The opinion
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
KEITH ELLISON, et al., }
}
}
Plaintiffs,
}
}
}
UNITED STATES OF AMERICA, }
}
}
Plaintiff-Intervenor,
}
}
v. Case No.: 5:63-cv-00613-MHH
}
}
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 has asked the Court to approve
grade configuration and attendance zone changes at Owens Cross Roads Elementary
School and New Hope Elementary School. (Doc. 188). Neither the private plaintiffs
nor the United States opposes the Board’s motion regarding reconfiguration and
attendance zones. (Doc. 188, p. 7).
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. Cnty. Sch. Bd. of New Kent Cnty., Va., 391 U.S.
430, 436 (1968); Freeman v. Pitts, 503 U.S. 467, 489 (1992). The Board must
establish that the proposed grade reconfigurations neither perpetuates nor
reestablishes a dual school system. On the record before the Court, the Board has
met its burden.
New Hope Elementary is a Pre-K through 6th grade elementary school with
classroom capacity for 668 students. (Doc. 184; Doc. 188-1, p. 1). Owens Cross
Roads Elementary is a Pre-K through 6th grade elementary school with a classroom
capacity of 429 students. (Doc. 188-1, p. 1). For the 2020–2021 school year, New
Hope Elementary had an initial enrollment of 493 students, and Owens Cross Roads
Elementary had an initial enrollment of 399 students. (Doc. 188-2, pp. 3–4). During
the second semester 2020–2021, enrollment at Owens Cross Roads Elementary
increased from 399 to 414 students, and enrollment at New Hope Elementary
increased from 493 to 504 students. (Doc. 188-3, p. 1).
To reduce overcrowding at Owens Cross Roads Elementary School, the Board
wishes to adjust the grade configurations by moving the Owens Cross Roads 5th and
6th grades to New Hope Elementary School beginning in the 2021–2022 school
year. (Doc. 188, p. 2). Students from New Hope Elementary School and Owens
Cross Roads Elementary School currently come together in the 7th grade at New
Hope High School. (Doc. 188, p. 2). Because the Board wishes to adjust the grade
configurations in the New Hope attendance zone 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 Board’s proposed grade changes to New Hope Elementary School and
Owens Cross Roads Elementary School will not impact the Board’s efforts to
comply with its desegregation obligations because the slight shifts in the racial
composition of the student bodies at the two elementary schools cancel each other
out. The student body of New Hope Elementary School currently is 3.57% Black
and 84.92% White, and the student body of Owens Cross Roads Elementary school
currently is 15.94% Black and 74.41% White. (Doc. 188, p. 4). If approved as
proposed, the student population at New Hope Elementary School would be 6.63%
Black and 82.26% White, and the population at Owens Cross Roads Elementary
School would be 13.97% Black and 76.19% White. (Doc. 188, p. 5). Thus, the
proposed grade reconfiguration will make the student body of New Hope
Elementary School minimally more diverse while minimally reducing the racial
diversity of the student body at Owens Cross Roads Elementary School. Although
the reconfiguration appears to do little to advance the goals of this action, the
reconfiguration does no harm.
The Board has planned bus routes to accommodate the reconfiguration, and
students will be assigned to those routes on a non-discriminatory basis. The Board
has developed practical ways of communicating its reconfiguration proposal during
the COVID-19 pandemic. (Doc. 188, pp. 5-7).
For the reasons discussed above, the Court grants the Madison County
Board’s Motion for Approval of Grade Configuration and Attendance Zone for New
Hope Area Schools. (Doc. 188). The Board may move the Owens Cross Roads
Elementary School 5th and 6th grade classes to New Hope Elementary School
beginning with the 202 1—2022 school year.
DONE and ORDERED this May 10, 2021.
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE