# Appendix — Pasadena City Board of Education v. Spangler > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0806%3A02 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1976 - **Citation:** 427 U.S. 424 ## Text nee 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 ii 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 iV 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 Vv 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 vi 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. 2 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 4 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 19 7 Se SE ED ni 44400460000%854 700 609 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 18 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 19 “~ nina! AA Loina Alta ° Audubon ° . & Edison Jackson ee 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 © . 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 ; © YS SAS: RSS Students attend Willard San Rafael t Li NEARS =~” "| Students attend Hamilton Allendale . ° s 22 ~~ 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 nS [—___} 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 ; 23 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, 24 Loma Alta « Audubon - + Edison INbyes ° 7 Franklin Altadena ad Burbank * © Longtellow Webster a = . Madison Hale. Lincoln ° a a A ae , Pe. “ied fed. aoe ‘\. ; Shee SLES, ae Y - LY, o Cafe Mong Ms " ore co 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 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 _— w 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 46 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. = ™ 47 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 48 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. 49 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- 50 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 C. 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. 51 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 52 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. 53 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 54 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. 55 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 a 56 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- 57 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. ~~ = 58 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 59 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” 60 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. 63 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! ° ee ee eee ee cla Saeaete he Non wo ie | = — 74 : 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 a 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 "4 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 98 95 18 93 98 89 -- —— 82 ll 91 Whe 77 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 78 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 0 To: Schools: Primary Willard Upper Zone 56 Blocks 6, 9, 12, 16, 20, 22, 26 From: Schools: Primary Jefferson en 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 .......... 79 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, 25 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 Se 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. 80 Page 4 Changes Justification Zone 65 Blocks 1, 3, 6, 7, 8, 9, 10, 11, 16, 17, 18 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. 81 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 © rereees : mT S - o ae Sierra = 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 a —— on — — Students attend Jeffers ‘ ‘ 84 a — . YA. | Loma Alta . | | Audubon ° o Edison Noyes -_ ; Franklin ‘nr Altadena ° Burpank - jackson ° Lf 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 ; ( © oO | 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) — \. “7 ye Revised 022770 v0 espe 9 46522. SEN \ —_——__- \ SM 60, 5 33.9 2.9 OF .0 a 339 ‘404 99. i G races Four - Six. » ' 7 ° Ne ° . ; A . . ‘ SACKSON - Upper School 7, 48.3 | 29,2 16,3 | . 5,0 1,2 +s 742 654 16 , 84 CLEVELAND - Upper School - 59.6 35.9 1,8 2.5 2 443 §13 5 95 , : | | “This scheol property is under couut'.:cation foe future sale, BEST COPY AVAMABLE =) 93 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 i CLASSROOM ADJUSTMENTS. 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. 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 96 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. =~ 97 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. 98 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. I. 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0806%3A02. Public record. Not legal advice.