Appendix — Pasadena City Board of Education v. Spangler

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FILED

DEC 31 1975

JOINT APPENDIX. | MICHAEL RODAK, Je preny |

[January 2, 1976] ————_ ed

—

IN THE

Supreme Court of the Gnited States

OCTOBER TERM, 1975.

No. 75-164

PASADENA CITY BOARD OF EDUCATION, ET AL.,

Petitioners,

vs.

NANCY ANNE SPANGLER, ET AL.,

Respondents,

and

UNITED STATES OF AMERICA,

Respondent.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE NINTH CIRCUIT.

IN THE

Supreme Court of the Anited States

OCTOBER TERM, 1975.

No. 75-164.

PASADENA CITY BOARD OF EDUCATION, ET AL.,

Petitioners,

VS.

NANCY ANNE SPANGLER, ET AL.,

Respondents,

and

UNITED STATES OF AMERICA,

Respondent.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE NINTH CIRCUIT.

INDEX.

PAGE

Chronological List of Relevant Docket Entries ........ 1

1970 PROCEEDINGS.

Judgment of the United States District Court for the

Central District of California, entered 23 January 1970 3

Defendants’ Submission of Plan for the Integration of the

Pasadena Unified School District, filed 18 February 1970 6

Defendants’ Submission of Amendment to Plan for the In-

tegration of the Pasadena Unified School District, filed

SE BU on 56 050k 6 cnt enns oc 6escedencescc 58

Order Approving Defendants’ Plan for Integration, entered

OD BS TP ob ot dn deeccecreecccsccsesvees 96

Findings of Fact and Conclusions of Law, filed 12 March

SE oo en ddeccunae aetna easeksessneneedenees 97

Stipulation and Order, filed and entered 31 August 1970.. 134

SOD TI oo icc cc cece vce rccsenetdsesvecscess 137

Exhibit 1-C. Research Report on Racial and Ethnic

Distribution of Enrollment, October, 1968 ...... 137

Exhibit 10-L. Map showing Plan A Transfer Zone... 150

Exhibit 10-M. Map showing High School Transfers

¢ 3 2, PPT TTTTiTr irre rire ree 151

Exhibit 11-O(a). Plan for Geographic and Controlled

Open Districting with Three High Schools, 7 May

PPP Trrer erry Tre rre TTT TTT Te 153

Exhibit 11-O(b). Excerpts from Minutes of Meeting

of Pasadena City Board of Education, 11 June

BD cc cedcccenauncess scene ecsentsesenss 155

Exhibit 11-O(c). Research Report on Senior High

Selected Open District, December, 1967 ........ 165

Exhibit 11-O(d). Research Report on Senior High

School Open District Students Volunteered, Man-

dated, or Assigned, 26 June 1968 ............ 167

Exhibit 11-O(e). Excerpts from Minutes of Meeting

of Pasadena City Board of Education, 15 June

ED vc kccuucucedbonesd¥cennntenseeeuees 173

Exhibit 11-O(f). Geographic and Controlled Open

Districting Information Sheet, 15 June 1965 .... 181

iii

Exhibit 11-U(a). Minutes of Special Meeting of Spe-

cial Meeting of the Pasadena City Board of Edu-

SE 6 50 06'0406ddnbncedecsces 183

Exhibit 15. Excerpts from Minutes of Meeting Pasa-

dena City Board of Education, 19 March 1968... 191

Exhibit 16. Research Report on Elementary Selected

Open District, 12 October 1966 .............. 193

Exhibit 35. Open Transfer Policy Statement of Pasa-

dena City Board of Education ................ 196

Exhibit 42(b). Intra-District Annual Report, 1968-

DEY Gta bene UNE NGtnbh e400 6nseedeseeesces 197

Exhibit 68(e). Report on Open District Junior High

School Students Attending Marshall Junior High

8 Pee 198

Exhibit 68E(c). Geographic and Controlled Open

Districting Information Sheet, 11 June 1964 .... 201

Exhibit PA-VI. Memorandum on Effect of Senior

High School Selected Open District on Ethnic Dis-

tribution, 2 January 1969 ................... 209

Transcript of Proceedings, 7 January 1970 ............ 217

Direct Examination of Paul B. Salmon ............ 217

Transcript of Proceedings, 8 January 1970 ............ 221

Direct Examination of Ralph Hornbeck ............ 221

Transcript of Proceedings, 13 January 1970 ........... 222

Direct Examination of LaVerne LaMotte ........... 222

Transcript of Proceedings, 14 January 1970 ........... 224

Direct Examination of John Welsh ................ 224

Transcript of Proceedings, 16 January 1970 ........... 225

Direct Examination of Robert Jenkins ............. 225

Direct Examination of James Stivers ............... 227

1974 PROCEEDINGS.

Notice of Motion and Motion by Pasadena City Board of

Education for (1) Relief from the Court’s Judgment,

(2) Dissolution of the Court’s Injunction, (3) Termina-

tion of the Court’s Continuing Supervision Over the

Actions of the Board, and (4) Alternatively, for Modi-

fication of Plan for Integration Dated 18 February 1970,

filed 15 January 19746 ...ccccccccesescessssseeee 232

Affidavits of Ramon C. Cortines and Henry Marcheschi,

with Attached Exhibits, filed 15 January 1974 ....... 234

Supplement to the Memorandum of Points and Authorities

in Support of the Preliminary Response of the United

States, filed 28 January 1974 ........ccccccececes 247

Affidavit of James E. Spangler, Jr., 19 February 1974.... 259

Affidavit of Samuel C. Sheats, filed 23 February 1974.... 264

Trial Stipulation, filed 25 February 1974 ............. 268

Transcript of Proceedings, 1 March 1974 ............. 270

Argument of Counsel ..........2-scccccccsees 270

1974 Bubibits ... ccccccncescecsesseueee nl 271

Plaintiffs’ Exhibit I. Excerpts from Minutes of Spe-

cial Meeting of Pasadena City Board of Education,

27 January 1970 ...cccccccescsssseueeeeees 271

Plaintiffs’ Exhibit III. A handbill ................ 272

Plaintiffs’ Exhibit IV. A handbill ................ 274

Plaintiffs’ Exhibit V. A campaign newspaper ...... 278

Plaintiffs’ Exhibit X. Excerpts from Minutes of Meet-

ing of Pasadena City Board of Education, 24 April

IOTS .ccccccccscccceseseeueneeeenee 282

Plaintiffs’ Exhibit XI. A campaign letter .......... 283

Plaintiffs’ Exhibit XII. A campaign newspaper ..... 285

Plaintiffs’ Exhibit XIII. A handbill .............. 286

Plaintiffs’ Exhibit XIV. Statement of Qualifications of

Candidate Richard Vetterli, 6 March 1973 ...... 290

Plaintiffs’ Exhibit XV. Statement of Qualifications of

Candidate Lyman Newton, 6 March 1973. ...... 292

Plaintiffs’ Exhibit XVI. Statement of Qualifications of

Candidate Henry S. Myers, Jr., 6 March 1973 .... 294

Plaintiffs’ Exhibit XVII. Campaign “Vote-O-Gram”,

EEE EES EE 296

Plaintiffs Exhibit XVIII. Excerpts from Minutes of

Meeting of Pasadena City Board of Education,

TT cee ke6btedeseevesceseses 297

Plaintiffs’ Exhibit XX. Excerpts from Minutes of

Meeting of Pasadena City Board of Education, 10

DEUS CCbEESheeseeeeccecoeccecccecs 317

United States’ Exhibit 2. Excerpts from Minutes of

Meeting of Pasadena City Board of Education, 27

i Sobers denebacdecececececsss 323

United States’ Exhibit 3. Table of Student Assignments

on the Basis of Living Within % Mile of a K-6

Tere ee besebeeveecceceecceces 329

United States’ Exhibit 4. Excerpts from Minutes of

Meeting of Pasadena City Board of Education, 20

UCPC h ee akeb bs ceeeeccoecoesvees 330

United States’ Exhibit 5. Excerpts from Minutes of

Meeting of Pasadena City Board of Education, 23

DTT Seeeeeeccseesecceesscecece 331

United States’ Exhibit 7. Excerpts from Minutes of

Meeting of Pasadena City Board of Education, 9

EE Seepécecesoeccets uve ees ++. 340

United States’ Exhibit 8. A Brochure on “Some New

and Unique Programs Offered by the Pasadena

i ” ceccbeedcececceseces 341

United States’ Exhibit 11. Excerpts from a Report on

Enrollments and Ethnic Distribution, 1 November

DOUEE. Sencheesecnseundscuskendeaensdennes 347

United States’ Exhibit 13. Memorandum from Ramon

C. Cortines on Evaluation of Plans for Assignment

of Elementary School Students. .............. 349

United States’ Exhibit 14. Excerpts from Minutes of

Committee to Modify Pasadena Plan 1973, 13

Semtemat BTS. 2 oc cccccescccvcccccccoeses 355

United States’ Exhibit 15. A brochure on “Innovative

and Challenging Program Offered by the Pasadena

Pe ME sk cccddekduskeddedsacsouseoes 356

United States’ Exhibit 16. Excerpts from Minutes of

Meeting of Pasadena City Board of Education, 26

Tr TT er TT Te 376

United States’ Exhibit 17. Excerpts from Minutes of

Meeting of Pasadena City Board of Education, 11

Ra GETE. cccccscvcccccsccscccccsescoees 381

United States’ Exhibit 19. Excerpts from Memorandum

from Ralph W. Hornbeck on Suspensions, Incidents,

and Absences, 13 April 1972. ................ 384

United States’ Exhibit 23. Table Comparing Test

Scores of Various Ethnic Groups in Pasadena Ele-

i Pr rrrerrTrT TTT TT rer 389

United States’ Exhibit 26. Report on Open Enrollment

in San Bernardino, California. ................ 395

United States’ Exhibit 27. Report on Open Enrollment

in Richmond, California. ..............2505. 396

Defendants’ Exhibit E. Research Report on Racial and

Ethnic Distribution of Students Employees in Pasa-

dena Unified School District, 6 October 1972. .... 396

Defendants’ Exhibit F. Research Report on Racial and

Ethnic Distribution of Enrollments, 5 October

SPOT TrTITT Tr TTT re rT TT er 413

Vii

Defendants’ Exhibit K. Report on Decline in “Anglo-

Caucasian” Enrollment, 21 February 1974. ...... 421

Defendants’ Exhibit M. The New Pasadena Plan, Part

ET Es dun enenteneveecaetesaces 422

Defendants’ Exhibit AU. Racial and Ethnic Distribu-

tion of Students and Employees, 8 October 1971. .. 435

Opinion and Order of the United States District Court for

the Central District of California, Entered 15 May 1974. 452

Transcript of Proceedings, 25 February 1974. .......... 466

Direct Examination of Ramon C. Cortines. ....... 466

Direct Examination of Peter F. Hagen. ......... 470

Direct Examination of Henry Marcheschi. ....... 471

Cross-Examination of Henry Marcheschi. ......... 479

Redirect Examination of Henry Marcheschi. ....... 494

Examination by the Court of Henry Marcheschi. .. 495

Transcript of Proceedings, 26 February 1974. ......... 502

Examination by the Court of Henry Marcheschi. .... 502

Direct Examination of Albert Lowe. ............ 504

Cross-Examination of Albert Lowe. .............. 504

Direct Examination of Peter F. Hagen, Recalled. .... 506

Cross-Examination of Peter F. Hagen, Recalled. .... 507

Cross-Examination of Ramon C. Cortines, Recalled.. 508

Transcript of Proceedings, 28 February 1974. ......... 520

Direct Examination of David J. Armor. .......... $20

Cross-Examination of David J. Armor. ........... $23

Redirect Examination of Ramon C. Cortines, Recalled. 525

Direct Examination of Jane R. Mercer. ........... 530

Transcript of Proceedings, 1 March 1974. ............ 551

Direct Examination of Jane R. Mercer, continued. .. 551

Vili

Cross-Examination of Jane R. Mercer, ........... 560

SES, GGG cedescdcaccécdeudeces 567

suppeomontary Texbibits. .. ww ccc cece ccccccccs 570

Plaintiffs’ Exhibit VIII. The New Pasadena Plan,

Pare He, D Pemeembar BOTE. 2... cc cccccccccccs 570

Plaintiffs’ Exhibit XIX. Excerpts from Minutes of

Meeting of Pasadena City Board of Education, 15

EY UE Sb hones ceecndceéeuesiaceses 581

Defendants’ Exhibit G. Relative Balances of Racial

Enrollments, School-by-Schooi, 1970-1974. ..... 585

Defendants’ Exhibit N. Neighborhood School/Inte-

grated Zone Plan for Grades K-6, 9 January 1973.. 587

Defendants’ Exhibit AD. Table of Yearly Enrollment

in Pasadena Unified School District Showing Total

District Enrollment and Ethnic Breakdown, 1961-

SD O640N O40 Oboe ek6kons 6605040880560 600

Defendants’ Exhibit AE. Table Showing Percentages

of Anglo-Caucasian Students by Years, 3! October

PEERED Sudchbsuadesonesacéevesceesvesencene 601

Plaintiffs’ Exhibit XXI. Excerpts from Minutes of

Meeting of Pasadena City Board of Education, 31

ee ES 6066 6ddbae Sh odeccddubecendoncee 603

Defendants’ Exhibit J. Map Showing Distribution of

Black Students Throughout Pasadena District Zones

Ps MOREE aS wicdetocucnstcacenese Rear folio

Defendants’ Exhibit X. Map Showing Distribution of

White Students Throughout Pasadena District Zones

Pi GUE Sea ccteessctececececes Rear folio

JOINT APPENDIX.

CHRONOLOGICAL LIST OF RELEVANT

DOCKET ENTRIES.

August 28, 1968. Plaintiffs’ original complaint filed in the

United States District Court for the Central District of

California.

October 8, 1968. Plaintiffs’ first amended complaint filed.

November 19, 1968. United States of America, as plaintiff-

intervenor, filed motion to intervene and to add parties

defendant.

December 6, 1968. Order entered granting motion of United

States of America to intervene.

February 12, 1969. Defendants filed answer to plaintiffs’ first

amended complaint and answer to complaint in inter-

vention.

January 6, 1970—January 20, 1970. Trial held before the

United States District Court for the Central District of

California. (Nine days).

January 23, 1970. Judgment and order entered in favor of

plaintiff-intervenor and plaintiffs, and against defendants.

February 18, 1970. Defendants filed submission of plan.

March 2, 1970. Defendants filed submission of amendment to

plan.

March 10, 1970. Order entered approving defendants’ plan for

integration.

March 12, 1970. Findings of fact and conclusions of law filed.

August 21, 1970. Defendants filed alternative plan for re-

organization of secondary schools.

August 31, 1970. Stipulation and order filed and entered im-

plementing defendants’ alternative plan for reorganization

of secondary schools.

January 13, 1974. Defendants filed motion for (1) relief from

court’s judgment, (2) dissolution of court’s injunction, (3)

termination of court’s continuing supervision over the Pasa-

dena City Board of Education, and, alternatively (4) modi-

fication of the plan of integration submitted February 18,

1970.

February 25, 1974. Trial stipulation filed.

February 25, 1974—March 1, 1974. Hearings held before the

United States District Court for the Central District of

California. (Four days).

March 1, 1974. Defendants’ motion for relief, dissolution, termi-

nation, and modification denied.

May 3, 1974. Court's opinion and order denying defendants’

motion, deemed by the court to constitute its findings of

fact and conclusions of law, filed. Judgment entered as of

May 2, 1974.

May 9, 1974. Defendants’ notice of appeal filed.

June 13, 1974. Defendants’ amended notice of appeal filed.

May 5, 1975. Opinion of the United States Court of Appeals

for the North Circuit filed.

JUDGMENT OF THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA.

Entered 23 January 1970.

In accordance with the Findings of Fact and Conclusions of

Law filed herein:

IT is ORDERED, ADJUDGED, AND DECREED that the defend-

ants, Pasadena City Board of Education, Mrs. LuVerne La-

Motte, Albert C. Lowe, Bradford C. Houser, John T. Welsh, and

Joseph J. Engholm, as members of the Pasadena City Board of

Education, and Ralph W. Hornbeck, as Superintendent of

Schools for the Pasadena Unified School District, and each of

them, their agents, officers, employees, successors, and all per-

sons acting in concert or participation with them are enjoined

from discriminating on the basis of race in the operation of the

Pasadena Unified School District.

IT is FURTHER ORDERED, ADJUDGED AND DECREED that the

above-named defendants, and each of them, their agents, offi-

cers, employees, successors, and all persons acting in concert

or participation with them are enjoined from failing to pre-

pare and adopt a plan to correct racial imbalance at all levels

in the Pasadena Unified School District. Defendants are to

submit that plan to the Court by February 16, 1970. The plan

shall include programs for the assignment, hiring, and promo-

tion of teachers and other professional staff members in such a

manner as to reduce racial segregation throughout the District.

The plan shall include procedures to be followed and goals to

be attained in connection with the location and construction of

facilities, both permanent and transportable, that will reduce

racial segregation in the District. The plan shall provide for

student assignments in such a manner that, by or before the

beginning of the school year that commences in September of

1970 there shall be no school in the District, elementary or

junior high or senior high school, with a majority of any

minority students. The plan shall indicate specifically the ex-

pected enrollment by race, at each school in the District at the

time the plan is implemented.

The Court retains jurisdiction of this cause in order to con-

tinue to observe and evaluate the plans and the execution of

the plans of the Pasadena Unified School District in regard to

the hiring, promotion, and assignment of teachers and profes-

sional staff members, the construction and location of facilities,

and the assignment of students.

Claim for attorneys’ fees made on behalf of the plaintiffs is

denied.

Plaintiffs’ costs are taxed against the defendants, and each of

them, in the amount of $... :

Plaintiff-intervenor’s costs are taxed against the defendants,

and each of them, in the amount of $..._....

ORDERED: This 22 day of January, 1970.

/s/ MANUEL L. REAL,

United States District Judge.

DEFENDANTS’ SUBMISSION OF PLAN.

Filed 18 February 1970.

In accordance with the judgment and order of this Court

entered January 23, 1970, defendant Pasadena City Board of

Education hereby files with and submits to this Court its “Plan

for Integration of the Pasadena Unified School District”, at-

tached hereto as Exhibit “A” and incorporated herein by refer-

ence.

Dated: February 18, 1970.

POLLOCK, PALMER & METZLER,

JOHN P. POLLOCK,

JOHN ANDREW MILLER,

By /s/ JOHN ANDREW MILLER,

John Andrew Miller,

Attorneys for Defendants.

PLAN FOR THE INTEGRATION

OF THE

PASADENA UNIFIED SCHOOL DISTRICT

Pasadena Unified School District

Pasadena, California

February 18, 1970

TABLE OF CONTENTS

Part I—Student Assignment

Daten ea .onccccc cece ecesecsoesseececces 1

Elementary Schools ........----eeeeeeeeeeeees 3

8 oh cbb eee enakeesseensseenenes 3

err rrr errr rs tse 3

og ce ceccesevecennsenvessesess 4

Be OP TT gg ccc cccccencccesaseueeces 6

Map ..... 2c ccccccccscccccccesss 7,8

Deen TF” TR ooo cc cccccceccesescenesses 9

Map .....cccccccccececccccces 10, 11

i ES TE nnn cc bhesecrseeseveceteseen 12

Map ......ccccccccccccccceees 13, 14

Men ME TP onc ccodsccccccsesessaveses 15

Map .....ccccccscccccccccccees 16, 17

Junior High Schools .......-.-+0+eeeeeeeeeees 18

te | PPP Prreerrrerecrirrrer iis. 18

Estimated Enrollments ..........--+++e08: 18

Se SE ED ni 44400460000%854< 000% 20

Pe ee OED 9 Ov-6.0-00.0-046 00000 cece 20

a eee 21

Estimated Enrollments ................... 21

BE ROa eka 6c 5c h45h bee ab aeae deinen cds 22

Sibling, Transfer and Senior Policies ............ 23

EN 654. 0d ghd KGa sac eeanauveuncueceeens 25

Rehabilitation and/or Construction of Elemen-

EE G45 606504084 Kd ckd eb eedeens 25

High School Education Park .............. 25

EEE “AS auNceawaeds chacwicusseeevedes 28

EY Soins base neuhoneekasbedea ace 28

EE Sst WelvnvasKedesteoucdeciiccen 33

WEE buebsveneddeunsiecéovescdeues 34

er ere 34

Part II—Plan for Assignment, Hiring and Promotion of

Teachers and Administrators

ED uh Shiba Gedubade nWtsccdeda'des's 36

Elementary School Teacher Assignment .......... 37

Junior High School Teacher Assignment .......... 38

Senior High School Teacher Assignment .......... 39

tie hana ohne hae oe OS Shas. Guus 40

PS 6-6 ound edene duds belbeeeeen abs 44

Recruitment and Selection of Administrators ...... 45

SS vvcatcceetedescdanedsnaenes 47

Assignment of Substitutes ..................05. 48

Part I.

STUDENT ASSIGNMENT.

Introduction.

Ethnic imbalance in certain schools of the Pasadena Unified

School District has increased in recent years. In 1963, neigh-

boring La Canada withdrew from the Pasadena school district,

resulting in the loss of more than 600 Anglo-Caucasian students

from John Muir High School.

In the past seven years, the main factor contributing to the

increase of Negro students in certain schools has been the im-

migration of large numbers of Negroes in certain housing areas

of the Pasadena school district, and the emigration of Anglo-

Caucasians.

In the seven years from May 1962 to October 1969, the total

Negro enrollment in the schools increased from 5,252 to 9,173,

a net gain of 3,921 students, while the percentage rose from

17.3% to 30.0%, an increase of 12.7% of the total enrollment.

The number of Anglo-Caucasian pupils decreased from 22,463

to 17,859 during this same period, a drop of 4,604 students.

The percentage declined from 73.8% to 58.3%, or a decrease

of 15.5% of the total enrollment. “Others” (Oriental, Spanish-

surname, et al) increased from 2,703 to 3,590, a net gain of

887, while the percentage rose from 8.9% to 11.7% of the

total enrollment.

Over the years, the Board of Education has taken steps de-

signed to gain better ethnic balance. In September, 1969, the

superintendent commissioned a Master Planning Committee to

develop a plan to assure an educational environment in each

school conducive to equal educational opportunities for all

pupils, which would provide more comprehensive and integrated

education at all levels, and could be implemented without

passage of a bond election.

—

In December, 1969, the Board of Education amended the

By-Laws and Policies of the Board of Education to include the

following: “. .. it is the policy of the Pasadena City Board of

Education to provide integrated education a‘ all levels.”

The plan to integrate the Pasadena Unified School District

at all levels presented here meets the specifications of Federal

District Court Judge Manuel Real in his decision of January

20, 1970. This plan represents the work and thinking of the

Pasadena City Board of Fducation, the superintendent, and the

staff under his direction. The diligent efforts of the State De-

partment of Education’s Bureau of Intergroup Relations have

been of great help as has the work of so many Pasadena princi-

pals and teachers. All available information has been con-

sidered in the development of this plan. The changes included

will not only facilitate integration, but will move the district

in the direction of greater quality education.

As additional information is obtained, it may be necessary

to make minor modifications and adjustments.

ELEMENTARY SCHOOLS.

Criteria

The district plan to integrate the elementary school is predi-

cated on the following criteria:

1. All schools should have populations that are as similar

as possible to the ethnic make-up of the entire district.

2. Neighborhoods should be maintained so that, essen-

tially, children will walk to a nearby school for part of

their elementary schooling and be transported as a

neighborhood to another school for the balance.

3. The shortest traveling distances to effect integration

should be used.

4. Optimum use should be made of existing facilities.

5. Population trends and future mobility should be taken

into consideration in building a plan for permanence.

Plan

The Pasadena Unified School District will be divided into

four ethnically balanced areas. Schools within each area will

be designated either primary or upper grade schools. Within

each area students will be assigned to primary and upper grade

schools in such a way as to develop an ethnic balance in each

school. Students will walk to a nearby school for part of their

elementary schooling and be transported with students in their

neighborhoods to another school to provide ethnic balance. The

estimated result of such a plan is indicated on the charts which

follow. The charts show which schools within each area are

designated primary and upper grade, the estimated enrollment

of each school, and the estimated ethnic distribution percentages.

onions

Rationale

The entire Pasadena Unified School District will be divided

into four areas—A, B, C, D, extending east to west across

the city. The decision to divide from east to west was made

because the minority population is moving east.

If this population continues to move eastward, the ethnic

balance that has been achieved in these areas will be maintained

for several years. Each year the areas will be reviewed to assure

that the ethnic balance is maintained.

Within each area the district will maintain individual school

zones. A child will be assigned to either primary school or

upper grade school according to grade level and zones.

The reorganization of elementary schools into primary schools

(K-3) and upper schools (4-6) will provide specialization which

is important to guarantee improvement in basic skills. Research

indicates that some type of primary unit is presently being used

by 18% of the public schools in the United States. Pasadena’s

K-6 elementary schools have usually been divided into two

groups—lower and upper grades—and it now seems appropriate

that the entire district be divided into primary and upper.

It should be noted that Arroyo Seco and Roosevelt school

facilities are not included in these plans for the following

reasons:

Arroyo Seco—The decision on the reconstruction of this

school is pending, awaiting an appraisal report on and

consideration of the feasibility of sale of Garfield School.

Roosevelt—The specially equipped school currently serves

physically and severely mentally handicapped youngsters

from the entire district.

——_

Linda Clev larpi

Washington

e Longfellow '

‘

@ Madison

Le efferson

AREA 1)

San Rafael

McKinley

Garfield _@

Arroyo "all

eco Allendale

=~)

Burbank

AREA BC |

Webster Benita

r) on

AREA C

amilton

Willard

Sterra.: Sierra

Madre Mesa

THE FOUR AREA®?LAN

Estimated 1969-70 Fourth School

Ethnic Distribution (Per cent) Enrollment Month Enroll. Gr. 1-6

1970-71 1970-71

Anglo- Spanish Fithnic Distrib,

AREA "A" Cauc. Negro Sur. Orient. | Other % C&O %o N

Grades Kindergarten - Three

AUDUBON - Primary School 53.6 35.0 7.8 2.6 1.0 704 584 34 66

NOYES - Primary School 58.2 32.8 5.5 2.3 1,2 429 315 99 ]

SIERRA MADRE - Primary School 54.4 35.6 6.3 2.7 1,0 650 543 100 0

SIERRA MESA - Primary School 49.3 35.0 12.3 2.4 1.0 565 438 100 0

Grades Four - Six

ALTADENA - Upper Grade School 54.7 31,0 10.3 2.4 1.3 722 834 71 29

EDISON - Upper Grade School 56.8 33.9 4.4 2.6 1,0 568 631 39 61

LOMA ALTA - Upper Grade School 55.2 34.4 8.2 1.5 oS 633 554 75 25

Franklin

HATTA

Jackson °

Washington

eo — Webster’

a) 6 a

Linda Cleveland

Vista

e e

Madison Hale

Lincoln _2 AREA A GRADES K-3

Jefferson

\ | | Students attend Audubon.

gr’ Garfield McKinley Hemihon P (TIMIITT] Students attend Noyes '

4 e

5 ° ° | Willard P2ZZZZAStudents attend Sierra Mesa

2 [7 _-s¥7,] Students attend Sierra Madre

\ San Rafael

} 9

Arroyo

Up Allendale

_ Kn.

Audubo

~- Noyes

(’ © e

5 =‘ Franklin i A

f e ‘%))6Burbank

Jackson ; ®

Washington

? Longfellow Webster

° e e

Linda Cleveland

Vista

‘) °

, Madtson : Hale

Lincoln Jefferson

McKinley Hamilton

Garfield e ¢

~ 7 =

San Rafael

. Ar fo¥o. Allendale

”

a NX.

rey

Don |

., Benita

6 _ * ,

Field er: a

AREA A GRADES 4-6

f | Students attend Loma Alta

Willard (fT ~SNy Students attend Edison

Bere Students attend Altadena

AREA "B"

Grades Kindergarten - Three

BURBANK - Primary School

DON BENITO - Primary School

FRANKLIN - Primary School

WEBSTER - Primary School

Grades Four - Six

FIELD - Upper School

LONGFELLOW - Upper School

WASHINGTON - Upper School

Estimated 1969-70 Fourth School

Ethnic Distribution (Per cent) Enrollment Month Enroll. Gr. 1-6

1970-71

Anglo - Spanish Ethnic Distrib.

Cauc. Negro Sur. Orient.| Other %CRKRO |] WN

56.3 34.0 8.3 1.5 ) 618 535 98 2

57.4 34,0 Vea i | 3 741 539 95 5

49.1 37.9 10.6 ev > 700 609 18 82

61.6 33.9 2.2 ioe 4 792 678 93 7

} 56.6 35.6 5.2 1.9 5 664 541 98 2

| 55.8 31.8 8.9 2.7 .7 784 1129 89 11

59.3 36.1 2.6 1.6 4 681 1144 9 91

Loma Alta _

: | sry 7

Edison said

Altadena :

ad ' Burbank

ZA. Ak f | |

Ze dteits

. Oot, | \\ | Wy Sierra Sterra

Linda : | Madre Mesa

VUsta | ? w

scien Jefferson AREA B GRADES K-3-

McKinley Hamilton A [_——|Studente ‘attend Burbank

— @ . Ysere W727/7/\Students attend Don Benito

Pp”. -:\Students attend Webster

MilMl|! Students attend Franklin

San Rafael

: Arro

“ty 7, SECO Allendale

= Tati. ceneseanaill

“~ nina! AA

Loina Alta

Audubon

° . &

Edison

Jackson

wating

nit a Y

r) ee

-Linda Ck iit

Nista

r.)

Madison

Lincoln

Jefferson GRADES 4-6

McKinle Hamilton C]_ Students attend Longfellow

$ ay all ” ° (ITTITi] Students attend Field

} nd © . <5

4 San Rafael -, LZ77F7A Students attend Washington

‘% Arroyo ; :

er Sere Allendale

o Rensctinetine. pt

— Naen,

Estimated 1969-70 Fourth School

Ethnic Distribution (Per cent) Enrollment Month Enroll. Gr. 1-6

1970-71 1970-71

Anglo.- Spanish Ethnic Distrib.

AREA "C" Cauc. Negro Sur. Orient. | Other Yo C&O Yo N

Grades Kindergarten - Three

HAMILTON - Primary School 47.1 30.6 17.7 2.1 2.3 846 596 99 l

JEFFERSON - Primary School 47.7 23.7 22.6 3,1 2.7 769 857 94 6

WILLARD - Primary School 53.8 36.8 7.7 1,0 .6 891 824 100 0

Grades Four - Six

HALE - Upper School 52.7 33.3 10.6 1,7 1,7 480 545 90 10

LINCOLN - Upper School 53.6 | 30.6 14,1 9 .6 663 797 19 81

MADISON - Upper School 51.7 25.6 18,3 1.2 3.0 557 855 37 63

Mn VO. 1a An

Loma Alta

Audubon

® eo

Edison Noyes

. s

doreane Altadena

s Mr ae ‘

° Burbank

Jackson e

‘a 3 Don

Washington Longfellow Webster Powe dl :

° ‘ . e > 2 tin

Linda Clevelanay re Mesa

Vista — e e

Pteld »

SS AREA C. GRADES K-3

a, fee SAAN -

LLNK = ~| Students attend Jefferson

‘LON Willard a ;

San Rafael t Li NEARS =~” "| Students attend Hamilton

Allendale .

~~ Vy. ~. NWN AN

Loma Alta ny

Audubon 1

Edison Noyes

e e

Franklin | Altadena

" e Burbank

Jackson °

Washingt

‘Longfellow Webster Bert

- o e e ad gterra + tg

Mesa

Linda Cleve Sr | | e e

AREA C GRADES 4-6

[—___} Students attend Hale

McKinley lfsy CUTE

‘ = , mat GNM VZZZZzA Students’ attend Lincoln

San Rafael 3 POM EG (772.1 Students attend Madison

° - : «ft

AsEeye Allendale ;

Estimated 1969-70 Fourth School

Ethnic Distribution (Per cent) Enrollment Month Enroll. Gr. 1-6

1970-71 1970-71

Anglo - Spanish Ethnic Distrib.

AREA "Dp" _ Cauc. Negro Sur. | Orient. | Other % C&O} % N

Grades Kindergarten - Three

ALLENDALE - Primary School 47.7 35.7 10,0 5.5 9 507 432 99 ]

ARROYO-GARFIELD-Primary Sch.}| 43.8 23.5 30.8 .6 1,0 301 356 86 14

LINDA VISTA - Primary School 56.3 33.9 - 1.8 1.0 oS 174 176 99 l

*McKINLEY - Primary School 54.2 14,9 22.4 3.4 FY 214 209 88 12

SAN RAFAEL - Primary School 60.4 33.9 2.9 2.6 .0 339 404 99 l

Grades Four - Six

JACKSON - Upper School 48.6 28.7 16.4 5.0 1,2 734 654 16 84

CLEVELAND - Upper School 59.5 35.8 1,8 2.4 2 443 513 5 95

*This school property is under

consideration for future sale,

Loma Alta

Audubon

- +

Edison INbyes

° 7

Franklin

Altadena

ad Burbank

= .

Madison Hale.

Lincoln °

a a

A ae , Pe. “ied fed. aoe ‘\. ;

Shee SLES, ae Y -

LY, o Cafe Mong Ms " ore

ay Garfield’ a) “A ;

AS b os al cs

' Atroyo 7” rae -

E OY" Allendale

aa ye

ttt |,

enon to

Field)

AREA D GRADES K-3

° '

WUlard ae | Students attend Linda Vista

Mmm Ti Students attend San Rafael

Vee: ‘| Students attend Garfield

_—-eS

w= “<i: | Students attend Allendale

4. } Students attend McKinley

“

N\_ issdtiuiaiy NAA NN

Loma ‘Alta

Audubon

+ e —

Edison Noyes '

bad -

F li

hntaga Altadena

. Burbank

‘] Washington Don

- Longfellow Webster ‘Benito

@ o * ierra ST erra

e adre

Linda Cleveland

Vista x3

. e »

e Madison Hale .. Field?

we : Jefferson AREA D GRADES 4-6

Garfield | Ye. 7 - Se

LD - Lhe?

[__] Students attend Cleveland

)

Willard WALZ Students attend Jackson

a ca

JUNIOR HIGH SCHOOLS.

Phase 1

Implementation of integrated junior high schools will take

place in September 1970 as indicated on the enclosed map.

Under this plan, the district will include four intermediate

schools serving grades 7-8 on the present Eliot, McKinley,

Washington, and Wilson campuses, and one school serving the

ninth grade at the present Marshall campus. The ninth graders

will have the advantages of an expanded elective program

utilizing the facilities on both the Marshall and, to a limited

degree, the Pasadena High School sites. (PHS is approximately

one mile away and a shuttle bus service would facilitate this

program).

| Phase Il

McKinley Junior High School will move to the present Blair

site when funds are available through the sale of property to

build a new Blair high school at the high school educational

park site. Because of the increased student capacity at the Blair

site, it would be possible to re-district students numerically to

better utilize space in the four junior high schools at this time.

Junior High School boundaries may need to be changed from

time to time to continue ethnic balance as established in

September 1970.

The Junior High School Estimated Enrollment for 1970 is as

follows:

School Caucasian % Negro % Other % _ Total

McKinley 661 53.4 356 28.7 222 17.9 1239

Wilson 679 56.0 358 296 174 144 1211

Eliot 726 S585 405 32.6 110 89 1241

Washington 553 598 304 329 68 7.3 925

Total 2619 56.7 1423 30.8 574 12.5 4616

9th Grade at Marshall Junior High School=2,276

awifiuen

Washington

~~ owrm+ +: as

et lO EE

Mershall

McKinley

can

oe ee Oe

sat’ ide ~os Ap

————— ee ~=-

ee ee

Wilson

nee

Junior High Schools, 7th and 8th Grades

9th Grade at Marshall

—

SENIOR HIGH SCHOOLS.

Phase |

In September 1970, the incoming 10th grade class at each

senior high school will be ethnically balanced. The size of the

classes will be adjusted to be more comparable than at present,

with the idea in mind that each 10th grade class will have the

same ethnic and numeric composition when the high school

educational park is implemented. New district lines will be

drawn to accomplish this. The boundaries will be drawn so that

there will be no Open District henceforth.

Phase Il

John Muir High School will be moved to the area of PHS

as funds are available through the sale of property.

Phase Ill

Blair High School will be moved to the area north of PHS

as funds are available through the sale of property.

Phases II and III could be implemented at the same time if

funds are available. The completed high school educational park

in the present Pasadena High School—Victory Park area will be

a combination of three individual high schools and the 9th grade

school on the Marshall Junior High School site. Students will

have equal opportunities on the high school level. Each of the

three high schools will be numerically and ethnically balanced.

The placement of the three high schools at one site will allow

students and staffs to share some facilities and programs while

continuing with others independently. Facilities can be developed

at the high schoo! educational park for joint use which would be

financially impossible to duplicate on various campuses.

OO ree ee ee

Foothill High School

Foothill High School has not been included in these plans

because of its unique nature. This is the continuation high school

in the Pasadena Unified School District. Students are assigned

to this school during the school year when it is seen that they are

not making satisfactory adjustment, for various reasons, in their

regular school. As a result, there is a continual change in the

composition of the student body and a significant fluctuation in

the enrollment. Enrollment might increase from 150 to 400

students within a month.

The Senior High School Estimate Enrollment for 1970 is

as follows:

School Caucasian % Negro % Other % Total

Blair-10th 377 57.6 156 23.8 122 18.6 655

ith 276 548 139 276 89 17.6 504

12th 297 58.7 118 23.3 91 18.0 506

Total 950 57.1 413 24.8 302 18.1 1665

Muir-10th 453 62.5 210 29.0 62 8.5 725

lith 368 47.2 292 37.4 120 15.4 780

12th 319 49.7 229 35.7 94 146 642

Total 1140 53.1 731 34.0 276 12.9 2147

PHS 10th 563 61.5 274 29.9 79 8.6 916

lith 822 77.9 162 15.3 72 6.8 1056

12th =971 83.8 128 11.1 59 5.1 1158

Total 2,356 75.3 564 18.0 210 6.7 3130

Total 4.446 64.0 1,708 24.6 788 11.4 6942

Senior High School Zones

SIBLING, TRANSFER PERMIT, AND SENIOR POLICIES.

Sibling Policy

Present policy of the Board of Education provides the

following:

When attendance zones are changed which would require

the younger child of a family to attend a different school

than the one his older brother/sister attends, then the

following choices are available to the family:

. 1. The younger child may enroll at the school his older

brother/sister attend, or enroll in the school located

in his new residence-attendance zone.

2. The older brother/sister may remain at his school of

last attendance, or enroll in the school located in his

new residence-attendance zone.

The above policy shall not be continued.

Transfer Permit Policy

Present policy of the Board of Education provides the

following:

At all grade levels, approval of transfer permit requests

are considered in hardship cases involving family circum-

stances, and/or medical, safety, psychological, or cur-

riculum considerations.

In addition to the above, approval of private child care and

children center transfer permit requests shall be considered

at the elementary level.

The above policy shall be continued with added emphasis on

screening and careful review of each request in order to ascertain

that approval is warranted in urgent and valid cases only.

_-= )

Senior Policy

Present policy of the Board of Education shall be extended as

follows:

1. Present kindergarten, 1st and 2nd grade pupils now

enrolled at a school under Plan VI or under the Open

Transfer Policy, shall be permitted to continue at their

school of attendance, providing that this school is

established as a primary grade school. However, if the

school of their present attendance is changed to an

upper grade school, they shall attend the school estab-

lished as their primary grade school.

2. Present 4th and Sth grade pupils now enrolled at a

school under Plan VI or under the Open Transfer

Policy, shall be permitted to continue at their school

of attendance, providing that this school is established

as an upper grade school. However, if the school of

their present attendance is changed to a primary school,

they shall attend the scnool established as their upper

grade school.

3. Present 10th and 11th grade students now enrolled at a

school under the Geographic and Controlled Selected

Open District Policy or under the Open Transfer Policy,

shall be permitted to continue at their school of

attendance.

Plan VI, the Open Transfer Policy, and the Geographic and

Controlled selected Open District were insiituted in order to

improve ethnic distribution of students among the schools of all

grade levels. subject to space availability of the individual

schools.

CONSTRUCTION.

Rehabilitation and/or Construction of Elementary Schools to

Meet Field Act Standards

Schools involved are Burbank, Edison, Jefferson, Linda Vista

and Sierra Madre.

Background—Engineering drawings for the possible struc-

tural rehabilitation of all five schools are in progress. The

District is now considering these alternates:

1. Rehabilitating (making the buildings structurally safe

to meet the Field Act standards only).

2. Demolition and replacement with relocatable class-

rooms.

3. New construction, using the 1967 bond funds allo-

cated, to build new administrative and classroom areas

to the extent the allotted funds would allow and to

maintain the balance of classrooms required in the

relocatable classrooms now on the sites.

Whichever alternative is ultimately chosen, it will have little

effect upon the ethnic composition of the elementary schools

involved because adjustments in attendance zones will be made,

if necessary, to insure that no school has a majority of any

minority group.

High School Education Park

Construction for the high school educational park will take

part in two phases.

Minimum Costs: Phase I $ 9,200,000

Phase II 3.500.000

. $12,700,000

Renovation of

Washington Jr. High 500,000

$13,200,000

This total is based upon Davis, MacConnell & Ralston’s study

of 1968. Added to their costs is a 6% per year inflation factor.

—25—

The $12,700,000 construction estimate should be considered

the very minimum that would be needed.

In the present estimates for construction and renovation, it

should be considered that it would take approximately nine

months for planning, another nine months for architects’ plans

and bidding, and 24 months for construction. The 3% years

should be the very minimum amount, and it should be con-

sidered that it may take a time span of 3% to 7 years to reach

the ultimate goal.

Completion of Phase I would provide adequate housing to

insure a good educational program. Phase II is necessary to

meet the ultimate goal, but is not necessarily vital to the imme-

diate educational program.

Financing required for the educational park would come

from two sources. Approximately $1,000,000, which was allo-

cated for Muir rehabilitation from the 1967 bond issue, would

become available. Approximately $8,200,000 would be made

available through the sale of Muir High School, the Education

Center (to be moved to the present Washington Junior High

School site), and McKinley Elementary, Washington Junior High

School north field, unused site adjacent to Field Elementary,

unused site adjacent to Don Benito Elementary, and McKinley

Junior High (to be moved to the Blair site). It is estimated

that the sales of all properties would be consumated within a

minimum of three years, and a maximum of six years. The esti-

mates for the sale of properties is based on present zoning.

Other sources of additional funding for senior high school

educational park are being investigated. These include the

possible availability of $34,080,000 from the April, 1969 bond

wilt

issue, which received greater than a 50% vote but less than the

6634 % presently required in California. District litigation to

declare the bond issue valid on the “one man one vote”

premise will be heard by the State Supreme Court soon. Possi-

bilities of lease-sale arrangements aad joi

joint-powers agreements

are also being investigated. shes

—_—, =

RELOCATABLES.

Elementary

Space Utilization

Complete implementation of the area plan will result in the

reallocation of 42 permanent classrooms and 28 relocatable

classrooms. It will be necessary to move 19 relocatable class-

rooms to other sites to accommodate adjusted enrollments

under the area plan. The remaining classrooms will be used

to accommodate classes for Special Education, Opportunity and

ESEA programs. Attached is a detailed breakdown of the

classroom requirements at various schools.

Time Frame

The moving of the relocatables would have to take place

between the end of this school term and the beginning of the

fall term. This is an ambitious effort to complete, but it is felt

that between now and June 15 it is possible to hire an architect,

get State approval and receive bids for relocatables, as well as

“ ray approval. All that would be left would be the actual

physical movements of the relocatables. Also, preliminary elec-

trical work can be done and foundations mth between _

and the end of school. These classrooms, of course, would not

be available for the summer school program.

Costs

Move 19 relocatables at $2,750 each = $52,250

Architect Fees $ 150

OAC Fees 50

Physical Moving 1,100

Foundations 800

Utilities 650

$2,750

= =

AREA “A"

CLASSROOM

ADJUSTMENTS

i . Number

brassignes ROOMS) p loca -

BASE st. Rooms Available | Rooms | Adjust- | Available after | anhine

, nroll- Present Needed ment Adjustment ito be

SCHOOL ment . Moved

Posma~pielees- a, Perma- |Reloca- onto Site

nent tables = nent | tables |

K-3

Audubon 704 15 4 21 +2 2

: '

Noyes 429 11 13 +2 . 2

Sierra Madre 650 _4 16 20 0

Sierra Mesa 565 16 18 +2 : 2

a =

4-6 |

| Altadena 722 27 24 -3 3

; :

Edison 568 5 15. 20 0 ,

Loma Alta 633 18 2 21 +1 3 1

CLASSROOM ADJUSTMENTS

CLASSROOM

ADJUSTMENT

AREA ___ 8 7

T Unassigned [Number | _ ~Area"ch

: ‘-Reloca- —e—OOOOCO

Esti- Paneer Rooms |Adjust- ——— aiited Unassigned Room ‘Number

Base mated Suaaeet Needed | ment Adjustment — ce be | BASE Est. Rooms Available | Rooms /|Adjust- Available after ‘Reloca-

— re | Reloca- Moved Enroll- Present Needed |jment Adjustment | tables

; Se hool ato Perma-|Reloca- : oat i table onto site | SCHOOL ment ito be Movec

De ee eee en " : ; Perma- 'Reloca- Derma. Reloca- a Site

| nent tables nent | tables;

——————— — —_

| K - 3 ’ l y | j

im 8 18 +1 : a |

| 618 9

{ Burbank : i 3

22 x Hamilton !

i -" - | : 846 18 2 25 +5 t 5

° i

. . 1 0 } : Jefferson 769 10 17 2 - :

Franklin 700 15 6 ; | ; 3 ' 7 .

: 25 +3 Willard 891 30 1 28 3 >: :

i 2 : - 1 {

, . i , ' |

—a th ' > ’ ;

‘ 4-6 _| | — | 4-6 ’ , |

' +2 ° S ‘

' Field | 664 = " | : :

| oe 8.4 a ae Lo? | Hale 480 20 3 17 -6 3 | 3 3

' Longfellow 794 | i : P |

) ; -14 t 6 \ Lincoln 663 34 23 -1] ‘ ;

0 8 24 ! Se

> Washington 681 ’ : !

3 | i | |

; ' Madison 557 19 10 20 { 9

: | | —= | |

—

L 8 |

enna —

: Tea TOTALS | |

= = eae 2

_—

CLA.SROOM ADJUSTMENTS Relocatables

Secondary

Space Utilization

It is assumed that eight classrooms will be needed at

Marshall Junior High School. These will be available as

follows:

AREA a Muanhar Relocatables No. to be Moved

Unassigned School Available to Marshall

Esti Rooms Rooms] Adjust-| Rooms Available oo Washington Jr. High 2 2

sot Available Needed| ment After ta “8: Eliot 2-4 2

waae ae Present one scenes =. . d Wilson 2 0

School Move ; .

Enroll- Perma-| Reloca- onto Pasadena High School 2-6 s

ment nent__| table __|_Site | Total to be Moved g

—— Time Frame

K - 3 It is expected that these relocatables could be moved during

16 -1 l the summer of 1970.

Allendale 507 14 ; Costs

«3° 3 .

7 ; 301 13 10 It is assumed that the average cost to move a relocatable

Arroyo-Garfield , classroom will be $2,750. Therefore, the cost of moving

— 174 , 4 a +1 eight relocatables will be $22,000.

Linda Vista

— \ oe

e 2

Kinley 214 9 q ,

. 9 Li - TRANSPORTATION.

4-6 | Cost Estimates

, 443 20 15 -5 5 | The estimated expense to transport pupils is based on the

Clevelan following assumptions:

Jackson 734 19 6 25 0 1. That all pupils attending schools outside their normal

areas will ride the bus.

2. That there would be three runs each per bus, a.m., and

p.m. for elementary pupils; and two runs each per bus,

ee SE van nares are — =e ~— oa sconeary pupae.

15 l l

Totals _t

aaa

3. That the expense is based on the present contract cost

per bus.

4. That starting times are staggered.

Estimated*

Total State Re-

Cost imbursement Net Cost

Elementary Area Plan $ 485,000 $120,000 $365,000

Jr. High 9th Grade Plan 325,000 75,000 250,000

Sr. High Plan Il 220,000 15,000 205,000

$1,030,000 $210,000 $820,000

*Does not include possible federal funding.

Since the district has limited budget which is needed to con-

tinue a strong educational program, the district is investigating

various outside sources of funding for the transportation neces-

sary to implement this program, and has in mind the assurances

given repeatedly in Federal Court by Attorney Charles Qaint-

ance of the U. S. Justice Department, that funds would be made

available to provide for transportation costs to implement a

desegregation plan.

an94u=

Additional facts based on previous assumptions:

50% of elementary pupils to be transported (approximately

8000 students)

52% of junior high pupils to be transported (approximately

3600 students )

27% of senior high pupils to be transported (approximately

1900 students )

Requires 106 buses at a cost of $5,800 per day.

= ™

Part II.

PLAN FOR ASSIGNMENT, HIRING, AND PROMOTION

OF TEACHERS AND ADMINISTRATORS

Elementary School Teacher Assignment.

There are twenty-seven elementary schools with approxi-

mately 650 teachers. The annual turnover of teachers due to

resignation and retirement averages 15% resulting in approxi-

mately 100 elementary school teacher vacancies to be filled each

year.

In the interest of retaining high standards of employment and

in considering the shortage of minority teachers available, the

plan proposes to reduce the racial segregation throughout the

elementary schools as follows.

By September 1970 each elementary school will have assigned

no fewer than 15% and no more than 45% minority teachers

and no fewer than 2 minority teachers in any one school except

where the total number of teachers is less than 8 in which case

there will be at least 1 minority teacher.

By the opening of school in September 1970 we will have

increased the number of minority group teachers significantly.

Each year thereafter, a a recruiting program will be so planned

as to increase the number of each minority to more closely

approximate the racial composition of the student population.

The recruitment program as outlined elsewhere is directed

toward an active recruitment of minority groups including

Negroes, Spanish-Americans, and Orientals.

= =

Junior HIGH SCHOOL TEACHER ASSIGNMENT.

There are five junior high schools with approximately 295

teachers. The annual turnover of teachers due to resignation

and retirement averages 15% resulting in approximately 44

junior high school teacher vacancies to be filled each year. In

addition to this number, in September 1970 thirteen teachers

presently assigned to the junior high schools who were trans-

ferred September 1969 because of the senior high school reduc-

tion from six to five periods, will be returned to the senior high

school resulting in a total of approximately 57 vacancies at the

junior high school level.

In the interest of retaining high standards of employment and

in considering the shortage of minority teachers (which is even

more acute at the secondary level than at the elementary level)

the plan proposes to reduce the racial segregation throughout

the junior high schools as follows.

By September 1970 each junior high school will have assigned

no fewer than 15% and no more than 45% minority teachers.

By the opening of school in September 1970 we will have

increased the number of minority group teachers significantly.

Each year thereafter, a recruiting program will be so planned as

to increase the number of each minority to more closely approxi-

mate the racial composition of the student population.

The recruitment program as outlined in another part of this

plan is directed toward an active recruitment of minority groups

including Negroes, Spanish-Americans, and Orientals.

anfitines

SENIOR HIGH SCHOOL TEACHER ASSIGNMENT.

There are three senior high schools with approximately 263

teachers. With the restoration of the six period day the number

of teachers at the senior high school level will be increased to

approximately 307. The annual turnover of teachers due to

resignation and retirement averages 15% resulting in approxi-

mately 39 senior high school teacher vacancies to be filled each

year. In September 1970 forty-four (44) additional teachers

will be required to restore the six period day for all students

resulting in 83 teacher vacancies at the senior high school level.

Thirteen of these vacancies will be filled by junior high school

Seer, mains to Gate gestions to Go eoatee Ligh extents

resulting in a total of approximately 70 vacancies at the senior

high school level.

In the interest of retaining high standards of employment and

in considering the shortage of minority teachers (which is even

epee at the secondary level than at the elementary level)

€ plan proposes to reduce the racial segregation throu

the senior high schools as follows. _

By September 1970 each senior high school will have assigned

no fewer than 15% and no more than 45% minority teachers.

By the opening of school in September 1970 we will have in-

creased the number of minority group teachers sufficiently to

meet the goals named above. Each year thereafter, a recruiting

program will be so planned as to increase the number of each

minority to more closely approximate the racial compositi

the student population. niin

The recruitment program as outlined in another part of this

plan is directed toward an active recruitment of minority groups

including Negroes, Spanish-Americans, and Orientals.

anion

RECRUITMENT.

It is estimated that the Pasadena Unified School District will

have 100 teacher vacancies at the elementary school level and

130 vacancies at the secondary level which must be filled before

the opening of school in September 1970.

In planning the recruitment program we have selected inter-

viewing locations where minority group candidates would be

available. Assistance was requested from the district Office of

Intergroup Education and the State Department of Intergroup

Relations. The California State Department of Education publi-

cation entitled “Recruiting Minority Teachers” was used gen-

erously for reference. Conferences were held with experts in the

field of teacher recruitment. The Los Angeles County Office,

college and university placement offices, teacher association

offices (both California Teachers Association and the American

Federation of Teachers), and Association of Mexican American

Educators were contacted.

There are four phases to the program.

I. Local recruitment will include

A. An organized program of teacher referrals by

minority employees of the school district. Mem-

bers of this group will contact minority persons

with teaching credentials who live in the Pasa-

dena area who may wish to apply for positions

in Pasadena.

Inquiries by telephone and by letter from teach-

ers who wish to apply will be answered and

interviews will be scheduled.

An advisory committee composed of recently

hired minority personnel will be formed to help

recruit teachers who might be interested in a

cai

position with the Pasadena Unified School

District. Members of this committee will write

individual letters to their former colleges and

acquaintances telling of their experiences in

Pasadena concerning living conditions, climate,

employment opportunities and the educational

program. Through these contacts minority edu-

cators will be encouraged to apply for teaching

and administrative positions in the Pasadena

Unified School District.

II. Southern California recruitment will include

A. College and University placement offices. Ap-

pointments have been made for recruitment

teams to visit the following college and univer-

sity placement offices.

California State College at Los Angeles

California State College at Long Beach

California State College at Fullerton

California State College at San Bernardino

San Fernando Valley State College

California State Polytechnic College at

Pomona

University of California at Los Angeles

University of California at Irvine

University of California at Riverside

University of Redlands

University of Southern California

Pepperdine College

San Diego State College

California Western University

III. Out-of-area recruitment will include college and uni-

versity placement offices outside of Southern Cali-

fornia. Appointments have been planned for recruit-

ment teams to visit the following placement offices.

University of California, Santa Barbara

Fresno State College

University of California, Berkeley

University of San Francisco

San Francisco State College

Stanford University

_—

San Jose State College

California State College, Hayward

Sacramento State College

College of the Pacific

Northern Arizona State, Flagstaff, Arizona

Arizona State College, Tempe, Arizona

University of Arizona, Tucson, Arizona

New Mexico State, Las Cruces, N. M.

University of New Mexico, Albuquerque,

N. M.

Adams State College, Alamoso, Colorado

University of Denver, Denver, Colorado

Loretta Heights College, Denver, Colorado

University of Colorado, Boulder, Colorado

Colorado State College, Greeley, Colorado

Colorado Sate University, Fort Collins,

Colorado

North Texas State, Denton, Texas

University of Houston, Houston, Texas

Texas Southern, Houston, Texas

Louisiana State, Baton Rouge, Louisiana

Dillard, New Orleans, Louisiana

Xavier College, New Orleans, Louisiana

Tulane University, New Orleans, Louisiana

Grambling College, Grambling, Louisiana

IV. A recruitment letter outlining the teacher needs in

Pasadena for September 1970 will be sent to college

and university placement offices thoughout the Mid-

vy st and East and to candidates from whom letters of

inquiry are received in the Personnel Department.

Advertisements will be placed in large city newspapers.

Recruitment centers will be established in Chicago,

Illinois; Detroit, Michigan; Pittsburgh, Pennsylvania;

and Columbus, Ohio. ‘The establishment of additional

centers will be governed by the response to the ad-

vertising program.

Placement offices and recruitment centers will be visited by

recruitment teams under the administration of the Personnel

Department. School personnel, both teachers and administra-

tors, will serve as members of interviewing teams. Membership

will include representatives of varied ethnic and racial groups.

42.

Inservice training sessions will be held by the Personnel Depart-

ment. During these sessions team members will be instructed

in interviewing techniques and evaluation procedures. In the

inservice training sessions and in advertising materials dis-

tributed both locally and nationally, the need for additional

minority teachers will be stressed.

—\

TEACHER SELECTION.

This program of selection has been planned with a concern

for the educational welfare of the students. Although it is com-

mitted to the hiring and promotion of minority groups, there

is an equal commitment to the maintaining of high standards

of competence among all those who are employed. Anything

less than this commitment would result in irreparable damage

to the educational program of present and future generations of

students.

The decision to employ a teacher should be a committee deci-

sion (at the district and/or school level) and not the sole re-

sponsibility of an administrator, a consultant, or the Director

of Personnel. The committee members will interview candi-

dates, review applications, college transcripts, references, and

other materials submitted by the applicants.

The Personnel Department will refer candidates to individual

schools where vacancies occur. The administrator in charge of

the school will be requested to make a selection from no more

than five such referrals.

When a majority of the committee members find a candidate

unacceptable, notice will be sent to the candidate. Written

documentation must be made and kept as a part of the Personnel

Department files.

In referring teachers to schools, the Personnel Department

will be responsible for maintaining the 15%-45% range of

ethnic balance within the school district. Care will also be

given to maintaining a balance of new and experienced teachers

in each school.

_—

RECRUITMENT AND SELECTION OF ADMINISTRATORS.

There are 57 non-teaching certicated assignments in the Edu-

cation Center.

There are 76 non-teaching assignments located in the schools.

This total of 133 non-teaching certificated assignment includes

all school administrators, directors, supervisors, consultants,

counselors, school psychologists, and others who have regular

assignments outside the classroom. Of the 133 such assignments

27 are held by minority personnel, 18 of which are Negro.

Vacancies in these positions are filled from eligible lists estab-

lished by examination. At the present time the examination con-

sists of an oral interview, evaluation of training and evaluation

of experience by a committee appointed for this purpose. Every

such committee this past year has had at least one minority

group representative. Announcements for these positions are

distributed to all school personnel, to college and university

placement offices in Southern California and to a mailing list

recommended by the Department of Intergroup Education which

includes agencies and districts where minority personnel may

be available. The announcement contains the title of the posi-

tion, the minimum requirements for entrance, desirable qualifi-

cations, job duty statement, and the salary. All applicants who

meet the minimum entrance requirements are admitted to the

examination. Applicants who do not meet minimum entrance

requirements are so informed by the Personnel Department.

When vacancies occur, the top five names on the eligible list

are referred to the appointing authority for consideration. All

appointments must be approved by the Superintendent.

A positive recruitment program paralleling the teacher re-

cruitment program will actively seek out minority group ad-

ministrators, supervisors, and counselors who are interested in

employment with the Pasadena Unified School District. As a

— \

part of this recruitment program, bulletins concerning job op-

portunities will be sent to college and university placement

offices and other professional organization offices. In these

bulletins, minority candidates will be especially encouraged to

apply.

Appeal Procedure.

Candidates who are unsuccessful in their application for ad-

ministrative and other non-teaching certificated positions will

have the right of appeal. Requests for review should be ad-

dressed to the Administrative Director for Personnel and ap-

pointments will be scheduled before the Review Board hereafter

described.

—46—

REVIEW PROCEDURE.

It is hoped that any candidate who has been unsuccessful in

his application for an administrative position in the Pasadena

Unified School District would feel free to discuss the results of

his evaluation with the Administrative Director for Personnel.

However, there are occasions when the candidate wishes to go

beyond the Personnel Department and present his case to a

higher authority.

In order to provide this opportunity to candidates for promo-

tional positions, it is proposed that a special Review Board be

established. This Board will consist of:

One member appointed by the Negotiati i -

senting the whe oo division a

One member appointed by the Negotiating Council repre-

senting the secondary division

One member appointed by the Assistant Superintendent for

Elementary Education

One member appointed by the Assistant Superintendent for

Secondary Education

One member appointed by the Department of Intergroup

Education.

This Board will have a revolving membership so that at all

times at least two members of the committee are experienced.

At least two meetings of the Board will be held each semester.

Any applicant who has applied for a promotional position in

the Pasadena Unified School District and who has not been ap-

proved in the examination or by the evaluating committee will

have the right to appeal this decision. This appeal must be in

writing and addressed to the Director of Personnel who in turn

will arrange for an appointment for the candidate at the next

meeting of the Review Board. The Board will review the appli-

cation and all other materials submitted by the candidate at

time of application and will offer the opportunity for the candi-

date to appear before the Board in person.

—_— =

ASSIGNMENT OF SUBSTITUTES.

Competent substitutes are in critical shortage. They are hard

to find and hard to keep. Because of the very nature of the job,

many competent teachers prefer regular or long term assign-

ments. Replenishing the supply of substitutes is u daily necessity.

The Personnel Department urges substitute teachers to make

themselves available for all assignments.

In order to make certain that minority substitutes receive

equal consideration, all substitute cards have been identified as

to race and the substitute clerks have been instructed that sub-

stitutes will be assigned to positions regardless of the racial

composition of the school.

Recruitment of additional substitutes is difficult at best. Re-

cently a change in policy was adopted which permitted teachers

on leave to serve as day-to-day substitutes. Requests are being

made to local chapters of the PTA for former teachers now

housewives to make themselves available for substitute service.

Within the shortage of substitutes, maintaining a reasonable

standard of quality is difficult. In an effort to make certain

that unqualified teachers are not retained, principals are re-

quested to make regular reports on substitutes’ services and those

who prove unsatisfactory will be terminated.

~~ =

DEFENDANTS’ SUBMISSION OF AMENDMENT

TO PLAN.

Filed 2 March 1970.

Defendants herewith submit their amendment and modifica-

tion to the Plan for Integration dated February 18, 1970 and

heretofore submitted under date of February 18, 1970. Said

amendment and modification is attached hereto as Exhibit “A”.

Dated: March 2, 1970.

PoLLock, PALMER & METZLER,

JOHN P. POLLOCK,

JOHN ANDREW MILLER,

By /s/ JOHN P. POLLOCK,

John P. Pollock,

Attorneys for Defendants.

PLAN FOR THE INTEGRATION

OF THE

PASADENA UNIFIED SCHOOL DISTRICT

SUPPLEMENT NUMBER I

Pasadena Unified School District

Pasadena, California

February 27, 1970

PREFACE.

The Division of Elementary Education staff has reviewed the

“Plans for Integration of the Pasadena Unified School District”

as submitted to Judge Manuel Real, and found that further re-

finements should be made in areas that would:

* Reduce islands in attendance areas

* Achieve better contiguous attendance areas

* Achieve better proximity to school facilities

* Reduce the costs in implementing the plan by reducing

the number of relocatables needed

Correct clerical errors which affected ethnic count in

Area “A”

Pasadena Unified School District

Division of Elementary Education

Pasadena, California

INTER-AREA CHANGES

Area A to B

Changes Justification

Zone 7 This will make it

Blocks 5 (Change I) possible for students

to attend primary

From: Area A school across the

Schools: Primary Audubon

To: Area B

Schools: Primary Franklin

Upper Field

Zone 18

Blocks 8,9, 10,11,12 (Change Il)

From: Area A

Schools: Primary Audubon

Upper Altadena

To: Area B

Upper Loma Alta

Schools: Primary Burbank

Upper Washington

eee eceeeeereee

street from their

homes.*

This change was

made to off-set the

slight inbalance

created by the area

change listed above. *

* If a change is made

between areas, it is

necessary to change

both primary and

upper grade schools.

Changes

Pasadena Unified School District

Division of Elementary Education

Pasadena, California

INTER-AREA CHANGES

Area “B to C”

Justification

Zone 69 (Change III)

Blocks 20, 21, 22, 23, 24, 25, 26, 27, 28

From: Area B

Schools: Primary Burbank

Upper Field

To: Area C

Schools: Primary Willard

Upper Lincoln

Zone

Blocks

From: Area

Schools:

To: Area

Schools:

Zone

Blocks

From: Area

Schools:

To: Area

tet eeeececerees

oscmeee

te cecere

To make the free-

way a natural bound-

ary to the North for

the primary school

and provides a con-

tiguous attendance

area for the upper

grade Lincoln

School.

Ao - he 4 - - _—_

N A —

. cone Ate

Audubon . AREA A

]

wy ¢ F Edison | Noyes :

o | ~ rs)

Pes Altadena

me Burpank a

- jx

Jacksom i} - © A ; 8

Washington R - Don

fa Lonc fellow Webster Benito!

° <i ee, =n ae c — Sierra

h Linda Clevilar . | esa

Vista r-)

< © — 7

Y ;

\y 0 Madison tale Field

‘ Co | .

we * Jefferson “TW | THE FOUR AREA PLAN

AREA D _ AREA C

‘ . McKinley Hamilton P

Garfield 6 , Willard

6 . ae my’ os —_

San Rafael —_ ,

A 6 : Ee

ag SrR Ard Allendale

= Z

le ae “7

— ~S

‘

Pasadena Unified School District

Division of Elementary Education

Pasadena, California

Area “A”

INTRA-AREA CHANGES

Changes Justification

Zone 11 Change I Geographically the

Blocks All area is in close prox-

From: Schools: Primary olny a

Upper Edison — 7 :

ethnic balance will

To: Schools: Primary be maintained.

Upper Altadena

Zone 6 Change II The present main

Blocks 4, 5, 6, 8, 17, 18, 19, 20, 21, building at Sierra

22, 23, 24, 25 Madre is closed due

From: Schools: Primary Sierra Madre ‘© Tehabilitation and

16 relocatables pres-

Upper ently occupy play-

To: Schools: Primary Noves ground space for the

Upper K-6 present enroll-

ment of approxi-

mately 550. This

change will not ne-

cessitate the addi-

tional relocatable

classroom at Sierra

Madre.

Zone 48 Change III Because of clerical

Blocks 9, 10, 11, 15, 19 coding error, the

; oe ’ ethnic balance was

From: Schools: — Sierra Madre reported incorrectly.

This change is to

To: Schools: Primary Sierra Mesa correct the error.

Upper

66 |

een = | | | |

Blocks. ........ ” : | “ 67

From: Schools: Primary —

———————E

To: Schools: Primary ——

Upper ..... "

a "

From: Schools: Primary 2...

Upper

To: Schock: may ._._._......

Upper : pon III

7 itc pp Serta ,

WasuingtoO® ;,qgfellow Webster, or } i Mésa

¢ a i} f vil IAI —

t | C.-}

AREA A. GRADES K-S :

—) Students attend Audubor

Tu) students attend Noyes.

ra Mes&

‘te attend Sicrra S

i {Z/, Stud<é ts 3 ; dre

‘ : 5 68

| Nm AN me

Lome Alta

Washington

. ® Longfellow Wobster

2 0 ad e

Linda Cleveland

Vista .

; Madison | Hale

lo “4 . | |

Lincoln, . Jefferson

McKinley Hamilton

Gerfield ° :

9 °

San Rafael

AL ey. Allendale

‘AREA A GRADES 4-6

[__]Students attend Loma Alta

RSssg Students attend Edison

Willard

VELLA Students attend Altadena

ce - —me. . rer tee °°" - «© oe we Oo remem ee «ee «

ee.

AREA "A"

Graces Kindergarten - Three

AUDUBON - Primary School

NOYES - Primary School’

SIERRA MADRE - Primary School

SIERRA MESA - Primary School

Grades Four - Six

ALTADENA - Upper Grade School

EDISON - Upper Grade School

1.0%’. ALTA - Upper Grade School

1969-70 Fourth School

Month Enroll. Gr. 1-6

Ethnic Distrib, |

an Estimated

Ethnic Distribution (Per cent) Enrollment

1970-71 | 1970-71

Anglo- Spanish

Cauc. Negro Sur. Orient. | Other

; ’

; 53.1 38.6 ‘4.4 2.8 a 655 584

57.6 | 34,1 5.2 2.3 .8 481 315

55.2 36.0 . 55 2.4 -9 641 543

56,7 34.4 5.5 2.6 8 582 438

‘

; 4

55.9 30,7 9.6 2.4 1,4 730 834

(55.9 | 35.4 4.6 2.8 1.3 539 631

57.2 | 37.1 38] 1.7 .2 601 554

¢ ° '

PRCEO % N

34 66

99 l

100 0

71 29

39 61

75 25

Pasadena Unified School District

Division of Elementary Education

Pasadena, California

Area a

INTRA-AREA CHANGES

Changes Justification

Primary Changes were made

Zone 58 Change I in zones 28, 29, and

Blocks 3, 4, 5, 7, 8, 10, 21, 22, 23, 58 in order to make

24, 25, 26 the attendance areas

From: Schools: Primary Burbank for the Burbank and

Upper Webster schools con-

To: Schools: Primary Webster tiguous.

Upper

Zone 28 Change Il

Blocks 11, 14, 15, 20, 26, 27

From: Schools: Primary Webster

Upper

To: Schools: Primary Burbank

Upper

Zone 29 Change II

Blocks 14, 15, 22

From: Schools: Primary Webster

IIIT scciasaiminitiaininoinsintt

To: Schools: Primary Burbank

Upper

Zone 39 Change III Provide better ethnic

Blocks 28, 29 balance and permit

From: Schools: Primary more students to

Upper Field walk to school.

. ——

ane Vey,

“ 4

areas

Hale \ ie

PS,

WY yw

AREA B GRADES K-3

? .

pga om

WLZS““e* nts atte

7H Stude nts atte

TTIUMMUStudents OS"

nd Burbank

nd Don Benito

ad Webster

d Franklin

Ae te A OE ON ee

Ad Na net

Pe es

Paar batt >

ee ee eee ee cla

Saeaete he Non wo

ie | = —

: W

Loma Alta

Audubon

Altadena

- -

° Burbe¢ k fe :

wy ‘ y

“AM, , i ;

ee Lorofellow - p i

| oe Ye)

co OMDB

co iy} Hp)

| i

| | NY, fi

toa meme wek|\\\({oe

Madison aA \ it

‘, > |

Jefferson WIN |

McKinley Hamilton ;, Wasson

¢ Garfield “} | > Bao

wd ©

San Rafael

N Arroyo

Rea Seco Allendale

an ae °

— a a TT

pera Slerra

Mesa

AREA B GRADES 4-6

[____] Students attend Longfellow

TMT Students attend Field |

Students attend Washington

tee

AR FA - B"

Grades Kindergarten - Three

} BURBANK - Primary School. ‘

. .

DON BENITO - Primary School

FRANKLIN - Primary School

WEBSTER - Primary School,

Grades Four - Six

FIELD - Upper School

LONGFPELLOW - Upper School

WASHINGTON - Upper School

* .

_——_—e ee ore woe ome er wn oer

Cony eee 8 ree oe

3 Or 68 re ee eee ——— eee or oro

3 ..

1969-79 Fourth School

Month Enroll. Gr. 1-6

. Estimated

Ethnic Distribution (Per cent) Enrollment

1970-71 1970-71

Anglo - é Spanish

Caue. Negro | Sur. Orient.| Other

58.0 36,3 4,3 1.4 0 628 535

57.3 34,0 7.8 1,1 a 741 §39

48.6 38.0 10,5 2.6 _ 716 609

} 61.1 | 30.5 "* @9 12+ 23 872 678

| .

| , o

| 58.2 | 34.0 5.5 1.9] .4.: 674 ' 541

; §5.9 32.0 8,8 4.9 .6 784° 1129

* 60.0 | 35.4 2.6 1.71 .3 148 1144.

%C&O

-- ——

Whe

Pasadena Unified School District

Division of Elementary Schools

Pasadena, California

Area “C”

INTRA-AREA CHANGES

Changes Justification

Zone 41 See attached original Numerous minor

and changed maps changes were made

Blocks All to 1) improve ethnic

From: Schools: Primary Hamilton balance; 2) improve

Upper distance; and 3)

To: Schools: Primary Jefferson maintain continuous

Upper attendance areas.

Zone 52

Blocks 18, 19, 20, 25, 26

From: Schools: Primary Hamilton

Upper

To: Schools: Primary Jefferson

Upper

Zone 52

Blocks 15, 17, 21, 22, 23, 24

From: Schools: Primary Willard

Upper

To: Schools: Primary Jefferson

Upper

Zone 57

Blocks 2, 4, 5, 6, 7, 8, 9, 10, 11, 12,

13, 14, 15, 16, 17, 18, 19, 20

From: Schools: Primary Hamilton

Upper

To: Schools: Primary Willard

Upper

Zone 66

Blocks 13

From: Schools: Primary Hamilton

Upper

To: Schools: Primary Jefferson

Upper

Page 2

Changes

Justification

Zone 67

Blocks 14, 15, 16, 17, 18, 19, 20, 21,

22, 23, 24, 25, 26, 27, 28, 29,

30, 31, 32, 33, 34, 35

From Schools: Primary Willard

Upper

To: Schools: Primary Hamilton

Upper

Zone 50

Blocks 24, 25, 26

From: Schools: Primary Jefferson

To: Schools: Primary Willard

Upper

Zone 56

Blocks 6, 9, 12, 16, 20, 22, 26

From: Schools: Primary Jefferson

To: Schools: Primary Willard

Upper ......

Zone 61

Blocks 6, 7, 8, 11, 12, 13, 14, 15

From: Schools: Primary Jefferson

Upper

To: Schools: Primary Willard

OO ae

Zone 62

Blocks 1, 2

From: Schools: Primary Jefferson

CT cnicsinisncsindintmneenniion

To: Schools: Primary Willard

Upper ..........

Page 3

Changes Justification

Zone 41 Numerous minor

Blocks 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,

14, 15, 17, 18, 19

From: Schools: Primary

Upper Hale

To: Schools: Primary

Upper Madison

Zone 56

Blocks 1, 2, 3, 4, 5, 7, 8, 10, 11, 13,

14, 15, 17, 18, 19, 21, 23, 24,

From: Schools: Primary

Upper Hale

To: Schools: Primary

Upper Madison

Zone 64

Blocks 1,2, 3,4, 5, 6,7

From: Schools: Primary

Upper Hale

To: Schools: Primary

Upper Madison

Blocks

From: Schools: Primary

Upper

To: Schools: Primary

Upper

Zone . .

-aalieauisinen

From: Schools: Primary

Upper

To: Schools: Primary

changes were made

to 1) improve ethnic

balance; 2) improve

distance, and 3)

maintain contigu-

ous attendance areas.

Page 4

Changes

Justification

Zone 65

Blocks 1, 3, 6, 7, 8, 9, 10, 11, 16, 17,

From: Schools: Primary

Upper Hale

To: Schools: Primary ..

Upper Madison

Zone 67

Blocks All

From: Schools: Primary

Upper Madison

To: Schools: Primary -

Upper Hale

Zone 68

Blocks 14, 15,17, 18

From: Schools: Primary

Upper Hale

To: Schools: Primary

Upper Lincoln

Zone 52

Blocks 1, 2,3

From: Schools: Primary .

Upper Lincoln

To: Schools: Primary

Upper Madison

Zone 78

Blocks All

From: Schools: Primary .......

Upper Lincoln

To: Schols: Primary ..

Upper Hale

Numerous minor

changes were made

to 1) improve ethnic

balance; 2) improve

distance, and 3)

maintain contigu-

ous attendance areas.

Page 5

Changes Justification

Zone 79

Blocks All

From: Schools: Primary

Upper Lincoln

To: Schools: Primary

Upper Hale

Zone 52

Blocks 12

From: Schools: Primary

Upper Madison

To: Schools: Primary

Upper Lincoln

Zone 68

Blocks 14, 15, 17

From: Schools: Primary

Upper Hale

To: Schools: Primary

Upper Lincoln

Zone 62

Blocks 1, 2, 3

From: Schools: Primary

Upper Madison

To: Schools: Primary

Upper Lincoln

Zone 81

Blocks All

From: Schools: Primary

Upper Madison

To: Schools: Primary

Upper Lincoln

.-~-o— —-»

—— 9

gc” “NV -- An, a oe

My. Loina Alta

y, Audubon

j . © °

; f Edison Noyes

6 ©

Franklin

Altadena

ae .

Burbank

Jackson ' 0

Sal , | Don

Washington Longfellow webster neatte

Cleveianst is adre Mesa |

. \\ TILT; -

\ 44 if BOT! ao 2S a

\ [ ‘ Fo See a To

a Madison : .

ee ota Tefforson _ NONE AREA C GRADES K-3

“a nen weer cone . Ly / o 42 jc] NN

; . McKinley I NY ; Students a | Teffers

' Garfield ' «9g res Me on, iN WN — setae aerphonea meet

" 7 fy; i 4 : . +‘ =

d 0 x. ain “ Precenes nw . RQ AG] Students attend Willard

} San Rafaol 3972) Students attend IHamilt

5 . G74 £7} Students attend lamiiton

‘S Arroyo 2

\ ox S yo Allendale

Revised 022770

—— on

—

— Students attend Jeffers

‘ ‘

a — .

YA. | Loma Alta . |

| Audubon

° o

Edison Noyes

-_ ;

Franklin ‘nr

Altadena

Burpank -

jackson °

Washington | Longfellow Webster seine

aad Sierra

. ° Sierra

Linda Madre Mesa

Vista : . >

a Et

pig J. I, AREA © GRADES K-3 - origin

son

WSS Students attend Willard

‘ae Students attend Hamilton

readme

sn Yl ,

| ye :

| McKinley hs Udy

e Lads NG

‘ ‘

| Loma, Alta : , ae

Audubon

> : °

Edison Noyes ;

7 Franklin Altadena | | nea

re) per 0 Burbank | |

a Jackson “9 F

(* | Washington, _ afoll | " Don

. aoa” 2 8 MB RE yp

Linda eve: “e -

\ Vista f Wi) — <] ai

Uf yy (LD LZ

( v Uf F7, ene

by. Lips ' 4 ex

4 -

AREA C GRADFS 4-6

a TU

{ } Students attend Hale

PLL Students attend Lincoln

Meoktaley lk A nilton .

_Y Will nx y

yy,

g ‘ Garfield °° ts

O Pony I —— —_ tif, 4

‘ f f 17 4,/ . S

_ eal ZA a7 d ey | eager ce) Students attend Madison

‘ : ft

(°O* 4,44

Say a oreo Allendale XG ss

a ~ oa! > \. “7 ye Revised 022770

v0 espe 9 46522. SEN \ —_——__-

\ SM <n, t

2. |

Audubon

Edison

Noyes

‘ Franklin Altadena

{ io ° Burbank

D Jackson re) 7

Washington 3

o “d ° “, . ©

, uae /

) Vista Yy

WAN LN

“Line JES

Ses SAN Jel NN RN

, a McKinley Vs yy

Garfield .@

0 re) “oe

San eel Se “7

& ae , nr ae

AREA C GRADES 4-6

—_ Criginel |

ahaa Students attend Hale

VZZZIZA Stuients attend Lincoln

BZA Students attend Madison

Pasadena Unified School District

Division of Elementary Education

Pasadena, California

Area “D”

INTRA-AREA CHANGES

Changes Justification

Zone 82 Change I These modifications

Blocks 8, 9, 19, 20, 21 were made to rectify

an error which would

From: Schools: —— San Rafael noun eomend oie.

pper ren from their regu-

To: Schools: PrimaryArroyo-Garfield jar attendance zone

Upper unnecessarily, and in

Zone 82 Change II _ consideration of a

Blocks 8, 9, 19, 20, 21 freeway route.

From: Schools: Primary

Upper Cleveland

To: Schools: Primary

Upper Jackson

Zone 23 Change II

Blocks 1, 24

From: Schools: Primary

Upper Jackson

To: Schools: Primary

Upper Cleveland

Zone

Blocks

From: Schools: Primary

Upper

To: Schools: Primary

Upper

Zone

Blocks

From: Schools: Primary

Upper

To: Schools: Primary

AREA "C"

Grades Kindergarten - Three

HAMILTON - Primary School

JEVFERSON --Primary School

WILLARD - Primary School

Graces Four - Six

HALE - Upper School

LINCOLN - Upper School .

MADISON - Upper School

. i

. ; Fstimated 1969-70 Fourth School -

Ethnic Distribution (Per cent) Enrollment Month Enroll. "Gr. ‘1-6

1970-71 _| 970-71

Anglo.- Spanish ' Ethnic Distrib,

Cauc,. Negro Sur. Orient. | Other |% C&O [ % N

47,0 32. 6 16,2 1,8 2.4 623 596 99 l

46, 7 24, 2 23,1 2.8 3,2 883 857 94 6

: 54,4 36.4 | 7.4 1,5 3 ‘971 824 100 0

58,3 26,8 11,6 9 1,6 482 545 90. 10

51,4 34.1 13.4 9 2 589 797 19 81

48.5| 29.1] 17.9] 1.3 3.2 626 855 37 | = «63

we. = oa : — 1 - A

eruinel Nh An —

; A Loma Alta

. . .

Audubon

0 .

| ‘

; [ Edison Noyes

WA-\ °o “

| . \ Franklin

; Us 7 ps Altadena

Z . Burbank

Longfe Now Webster

0 -

Madison Hale

re)

a A

wits AL

Als?

—_

as SA pes un{iton

% Op .

BRL yi

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Ethnic Distribution (Per cent) Enrollment Month Enroll, Gr. 126

1970-71 ee /

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LINDA VISTA - Primary School 56.3 33.9 5 3,5. 5.7 .6 | 174 176 99 1

SMIcKINLEY - Primary School | 54.2 15,0 | 722.4 5.1 3,3 214 : 209 88 2

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“This scheol property is under

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BEST COPY AVAMABLE =)

RELOCATABLES.

Elementary

Space Utilization

Complete implementation of the area plan will result in the re-

allocation of 39 permanent classrooms and 25 relocatable class-

rooms. It will be necessary to move 17 relocatable classrooms

to other sites to accommodate adjusted enrollments under the

area plan. The remaining classrooms will be used to accom-

modate classes for Special Education, Opportunity and ESEA

programs. Attached is a detailed breakdown of the classroom

requirements at various schools.

Time Frame

The moving of the relocatables would have to take place be-

tween the end of this school term and the beginning of the fall

term. This is an ambitious effort to complete, but it is felt that

between now and June 15 it is possible to hire an architect,

get State approval and receive bids for relocatables, as well as

get board approval. All that would be left would be the actual

physical movement of the relocatables. Also, preliminary elec-

trical work can be done and foundations poured between now

and the end of school. These classrooms, of course, would not

be available for the summer school program.

Cost

Move 17 relocatables at $2,750 each—$46,750.

Architect Fees $ 150

OAC Fees 50

Physical Moving 1,100

Foundations 800

Utilities 650

94 95

CLASSROOM ADJUSTMENTS.

Area “A”.

a Area “C”.

Rooms Available UAvailable Aner ables Unassigned R. Number

Est. Present Adjustment Moved — ~~ wm woo fe r ——

SS ee Se Se a ae Base, Enroll. “Perma- Relocat” Rooms Adjust- Pe — 2

n P . - - ‘a

K-3 font _get heat “ats Necdod “ent _"eu” “Bs” nw St

Audubon 655 15 4 @ +i 1 Hamilton 623 18 2 2

Noyes 481 11 14 +3 3 Jefferson os ns .7. #

Sierra Madre 641 3 16 20 +1 1 Willard 971 27 1 28

Hale 482 20 3 17 —6 3 3

Altadena 730 289027 25 —2 2 Lincoln 589 34 21 —13 13

Edison 539 5 15 18 -—2 2 Madison _ a oa oe 8

- ~- 146 © 11

Totals 2 2 8

CLASSROOM ADJUSTMENTS.

Area “D”,

Area “B”.

: Unassigned

R : Numbe

Rooms Rooms Available a amor Esti- Available Roca Avalatte Bioces.

io Adieumen ables Base Enroll- Perma- Relocat- AS = ‘Be

" - - R just- Perma-

School Bui ‘Perma Relocet Rocme Adjust Porme- Relocet- Aa! School ie — Ge ~~ ee e— ee Onto Site

Base ment nent able Needed ment nent able Onto Site K-3

K-3 Allendale $12 14 3 16 --1 1

Burbank 628 9 8 2 «+3 3 —

Don Benito 741 24 2 «3 2 - arfield 306 13 o. = 3

Franklin 716 15 6 21 0 McKinley” ae Et 2 hs aes ss 1

Webster 872 22 27 5 5 7 —2 2

| + SanRafael 339 16 a Sa

4-6 4-6

Field 674 22 23 +1 1 Cleveland 443 20 15 —5 5

Longfellow 784 27 3 27 —3 3 Jackson 742 19 6 25 0

Washington 748 30 8 26 —12 4 8 tit = — — saaeatas bled

= otals 15 1 1

Totals 6 11 9

ORDER APPROVING DEFENDANTS’

PLAN FOR INTEGRATION.

Entered 10 March 1970.

Defendants having filed with the Court, pursuant to the

Judgment entered herein on January 23, 1970, their Plan for

Integration of the Pasadena Unified School District, which said

Plan is dated February 18, 1970 and was filed on that date,

and the Court having issued its Order to Show Cause re Plan

for Integration of the Pasadena Unified School District on

February 18, 1970, requiring plaintiffs and plaintiff-intervenor

to appear in Court on March 4, 1970 and then and there show

cause why said Plan for Integration should not be accepted and

approved by this Court; and defendants having thereafter filed

with the Court on March 2, 1970 their amendment to the Plan

for Integration; and the matter having come on regularly for

hearing on March 4, 1970, plaintiffs appearing by their attor-

neys, Albert C. Lum and Boyko and Simmons by Michael W.

Roberts, and plaintiff-intervenor appearing by its attorneys, John

N. Mitchell, Attorney General, Jerris Leonard, Assistant Attor-

ney General, Wm. Matthew Byrne, Jr., United States Attorney,

by Bernard Shapiro, David Norman, Brian Landsburg and

James Stotter II, and defendants appearing by their attorneys,

Pollock, Palmer & Metzler, by John P. Pollock and John

Andrew Miller; and the Court, having heard argument and

having interrogated witnesses, now makes its Order:

IT IS HEREBY ORDERED AND ADJUDGED that the Plan for In-

tegration of the Pasadena Unified School District, dated Febru-

ary 18, 1970 and filed herein February 18, 1970, as amended

and modified by the amendment thereto dated February 27,

1970 and filed herein March 2, 1970, is hereby found to be in

conformance with the Judgment entered herein January 23,

1970 and is hereby approved.

Dated: March 10, 1970.

/s/ MANUEL L. REAL,

United States District Judge.

-s. =~

FINDINGS OF FACT AND CONCLUSIONS OF LAW.

Filed March 12, 1970.

Upon consideration of all testimony and exhibits received

as evidence in this case, the Court makes the following findings

of fact and conclusions of law. Findings of fact numbered 1

through 5, inclusive, are identical to the Findings of Fact filed

herein January 22, 1970. The additional findings illustrate the

facts upon which the Court relied in making those original find-

ings. Conclusions of law numbered 1 and 2, below, are identical

to those filed herein January 22, 1970.

FINDINGS OF FAcrT.

I. Original Findings of Fact.

1. The evidence in this case establishes that there is racial

imbalance or segregation in the student bodies and faculties of

the Pasadena Unified School District at all levels, elementary

schools, junior high schools, and senior high schools.

2. The imbalance is a result of defendants’ failure to carry

out their announced policies of integration, policies that relate

both to faculty and student assignments.

3. These failures have occurred in connection with the

teacher assignment, hiring, and promotion policies and practices

of the District, its construction policies and practices, and its

assignment of students.

4. The Court has also noted with concern the racial cffects

of the District’s interclass grouping policies and procedures.

Because of the delicate educational nature of d.cisions concern-

ing grouping, the Court does not at this time deem it appropriate

to enter an Order in this regard, but urges the people of

aa to examine carefully the grouping policies of their

istrict.

5. Pasadena City Board of Education has used a neighbor-

hood school policy and a policy against forced cross-town bussing

to explain its failure to carry out its policies in integrating

students and teachers and staff members. The neighborhood

school policy is an educational consideration, but it does not

normally have constitutional proportions. Under facts of which

Pasadena City Board of Education has been aware since at

least 1958 as they affect the District’s elementary schools, it can

be recognized that the use of the neighborhood school policy

results in racial imbalance and increasing racial imbalance.

The same is true of the policy against cross-town bussing.

Il. Background Facts.

6. This is a school desegregation action, commenced by

sudents in the Pasadena Unified School District (hereinafter

called, the District), in which the United States intervened as

plaintiff after the Attorney General certified it was a case of

general public importance, pursuant to Title IX of the Civil

Rights Act of 1964, 42 U. S. C. 2000h-2. The defendants are

the Pasadena City Board of Education (hereinafter called, the

Board), its members, and the District's superintendent. Two

former Board members, Steve Salisian and John Welsh,’ were

named as defendants, but remain in the case only as to the

issue of attorneys’ fees raised by plaintiffs.

7. The Board operates the 28 elementary schools, five junior

high schools, three senior high schools, and two special schools

of the District. The District contains within its boundaries all

of the City of Pasadena, the unincorporated town of Altadena,

the City of Sierra Madre, and portions of Los Angeles County

near the eastern boundary of the City of Pasadena.

8. For the 1969-70 school year the District has enrolled

30.622 students, 17,859 Caucasian, 9,173 black, and 3,590 of

1. By motion after judgment Henry S. Clark was substituted

for defendant John Welsh in his canacitv of a member of defendant

Board. John Welsh resigned his position and he was replaced on

the Board by defendant Henry S. Clark.

' 99

Other minority ethnic or racial backgrounds.” There are 1,198

teachers, 1,034 white, 121 black, and 43 others. (Govt. Exs.

1D and 3)*

Ill. Segregation of Students.

A. The Fact of Racial Segregation.

. 9. Racial segregation or imbalance‘ is especially pronounced

in the elementary schools of the District. During the school year

1969-70, 85 percent of the District's black elementary school

Students attend the eight majority black elementary schools,

while 93 percent of its white elementary students attend the other

21 elementary schools. There are 13 elementary schools with

less than five percent black enrollments; 61 percent of the

District’s white elementary students and one percent of its black

elementary students attend those schools. Cleveland Elementary

School has only seven white students in an enrollment of 542.

Washington Elementary School is also cver 90 percent black,

and has 28 white students, 1060 black students, and 70 other

Students. Three other elementary schools have enrollments over

80 percent black, Jackson, Franklin, and Lincoln; Madison and

Audubon are over 60 percent black; Edison is 59 percent black.

(Govt. Exs. 1 and 2)

10. At the junior high school level, nearly have of the

District's black students (49 percent) attend one school, Wash-

2. Throughout these findi and consistent with Distri -

tice, the terms Caucasian and white are used to deacribe Caucan ions

without Spanish surnames; Black and Negro are used interchange-

ably; Other refers to Spanish surnamed Caucasians, Orientals,

— all persons of other minority racial or ethnic back-

3. Throughout these findings, Govt. Ex. is used to refer t

Government’s Exhibit; Pl. Ex. refers to Plaintiffs’ Exhibit; Def. Ex.

refers to Defendants’ Exhibit.

4. Racial segregation and racial imbalance are two names for

the same phenomenon, racial separation. The terms are used inter-

Changeable throughout these findings and conclusions.

100

ington Junior High School, which itself has an enrollment 88

percent black. Wilson Junior High School, on the other hand,

has an enrollment less than one-half of one percent black.

The other junior high schools are reasonably well racially

balanced. (Govt. Exs. 1 and 2)

11. Muir High School has a minority of white students (48

percent); nearly half (48 percent) of the District’s black senior

high students attend that school; its enrollment is 37 percent

black. Pasadena High School is 12 percent black and 82 percent

white. (Govt. Exs. 1 and 2)

12. The degree of racial separation within the District has

been consistently high, particularly at the elementary level, over

the past 15 years. Each year over 90 percent of the white

elementary students have attended majority white schools, while

over half of the black elementary students have attended majority

black schools. At least 85 percent of the District's Negro

elementary school children have attended the eight schools that

today have majority black enrollments in every year for which

records are in evidence. (Govt. Exs. 1 and 2)

B. Defendant’s Actions and Inactions That Have Contributed

to and Intensified Racial Separation.

13. Since 1954 defendants have never made an attendance

area change that involved assigning students from a majority

white residential area to a majority black school. (Govt. Exs. 1

and 11-A through 11-K; Tr. pp. 264, 1797 and 2040)*°

14. Particularly instructive in this regard is the District's

history of assigning elementary and junior high school students

from Linda Vista, the area of Pasadena west of the Rose Bowl

and north of the Colorado Freeway. The houses in Linda Vista

are generally expensive; nearly all the occupants are white.

The area has its own elementary school, Linda Vista, with an

enrollment this year of 163 white children, one black child, and

101

12 other children. Cleveland School, 97 percent black, is a

mile away. Linda Vista has capacity for 255 students. Cleveland,

until 1962, had capacity for 230 students. In 1962 defendants

built a ten-room addition to that school, increasing its capacity

to 560 students. When the Linda Vista School opened, there

were not enough children in the area to fill even its limited

capacity, and until 1954 the District assigned white children

from the Cleveland and Lincoln attendance areas to fill the

school. From 1967 until 1969, while the school was closed

temporarily due to structural deficiencies, the District trans-

ported all Linda Vista’s children in kindergarten and grades one

through six three miles across the Colorado Freeway to San

Rafael Elementary School, where the enrollment in 1967-68

was 457 white, one black, and 11 other students. Five majority

black elementary schools, three of them with more unused

capacity than San Rafael, are closer to the Linda Vista School

than is San Rafael. (Govt. Exs. 1, 6, 10-P, 11-L, 11-M, 14, 12,

13A-C, 70-Exs. 2A-2B, 88-A, 91, Tr. pp. 287-288)

_ Students from Linda Vista have attended three white junior

high schools, but have never attended the nearest junior high

school, Washington. While Washington has been a majority

black school only since approximately 1960, it has had more

black students than the other four regular junior high schools

combined in every year for which records are in evidence. Prior

to 1951, the District transported Linda Vista students to Eliot

Junior High School, which at that time had no black students.

From 1951 to 1961 Linda Vista’s junior high school was La

Canada, which never had a Negro student. In 1961, La Canada

withdrew from the District. At that time, the only two junior

high schools in the west half of the District with unused capacity

were Washington and McKinley.° Washington's enrollment was

approximately 60 percent black (and 20 percent white), while

McKinley’s was approximately 70 percent white (and 15 per-

5. Page references are to the typed daily transcript.

6. ones aes we 1094, its capacity 1210; Wash-

42-B, _ 25) was 1196, its capacity 1278. (Govt. Exs. 1 and

102

cent black). Washington is two and a half miles from Linda

Vista School, McKinley about three and a half. The Board con-

ducted a meeting at Linda Vista Elementary School on Novem-

ber 29, 1960 to discuss the pending assignment; most parents

from the area who spoke expressed a preference for McKinley,

some admittedly for racial reasons. Thereafter, the Superin-

tendent appointed a citizen’s committee to study the matter. The

committee openly considered both racially discriminatory argu-

ments and nonracial arguments before recommending that Linda

Vista students be assigned to McKinley Junior High Svhool.

The Board voted three to two to do so. The two dissenting mem-

bers favored assignments of Linda Vista students to Washington

because it was closer and because such an assignment would

increase integration. While the Board members who favored

McKinley assigned nonracial reasons for their vote, it is clear

that race was a crucial factor in the decision. (Govt. Exs. 1,

10-A, 10-O, 11-S, 17, 42-B-Ex. 25,° 70-Exs. 2A-2D, 86, Tr.

pp. 350-370)

15. Similarly, racial considerations entered into the Board’s

1962 decision to transfer a portion of majority black Lincoln's

attendance area to Cleveland, already over 85 percent black.

In 1968, the Board added still more black students to Cleve-

land’s enrollment when it assigned a portion of the Washington

attendance area to Cleveland. (Govt. Exs. 1, 10-C, 10-E, 11-C,

11-G, 11-P, 11-R, and 68-E, Ex. 41, Tr. pp. 371-373)

16. Another example of the Board’s maintenance and in-

crease of racial imbalance is the attendance areas it has drawn

for the District’s two largest elementary schools, Washington

and Longfellow. The two schools are located little more than a

mile from each other. In July of 1954, the District assigned a

formerly “neutral” zone® between the two schools to Longfellow,

8. The use of “Ex.” and a number following another exhibit

number denotes an exhibit to a deposition.

9. Until after the Supreme Court’s Brown decision in May of

1954, the District maintained four neutra! zones in which students

were permitted to attend either nearby schools with relatively large

103

although most of the area was closer to Washington. All or

nearly all the students in the area were white; Washington was

27 percent black; Longfellow was 97 percent white. A month

later, the Board reassigned the northern portion of the “neutral”

zone, but to Altadena (which had an enrollment 99.9 percent

white), rather than to Washington. Altadena was over-enrolled

at the time, in terms of its capacity, while Washington was

under-enrolled. (Govt. Exs. 1, 6, 10-A, 10-B, 11-A, 11-B, 11-L,

11-M, 14, and 88-A)

Ten years later, in 1964, Washington had become 81 percen

black, Longfellow was 88 percent white. Both schools mom

seriously overcrowded. The Board relieved the overcrowding

at Longfellow by reassigning white students from the eastern

edge of its attendance area to Webster and Burbank elementary

schools, both over 97 percent white. Webster was already over-

enrolled, but the Board did not consider assigning white students

either to Washington or to Madison, which by 1964 had a

minority of white students. The Board did not relieve the over-

crowding at Washington, as by assigning black students to Long-

fellow or Altadena, but instead added an eighth transportable

classroom at Washington for the 1964-65 school year. Neither

Altadena nor Longfellow had any transportables that year.

(Govt. Exs. 1, 10-B, 11-D, 11-N, 14, and 70, Ex. 2, Tr. pp.

2140-2143)

In 1966, the Board did attempt to relieve overcrowding at

Washington. However, rather than reassigning black students to

a white school, such as Altadena or Longfellow, the Board

assigned additional black students to Madison, already 44 per-

cent black. Since that assignment aggravated an existing condi-

numbers of Negro students or more distant, but nearl i

schocls. When ‘the neutral 20ne policy wat abandoned three of

the areas were assigned to the nearest schools. Until 1954, the

District also permitted white students freely to transfer from

schools with predominantly black enrollments to all-white or nearly

it - such as Linda Vista. (Govt. Exs. 10-A, 11-A,

104

tion of overcrowding at Madison, the Board assigned two por-

tions of the Madison zone to Longfellow. However, Longfellow

was already overcrowded, and the two areas were returned to

Madison. For reasons now unknown to the Board president at

the time, the students in those areas were permitted to attend

either Longfellow or Madison. Another portion of the Madison

zone was assigned to McKinley. The portions of Madison

assigned to Longfellow (then nominally returned) and McKin-

ley were majority white residential areas. The chief racial result

of all these changes was the creation of another majority black

elementary school; Madison gained approximately 100 black

students and lost 80 white students; its black enrollment rose to

55 percent, its white enrollment fell to 25 percent. Longfellow

and McKinley each gained white students, and both remained

over 70 percent white. (Govt. Exs. 1, 10-D, 11-E, 11-Q, 14,

66, pp. 4-12, 15 and Ex. 1, and 77, Tr. pp. 715-716 and 2143-

2146)

17. At the senior high school level, defendants have made

occasional efforts to improve racial balance, but the efforts have

been offset in part by changes in senior high school attendance

areas that increased imbalance. In and around the year 1957,

while a decision was being made as to where to locate Pasadena

High School, the Board members were specifically aware that if

they located the school in East Pasadena, they would have to

exercise particular care in drawing attendance zone lines if they

were to avoid having most black students attend Muir High

School and most white students attend Pasadena High School.

The District did open the new high school in East Pasadena in

1960. In 1961, 1963, 1964, 1966 and 1967 the Board made

decisions that increased the concentration of black students at

Muir High School. In 1961 the Board subtracted from the Muir

High School attendance area and added to the Pasadena High

School attendance area the property enclosed within the pre-

dominantly white Noyes and Burbank Elementary School attend-

ance areas. In May of 1967, the Board reassigned this area to

105

Muir High School, in order to increase integration. However,

on July 10, 1967, the Board rescinded that action and reassigned

the area to Pasadena High School. In 1969 defendants took

action designed to assign approximately 80 percent of the stu-

dents in the Noyes and Burbank area to Muir High School. In

1963, the defendants refused to consider a plan recommended

to it by a citizens-staff advisory committee that would have re-

sulted in a more nearly equal distribution of white and black

students between Muir and Pasadena High Schools. In 1964,

the defendants assigned high school students from the white

Arroyo Seco Elementary School attendance area to Blair High

School, and in 1966, they assigned senior high school students

from the white San Rafael Elementary attendance area to Blair

High School. These two areas had previously been within the

Muir High School attendance area, and the Board took no

adequate steps to replace the white students lost as a result of

the two moves. (Govt. Exs. 10-K, 10-L, 10-M, 11-H, 11-K,

11-O, 11-V, 68-A pp. 61, 88-C, 88)

In each of the years mentioned in the preceding paragraph of

this finding, commencing in 1961, defendants took steps to in-

crease the number of white students or decrease the number of

black students at Muir. However, except for one zone change

that remained in effect for one year (1963), none of those steps

added as many white students to Muir as the Board’s simultane-

ous actions subtracted. The Board did take action so that in

1964 there was a reduction of the number of black students at

Muir by the creation of a Geographic and Controlled Open

District, a device that resulted in the transportation of black

students who lived across the street from Muir High School to

Pasadena High School or Blair High School. (Govt. Exs. 10-L,

10-M, 11-V, 64, pp. 18-23)

18. The Board and the District’s chief administration offi-

cers have recognized the need for integration in the District's

elementary and junior high schools, as well as senior high

schools, since at least 1958. However, the District has taken no

106

effective action to integrate its elementary schools or its two

most segregated junior high schools, Washington and Wilson.

Numerous promises of studies and action led to nothing beyond

the adoption in 1964 and 1965 of open enrollment or free choice

plans that, until 1968, permitted a small number of both black

and white students to escape Negro schools. The largest num-

ber of black students to take advantage of this plan at the

elementary level was 86; in the school year 1965-66, of those

86, 40 went to minority white schools, Cleveland and Garfield.

(Govt. Exs. 1, 11-0, 16, 19, 24, Tr. pp. 2038-2040 and 2255-

2256)

19. The Board has consistently rejected proposals from

citizens’ committees, its superintendent, and other Board mem-

bers that would result in significant increases in integration, par-

ticularly at the elementary and junior high school level. In 1962,

the Board had the Superintendent appoint a citizens-staff com-

mittee to review districting problems “at the elementary, junior,

and senior high school levels.” The committee recommended

senior high school attendance area changes that would have

increased integration substantially, but the Board rejected those

changes in favor of the Open District plan. The Board there-

after voted to disband the committee and not to permit it to

study or make recommendations, concerning elementary and

junior high schools. (Govt. Exs. 11-O, 19, 25-A, 25-G)

During the winter and spring of 1964, the Board received

numerous proposals for elementary school desegration from ad

hoc citizens’ committees. Board member Shatford urged the

study of a triad plan, combining three schools with adjoining

attendance areas. The Board’s response was to vote not to give

further consideration to elementary school redistricting. When

Mr. Shatford urged study of junior high school segregation in

May of 1964, the Board voted not to consider the matter until

1965. (Govt. Exs. 11-O, 47, Tr. pp. 391-394, 584, 586-587)

In 1965, the Board appointed another citizens’ committee, to

make recommendations for a bond election. The Board re-

“107

jected each suggestion by the committee that would have led to

additional integration, including the replacement of Arroyo

Seco with a larger school, the location of a new junior high

schools elsewhere than in east Pasadena, and redistricting ele-

mentary schools. (Govt. Exs. 26, 27, pp. 49-52, 89, Tr. 2050-

2051)

In July of 1967, the Board rescinded Plan A for senior high

school redistricting, despite the strong contrary recommendation

of Superintendent Paul Salmon. Thereafter, Dr. Salmon recom-

mended locating a new integrated elementary school east of

Lake Avenue to relieve overcrowding at Washington and Long-

fellow. Mr. Salisian instructed him not to specify a location and

said he would not support a location east of Lake Avenue for

the school. The Board did, nearly a year after rescinding Plan

A, authorize the appointment of a director of long range plan-

ning, but unanimously directed that he study only senior high

schools. (Govt. Exs. 88-P, 103-C, Tr. pp. 256-260, 274-282)

20. In declining to accept recommendations for substantial

integration, the Board and members of the administration relied

in part, from 1963 through 1967, on an opinion of the county

counsel of Los Angeles County to the effect that the Constitu-

tion is color blind and that the Board could not take race into

account in attempting to improve racial balance. That opinion,

rendered June 7, 1963, was directly repudiated by the Supreme

Court of California on June 27, 1963, in Jackson v. Pasadena

City Board of Education. Pasadena’s school officials knew that

decision was contrary to the advice they had received from

county counsel; they ignored it. Similarly, the Board ignored

an opinion of the Attorney General of California that a school

board could consider race in attempting to overcome segrega-

tion. That opinion, rendered August 15, 1963, was brought

specifically to the attention of the Board. The two members of

the Board who favored increased integration sought to have the

Pasadena Board obtain an opinion on the subject from the

Attorney General, but the Board president failed to concern

108

himself with the matter, and the Board majority continued to

rely on county counsel’s opinion. The Board also ignored a

February 1963 directive from the State Board of Education to

consider race to overcome racial imbalance. On August 16,

1967, the Board received further notice from a state court that

it should act to integrate its schools. A year later, when the

Board had taken no effective action, plaintiffs filed this action.

It was not until September of 1969 that the Board permitted

District officials to commence serious consideration of elemen-

tary school integration. (Govt. Exs. 22, 23, 68-A, p. 89, 88-U,

92, Tr. pp. 388-389, 477, 1480, 1733, 2085-2088, 2132-2133,

2255-2256, 2259-2262, Jackson v. Pasadena Board of Educa-

tion, 382 P. 2d 78 (1963), 42 Op. Cal. Atty. Gen. 33 (1963))

21. When the Board did decide to take action to integrate

at the elementary level, it decided to delay the commencement

of implementation until the fall of 1971. All Board members

favored delay in completion of implementation until 1972 at

the secondary level and until 1973 or later at the elementary

level. (Govt. Exs. 43, pp. 28-32, 56, pp. 40- 42, 63, pp. 23-25,

65, pp. 25-26, Tr. pp. 1507, 1601, 1635-1638, 1778-1779,

1800, 2237-2240)

22. The defendants have adopted a policy of permitting

certain schools at each level of instruction to obtain a larger

percentage of black student enrollment than in the District as

a whole, while attempting to insure that other schools in the

District will not obtain a greater percentage of black student

enrollment than the percentage of black students in the district

as a whole. At the senior high school level, this policy has led

the defendants to adopt a policy that will make it unlikely that

Blair High School or Pasadena High School will have an enroll-

ment greater than 24 percent black, while it has adopted no

such policy as to Muir High School. At the junior high school

level, defendants have made adjustments at attendance zones so

that Eliot Junior High School, Marshall Junior High School,

McKinley Junior High School, and Wilson Junior High School

109

will have an enrollment no more than 30 percent black. They

have taken no such step concerning Washington Junior High

School. At the elementary level, the defendants have adopted

a program to insure that schools with less than 30 percent black

enrollment, will continue to have predominantly white enroll-

ments, while they have taken no such steps concerning the

predominantly black elementary schools. (Govt. Exs. 1, 10-I,

and 42-A, pp. 82-86, Tr. pp. 1683-1685)

23. Defendants have used transportation provided at school

district expense to make it possible for white children to avoid

attending schools with greater percentages of black students en-

rolled than in the District as a whole. The District has trans-

ported black children at District expense to increase the amount

of racial integration, but it has not transported children from

majority white residential areas to majority black schools to

increase the amount of racial integration. Examples of trans-

porting white students to avoid integration include the trans-

portation of white junior high school students from La Canada

to Eliot and Marshall, white junior high school students from

Linda Vista to Eliot, La Canada, and McKinley, white elemen-

tary students from Linda Vista to San Rafael, and white ele-

mentary students from Jefferson to Willard, Hale, and Hamilton.

Examples of transporting black children to increase integra-

tion include the mandatory assignment of black Open District

high school students to Pasadena and Blair High Schools and

the assignment of Audubon and Franklin Junior High School

’ students to Marshall. (Govt. Exs. 1, 11-S, 58-A, 58-B, 59-A,

59-B, 59-C, Tr. pp. 882, 886-890)

C. Residential Segregation.

24. The record demonstrates the existence of a high degree

of residential segregation in the geographic areas the District

serves. Linda Vista and San Rafael on the west and the Arroyo

Seco and Allendale areas at the southern edge of the District

have no or almost no black residents. The same is true of all of

-_-

110

Sierra Madre and of the portions of Pasadena and Altadena east

of Holliston Avenue. The District has been divided for admin-

istrative purposes into 92 roughly equal parts. Of those, 60

(including all 52 in the areas described above) have from zero

to five percent Negro student residents. The areas with the

highest percentage of black students lie between the Arroyo on

the west, Los Robles and Santa Anita Avenues on the east, Cali-

fornia Boulevard on the south, and Altadena Drive on the north.

Of the 19 administrative zones in this area, one has over 95

percent Negro student population, six others are over 80 percent

black, ten are 51-80 percent black, and two are 21-50 percent

black. (Govt. Exs. 97 and 98)

25. The residential segregation described above is due in

large measure to racial discrimination. Until 1948, the courts

of the State of California enforced racially restrictive covenants.

In 1939, Pasadena’s Board of Realtors successfully campaigned

actively and openly for the adoption and renewal of such cove-

nants. In 1945, the Supreme Court of California acknowledged

the commonplace use of restrictive covenants in Pasadena and

the resulting “Negro district.” The Board of Education obtained

a deed to the Allendale school property in 1948 that referred

to racially restzictive covenants. The Board has never assigned

a black teacher to that school, and it has never had over two

black students. (Govt. Exs. 1, 1-C, 3A-C, 4-C, 48, 49A-C, 50,

Tr. pp. 592-599, 603, Fairchild v. Raines, 145 P. 2d 528

(1943))

From 1948 until at least 1968 it remained the practice of

almost every Pasadena realtor to refuse to sell to Negroes in

white residential areas. Pasadena realtors interpreted a provi-

sion of the realtors code of ethics forbidding the introduction of

undesirable elements into a neighborhood, to make such sales

unethical. Even those realtors who declined to be bound by

such a gross misinterpretation of their ethical strictures felt

compelled to honor the request of a client not to sell to Negroes.

The handful of sales that were made to blacks in white areas

111

occasioned acts of intimidation and harassment on the part of

wae citizens. (Tr. pp. 604-614, 624-630, 648-653 and 673-

The passage of the Civil Rights Act of 1968 and the Supreme

Court’s opinion in Jones v. Mayer, 392 U. S. 409 (1968), have

diminished the extent of racial discrimination in the sale and

rental of housing in Pasadena. However, black persons continue

to encounter difficulty in obtaining residences in east Pasadena.

(Tr. pp. 558, 560-561, 639-640, 677, 680)

26. Defendants have been aware of the existence of resi-

(Def. Ex. H-1, Tr. pp. 1608-1610)

D. The Adverse Consequences of Racial Segregation.

27. Racial integration provides positive educational benefits.

One purpose of education is to prepare children for living in our

society, which is a multiracial society. In addition, racial segre-

gation imposes a badge of inferiority on minority students; in-

tegration is necessary to remove that badge. (Govt. Exs. 43, p.

ee Tr. pp. 334, 1735, 1870 and

E. The Existence of Feasible

of Overcoming Segregation.

28. The Government's expert witness, Dr. Gordon Foster,

director of the Florida Desegregation Consulting Center, testi-

fied to the existence of two feasible integration plans for the

District. One would involve integrating the student bodies of

all schools in the District, while the other would involve most

schools west of the Eaton Wash. He testified that in his opin-

ion the District could implement the second plan by September,

1970 and Superintendent Ralph Hornbeck confirmed that the

District could do so. The Court so finds. (Govt. Exs. 99A-D

and 100 A-C, Tr. pp. 1122-1123 and 2285-2287)

112

IV. Segre; ation of Faculty and Staff.

A. Discrimination in the Assignment of

Faculty and Staff Members.

29. There has never been a black teacher, administrator,

or other certificated employee assigned to five of the elementary

schools in the Pasadena District, Allendale, Linda Vista, Noyes,

Sierra Madre and Sierra Mesa, and at another, San Rafael, one

black teacher was assigned there for only one year. At a seventh,

Willard, the first black teacher was assigned there for this school

year. For the 1969-70 school year, there are only four black

teachers assigned to the ten elementary schools located east of

Allen Avenue. (Govt. Exs. 1-C, 3, 3-A, 3-B, 3-C, 4-C, and 6)

For every year for which figures are available, beginning in

1951, over 50 percent of the black certificated employees on the

elementary level have been assigned to schools over 50 percent

black. For the last three years over 80 percent of the black

certificated employees at the elementary level were assigned to

majority black schools, and for the 1969-70 school year only

five of the 88 black certificated elementary school employees are

assigned to the fifteen elementary schools at which black stu-

dents comprise less than ten percent of the total enrollment.

(Govt. Exs. 1, 1-C, 2, 3, 3-A, 3-B, 3-C, 4-C, and 5)

No black teachers, administrators or other certificated per-

sonnel were assigned to three of the five junior high schools

in the Pasadena District until after the 1960-61 school year.

One was assigned to Eliot Junior High School that year, and

then in 1963-64 there was one assigned to Marshall and one

to Wilson. For the last three years over half of the black

certificated employces at the junior high school level have been

assigned to Washington, which for that period has been over

75 percent black. There is still only one black teacher at Wilson

Junior High School. (Govt. Exs. 1, 1-C, 3, 3-A, 3-B, 3-C, 4-C)

The District has never had a black principal at any school

east of Lake Avenue. For the years which information is avail-

113

able, there has never been a black principal or assistant princi-

pal at any majority white elementary school. The only black

principals or assistant principals at the elementary level since

1966-67 have been assigned to Franklin, Jackson, and Wash-

ington Elementary Schools, all schools with over 60 percent

black enrollments. (Govt. Exs. 1, 1-C, 3-A, 3-B, 3-C, 4C, 5,

95-A, 95-B)

The only black administrators at the junior high school level

for the same four year period were at Washington Junior High

and Eliot Junior High,”® the two junior high schools with the

highest black enrollment. One of these black administrators, Dr.

Jesse Moses, principal at Washington Junior High School was

transferred to Washington from McKinley Junior High School for

the 1965-66 school year without his requesting the transfer, be-

cause the Board felt he would “provide good leadership for

Washington,” which at that time was 70 percent black. (Govt.

Exs. 1, 1-C, 3, 3-A, 3-B, 3-C, 4-C, Tr. pp. 2066-2067)

30. The Pasadena District also consistently assigns black

substitute teachers to majority black schools, and on the occa-

sions that the black substitutes are assigned to majority white

schools they are assigned to schools such as McKinley, Long-

fellow or Jefferson, rather than to schools such as Arroyo Seco,

San Rafael, Sierra Madre or Sierra Mesa. The record shows

that of the 619 days taught by black substitute teachers at the

elementary level, 507% (or 82 percent) of the days were spent

in the eight most heavily biack schools and only 18% of the

days were spent at the 13 schools that now have less than five

percent black enrollment. (Govt. Exs. 1 and 9-A)

At the junior high school level, over 50 percent of the 433%

days taught by black substitute teachers were taught at Wash-

ington Junior High, the most heavily black junior high school.

Similarly 130 of the 157 days taught by black substitute teachers

10. The black administrator at Eliot was there for the 1968-69

school year.

114

at the senior high schooi level were taught at Muir, the only

minority white senior high school. (Govt. Exs. 1 and 9-A)

The District’s assignment of black substitute teachers to black

schools enables those substitute teachers who express a desire

not to substitute at black schools to avoid doing so. An analysis

of Govt. Ex. 9-B shows that the requests of substitute teachers

who “don’t like Negroes” or who express a desire to teach

“on the east side” or “not to teach on the west side” are often

granted. At the elementary level, the substitute teachers in Govt.

Ex. 9-B who indicated a desire not to teach at majority olack

schools taught at majority white schools 85.8 percent of the

time. (Govt. Exs. 1 and 9-B)

31. There is presently only one black nurse employed by the

Pasadena District, of 27. At first she was assigned to Pasadena

High School, but in August of 1965 Mrs. Banks received word

that she had been transferred, without having submitted a

request, from Pasadena High School to Cleveland and Franklin

Elementary Schools, which were 90 and 68 percent black,

respectively. At the time Mrs. Banks was not given an explana-

tion for the transfer but was later told that she “could make a

better contribution and would be an asset to the northwest

community working in the two schools.” She was replaced at

Pasadena High School by a new, white nurse. (Govt. Exs. 1 and

7-A, Tr. pp. 868-872)

32. Another form of discriminatory teacher assignment in

the District is one that relates not to the race of the teachers,

but to the race of the students. That is the District’s practice of

assigning less well educated, less experienced and lower paid

teachers to majority black schools more frequently than to

majority white schools. For example, 28.3 percent of the

teachers presently in the majority black elementary schools are

probationary teachers with less than three years experience, while

only 18.6 percent of the teachers in minority black elementary

schools are classified as probationary teachers. Twenty of the

sixty-one teachers (32.8 percent) at Washington Junior High

115

School are probationary, while at each of other junior high

schools less than 25 percent of the teachers are probationary.

(Govt. Exs. 1 and 31)

The average monthly salary at each of the thirteen elementary

schools with enrollments less than 10 percent black is higher

than the average monthly salary at any of the eight majority

black elementary schools in the district. None of the majority

white elementary schools has an average monthly salary as low

as at any of the five most heavily black elementary schools.

The average monthly salary at the thirteen schools with less

than 10 percent black enrollment is almost 150 dollars more

than that at the schools which have over 90 percent black enroll-

ments. At the junior high school level, all but Washington

Junior High School have average salaries over $1,000 a month.

The average monthly salary at Washington, the only majority

black junior high school is $968.88. (Govt. Exs. 1 and 31)

B. Discrimination in Hiring Teachers.

33. While 30 percent of the District’s students are black,

only ten percent of its faculty members are black. At the senior

high school level, only 4.6 percent of the teachers are black.

(Govt. Exs. 1-D and 3)

These figures are the result of six factors: active discrimina-

tion on the part of District personnel; assignment policies; un-

checked veto power over hiring on the part of principals,

department heads, and personnel officers; Pasadena’s bad reputa-

tion among black persons for fair hiring practices; inadequate

steps to overcome past discrimination; and a shortage of black

teachers.

34. By 1958, the District had still hired only 13 black

employees. In that year, Superintendent Jenkins came to Pasa-

dena and gave instructions to improve the District’s record.

While the record did improve, to 122 in 1966-67, Dr. Jenkins’

personnel officers continued actively to discriminate against

116

black applicants. (Govt. Exs. 3-A, 4-C, Tr. pp. 31-32, 87-88,

527, 568-569, 621, 786, 878-879, 885-886, 1953-1957)

Dr. Jenkins’ successor, Dr. Salmon, also urged greater efforts

to hire qualified black teachers. Again, his efforts were frustrated

by personnel officers. (Govt. Exs. 1-C, 3, 3-A-3-C, Tr. pp. 291-

295, 302-303, 1977-1978)

35. The District’s policy and practice of assigning most

black teachers to black schools leads directly to discrimination

in hiring when the type of position a particular teacher seeks

is open in white schools. No senior high school has a majority

black enrollment. None has a faculty over eight percent black.

(Govt. Exs. 1, 3, and 8-B)

36. Every principal and every district-wide department head

has an absolute, unreviewed veto on applications for positions

under their authority; the director of personnel and his chief

assistant have absolute veto power over any applicant for any

teaching position. There is no review of recordkeeping proce-

dure for determining whether racial discrimination is a factor.

The chief personnel officers have broad discretion to reject

applicants without sending them on interviews and without

making any record of reasons for rejection. Occasionally, per-

sonal intervention from the superintendent or other high District

officials can reverse a rejection from the personnel department,

but even such intervention has not always been successful. (Govt.

Exs. 7-C, 8-B, 8-C, 42-A, pp. 19-27, 38, Tr. pp. 13-15, 65-66,

69, 89-95, 202-203, 291-295, 298-302, 837-841)

37. Defendants have been attempting to hire more black

teachers. In the past year, 26 of the 150 teachers hired have

been black and 19 have been of other minority racial or ethnic

backgrounds. However, defendants have not used some readily

available techniques for overcoming the effects of past discrim-

ination. The District has never used black persons to recruit

teachers. There has never been a black professional employee in

the personnel department; there is now one black clerk among

117

eleven employees. The District has not written to placement

offices at either predominantly white or predominantly Negro

schools indicating its desire to hire qualified teachers without

regard to race. (Govt. Exs. 42-A, pp. 35-36, 69, pp. 18, 22-23,

Tr. p. 2268)

C. Discrimination in Hiring and Promoting Administrative

Personnel.

38. The District has only two black principals, among a

total of 37. The record discloses only one other black person

who has been a principal. No black person has been a senior high

school principal. Two of the senior high schools have each

gained a black assistant principal, for the first time since 1968.

There is one black assistant principal at the junior high school

level, at Washington, and no black principal. There is no black

assistant principal at an elementary school. The District has

never had a black person at the level of superintendent or assist-

ant superintendent or director of a department. For a period

of three years, a black person was director of inter-group educa-

tion and another black person was a consultant in intergroup

education for two years. There has been one black consultant, in

reading, for one year; no other consultant in any academic

subject has been black. The District’s record in the employment

of black counselors has been fairly good since approximately

1965; although Mrs. Jeffalyn Johnson experienced difficulty,

apparently because of a limit of one black counselor each at

schools with large numbers of black students. According to

Dr. Jenkins, one purpose of hiring black counselors was to

provide training for those individuals to become assistant prin-

cipals. None of the black counselors became an assistant

principal, although numerous vacancies occurred. (Govt. Exs.

3-A-3-C, 4-A-4-C, 42-A, p. 55, 88-L, Tr. pp. 550-551, 556,

2068, 2072)

39. The Court heard testimony from three highly qualified

black persons who left the District because of their frustration at

being passed over repeatedly for appointments to administrative

positions Ples Griffin, who is now Chief of the Bureau of Inter-

118

group Relations for the State Department of Education in

Sacramento could not obtain a position as assistant principal in

Pasadena. He was not notified of job openings for which he was

qualified, although the District's formal procedures required that

he be notified. Mrs. Minta Palmer, who is about to obtain a

doctor’s degree in education administration, left the District

because she could not obtain that degree from the University of

Southern California without administrative experience. Her prin-

cipal at Madison Elementary School, Mr. Fink, advised her

not to attempt to obtain administrative credentials, as he did

not think there would be any opportunities for her to advance.

She obtained the credentials, but found that Mr. Fink had been

accurate in predicting her success; one job for which she was

qualified was filled by a white person without her being notified

of the vacancy. Other jobs she sought also went to white persons.

Mr. Quentin Mason was a counselor, as Mr. Griffin had been.

The personnel director advised him on one occasion that he

was passed over because he had used abbreviations on a written

examination. Dr. Mason had been advised of the examination

the day he was to take it. He, like Griffin, tried for over three

years to become an assistant principal before leaving to accept

an administrative position elsewhere. Arthur Bias also en-

countered difficulty in being notified of job vacancies. When

Mr. Bias learned of a head coaching job at Muir the principal

told him he had already committed himself to giving the job

to another, a white coach. Mr. Bias learned that a position at

Blair had been open when the white replacement came to ask

for help. (Govt. Ex. 42-A, pp. 28-31, Tr. pp. 726-731, 834-

847, 962, 967-972, 1002, 1005-1008)

D. The Effect on Students of Discrimination in Hiring,

Assignment, and Promotion.

40. Discrimination in the hiring, assignment, and promotion

of black teachers and administrators adversely affects students of

all races. Students need examples, in both teaching and admin-

119

istrative positions, of a multi-racial system. Black students need

to see that equal opportunities for black teachers exist in order

to believe that equal opportunities for black students exist.

Additionally, black teachers will have better morale, and there-

fore do a better job teaching all students if they believe there is

equal opportunity for placement and advancement. (Tr. pp.

303, 1066-1069)

V. Construction.

41. Defendants’ plans at the time of trial for the construc-

tion and rehabilitation of elementary schools, if implemented,

will intensify segregation in the District. Particularly, the con-

struction of a new, six-classroom building at the old Arroyo

Seco School site would lead to the creation of another white

school. Even the construction of a school large enough to

accommodate Arroyo Seco and Garfield students, another plan

the Board is considering, would result in an abnormally small

school, which would do little to relieve segregation of black

students (it would have approximately 350 students, 50 of

whom would be black). A school with larger capacity would

contribute more to integration, but would be unnecessary if

the District builds a school of adequate size at Linda Vista.

(Govt. Exs. 1; 42-B, Ex. 23-C; and 70, Exs. 2-A and 3)

Defendants presently plan to rehabilitate the Linda Vista

Elementary School at its former size, thus leaving it at a capacity

of 255 students. At this capacity and at its present location the

Linda Vista Elementary School has never enrolled more than

13 black students in any school for which records are in evi-

dence. (Govt. Exs. 1; 14, 42B, Ex. 23C; and 70, Ex. 3)

42. Defendants’ plan at the time of trial for desegregation

of the junior high schools would, if implemented, impose bur-

dens on biack students to a greater extent than on white students.

Defendants plan to close Washington Junior High School, prin-

cipally because, “It is impossible without a great deal of

bussing to create any kind of integration at that particular

120

school.” This is a non sequitur, as closing Washington would

require transportation of all the students normally assigned to

that school. Dr. Foster presented a suggestion for an attendance

area for Washington that would involve little, if any, additional

transportation. What defendants oppose is transporting white

pupils to school in a black neighborhood. (Govt. Exs. 1, 10-F,

99-C, 100-B; Def. Ex. W; Tr. pp. 647 and 1863)

43. Defendants have constructed new schools and built

additions to existing schools in a manner that has contributed

to the racial identifiability of schools in the District.

For example, in 1934 defendants constructed the Cleveland

Elementary School on a 2.7 acre site at a capacity of 230

students. The school opened with a high percentage of minority

students. Approximately one mile away, defendants maintained

Linda Vista Elementary School on a five-acre site at a capacity

of 255 students. In 1946-47, the first year ethnic enrollment

statistics are available, the enrollment at Cleveland Elementary

School was nine Caucasian students, 128 black students and

66 other students. The enrollment at the Linda Vista School

during that school year was 170 students, all white. The com-

bined enrollments of these two schools was 373, well below the

optimum school size of 600 students which defendants state

as their standard for minimum school capacity. (Govt. Exs.

1; 14; 27, p. 44; 68, Exs. 7 and 12; 70, Exs. 2A-2D; and 91)

Between 1956 and 1962 defendants increased the Cleveland

Elementary School site from 2.7 acres to 3.9 acres. In 1962

defendants built a ten classroom addition to the Cleveland Ele-

mentary School. During the 1962-63 school year the Cleveland

School had an enrollment of five Caucasian students, 432 black

students, and 48 other students, while the adjoining Linda Vista

School had an enrollment of 267 Caucasian students, no black

students, and four other students. (Govt. Exs. 1; 14; 68-A,

Ex. 12; 70, Ex. 2A; and 88-B)

In 1949, at a time when Caucasian students from the

adjoining Garfield Elementary School attendance area were

‘121

attending Arroyo Seco Elementary School by virtue of the

existence of neutral zones, defendants built a one room addition

to the Arroyo Seco School. During the 1948-49 school year,

the year previous to the addition, Arroyo Seco had capacity

for 205 students and a total enrollment of 228 students con-

sisting of 223 Caucasian students, no black students and five

other students. During that same year Garfield was under-

enrolled, with capacity for 385 students and a total student

enrollment of 284 students consisting of 34 Caucasian students,

114 black students and 136 other students. (Govt. Exs. 1;

10-A; 11-L; 14; 70; Ex. 2A; and 88A)

In 1954 defendants constructed a three classroom addition

to the Allendale Elementary School. During the 1953-54 school

year, the year previous to the addition, the Allendale Elementary

School had capacity for 290 students and a total enrollment of

308 consisting of 290 Caucasian students, no black students

and 18 other students. The Garfield Elementary School, whose

attendance area adjoins that of the Allendale Elementary School

was under-enrolled during that same school year with a capacity

of 385 students and a total enrollment of 305 students con-

sisting of 37 Caucasian students, 153 black students and 115

other students. (Govt. Exs. 1; 14; 49-A; 49-B; and 70, Ex. 2A;

Tr. pp. 599-602)

Defendants maintain that the appropriate capacity of an

elementary school should be 600 students. Nevertheless, de-

fendants have constructed and maintained Arroyo Seco Ele-

mentary School, Linda Vista Elementary School, and Noyes

Elementary School with 11 or fewer classrooms, and capacities

of less than 350, and with student enrollments over 90 percent

white. Until 1962 defendants maintained the Cleveland Ele-

mentary School at a size of eight classrooms with a predomi-

nantly black student enrollment. (Govt. Exs. 1; 27, p. 44;

70, Exs. 2A-2D) ro

44. Defendants have placed transportable classrooms at

Negro schools to accommodate over-enrollment at those schools

ok a

122

or no transportables in the same school years.

Each year since 1961-62, Washington Elementary. School

has had at least three, and since 1966 at least ten, transportable

classrooms on its grounds. The two majority white schools with

adjacent attendance areas, Altadena and Longfellow, had no

transportables from 1961-62 until 1969-70, when Longfellow

received three (Washington has ten; Altadena has none). Simi-

larly, predominantly black Cleveland School had transportables

from 1960 until its addition opened in 1963, and predomi-

nantly black Jackson has had transportables every year since

1960 (six each year since 1964). Nearby, white Linda Vista

had no transportables until 1969, when structural deficiencies

required the use of four transportables. Linda Vista has the

lowest pupil load, per site acre of any school in the District,

with the exception of Noyes. A comparable situation has

existed with Madison School, now 64 percent black, having

between two and nine transportables each year since 1960.

Nearby McKinley (11 percent black this year) has had no

transportables, while Jefferson (six percent black) had none

until 1964, and then only one year year until 1969-70, when

it added 14 transportables due to structural difficulties with the

main building. (Govt. Exs. 1; 10-F; 13-C; 14; and 70, Exs.

2-A through 2-D)

45. Defendants have maintained schools with student en-

rollment that are minority Caucasian under capacity while ad-

joining schools that are predominantly Caucasian are over-

enrolled.

Since 1961-62 predominantly white Allendale Elementary

School had been maintained over capacity. Garfield Elementary

School, whose attendance area adjoins the attendance zone of

the Allendale School has been under-enrolled in each school

year since the 1961-62 school year. Defendants have failed to

fill vacancies at Garfield with Caucasian students from Allen-

dale. (Govt. Exs. 1, 10-F, 14, and 70, Exs. 2A-2B)

123

Defendants are currently maintaining Washington Junior

High School, predominantly black in enrollment, at an enroll-

ment level that is under the school's capacity by approximately

94 students. Defendants also maintain predominantly Caucasian

Marshall Junior High School, whose attendance area adjoins

Washington Junior High School's attendance zone, at over-

capacity by approximately 90 students. Defendants have failed

to assign white students attending Marshall to fill the vacancies

existing at Washington Junior High School. (Govt. Exs. 1, 10-J,

and 42B, Ex. 25)

During each year for which records are in evidence (1961-

62 to the present) defendants have operated Pasadena High

School over its capacity, while Muir High School has in each of

those years been under-enrolled (Govt. Exs. 1; 42-B, Exs. 23-A,

23-B, 23-F, and 23-H). (Govt. Exs. 1; 11-H; 42B, Exs. 25;

68-A, Exs. 12; 70, Ex. 2-C)

VI. Interclass Grouping.

46. The District has two systems of grouping students that

are in general use. At the elementary level, students identified

as gifted are placed in classes with children who test at average

to superior achievement levels, while students identified as below

average academically are placed together with average and

above average achievers. At the secondary level, students are

grouped in “fast,” “regular,” and “slow” classes in English,

social studies, science, and mathematics. (Govt. Exs. 27, pp.

7, 8; 29; 30; 33-A and 33-B; Tr. p. 1700)

In 1969, officials of the District began to permit variations

in types of grouping. Three elementary schools have no group-

ings, and five of the secondary schools have begun to experi-

ment with neterogeneous grouping procedures in some subjects.

(Govt. Exs. 27, pp. 15, 16; and 53; Tr. p. 1838)

47. The racial effect of the grouping procedures generally

in use in the District is to increase segregation. At every second-

124

ary school, a higher percentage of black than white students is

in slow classes in every subject matter, and a higher percentage

of white than black students is in fast classes. At some schools,

the segregation is extensive. At McKinley Junior High School,

for example, 52 percent of the white children in science are in

fast classes, while two percent are in slow classes; 31 percent

of the black children in science are in slow classes and one

percent are in fast classes. Even in social studies the segregation

is pronounced; 48 percent of the white children and five per-

cent of the black children are in fast classes; 38 percent of the

black children and six percent of the white children are in slow

classes. Even at the elementary level, where the grouping pro-

Seventy-five percent of the white students attend classes with

gifted students, while 60 percent of the black students do not.

(Govt. Exs. 27, p. 32; 53 and 54)

48. The racial segregation that exists within integrated

schools as a result of interclass grouping doubtless has numerous

causes, not all of which are treated in the record. Three causes

do not appear in the record, each of which involves elements of

racial discrimination. One is that grouping assignments are

based in part on scores obtained on achievement and “intelli-

gence” tests. As the District's assistant superintendent for ele-

mentaray education acknowledged, such tests a.c racially dis-

criminatory, based as they are pzimarily on verbal achievement.

Another factor is that grouping assignments are based in part

on teacher and counselor recommendations. The evidence shows

that at least at some schools there is a tendency among some

counselors and other school personnel to assume that Negro

students, particularly Negroes of poor socio-economic back-

grounds, will achieve poorly and to make low assignments ac-

cordingly. A third factor is that it is the District's policy, at

least in elementary schools, to make higher placements than

would otherwise be made simply because a parent requests

higher placement. This policy favors children of assertive par-

125

ents. In Pasadena, at least, white parents as a group tend to be

more assertive than black parents. (Govt. Exs. 27, pp. 9, 10,

12, 16, 21, 22; Tr. pp. 96, 97, 117, 118, 516-520, 537, 541,

553, 554, 1076-1078, 1658-1661)

VII. Transfers.

49. Defendants have granted transfers that they knew or

should have known were wholly or at least in part motivated by

effect of intensifying racial segregation in the Pasadena schools.

50. Mr. Rex Ratcliffe filled out a transfer application stat-

ing in the black labeled “(S)school pupil desires to attend,” the

statement, “(A)ny where colored population is not in majority.”

He lives in the Washington zone. Although the principal of

Longfellow Elementary School recommended that the transfer

not be granted, defendants nevertheless granted Mr. Ratcliffe’s

two children transfers from Washington Elementary School to

Longfellow Elementary School. (Govt. Exs. 1, 76-A and Supp.)

Mr. and Mrs. Wayne Stone filled out an application for their

daughter Beverly to transfer from predominantly black Wash-

ington Junior High School to predominantly Caucasian Marshall

Junior High School. As reason, they stated in part, “Please do

not tell us that because of ethnic balance she cannot have a

permit. I'm (we) sure one child is not going to make any differ-

ence. Would you send yours there under present conditions?”

Defendants granted Beverly Stone the transfer. (Govt. Exs. 1

and 76-B)

Defendants have granted numerous transfer permits to white

students to leave Washington Junior High Schoo! on the basis

of fear or fights or the alleged bad condition of the school.

(Govt. Exs. 80-A, 80-B, and 80-C)

51. The record reflects that the most frequently abused

types of transfers are those for child care at the elementary level

and for student’s change of residence at the secondary level. (See

Govt. Exs. 1; 67, Exs. 4 and 5; 78; 79-A; and 79-C, Tr. pp.

934, 948-950, 1033, and 1728-1729)

126

52. In addition, defendants have granted “hardship” and

as a “hardship” transfer to Marshall based chiefly on the fact

a forceful father had enrolled his son there without a transfer.

Another “hardship” transfer, to Longfellow, was “emphatically”

opposed by the receiving principal, but granted by the assistant

superintendent, in part because “all children in the area go to

Longfellow.” Another student who had enrolled without a

permit at a white school outside his zone, Pasadena High School,

was permitted to stay to take photography at Pasadena, Muir,

the school serving his residence, has a photography course.

(Govt. Exs. 1; 67, Ex. 10; 77; 79-B; Tr. pp. 937-945, 1527,

and 1848)

53. Defendants adopted a policy of open transfers on July

30, 1968, whereby a student can transfer from the school of his

normal attendance area if the transfer will improve ethnic bal-

ance in both the sending and receiving schools. However, such

transfers are granted only to schools where space is declared

available. Only four elementary schools meet these criteria.

Three of these schools are in the far eastern portion of Pasadena

—Don Benito Elementary School, Field Elementary School and

Willard Elementary School—and are not easily accessible to the

black students residing in the western portion of the city. To

obtain a transfer to one of those schools, a child must provide

his own transportation. The fourth receiving school is Cleve-

land Elementary School which has a 97.4 percent black student

enrollment.

While permitting ethnic balance transfers only to schools at

the edges of the District, defendants have permitted other intra-

district transfers to such schools as Altadena, Longfellow and

Jefferson. In fact, those three schools alone received a total of

140 transfer students in 1969-70. (Govt. Exs. 1; 10-F; 14, 35;

42B, Ex. 31)

54. The Court finds that although there have been abuses of

the school district’s transfer policies no injunction concerning

transfers is necessary at this time, because of the integration to

be required by commencement of the 1970-71 school year.

127

CONCLUSIONS OF Law.

Original Conclusions.

1. In Brown v. Board of Education, 347 U. S. 483 (1954),

the Supreme Court was dealing, simply, with racial segregation.

The Court made no distinction as to Northern segregation or

Southern segregation. The Supreme Court held, simply, that

segregated education is inherently unequal that it deprived

Negro children of the educational opportunity to fulfill all their

dreams in this country. It further held that all children are de-

prived, in a constitutional sense, by segregation.

2. Under the facts of this case, use of a strict neighborhood

school policy and a policy against cross-town bussing take on

constitutional significance as a violation of the Fourteenth

Amendment to the Constitution of the United States.

Il.

Supplementary Conclusions.

3. This court has jurisdiction of this action under 23 U. S.C.

Sections 1343 and 1345.

4. Pursuant to the Fourteenth Amendment, and Title IV

of the Civil Rights Act of 1964, this court had jurisdiction to

hear and to decide all issues concerning alleged racial discrimi-

nation in public education in the Pasadena Unified School Dis-

trict, including policies with respect to assignments and transfers

of students, the allocation of faculty and staff, and the location

and construction of schools. United States v. School District 151,

286 F. Supp. 786 (N. D., Ill., 1968), affirmed, 404 F. 2d 1125

(C. A. 7, 1968), United States v. Jefferson County Board of

Education, 372 F. 2d 836 (C. A. 5, 1966), affirmed en banc,

380 F. 2d 385 (C. A. 5, 1967), cert. denied, 389 U. S. 840

128

(1967); Lee v. Macon County Board of Education, 267 F.

Supp. 458 (M. D. Ala., 1967), affirmed, 389 U. S. 215 (1967).

5. The chief significance of Brown is its holding that racially

segregated public education is detrimental to school children,

347 U. S. at 494. See United States v. Jefferson county Board

of Education, 372 F. 2d 836, 846, and 868 (C. A. 5, 1966).

For the reason under the Fourteenth Amendment a public

school body has an obligation to act affirmatively to promote

integration, consistent with the principles of educational sound-

ness and administrative feasibility.

6. A violation of the Fourteenth Amendment has occurred

when public school officials have made a series of educational

policy decisions which were based wholly or in part on consid-

erations of the race of students or teachers and which have

contributed to increasing racial segregation in the public school

system. Poindexter v. Louisiana F inancial Assistance Com-

mission, 275 F. Spup. 833, 837 et. seq. (E. D. La., 1967),

affirmed, 389 U. S. 571 (1968); Hall v. St. Helena Parish

School Board, 197 F. Supp. 649, 652, (E. D. La., 1961),

affirmed, 368 U. S. 515 (1962); United States v. School Dis-

trict 151, supra, 404 F. 2d at 1134; Taylor v. Board of Educa-

tion, 191 F. Supp. 181 (S. D. N. Y., 1961), affirmed, 294 F.

2d 36 (C. A. 2, 1961) cert. denied, 368 U. S. 940 (1961);

Griffin v. County School Board, 377 U. S. 218, 231 (1964).

7. When school officials consistently draw attendance lines

so as to increase racial segregation, the presumption arises that

they have done so to promote racial segregation of students, in

violation of the Constitution. United States v. School District

151, 286 F. Supp. at 798.

8. School officials have an obligation to correct the effects

of improperly drawn attendance zones. Taylor v. Board of Edu-

cation, 294 F. 2d 36 (C. A. 2, 1961); c.f. Gomillion v. Light-

foot, 364 U. S. 399 (1960).

9. A school board may not, consistently with the law and

the Fourteenth Amendment, use a neighborhood school policy

129

as a mask to perpetuate racial discrimination. Board of Educa-

tion Vv. Dowell, 375 F. 2d 158, 166 (C. A. 10, 1967) cert.

denied, 387 U. S. 931 (1967); United States v. School District

151, 286 F. Supp. at 798.

10. School boards may not build upon residential segrega-

tion, when that segregation is the result of either private or

state enforced discrimination. Brewer Vv. School Board of City

of Norfolk, 397 F. 2d 37, 41-42 (C. A. 4, 1968). Defendants

have a duty to attempt to overcome the effects of residential

segregation on student assignments. “Assignment of pupils to

neighborhood schools is a sound concept, but it cannot be

approved if residence in a neighborhood is denied to Negro

pupils solely on the grounds of color.” /d at 42; United States v.

School District 151, 286 F. 2d at 798. See also, Green v.

County School Board, 391 U. S. at 442.

11. The existence of residential segregation based upon

discrimination may be inferred from evidence of the existence

and enforcement by courts in the past of racially restrictive

covenants. It may be inferred from testimony that there are

significant areas of a community in which black persons do not

and have not resided. It may be inferred from testimony that

realtors have not sold, or have been reluctant to sell, houses in

certain areas of the community to Negroes. Dowell v. Board

of Education of Oklahoma City, 244 F. 2d 971, 980 (W. D.

Okla. 1965), affirmed, 375 F. 2d 158 (C. A. 10, 1967).

12. When from the evidence it appears that racial dis-

crimination has led to residential segregation and that the

residential segregation is reflected in school enrollment figures,

school officials have the burden to show that there are no edu-

cationally sound and administratively feasible alternatives avail-

able to overcome the existence of segregated schools. United

States v. School District 151, 286 F. 2d at 798.

13. When school officials have located new schools and

constructed additions to old schools, and failed to adjust school

enrollments to fit school capacities, in such a way as to intensify

130

racial segregation, they have the affirmative duty “to seek means

to eradicate” the results of their discriminatory acts. United

States v. Board of Public Instruction of Polk County, Florida,

395 F. 2d 66, 69 (C. A. 5, 1968) (emphasis in original);

Lee v. Macon County Board of Education, 267 F. Supp. 458,

472, and 480 (M. D. Ala. 1967).

14. Defendants’ desegregation plans based primarily on the

choice of students and their parents have been inadequate to

meet defendants’ Fourteenth Amendment obligations, as more

effective methods of reducing segregation in both majority black

and majority white schools have been available, Green v. County

Board of Education, supra; Adams v. Matthews, 403 F. 2d 181,

189 (C. A. 5, 1968).

15. Recruitment and assignment of public school faculty

and professional staff personnel, including classroom teachers,

principals, and substitute teachers, on a racial basis, so as to

establish schools that are racially identifiable by the composition

of their faculties, deprive students of the right to be free of

racial discrimination in the operation of public schools, in viola-

tion of the Fourteenth Amendment. Rogers v. Paul, 382 U. S.

198 (1965); Bradley v. School Board of City of Richmond, 382

U. S. 103 (1965); Green v. County School Board, 391 U. S.

430, 435. “Teachers and other professional staff members may

not be discriminatorily assigned, dismissed, demoted, or passed

over for retention, promotion or rehiring, on the grounds of race

or color.” Stell v. Board of Education for City of Savannah,

387 F. 2d 486, 497 (C. A. 5, 1967).

16. Discrimination on the basis of race in the hiring of public

school faculty and professional staff personnel deprives students

of the right to be free of racial discrimination in the operation

of public schools, in violation of the Fourteenth Amendment.

United States v. Jefferson County Board of Education, 372 F.

2d, 836, 893 (C. A. 5, 1966). “It is essential that school officials

(1) cease practicing racial discrimination in the hiring and

131

assignment of new faculty members, and (2) take affirmative

programmatic steps to correct existing effects of past racial as-

signments.” Jd., (emphasis in original).

17. The defendants’ present obligation, in order to overcome

the effects of prior discrimination, is to allocate faculty and pro-

fessional staff members so that no school is identifiable, by the

racial composition of its faculty, as being tailored for a heavy

concentration of black or white students. United States v. Mont-

gomery County Board of Education, 395 U. S. 225, (1969);

United States v. Jefferson County Board of Education, 380 F.

2d 385, 394 (C. A. 5, 1967); Brewer v. City of Norfolk School

Board, 397 F. 2d 37, 39 (C. A. 4, 1968).

18. It the responsibility for faculty and staff desegregation

is that of the defendants, not the teachers, and the achievement

of the required objective may not be made contingent upon the

willingness of teachers voluntarily to transfer from their present

schools. If necessary, faculty and professional staff members

shall be assigned or reassigned to schools in order to comply

with this requirement. United States v. Board of Education of

City of Bessemer, 396 F. 2d 44, 50-51 (C. A. 5, 1968); Davis

v. Board of School Commissioners of Mobile County, 393 F.

2d 690, 695, 697, 698 (C. A. 5, 1968); United States v. Green-

wood Municipal Separate School District; supra at 1093-94;

Monroe v. Commissioners of City of Jackson, 380 F. 2d 955,

960 (C. A. 6, 1967), rev’s on other grounds, 391 U. S. 450

(1968); Kelley v. Altheimer, 378 F. 2d 483, 498-99 (C. A. 8,

1967).

19. A school board may not, consistently with the Four-

teenth Amendment, maintain segregated schools because of, or

permit educational choices to be influenced by a policy of racial

segregation in order to accommodate, community sentiment or

the wishes of a majority of voters. Cooper v. Aaron, 358 U. S.

1, 12-13, 15-16 (1968); Lucas v. Forty-Fourth General As-

sembly of State of Colorado, 377 U. S. 713, 736-737 (1964);

Hall v. St. Helena Parish School Board, 197 F. Supp. 649, 659,

132

(E. D. La. 1961), affirmed, 368 U. S. 515 (1961); Reitman v.

Mulkey, 387 U. S. 369 (1967); Monroe v. Board of Commis-

sioners, 391 U S$. 450, 459 (1968); United States v. School

District 151, 280 F. Supp. at 798.

20. The present constitutional obligation of school authori-

ties who have caused and intensified racial segregation in a

school system, in violation of the Fourteenth Amendment “is

to come forward with a plan (of desegregation) that promises

realistically to work, and promises realistically to work now.”

Green v. County School Board, 391 U. S. at 439. The right to

an equal educational opportunity is of “paramount importance,”

and delays in vindicating that right are intolerable. Alexander

v. H

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