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
KEITH ELLISON, et al., )
)
Plaintiffs )
) CIVIL ACTION NUMBER
and )
) 5:63-CV-00613-MHH
UNITED STATES OF AMERICA )
)
Plaintiff-Intervenor, )
)
v. )
)
MADISON COUNTY BOARD OF )
EDUCATION, )
)
Defendant. )
MEMORANDUM OPINION AND ORDER
Consistent with its obligations under the desegregation order that governs
this action, the Madison County Board of Education seeks court approval for a
proposed grade reconfiguration for its New Hope Elementary School and its New
Hope High School. (Doc. 183). Neither the private plaintiffs nor the United
States opposes the Madison County Board’s motion regarding grade
reconfiguration. (Doc. 183, p. 10).
The Court must examine the Board’s proposal to determine whether the
proposal will advance, or at least do no harm, to the goals of this public school
desegregation case. See Green v. County School Bd. of New Kent Cnty., Va., 391
U.S. 430, 436 (1968), and Freeman v. Pitts, 503 U.S. 467, 489 (1992) (explaining
that in a public school desegregation case, “the court’s end purpose” is “to remedy
the [constitutional] violation” and ensure that the district has transitioned to “a
unitary, nonracial system of public education” so that the court may “restore [to]
state and local authorities” the control of their public schools).
The Madison County Board bears the burden of establishing that the
proposed grade reconfigurations neither perpetuate nor reestablish a dual school
system. On the record before the Court, the Board has met its burden.
New Hope Elementary School currently includes grades Pre-K – 8, and
New Hope High School includes grades 9 – 12. New Hope Elementary School is
a feeder school to New Hope High School, and both schools are located on one
campus. The Madison County Board is in the process of constructing a building
for the 7th and 8th grades on the New Hope campus. The Board proposes
reconfiguring New Hope Elementary School to a Pre-K – 6 school and New Hope
High School to a 7 – 12 high school.
For several academic, programmatic, and economic reasons unrelated to
desegregation, the Madison County Board wishes to adjust the grade
configurations in the New Hope attendance zone. Because the Madison County
Board wishes to make these changes for reasons other than desegregation, the
Court does not evaluate the overall wisdom of the proposals but instead considers
only the constitutional ramifications of the proposed changes.
The Madison County Board’s proposed changes to New Hope Elementary
School and New Hope High School will not impact the Board’s efforts to comply
with its desegregation obligations because the racial composition of the student
bodies of the reconfigured schools will be nearly identical to the racial
composition of the student bodies at the schools in their existing configurations.
(See Doc. 183, pp. 7–8). For example, the student body of New Hope High School
currently is 79.84% White and 3.49% Black. (Doc. 183, p. 8). If approved as
proposed, the student population at New Hope High School will be 78.50% White
and 4.12% Black. (Doc. 183, p. 8). Although the reconfiguration appears to do
little to advance the goals of this action, the reconfiguration does no harm.
Therefore, the Court approves the Board’s request to change the
grade configuration for New Hope Elementary School and New Hope High
School.
For the reasons discussed above, the Court grants the Madison
County Board’s Motion for Approval of Grade Configuration – New Hope
Schools. (Doc. 183). The Board may implement the proposals discussed in that
motion for the 2020–21 school year.
DONE and ORDERED this May 12, 2020.
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE