# Appendix — Dayton Board of Education v. Brinkman > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385005_1894%3A04 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1979 - **Citation:** 441 U.S. 903 ## Text Suprame Court, U. APPENDIX MAR $ 1979 FILED. a el Exhibit Volume a ane ee LT Tee CLERK \, IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 1978 DAYTON BOARD OF EDUCATION, WILLIAM E. GOODWIN, JOSEPHINE GROFF and JAMES D. HART, Petitioners, Vv. MARK BRINKMAN, PATTY BRINKMAN, and PHILLIP BRINKMAN, By Their Mother and Next Friend, Donna Brinkman, et al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit SSA NT ES BEE EE OE, Petition For Certiorari Filed October 13, 1978 Certiorari Granted January 8, 1979 Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. 5A 5D APPENDIX EXHIBITS VOLUME TABLE OF CONTENTS Page One Race Schools and Classrooms . 1-Ex. Racial Overview 1951-52 ........ 2-Ex. Racial Overview 1963-64 ........ 3-Ex. Racial Overview 1971-72 ........ 4-Ex. School Segregation Overview .... 5-Ex. Racial Identification: Schools by PRD MPa FE oe §-10-Ex. Building Racial Identifiability .... 11-12-Ex. Black Teacher Employment PGND hieeenksticeeeeees 13-Ex. Racial Pattern Faculty Assignment . 14-Ex. Three Resolutions of December 8, PURE i xekas sees eo eee 15-24-Ex. Minutes of January 8, 1972 Board BE, ki iki ke hee 24-47-Ex. Report of the Committee of 75 .. 48-63-Ex. Desegregation Study by Dr. Foster, OG as ok hae CT 64-108-Ex. H.E.W. Letter of Mar. 17, 1969 to e.. CA ek ich csi 109-110-Ex. H.E.W. Letter of Oct. 14, 1970 to Es SR ids he oc ee 110-112-Ex. Greer Letter of June 7, 1971 to Dr. Carle and Recommendations of State Board of Education ........ 113-149-Ex, Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. 13A 13B Page Tate Letter to President of Dayton Ee etree mre har 150-151-Ex. French Letter of Oct. 19, 1965 Re NS oo in 2 ears yee at 152-Ex. NAACP Letter of Nov. 15, 1954 to DE So ons oc ska dea x ch we 153-155-Ex. Roosevelt-Colonel White Optional Pee, TN oie vin 0s cde 156-157-Ex. Roosevelt-Colonel White Optional Area Enrollment: 1959-1960 to PEE re ke ccake betes s 158-Ex. Colonel White-Kiser Optional Area ee Oo. cdevinnssebaek os 159-Ex. Fairview-Roth Optional Area ..... 160-Ex. Freedom of Enrollment Guide- ek | errs 161-162-Ex. Goff Letter of Feb. 28, 1972 to NE en eee re eae amares 162-163-Ex. Listing of Students and Letters . . . .164-172-Ex. 1972-73 Freedom Enrollment TO coi gcc pennk oes 173-Ex. 1972-73 Other Student Transfers . .174-175-Ex. Integration; August 1963 ........ 176-181-Ex. Policy Regarding Integration ...._-182-Ex. 1954 Facts and Figures Regarding _ Ere Seren et 183-184-Ex. Staff Integration Report ........ 185-186-Ex. Staff Integration August 1964 ... .187-189-Ex. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. 7 Pls, Pls. Pls. Pls. Pls. Pls. 39 & 100A 100B 100C 100D 100E 130B 130C 130D 143B 143] Ill. Page Percentage of Black Statf; 1967-68, NCE TUL chs pavca tt cy teawe 190-192-Ex. Clerical Placement by School .... —_—-193-Ex. Greer Letter of Mar. 20, 1972 to SS hud vn cae ie wea aan Ek ee 195-196-Ex. Touche Ross & Co. Report ...... 197-206-Ex. Estimated Enrollments — S.W. Dis- SN iwiavss Cove bane acre cen oh ce 207-208-Ex. Estimated Enrollment for West Side Redistricting .............. 209-211-Ex. Black Student Enrollment and Fac- GE IE Si Sica keene duceinas 212-Ex. Black Student Enrollment and Faculty 1948-49 ................. 213-Ex. Black Student Enrollment and PCR, DOD oi cc bas cee cass 214-Ex. Black Student Enrollment and PONE MINED Sask vueerancs sans 215-Ex. Black Student Enrollment and PII OEE sv ks Kant ceach hac 216-Ex. Black Student Enrollment and PROM TREE 6 oc veins os Shh 6 sacs 217-Ex. Black Student Enrollment and Pr WE hates evepcneis cs 218-Ex. Black Student Enrollment and PIE hs oo Vea dvb 6 ha beens 219-Ex. eee eree re 220-222-Ex DMHA Leases and Letters ...... 223-233-Ex. Pls. Pls. Pls. Pls. Pls. Pls. Pls. Pls. 1501 157B 157C 157D 161A 161B 162 164 Def. B Def. D ° Def. E Det. N Def. AB Def. AI(b) Def. AI(c) Def. AJ Def. AK Def. AL Def. AM IV. Page Racial Composition Garfield, Wog- : aman, Dunbar and Willard ...... 234-Ex. Deposition of Robert French ...... 235-244-Ex. Deposition of Dr. Wayne Carle . .245-256-Ex. Deposition of Martin W. Essex . . . .257-258-Ex. 1933 Resolution Relating to Dunbar —-.259-Ex. 1942 Resolution Relating to Stu- dent Assignment ............-55: 260-Ex. Bowers Letters of Nov. 1972 to pe, eee er eee ee eee eee. 261-262-Ex. Deposition of Ralph Curk ....... 263-264-Ex. School Enrollment 1960-76 ...... 265-Ex. School Transportation Policy . .. .267-269-Ex Transportation Program ........-. 27))-Ex. NAACP Withdrawal of Objections to Location of Dunbar .......... 271-Ex. Freedom of Enrollment Policy . . . .272-274-Ex. Staff and Pupil Racial Data ....... 275-276-Ex. Summary of Staff and Pupil Racial NE es oa ivy Foe Rey sees 277-Ex. Racial Composition of Certified PRUNE oo i eo ens de ceak wes 278-Ex. Racial Composition of Administra- i TE oye ae See ree eas 279-Ex. Summary of Racial Composition of SE acinus st Ceres’ 280-Ex. Racial Composition of Principals and Assistant Principals 1969-72 . .281-282-Ex. Def. AN Def. AO Def. AP Def. AQ Def. AR Def. CI(2) Def. CM Def. CN Def. CO Def. CP Def. CQ Page Percentage of Black Staff ........ 283-286-Ex. Counselor Assignment ........... 287-Ex. Composition of Coaching Staff .. .288-Ex. Schoolday Publication ........... 289-Ex. Percentage of Black Pupil Enroll- oe A a AN 290-Ex Synopsis of Percentage of Minority Pupil Enrollment ................ 291-Ex. Student Racial Composition by Year —_ 292-Ex. Efforts Towards Integration ..... . 293-300-Ex Students Transported ............ 301-Ex Board Minutes: Stivers Boundary a RRA Ee eae eee en 302-303-Ex. Board Minutes: 10/2/69 .......... 304-305-Ex 1940, 1950, 1960, 1970 Census NE a en ae 306-309-Ex Senior Classes: Colonel White- Roosevelt Optional Zone ........ 310-Ex. Racial Composition: Non-Teaching WO eres tos Nat: 311-312-Ex Transfer Request: 1952-53 ........ 313-314-Ex. V.A. Students Attending Residence eg ee (eo 315-Ex. V.A. Students Attending Jackson .. _—‘317-Ex. Affidavit: V.A. Students at Fairview 318-320-Fx. Black Enrollment by School ...... 321-322-Ex. Wayne Carle Statement of August, MASE os Vee ea nd Geen aL 323-328-Ex. Joint II Page Dayton Board Position Paper .. . .329-330-Ex. Attorney Genera! Opinion No. Care, Pay GO, Be nck i cies 331-340-Ex. Dayton Elementary Schools Dayton High Schools (pocket on inside back cover) (pocket on inside back cover) 1-Ex. PLAINTIFFS’ EXHIBIT 2A ONE RACE SCHOOLS AND CLASSROOMS fm ONG RACE SCHOOLS, 1972-75 SCHOOLS Total Schools 68 100% Schools with pupil racial composition 90% or more Black 22 «32.3 Schools with pupil racial composition 90% or more White 28 36.8 Schoois with pupil racial composition 90% or more Biack or White $7 69.1 - CLASSROOMS # % of Total Total Classrooms 4,390 1008 Classrooms in schools with pupil racial compositions 90% or more 3lack 464 33.4 Classrooms in schools with pupil racial composition 90% or mere White : _ +647 46.6 tassrecas in schools with pupil racial composition 90% or more Slack or white 1,110 80.9 : — Source: D. P. S. Enrollment Data and Division of Research Compilations 2-Ex. PLAINTIFFS’ EXHIBIT 2B Number Schools Enrollment Black Pupils * Black Pupils White Pupils % White Pupils Number 90+ Black Schools No. of Black Students % of Black Students No. of White Students % of White Students 19$1-S2 OVERVIEW 47 34,948 6,628 19.0 28,320 81.9 ONE RACE SCHOOLS Total Schools Total Students nad % of Total Students Source: D. P. S. Enrollment Data 90* White Schools 38 27,116 77.6 —n ee oe 3-Ex. PLAINTIFFS EXHIBIT 2C Number Schools 1963-64 OVCRVIEW based on Ohio Civil Rights Survey. (School Data)~ ° 64 (66) Enrollment $7,361 (39,091) Black Pupils 15,987 (18,377) % Black Pupils 27.8 (31.1) White Pupils 41,374 (40,714) % White Pupils ‘6n.9 (68.9) ONE RACZ SCHOOLS Number 90+ Black Schools a 90+ White Schools No. of Black Students 12,665 % of Black Students 79.2 No. of White Students 391 % of White Students 0.9 “« . Total Schools $7 Total Students $0,961 8 of Total Students 88.8 _——_ Source: Ohio Civil Rights Survey 43 361 2.2 37,544 90.7 4-Ex, PLAINTIFFS’ EXHIBIT 2D 1971-1972 OVERVICW (Including Pre «chool Enrollment, as of October 1971) Number Schools 69 Enrollment $8,142 (Actual Enrollment - $3,936) Black Pupils 23,544 ' ek by ’ ¥ Black Pupils 42.7 White Pupils 31,598 % White Pupils $7.3 ONE RACE SCHOOLS Number 90+ Black Schools 21 90% White Schools No. of Black Students 17,871 § of Black Students 73.9 No. of White Students - * 3a7 § of White Students 0.9 Tetal Schools 49 Total Students * 41,088 8 of Total Students 74,5 (_o- Source: D. P. S. Enrollment Data 28 7389 3.2 22,171 - 70.2 5-Ex. PLAINTIFFS’ EXHIBIT 2E SCHOOL SEGREGATION OVERVICW “ Black Schools Of the 4 schools 90% or more black in 1951-S2, all continue * 90% or more black in 1972-73, Of the 13 schools 901 or more black in 1965-64, all remain 90% or more black in 1972-73. Of the 21 schools 903 or nore black in 1971-72, all remain 90% or more black in 1972-75. White Schools Of the 25 schools 90% or more white in 1972-73 all opened 901 or more white and, if open, were 908 or more white in 1971-1972, 1963-64, and 1951-S$2. “ ® In 1962 the Dunbar High School Building was converted to the McFarlane Elementary School, a new Dunbar High School opened, and the Willard and Garfield schools were closed and theirpupils assigned to the McFarlane School. McFarlane opened with an all black student body and faculty; Dunbar opened with a virtually all black staff and pupil popula- tion and in 1963-64 enrolled a pupil population 99.6% black. Source: D. P. $. Enrollment Data, Ohio Civil Rights Survey, D. P. S$. Research Division Compilations. 19- 1953 100 100 white), Stivers ($7.71 white), Valenie (86.54 white), Gettysburg Cleveland 1956 100 100 (85.5% white), and Belle Haven (89.7% white). ; . 1967 100 100 a Eastmont 1935 100 100 1958 100 109 re oS 3 airview Source: 0.P.S. Pers : 1955 100 100 onnel Reports; Compilation of the D.P.S. 1966 190 100 a and 0.P.S. Office of Cqual Educational Gppectuniey: pF Fort McKinley 1985S 100 100 @ 9.?.S. Building Schedule. ‘ Franklin 1961 100 100 1967 100 97 Gettysburg 1950 100 100 19S2 100.=( Belmont Elementary 0 0 0 72 o 297 0 r) o 8359 363 aa Brown (1) 0 o 129 2 682 t) 0 - 73 03 Cartson C) 0 6! ' 333 ' o C) 3% 2 386 295 Clavetand 0 0 Oo 162 ae ce t) 1 877 678 G1 Drexel 0 a 4 230¢«C«&3S ’ ? 28046 4a 57 Eastmont 0 1) 0 63 o 313 t) 0 o 36 316 ae Euison 89 0 103 1 436 ’ 16 0 643 2 645 997 Emerton ae e688 224 o % «85! $a? 61 Faisport C) 0 68 102 274 «=: 398 2 ? 3340=Ss 807 et 7 Faw view r) 0o@ 6 65 19 «= 382 0 4 2% 04S 476 53 Fi, tacKinley 0 0 0 60 6 24? 0 0 6s 2 302 7 Frankiin eS a 0 Ds) o 663 0 ae 0 632 632 oo Gardentate 32 5 43 19 211 es ) 0 250=Ct«i«a00 393 72.2 Gewtysturg 0 0 6G 4? 290} 0 0 45 321 368 123 Gram 0 1) 0 89 3 368 0 0 3 «(447 450 07 Greene 42 ' 463 18 ? 0 559 20 679 96 5 Havahorne 23 13 15 ai 61 176 t) 0 oso 862 329 30.1 Hickorydate ) i) 10 4? 4 «6164 C') 8 “4 = 249 293 15990 Highview 40 t) 13 0 349 10 16 0 41? 10 487 97.9 Hulfman ° 40 vi) " 1 606 0 4 1 625 626 0.2 tr sing 78 ' 102 t) 576 3 20 0 776 4 780 995 Jackson Elementary. r) i) e: e 231 ’ 10 0 301 ’ 302 927 OL HqIX SUNUIEId ‘XA-GL Table 1 Student Enrollment by School and Mace Pre-Kindergarten and Grades K-65 Dayton Public Schools, 1971-72 Pre-Kdg. K Gr. 146 . Ed. Total Tot % GI. ot a ——“w | = =a Jackson Primary 138 0 136 0 397 ® 0 0 on ’ 67? 991 Jetlerson Elementary 0 0 0 0 762 76 23 0 785 18 660 913 Jelterson Primary 0 0 180 35 443 61 0 0 633 86 19 230 Kemp 0 0 6 79 % 860444 0 ‘ 4) 62? 663 72 tewton 0 r) 0 54 + 72 0 ? 1 33 34 03 Lincotn 0 0 ; 2 66 2 ® 6 637 632 o3 Loos 0 0 4 65 2 263 ' 4 322 386 ae ”? Horace Mana ry 0 0 35 o 61s 0 0 o 18 189 00 nicGulfey 39 a 35 69 16) 0-38 0 ? 228 «46 640 jue tAcNary 40 0 69 0 316 0 » 0 433 0 433 103.0 Mesdovrdate o 0 0 42 2 286 0 0 2 28 300 67 Miami Chapet 127 0 o 0 354 0 0 0 481 0 gt 100 0 Patterson Elementary 0 9 0 60 > ™) 0 0 1 430 43) 02 Residence Pack Elementary 0 0 0 0 286 ' 6 r) 294 ’ 295 007 Residence Park Primory o-* 0 102 0 346 ' 0 0 448 ' 449 90.8 fiuskin 0 Y] 0 ” o 4% 0 15 Oo 86865 $65 00 Shiloh ry o o 6 6 3 0 0 Ss 265 370 14 Shoup Milt 0 0 0 20 1 16 0 0 1 196 37 0.7 Louise Troy 0 0 143 0 44? 2 0 0 690 2 692 997 Valerie 0 0 ry 18 2% 8606 ) 3 2a? 218 14.2 Van Cleve ° " 23 6 8693 o |= 6t 0 r 3064? 760 149 Washington 16 16 16 66 69 0 451 ’ 9 92 842 634 1456 Weaver 129 0 114 0 ™m 3 21 0 998 3 1001 997 Weoster 0 0 0 60 + 273 0 4 . wa 338 03 Westwood 64 0 107 t) 636 s v ° 764 5 093 OL HqINXE SENUIFId “SACL 6 Table t Studont Enroliment by School and Race ° Pro-Kindesgasten and Grades K-65 Oayton Public Schools, 1971-72 Pre-K — & Gr. 1.6 Se. Ed. Total Total * Bt. 5 cms re a _ — VWiegaman 43 0 a? 0 499 1 14 0 643 1 644 99a Gorman 12 89 12 89 108 19 Kennedy 24 129 24 129 163 16.7 TOTAL BLACK 045 1897 8966 21 719 TOTAL WHITE 271 2296 11766 339 14661 TOTAL ENROLLMENT 1216 3893 20721 650 26380 26380 444 aegi OL H#q14x2 SBHUIPId ‘XAFL Pn Table 2 Student Ensoliment by School and Race Grades 6-8 Dayton Public Schools, 1971-72 Gr. 6-8 Sp. Ed. Total Total % BI. 8 Vi &©6CSw a v7] yn tp Jane Addams 167 23 ? 1 174 24 193 379 Allen » 120 0 0 ' 190 198 0.5 Belle Haven 66 318 _ Pe. 660 318 374 15.0 Belmont Elementary Oo 183 0 0 o 183 183 co Brown 9 #5 0 ft) 9 45 354 25 Carton 187 1’ fr) ) 187 ’ 188 99.5 Cleveland 3 5 fr) ) 3 «1365 368 08 Cornett Hgts 9.5. 667207 0 0 667-207 784 723 Orexel 14) (42 fr) 4. 4) 46 160 a7 _ Eastmont o 2 0 0 o 231 231 op Emerson 10 = 210 o.6|O'9 10 8=—s.219 229 44 Fawview 3% 8 233 0 2 300.235 265 3 Ft. tacKisley > 2 0 0 2 #147 149 13 Gariiendate 114 43 fr) 0 114 43 15? 2.6 Gettysburg “42190 0 0 42-190 232 18.1 Grant 1 198 0 ) 1 198 199 0.5 Hickorydate os ww 0 4 2326 139 16.5 Highview 209 6 8 0 218 6 223 97.8 Huffman o 268 0 6 0 273 272 0.0 Jackson Elementary : 407 2 14 1 421 3 424 99.3 Lemon ; ww ioe 1° 186 187 06 Lincota 6 34 ) 5 6 279 324 1.5 Longfetiow M.S. 485 325 24 4 609 329 638 60.7 Loos 6 205 o 2 6 2 213 2.8 Horace Mana 2 93 0 C) 2 93 os 2.1 OL HqI4XS SBHUIEId "XA-SL eo 6 s . » 2 8 . Table 2 Student Enrollment by School and Race Grades 6-8 Dayton Public Schools, 1971-72 Gr. 68 Se. Ed. Total Total % BI. 8 a w w Bac artane 23.5. 858 > $8 0 916 . 921 995 AlcGulfey 4?) 189 0 + 4? 163 210 22.4 Meadowdale 4 (at 0 0 41181. 222 185 Patterson Elementary 1 187 6 0 1 187 183 os Residence Park Elementary 393 1 a 406 1 407 998 Ruskin 1 260 7 + 1 268 269 04 Shitoh 180 0 0 o 180 180 co Shoup Milt 2 68 0 0 2 68 70 29 Valerie 4% «108 0 ! Te) 124 12 Webster 1 152 0 2 + 184 155 06 Westwood 638 ’ 10 0 548 ' 549 998 Whittier 61.5, 72) 4 23 0 744 4 748 995 Wogaman 335 1 8 t') 343 i] 44 99.7 Or. Viright M.S, 6? 827 8 2 65 6898 963 67 TOTAL BLACK 635) 174 6525 TOTAL WHITE 6698 n on TOTAL ENROLLMENT 12047 251 12298 12298 449 OL HGGXT SBNUIE|d "XA-OL Table 3 Studeat Enrollment by School and Race Grades 9-12 Dayton Public Schools, 1971-72 _ Roth ” Stivers Colonel Vihite Whibur Véright Continuing Education tome Teaching TOTAL BLACK TOTAL WHITE TOTAL ENROLLMENT Gr. 9-12 Ww 64 1923 1284 0 272-4084 45 «G5? a2 1699 6461218 167? " 1080038 147004 152918 68 1230 6912" 2842 15754 Unyadted Tetal re 7 WwW $6 1983 1369 0 272 «484 47 6u4 96 1733 S46 8 1218 1690 ' 1149 42 184 §=61093 793 934 74 )=«1276 35 20 35 20 20 26 6300 20 AIC} 65 16464 OL HqI4xZ SBHUICId “XA-LL 78-Ex. Plaintiffs’ Exhibit 10 TABLE 44 STUOENT ENROLLMENT BY RACE: SUMMARY DAYTON PUGLIC SCHOOLS, 1971-72 Black White Total %Blaeck Pre-Kg and Grades K-5 11,719 14,661 26,380 44.4 Grades 6-8 5,525 6.773 12,298 44.9 Grades 9-12 6,300 10,164 16,464 38.3 TOTALS 23,544 31,598 §5,142 42.7 © TABLE 48 ATTENDANCE ARGAS: SUMMARY DAYTON PUBLIC SCHOOLS, 1971-72 + Ne te eme meet e+. PES AT Ie A VEER IT EARL IT TT 47 elementary attendance arcas: Map! (primary and elementary units on same site are counted a one attendance area) vn 5 middle school attendance areas: Overlay | 10 high school attendance areas: Map I! (Patterson Co-op, not cn attendance arca) 79-Ex. 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Sip LSP aes SZ 656 S> sOACT NM es, Re: 4, GLP 68p 6Z0't bite le &66 8-9 “PIW aucpe sIcW OZ! vt Oz! by GP 962 66S a 02 62S | uosip3 » t ' H 5 3 3 oa pe] ) Vv io, © SHaNgG VON sHUNY | seuwnn wsO4 s3noO luew luow urds WOHDS 30 3BIVVN — soiQ) wos Omg sper 19:53 Ou neh Seta Soipwey ane : — soe POUL Ut O1COs>11.0g THM OUR Bws02u; MO} wor N On DIN VSAPYD JO setqwnny pomewasy ZL426t Stary wuepuany ut Gurpisay usippyd jo siaquungy ZZ-LLGL “STOOHDS 371919173 1 379LIL ov 31ivL Numbers of Chitthion Residing in Attemlance Areas ---——=- —_ —_— 1971-72 Estimmatadt Number of Children Who V¥ill Participate in Tithe Podetor Rorven Nar From Low-income Activities trom the Eligible School Prslitec Farolient F aimitics Schools Ariow Grate Cnou Emrotl Drop aa NAME OF SCHOOL Span ment ment Outs Total Nurmnber Percent Prbotic Non Public Total A a. ASK FieKR ry SRE MAE RN, G " i r K Grant K-8 651 217 — 868 4 0.5 Mea lovalale H.S. 9-12 1,680 220 15f . 2,058 10 0.5 Valeric K-8 A423 63 cen AUG 2 0.4 Shiloh K-8 632 409 1,121 3 0.3 MeadowdaleElementary| K-83 5/5 252 827 2 0.3 Belle Haven K-8 1,028 253 1,281 2 0.2 Eastmont K-8 659 180 839 0 0.0 Horace Mann K-8 323 207 530 0 0.0 Shoup Mill K-8 284 20 304 0 0.0 Patterson Co-op H.S. 9-12 1,710 47 1,757 235 13.4° Gorman (Spec) 105 105 14 13.4° ; Kennecly (Spec) 165 165 22 13.4° Others in School (Spec) 126 11 137 18 13.4° : TOTAL 54,240 8,858 2,550 65,648 8,788 13.4 "District-wide Schools June, 1971 OL Hq14x2 SHNUTCId 4-08 x 81-Ex. Plaintiffs’ Exhibit 10 [PHOTO OMITTED] School organization of grades has, historically, been de- termined not always by educational research but often by state legislation or by physical facilities. The middle school can be an administrative aid in solving some problem such as racial isolation, but research indicates that it should be, if properly handled, a way to improved education. The Dayton middle schools should offer eventually such things as differentiated staffing and team teaching, modular scheduling, short exploratory courses, a wide range of elec- tives and activities, increased emphasis upon student govern- ment, and greater concern about and communication with the community. The middle school, beginning with grade 5 or 6 and ending with grade 8 is for that “between-ager” or transitional period covering early adolescence. Grades 6 to 8 cover this 11 to 13 year-old age span and constitute the most common middle school grouping. It cannot follow either an elementary or secondary model in content or process; it must focus upon the problems of puberty and understand the needs of the learners at this age. Research indicates that youngsters are reaching physical and social maturity earlier. The middle school should not be established merely as an aid to desegregation. While it might permit children to get out of segregated neighborhood schools at an earlier age, high quality education will not result without careful pre- planning of the instructional program. This “planning” can be simultaneous with the preliminary work which is necessary to develop an effective, integrated school system. CLOSING SCHOOLS The Dayton system does have some extra space available in some of its schools, and the student population projection in- dicates a declining number of students over the next five years. Some of the older, less-suitable buildings could there- fore be abandoned. 82-Ex. Plaintiffs’ Exhibit 10 Recommendation 2. — Hawthorne Elementary, Washington Elementary, Ft. McKinley Elementary, and Roosevelt High School should be closed as regular classroom facilities by Sep- tember, 1972. Hawthorne was originally constructed in 1887 with an addition in 1909. It is in a poor location hemmed in by an interstate highway and has an inadequate site of 0.8 acres. Washington was originally constructed in 1898 with additions in 1926 and 1969. It is on an inadequate site of 2.3 acres. Ft. McKinley is a newer building (1924) but is rated as in- adequate for an instructional facility. its site is only 2.7 acres. Roosevelt High is generally considered to be the least adequate Dayton high school facility with a poor site of 5.2 acres. ELEMENTARY ASSIGNMENTS, 1972-73 Elementary attendance zones for 1971-72 are illustrated on Map 1 and middle school zones on Overlay 1. If two ele- mentary schools discontinued (leaving Ft. McKinley as op- erational for the moment) and 10 elementary schools are changed to middle schools, a total of 35 elementary attendance zones would remain (Overlay 2). Estimated enrollment fig- ures are given for these (Table 5) and for the 15 middle school zones that would be hypothetically created (Table 6 and Overlay 3). Without considering prekindergarten chil- dren as part of the basic K-5 pattern, it is possible to de- segregate these elementary schools by leaving four of them as they are and by joining the remaining schools in 11 clus- ters (Table 7). Recommendation 3. — The following assignment of K-5 pupils to elementary attendance zones be made September, 1972. Fairport: same as 1971-72 McGuffey: same as 1971-72 Drexel: Gardendale: Cluster A: Cluster B: Cluster C: Cluster D: Cluster E: Cluster F: Cluster G: Cluster H: Cluster I: Cluster J: §3-Ex Plaintiffs’ Exhibit 10 same as 1971-72 plus Jane Addams zone same as 1971-72 plus 2/3 of Gettysburg zone Irving (Kg-1) Emerson (Gr. 2-5) Patterson (Gr. 2-5) Eastmont (Kg-2) Lewton (Kg-2) MC-LT (Gr. 3-5) Cleveland (Kg-2) Highview (Gr. 3-5) Mann (Kg-2) Carlson (Kg-1) Huffman (Gr. 2-5) Ruskin (Gr. 2-5) Van Cleve (Kg-1) Edison (Gr. 2-5) Jefferson (Kg-2) Fairview (Gr. 3-5) Valerie (Gr. 3-5) Belle Haven (Kg-2) Jackson (Gr. 3-5) Ft. McKinley (out) Allen (Kg-2) Kemp (Kg-2) Res. Pk. (Gr. 3-5) Hickorydale (Kg-2) Loos (Kg-2) Weaver (Gr. 3-5) Franklin (Kg-2) Greene (Gr. 3-5) he ‘ “ e . “ eo * ° TABLE 6 * 84-Ex. ESTIMATED ENROLLMENT BY SCHOOL AND RACE r REVISED ELEMAENTARY SCHIOOL ZONES a Save PRE- KINDERGARTEN AND GRADES K-65 Cluster K; McNary (Kg-2) DAYTON PUBLIC SCHOOLS Shoup Mill (Gr. 3-5) Shiloh (Gr. 3-5) Pre-Kdg. Kdg. Gr. 1.6 ;= a oe Tow % BI. oe c) w nas ,.6hCOUe The redistribution would leave all elementary schools with- Allen es o 88 h : , he oe rae z in a range of 27.6 per cent black to 54.5 per cent black with = woven : Re by bie ie ee vi am most of the schools hovering closely to the 44.9 overall average. pa ut “ee ‘i “a ae” a" 008 0.1 An effort was also made to cluster schools by economic levels. ei ae 42° (82 237402 a 223 «(498 821 393 2 ' = Table 7A illustrates the percentage of Title 1 (ESEA) fami- Eastmont ‘i o 122 2 662 er Z wa rm be &. 4 0 4 q lies in each assigned cluster. " i : ai v es 7 - . oe a Me 3 % merson " It should be noted that a total of 34 elementary (K-5) at- Fan port 0 0 68102 240 88 a ; ew om A ee 4 4 tendance areas would be left with Ft. McKinley not used. pve ; : : po 7 = , 2 pa pe ee g. The clustered zones are based on the revised zones and not ye cory a on - ws ats we 1“ (903 949 aa = the current 1971-72 attendance areas. Cortendale Y es 0 8306S 24) 208 0 0 32) 360 672 4738 P Greene 4? ' 42 1 463 18 7 0 659 20 679 96.5 Recommendation 4. — The assignment of pupils to carry out snidiaieiae oS » « 4383 °o es 54320 383 Th Recommendation 3 should be made in each of the clusters Highview 620 "70 sy = 2 08 a0 8=— 0 810 - by the principals affected in cooperation with the central office Muftman o 4 o ww a a Me : Pa " ae ; aver 0 staff. Pupils moved should in all cases be the farthest located io a : = ; > eae Hen aaa pe wie cAsOn from their present school assignment where a choice has to paiee a - « 1205 (126 “4 418 168 1579 89 8 be made. Kemp ce . = fies on an _ omgletton t8.§ -_ - + + tet Greene 735 “ 239 42 Haw then n= 46 73 119 oy Gr.G-8& So.Ed. Total 4 Van Cleve 6 67m “4 3 Ww Ye Cap. "ot BTitle t Men ’ 390 191 . Jane Addons hi.3. = = & a 6 4 Acidamns Elementary 174 24 198 16 MacFariene KS. Creve! 14 146 160 3 F aewew 20 235 «268 Shoup Mut au a : Betle Haven sé 8374 : 190 238 478 850 44.4 Weever mm 2 38 43 480 «= «855——s«108 1292 46.4 Beimont At.S. Belrrzm Elementary 0 183 163 1 Meadowdri+ 6.1.5. Eastmont 0 73 231 ) Jackson 421 3 424 9 . Edison 303 Jt mt «9 Meartowdale Elementary a1 191 «222 0 303 4150718 42.2 4 Shieh . —@ 4 0 | Valerie 1S 109 0124 ) Brown NMS. , 477 4730: 950 980 $0.2 Grown Elementary 9 x45 Is 1 Jetterson (3/4) soo 18 418 18 Orvitle Wright 61.5. Loos wai #2 & ' Cartson 187 1 168 12 $15 $70 08S. 1208 47.5 Kema er | 1 Metlary 184 2 186 “4 Cornett Hgts. A3.8. as ETT) 3312s 782 e71 49.3 Fairport 199 208 407 3. Ft. McKinley 2 147 149 ’ : Webster At.S. Jefferson (1/4) . aoe oe 18 Hultman 0 273 273 18 188 361 729 wo «80S Res, Park (3/4) Re] : = ? Webster Elementary ’ 154155 5 Gertyburg M.S. 3S 048733 ? . G:.ttysiaeg Elementary 42 190 232 1 66 41.6 Ga dendsle 114 43 187 zc Westwood 4.5. vicheredele 23 116 139 2 Franklin 2 602 4‘ Res. Park (1/4) 102 S ee Washington 3% 86208 14 28% 449 630 $31 44.6 Westwoou Elementary 456 0 456 14 MeGulley 47 163.210 , 40 Grane M.S. ‘00 6s) Geant Elementary 1 198 - .. 1 251 1632 45.4 Highviews 218 5 223 2 Whittier M.S. ; Lewton a i. : Emerson 10 «6219-229 21 220 380 $79 ©6983 38.0 ‘ Irving 311 = 4“ Patterson 1 187 Rt 14 Uner'n MS. —_— ”—_—_— _— | . ee 3 ee) ae MC-LT aed . a = Boren 0.9, Ruskin x _ 6 Cleveland 2 3S (38 29 ‘ watene a ga r) | “se 0480S 607 1187 43.1 ; TOTALS $825 6773 12208 44.9 100-Ex. | 101-Ex. Plaintiffs’ Exhibit 10 ; « Plaintiffs’ Exhibit 10 TAGLE 9 TABLE 9 (Cont'd) ESTIMATCO CNROLI TIENT BY SCHOOL ANO NACE e ‘ RECOMNENNED HIGH SCHOOL ZONES, GRAOCS 9-12, 1972-73 CASED Of CURRENT CLEMCNTARY ATTENOANCE ZONES DAYTON PUBLIC SCIIOOLS . ‘ Gr. 9.12 & Sp. Ed. : Sa Total Cao. BI, 7 Mendowdate ore Gr. 9-12 & So. Ed. - Cornett Mis. ALS. RPA] 474 8$3 Ss. Ww. Totst Cap. “BI. (Fairport - Ft. MeKininy - e Belmont ee Te st ee muses Jetterson 1/41 Beimont A1.S. 3132 «45 8s7 : Meatiowsiale 1.1.5. 493 622 1418 (Belmont - Eastmont - Usckson - Merdowdale - Grant M.S. 227 472 699 ; 872 1096 1968 (Grant - Highview - (+) Shoup Mut 1 ae 69 2 Lewton} Can A pee a Pee 874 «1185 2089 2950 443 $39 ©1017 1556 (+) Mane €) an ae 124 Rovh $41 1139 - 1680 2618 32.2 J. Adidas M.S. 106 313 509 . e (J. Acidarm - Orexei - Ounbar Shove Mill) Lineoin M.S. 483774 j 1227 ° Getiysburg M.S. 200s «489 749 (Lincoin - MC - LT - (Gardendale - Gettysburg - Ruskin) Hickorydale - Res. Park : M. 963 wa -—___ _—_ -_-_-_ —, : ae 3600=— 603 4860s 772 1288 Wogaman) Sati ak Ne ‘ . (=) Shoup Al Et = oe 2! 81301377 7190 48a 683 1167 1886 415 a jit om eit = 1285 2066 2483 39.2 : —_, ¥ Webster M.S. 34 $62 876 Peirview ; : (Mufiman - Res Park MacF arlene M.S. 495 7279 : 1224 V4 - Webster) (Fairview - Ucile ; Whittier M.S. m $36 868 Haven - Weaver) (Emerson = Irving: ’ (+) Webster Et 1 202 203 Patterson) (+) Res Park 1/4 104 _o 104 : — Ry = 6000 931 1831 450 398.2 (=) Webster Et 1 202 203 (+) Res. Park 1/4 104 ae 104 Kiner “1 896 1437 1830 37.6 Long!cilow M.S. . 318 664 1012° 1245 w4 (Allen - Greene - Col. \Thite Hawthorne - \'an Cleve) Brown (4S. $31 749 1780 5 . (Brown + Jetlerson 3/4 - Coos) (+) tAcNary El 190 3 193 (*} MeGulley &) 48 214 262 769 966 1738 2268 4.3 102-Ex. Plaintiffs’ Exhibit 10 103-Ex. ‘ Plaintiffs’ Exhibit 10 TRANSPORTATION OF PUPILS , It is obvious that pupil transportation will be increased ‘ if genuine desegregation occurs. A rough estimate of in- | creased transportation needs is included as an attachment to the report along with an explanation of how the cost of such transportation might be met. Under new Ohio leg- islation for local district reimbursement for pupil transporta- tion expenses it would appear that transportation costs for TANLE 9 (Cont'd) | the desegregation plan can be met wholly or in large part ; out of state funds with no increase in local budget. Ge, 2:12 So. Ea. | [PHOTO OMITTED] ae ie tot Sw .S aS ie its a3 0 ma | GENERAL RECOMMENDATIONS FOR — a DESEGREGATION Se adiies ante iat an In Part I of this report, the current status of the desegre- Washington » panna ae - gation effort in the Dayton City Schools was reviewed. That (-) MeNary El | : : ° ° {-) MeGutfey €! «8214 262 ' analysis was based upon current information provided by the ‘4 Riad on! pad ey a | Superintendent. a or oe rg a na | Part II gave specific recommendations for ending the racial ee = e 55 imbalance in enrollments for the various schools at different (6) Home Teaching ee — grade levels. TOTAL HS. 6300 10164 16164 38.3 | This section gives some general comments and recommen- dations which may assist school and community leaders in their affirmative action toward an irtegrated school system. An annual review of faculty assignments by school and teaching field should be made to determine to what extent race should be a consideration in recruitment, employment, and assignment activities. The need for racial balance should be a reality to be considered not only in school policy but in negotiating master contracts. Inservice education for integration needs to be relevant, required, rewarded, and continuous. A planning committee should involve teachers, administrators, students, community advisers, and representatives of area institutions of higher edu- 104-Ex. Plaintiffs’ Exhibit 10 cation. The greater use of teacher aides providing biracial teams should be made where feasible. While the ratio of blacks and whites is fairly reasonable for administrative staff in Dayton, the following general recom- mendations are made. 1. Until full integration is achieved district-wide, the tendency to put black administrators in schools having a high proportion of black pupils or which are located in black communities should be avoided. Biracial administrative teams should be assigned where there is more than one building administrator. 2. Black administrators should be given an equal oppor- tunity to work in line as well as staff positions in the administrative structure. When the desegregation plan becomes reality the transfer policy for pupils should be rewritten to discontinue all op- tional zones or free enrollment. Transfers only for health or pertinent educational or administrative reasons should be al- lowed. Policing of pupil addresses will need to be made. In order to facilitate up-to-date pupil assignment operations it is recommended that for the immediate situation pupil lo- cater information and a set of good zone maps be developed. After this it is recommended that a computer-based pupil data system be effected. The Miami Desegregation Center is cur- rently publishing a computerized operational plan for desegre- gation of pupils which can be used very easily in a system such as Dayton once the pupil data base is established. The following general recommendations are given for com- munity and school representatives. 1. School representatives should meet regularly with their counterparts from all Dayton Standard Metropolitan Service Area (SMSA) agencies and institutions to com- municate about respective programs and to achieve “maximum coordination of and impact from various ) * 105-Ex. Plaintiffs’ Exhibit 10 service efforts. Such problems as housing patterns, metropolitan government, and cooperative educational efforts should be explored. 2. The Dayton Advisory Council on Education (DACE) should be continued with a provision for annual re- view by DACE and the District as to the representa- tiveness and activities of the Council. Established to advise the Superintendent on such matters as de- sgregation, its need will increase as desegregation be- comes integration. 3. While mass media are valuable, they do not replace small discussion groups in the total public informa- tion program. These groups should be continued at the local school level and involve principals, teachers, and other employees who previously have become cognizant of the goals of an integrated school system through the inservice programs discussed above. A continued and improved analysis should be made of socio- economic patterns of students so that this factor can become a more effective input to the student assignment process. If not already part of the program, curriculum units con- cerning human relations, minority group cultures, urban gov- ernment and ecology, and family finance should be included at each instructional level. The entire grading, reporting, counseling, and testing pro- grams should be reviewed in light of desegregated schools compared to traditional schools. Grouping practices for in- struction are particularly vulnerable. Many parents and other citizens enjoy their schools as community centers, too. They may see desegregation as a threat to this activity. The Board should insure, by policy statement, that any desegregation plan will protect the com- munity use of school facilities in a secure fashion and, if necessary, provide transportation so the community center 106-Ex. Plaintiffs’ Exhibit 10 concept will be implemented. Desegregation in extracurricular activities is an essential component of any unitary plan. The Board should in January, 1972, place bids for additional buses for September delivery so that economies in group bidding can be effected. Simultaneously, local transit com- panies might be invited to submit a comparative cost estimate. Security of buildings and children is a concern especially where Cesegregation has been suddently imposed upon a school system. At the secondary level it is strongly recommended that student biracial advisory committees become a part of the school’s operation. Urban secondary school principals can make effective use of such committees in affirmative action to prevent student unrest. Districts which are segregated typically are operating sub- standard programs in some schools, and desegregation usually forces an upgrading of the instructional program. It is as- sumed that Dayton is no different than other major cities and that additional financial aid will be necessary. All federal and state sources should be investigated including the new Emergency School Assistance Program should it become law; Title IV, P.L. 88-352 monies, and funding under the new Edu- cational Renewal Centers concept (USOE). The recommended plan attempts to desegregate schools in such a manner that they will not be racially identifiable: not black schools, nor white schools — just schools. If such a plan is to work effectively the entire metropolitan Dayton area should be involved and not just the city. It is recommended that the Board continue its effort to involve the metro com- munity. Particular attention should be given to the current lawsuits in Indianapolis, Richmond (Virginia), and Detroit. The prekindergarten pupils were not included in the de- segregation plan. It is recommended that they be sent to their nearest elementary school location and where capacity does not permit their being housed, transportation be provided to the next building with space available. [PHOTO OMITTED] nh aaa + a ea eC we gs cM aN a 107-Ex. Plaintiffs’ Exhibit 10 APPI.NDIX I Estimation of transportation costs, renmtiue se ts une fi q, ssummung 40%, of current enrollments being wansported: Students . §3,400 public students x 49% 21,360 Plus non-public students now being transyo: tod 1,000 Total Students 22,360 Trips $0 high-school pupils per bus = 17,000 x 40% = 6,800 or 136 trips 70 elamentary pupils per bus — 36,400 x 40% = 1456007 208 “ 60 non-public pupils per bus 1,000.0 17 * Total Trips 361 Capital Qutiay — Vehicles 2.75 trips per bus = 131 buses + 13 spares © 144 total vehicics Less vehicles already Board-owned 214, Net Additional Buses Necded 130 Estimated State vid price $9,000 x 130 vehicies = $1,170,000 Estimated State reimoursernent © 27% * 315,900 Net Local Purchase Cost $ 854,100 Capital Outlay — Facilities Land = § acres with proper acozss $ 100,000 New building with 8 vehicle hays 300,009 Asphait paving, fencing, lighting 35,000 Equiprrent 15,000 Estimated Building Cost $ 450,000 Estimated State Reimbursement for Operations Board-owned vehicies — $14 per stusient + $22 per mile 22,360 % $14 = $313,04G + 60.000 miles x $22 + $176,000 Total $489,040 A Cartract vehicles — $16 per student + 529 per mile 22,360 x $16 = $357,760 + 8C,090 miles x $29 = $232,000 Total $589,760 y 108-Ex. Plaintiffs’ Exhibit 10 Estimated Operating Cost Board-owned buses ~ 22.360 primis x £50 cach ~ $ 1,113,000 AContract buses 9 = 22,3G0 jnipils x S67 cach © 1,492,120 Estimated Operating Cost Less State Reimbursement Board-owned A Contract Estimated operating cost $1,118,000 $1,498,120 Estimated State cehiomanam 489,040 $89,760 Net Operating Cost $ 628,960 $ 908,360 Savings with Board-owned vehicies = $279,400 If savings were applied to capital investment of $1,304,100 (vehicies and building), payback would be accomplished in 4.6. years. FINANCING THE LOCAL COST 1972 Annual Needs Net local operating cost $ 751,584 $ 628,960 Local capital outlay 1,304,100 -0- Total Needed $1,555,684 $ 628,960 Sources Maintain 1970 level of local funding $ 433,000 From new State funds” 1,122,684 Total Available $1,555,684 “Principality from the new Municipal Overburden fund. The district will receive $20 per pupil, oF approximately $1,060,000 a year, from that part of the newly enacted State program. OUR GOVERNMENT PRINTING OFFICE: 1673-715-870/ 198-T2(B~10) 109-Ex. PLAINTIFF'S EXHIBIT LIA [LETTERHEAD OF DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, WASHINGTON D.C. 20201] OFFICE OF THE SECRETARY Dear Dr. Carle: Representatives of the Office for Civil Rights conducted a Title VI Compliance Review of the Dayton Public Schools during the period November 12-22, 1968. We have com- pleted our analysis of the information gathered during the review and have made the determination that your district is not complying with Title VI of the Civil Rights Act of 1964. An analysis of the data obtained during the review establishes that your district pursues a policy of racially motivated as- signment of teachers and other professional staff. Thus, all Negro principals are assigned to predominantly Negro schools, as are 11 of the 14 Negro assistant principals; 156 out of 181 Negro high school teachers are assigned to schools where Negroes constitute 92 percent of the total enrollment. Over 85 percent of the Negro elementary teachers instruct in schools having a preponderance of Negro pupils, and only 14 percent of teachers of the white race are in schools where Negroes are in the majority. The assignment of counsellors and coaches follows a similar pattern. The existence in your district of a substantial duality in terms of race or color with respect to distribution of pupils in the various schools, is a matter of concern to us. The fact appears to be that of a total of 5,627 Negro high school pupils, approximately 85 percent are concentrated in 3 high schools in which the percentage of Negro attendance ranges from 92.3 percent to 100 percent. Similarly, 15,479 (approximately 85 percent) Negro elementary pupils attend 20 out of the 53 110-Ex. Plaintiffs’ Exhibit 11A Plaintiffs’ Exhibit 11F elementary schools in your district. It is noteworthy that in 17 of these 20 schools, Negroes constitutes 90-100 percent of the total enrollment. Our review also indicates that students at Roosevelt High School are not afforded the same educational opportunity as other students in your system. PLAINTIFF'S EXHIBIT 11F [LETTERHEAD OF DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, OFFICE OF THE SECRETARY, WASHINGTON, D.C. 20201] October 14, 1970 Dr. Wayne Carle Superintendent of Schools The Dayton Public Schools 348 West First Street Dayton, Ohio 45402 Dear Dr. Carle: I am responding to your night telegram of October 8, 1970 to Dr. Henderson which has been referred to me for reply. In this telegram you request our interpretation of the under- lined [italicized] portion of the following stipulation contained in the DHEW Office for Civil Rights/Dayton Board of Educa- tion Agreement on faculty desegregation. “It is the intention of this Board that each school staff through- out the district will have a racial composition that reflects the total staff of the district as a whole.” During the 1969-70 school year when the agrecment to de- segregate the Dayton faculty and staff was negotiated and accepted by the DHEW Office for Civil Rights and the Day- ton Board of Education, the racial composition of the total 111-Ex. Plaintiffs’ Exhibit 11F Dayton professional staff was 70 percent white and 30 percent black. Consequently, we would expect that by September 1971, the professional staff at each elementary and secondary school subject to the jurisdiction of the Dayton Board of Education would reflect a racial composition of approximately 70 percent white and 30 percent black. With less than a year to go until the September 1971 deadline perhaps it would be useful to restate the legal basis on which the Dayton Board of Education is obligated to desegregate its teaching faculty. In Alexander v. Holmes County Board of Education, 396 U. S. 19 (1969), the Supreme Court unanimously agreed that school districts must end segregation “at once” and operate integrated systems “now and hereafter.” See also Northcross v. Board of Education of Memphis, 397 U. S. 232 (1970); Carter v. West Feliciana Parish School Board, 396 U. S. 290 (1960). This obligation to desegregate encompasses all facets of the opera- tion of an elementary and secondary school system, including the hiring and assignment of faculty. Green v. County School Board of New Kent County, 391 U. S. 433 (1968). The Supreme Court in United States v. Montgomery County Board of Education, 395 U. S. 225 (1969), reasserted the duty of a school district to desegregate totally its faculty and ap- proved an Alabama district court order which required sub- stantially the same ratio of Negro to white faculty in each school as the ratio of Negro to white faculty in the entire system. In Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211, 1217-18 (5th Cir. 1969), reversed on other grounds, 396 U. S. 290 (1970), the United States Court of Appeals for the Fifth Circuit required school districts to meet these same faculty ratio requirements. President Nixon in his March 24, 1970, Statement on De- segregation of America’s Elementary and Secondary Schools affirmed that segregation of teachers must be eliminated and asserted that “each school system in this Nation, North and South, East and West, must move immediately, as the Supreme 112-Ex. Plaintiffs’ Exhibit 11F Court has ruled, toward a goal under which ‘in each school the ratio of white to Negro faculty members is substantially the same as it is throughout the system.” A copy of the Presi- dent’s Statement is enclosed. Consequently, the Department of Health, Education, and Welfare, in its enforcement of Title VI of the Civil Rights Act of 1964, has adopted the same faculty ratio requirement which the Fifth Circuit mandated in Singleton, which the Supreme Court mandated in Mont- gomery, and which the President applied nationwide in his March 24, 1970 Statement. Finally, during 1969 the Dayton Board of Education concluded a voluntary but legally binding agreement with the Depart- ment of Health, Education, and Welfare’s Office for Civil Rights to desegregate its faculty and staff by September 1971. In agreeing to desegregate voluntarily, the Board waived its op- portunity for an administrative hearing on this Office’s finding of probable noncompliance. In return for the Dayton Board of Education’s agreeing to a negotiated settlement and fore- going a lengthy and costly administrative hearing, this Office, instead of requiring Dayton to transfer immediately many of its professional personnel, permitted a two year period for Dayton to desegregate gradually its faculty and staff and did not require as a condition of settlement that the Dayton School Board admit to the veracity of our March 1969 findings of noncompliance. If I can be of further assistance, please do not hesitate to contact me. Sincerely yours, /s/ FREDERICK T. CIOFFI Frederick T. Cioffi, Coordinator Northern and Western States Education Division Enclosure Office for Civil Rights cc: Chief State School Officer Regional Civil Rights Director 113-Ex. PLAINTIFF'S EXHIBIT 12 [LETTERHEAD OF STATE OF OHIO, DEPARTMENT OF EDUCATION, COLUMBUS 43215] June 7, 1971 Dr. Wayne Carle Superintendent Dayton Public Schools 348 West Fifth Street Dayton, Ohio 45402 Dear Dr. Carle: I am enclosing with this letter a report which has resulted from your earlier request that the Ohio State Department of Education prepare alternatives asked for by the Dayton Board of Education in its resolution of April 29, 1971. As you know, we had previously met with representatives from the Ohio State Department of Development, the Ohio State Department of Urban Affairs, the Ohio Education Association, the Ohio Civil Rights Commission, the Division of Equal Educational Opportunities, the Department of Justice, the Ohio State University, and other organizations, agencies, and individuals to discuss ways of providing such assistance to school systems in Ohio. Under dateline March 12, 1971, a report was forwarded con- cerning your earlier request for demographic development of Dayton City Schools enrollment projections for reorganized schools. A team of counsultants and specialists was formed and financed through our Office of Equal Educational Op- portunity to assemble data and make recommendations. Following your most recent request, this team effort was enlarged to include representativs from the Program for Equal Educational Opportunity at the University of Michigan and other university centers, During the weekend of May 7-9, 114-Ex. Plaintiffs’ Exhibit 12 1971, you, as Superintendent of Dayton’s public schools, mem- bers of your staff, and experts on school integration from Alabama, North Carolina, Virginia, Washington, D.C., Ohio, and Michigan met to discuss the Dayton schools’ problems, to plan strategies for change, and to outline suggestions for achieving the resolution’s goals. As the conference proceded, lengthy telephone conversations were held with other experts in Arizona, New Mexico, New York, Illinois, Indiana, Penn- sylvania, Wisconsin, and North Carolina. The attached docu- ment is one product of that conference and these conversa- tions. Persons selected for participation in the development of these recommendations were chosen by three criteria in their order of importance: (1) their credentials and backgrounds are im- pecable; (2) they are personally and professionally committed to quality integrated education; and (3) they are experts in such fields as school administration, curriculum, educational change, jurisprudence, educational planning and development, and human relations. Each person came at his or her own expense, and no reimbursement was either requested or offered. Many alternatives were suggested. Their range is indicated in this report. Numerous strategies, methodologies, techniques, and possibilities were discussed and catalogued. The team of ex- perts concluded that the resolution passed by the Board on April 29, 1971, was not one which could be dealt with ef- fectively in detail until the Dayton Board commits itself to one of the alternative policies suggested in this report — or to some other which may have been considered, but rejected, as a reasonable action that the Board could take. As the report suggests, in view of prevailing legal and moral circumstances (the realities referred to on pages 13 and 14), only the one alternative policy is deemed logical and feasible. Therefore, it is the one to which the team of ex- perts devoted their most serious attention. 115-Ex. Plaintiffs’ Exhibit 12 I recommend, therefore, the following: 1. That the attached document be transmitted as official recommendations from the Ohio State Department of Education to the Dayton Board of Education through their Superintendent; 2. That the Dayton Board of Education be urged to fulfill their collective duty to adopt the recommended policy immediately for correcting “the conditions that offend the Constitution;” 3. That the Dayton Board of Education be informed that if the recommended policy is adopted and ordered im- plemented — or an alternative policy that would achieve similar results — they can expect to receive continuing assistance from the Ohio State Department of Education and the consortium of other agencies, organizations, groups and individuals referred to above for com- pleting development of strategies, methodologies, and ways of achieving the goals stated in the April 29 resolution; and 4. That upon adoption of the policy by the Dayton Board of Education, the consortium of consultative services which helped to formulate this report be made available to assist the Superintendent and his staff in development of those administrative strategies, methodologies, and techniques essential for implementation of the policy. Once these have been developed formally, the “broadly representative committee” referred to in the Board’s reso- lution would be utilized to evaluate and to advise the Board on such plans. The request received from Dayton was twofold. I can re- port also to you that proposals for financial assistance are be- ing developed in accord with the Board’s request. A meeting was held today to follow progress of The Emergency School 116-Ex. Plaintiffs’ Exhibit 12 Assistance funds. Eligibility factors are still cloudy, but one certainly is a definite need for resolutions to be converted into policy statements! Since Dayton is the first of Ohio’s major urban school systems to take this important step toward fulfillment of some of the most basic of American ideals, I personally pledge my con- tinuing support to you and to the school children in Dayton for that fulfillment. I have also been asked to make that pledge for the entire team of persons who have contributed to the preparation of this report. Dr. Charles Glatt, who gave major direction to these two efforts, has just received official notice that a contract has been signed between the Ohio State University’s Research Founda- tion and the U.S. Office of Education for establishment of The Midwest Institute for Equal Educational Opportunities. As its Director, he also extends that pledge from The Midwest Institute. . Sincerely, /s/ ROBERT O. GREER Assistant Superintendent Urban Education ROG:mh cc: Members, Dayton Board of Education Administrative Staff [ATTACHED DOCUMENT] RECOMMENDATIONS OF THE STATE DEPARTMENT OF EDUCATION TO THE DAYTON BOARD OF EDUCATION School integration is a complex and difficult task; to suggest otherwise, would be naive. But it can be achieved by persons with courage, commitment and skill who have the political and professional support of major institu- tions inside and outside the school. There will be many 117-Ex. Plaintiffs’ Exhibit 12 times when people committed to integration will experi- ence anxiety, fear, doubt, hostility, and other equally unsettling emotions. Nagging questions will plague the dedicated educator about his effectiveness in creating inter-racial collaboration. This is natural. It is also im- portant to relax, to help yourself and your students accept and work within their own and the school’s limitations. Integration can be an enriching and rewarding process for both students and educators. We wish you good luck. The above paragraph, taken from Planning Educational Change; Integrating the Desegregated School, states succinct- ly and well the attitude of the Ohio State Department of Education toward the recent request for assistance from the Dayton Public School System for achieving those goals stated in the resolution passed by the Dayton Board of Education on April 29, 1971. THE BOARD'S POSITION. The Dayton Board of Education has passed various and sundry resolutions in recent years designed to equalize and to extend educational opportunities, to reduce racial isola- tion, and to establish quality integrated education in the schools. Many study sessions have been held with the ad- ministrative staff, with the community, and with experts from outside the school system. Numerous alternatives have al- ready been suggested, adopted, and in some instances imple- mented. The latest resolution, passed by the Dayton Board of Education on April 29, 1971, reads: WHEREAS the Dayton Board of Education recognizes that unequal educational opportunities for minority stu- dents now exist, and WHEREAS current resources available to the Board have been fully used to extend learning opportunities and are now stretched to their limit, and 118-Ex. Plaintiffs’ Exhibit 12 WHEREAS the Congress is considering the Emergency School Assistance Program that may supplement other funds for improving education and reducing racial and economic isolation. NOW, THEREFORE BE IT RESOLVED that the Super- intendent of Schools be authorized and directed to re- quest the assistance of the State Department of Education, Office of Equal Educational Opportunity, to provide tech- nical assistance for the development and submission to the Board of alternative plans for reducing racial and economic isolation of pupils and improving educational opportunities in the Dayton Public Schools, and for de- veloping proposals for outside funding to implement the same, subject to the approval of the Board. BE IT FURTHER RESOLVED that the President of the Board, in consultation with the Board, appoint a broadly representative committee to evaluate and advise the Board on plans that are developed pursuant to this resolu- tion; and to communicate with and seek the coopera- tion of civic, governmental, higher educational, religious, communications, labor, business, and other segments of the community in the Dayton area regarding such plans. The Ohio State Department of Education interprets that resolution to mean that the Dayton Board of Education in- tends, and indeed is legally committed to, achievement of the goals stated therein. The Dayton Board of Education is certainly to be congratulated for their commitment inasmuch as their posture on school integration is completely consistent with currently evolving history of our nation. The para- graphs below indicate that consistency. THE UNITED STATES SUPREME COURT. In 1954, the United States Supreme Court held that separate schools are inherently unequal (Brown vs. Board of Educa- 119-Ex. Plaintiffs’ Exhibit 12 tion.) In 1968, the Court required that “The burden on a school board today is to come forward with a plan that prom- ises realistically to work... now .. . until it is clear that state-imposed segregation has been completely removed.” (Green vs. County School Board.) Mr. Justice Black in 1969 commented: “My belief [is] that there is no longer the slight- est excuse, reason, or justification for further postponement of the time when every public school system in the United States will be a unitary one. . .” In 1971, the United States Supreme Court ruled unanimous- ly: “The objective today remains to eliminate from the public schools all vestiges of state-imposed segregation.” The Court also added, “The task is to correct, by a balancing of the individual and collective interests, the condition that offends the Constitution.” (Swann vs. Board of Education. ) THE CONGRESS OF THE UNITED STATES. The Congress’ most notable stand to date on this issue was the Civil Rights Act of 1964 and its later modifications. Most of the Legislative moves on social issues have been designed to correct, to protect, and to assure rights, privileges, and responsibilities of minority children, primarily because of the ill effects of racial isolation, insulation, and discriminaton on the minority child. Damage which results from such factors is not so neatly restricted. During April and May of 1970, the Select Committee on Equal Educational Opportunity of the United States Senate conducted extensive hear’xgs and collected evidence from a wide variety of researchers, scholars, educators, and other citizens. The basic results of that investigation have been con- densed into Section 2 of Senate Bill 683 (92nd Congress, Ist Session): “The Congress hereby finds that the segregation of schoolchildren by race, color, or national origin, whatever its cause or origin, is detrimental to all children and deprives them of educational opportunity: that conditions of such seg- regation exist throughout the Nation, and, as a result, substan- 120-Ex. Plaintiffs’ Exhibit 12 tial numbers of children are suffering educational deprivation; . . .” (Italics not in the original. ) THE EXECUTIVE BRANCH. Because of some lingering legal and judicial obfuscation, racism, and other related phenomena, all-black and all-white schools may persist into this nation’s future. Yet, the mode of future education in this nation has clearly been spelled out — our schools will be racially mixed, not those where Ameri- can children will be segregated by race. The President's Committee on Civil Rights, a quarter century ago, stated: “It is impossible to decide who suffers the greatest moral damage from our civil rights transgressions, because all of us are hurt.” Other presidents before Harry Truman had made similar statements, and those who have come after him have concurred. President Lyndon Johnson on November 17, 1965, stated in Racial Isolation in the Public Schools: Although we have made substantial progress in ending formal segregation of schools, racial isolation in the schools persists — both in the North and the South — because of housing patterns, school districting, economic stratification and population movements. It has be- come apparent that such programs are more subtle and complex than those presented by segregation imposed by law. On March 3, 1970, President Nixon stated: I am well aware that “quality education” is already being interpreted as “code words” for a delay of desegrega- tion. .. . We must never let that meaning take hold. Quality is what education is all about; desegregation is vital to that quality; as we improve the quality of educa- tion for all American children, we will help them im- prove the quality of their cwn lives in the next generation. 121-Ex. Plaintiffs’ Exhibit 12 Representatives of the Office for Civil Rights conducted a Compliance Review of the Dayton Public Schools during November of 1968. As one result of that review, a concern was expressed about evidence of racial segregation among the pupils in the Dayton Public School System: The existence in your district of a substantial duality in terms of race or color with respect to distribution of pupils in the various schools, is a matter of concern to us. The fact appears to be that of a total of 5,627 Negro high school pupils, approximately 85 per cent are concentrated in 3 high schools in which the per- centage of Negro attendance ranges from 92.3 per cent to 100 per cent. Similarly, 15,479 (approximately 85 per cent) Negro elementary pupils attend 20 out of the 53 elementary schools in your district. It is noteworthy that in 17 of these 20 schools, Negroes constitute 90-100 per cent of the total enrollment. On January 14, 1971, Mr. Stanly Pottinger, Director of the Office for Civil Rights stated in a memorandum to Chief State School Officers and School Superintendents: “Title VI of the Civil Rights Act of 1964 requires that students in a school district receiving Federal financial assistance be afforded edu- cational services free from discrimination on the ground of race, color or national origin.” THE NATIONAL EDUCATION ASSOCIATION, Principle 1, section 5, of the National Education Associa- tion's Code of Ethics states that the educator “Shall not on the ground of race, color, creed, or national origin exclude any student from participation in or deny him benefits under any program, nor grant any discriminatory consideration or advantage.” 122-Ex. Plaintiffs’ Exhibit 12 The president of the N.E.A., Helen Bain, recently stated: The time is now to enforce the “law of the land” by cutting off Federal funds from recalcitrant school dis- tricts which refuse to integrate, even if it means a tem- porary school shutdown. No schooling for a few months is preferable to the kind of degrading and dehumanizing situation whic! many thousands of children suffer daily in segregated schools . . . Each school district in the nation, in order to receive funds from any present or future Federal assistance program, should be compelled to submit a written statement of its commitment to the goal of “quality integrated education.” The Ohio Education Association is in complete opposition to segregation of schoolchildren on the basis of race, color, creed, or national origin. That opposition was stated clearly in the following resolutions passed by the 1970 Representa- tive Assembly of the O.E.A.: The Association believes that quality teaching is the basis of quality education for the boys and girls of Ohio. The Ohio Education Association believes that every child, regardless of race, creed, or national origin, has the inherent right to quality education. The Association believes in the justice of equal educa- tional opportunity within the state and within the na- tion with control constantly in the hands of local and state authorities. To this end the Ohio Education As- sociation earnestly supports the board general principles of the Ohio School Foundation Program and the federal laws that will accomplish the same for the nation. The Ohio education Association encourages local boards of education to employ qualified members of minority groups as professional staff members, as paraprofessionals, and as auxiliary personnel. 123-Ex. Plaintiffs’ Exhibit 12 The Ohio Education Association believes that when chil- dren and youth develop positive relationships with such persons, their appreciation of our country’s cultural and racial diversity will be enhanced. THE NATIONAL PARENT TEACHER ASSOCIATION. The following resolution was adopted by the National Parent Teacher Association, May, 1969: WHEREAS, The National Parent Teacher Association has resolved in its convention resolution “Equality of Opportunity” (1964) “to put forth every greater effort to assure that our constitutional guarantees of human dignity, freedom, and opportunity will prevail for all chil- dren” and has reaffirmed this in its convention resolution “The Rights of Citizens” (1965); and WHEREAS, in view of the deepening domestic crisis, and in recognition that inequities in education, housing, and employment still persist; therefore be it RESOLVED that the National Parent Teacher Association continue to develop leadership and programs to promote equal opportunity in education, housing, and employment. THE AMERICAN ASSOCIATION OF SCHOOL ADMIN- ISTRATORS. The Official Platform of the American Association of School Administrators states: As educators we believe — 1. That the primary purpose of education in the United States of America is the development of each indi- vidual for the fullest participation in the American democratic way of life. 2. That universal free education must be made avail- able to all peoples of every race, color, and creed 124-Ex. Plaintiffs’ Exhibit 12 in the interests of intelligent citizenship, world un- derstanding, and peace. 3. That the American democratic way of life can be perpetuated (a) through universal free education which provides equal opportunities and is fitted to the abilities, interests, and needs of each person and of the society in which he lives. In order that these principles may be realized, we, as school administrators, propose to work for — 8. The elimination of barriers that present full access to equal educational opportunity for all children and the provision of educational leadership in elimi- nating discrimination against any segment of our society. 125-Ex Plaintiffs’ Exhibit 12 (1) The disparity among school districts in re- sources available for public education. (2) The disparity among school districts in effort expended. (3) The disparity among school districts in the cost of providing comparable programs in ur- ban, suburban, and rural areas. (4) The higher cost of educating those children with exceptional needs of all kinds wherever found. (5) The extra cost of quality programs. c. achievement of an appropriate intergovernmental sharing of the cost of public education based on equitable measurement of need, effort, and re- sources. d. development of an equitable, efficient tax system that balances the progressive and regressive fac- THE NATIONAL SCHOOL BOARDS ASSOCIATION. tors in the various methods of taxation, in order The National School Boards Association adopted the fol- to provide adequate revenue for education with- lowing resolution during the NSBA Delegate Assembly at Mi- out inequitable tax burdens. ami Beach, Florida, April 12-15, 1969: The National School Boards Association urges that state school boards associations initiate and support, in co- operation with other responsible state-wide associations, continuous study and action programs to improve state laws related to the twofold task of raising and distributing tax revenue for public education. The solutions evolved should reflect concern for: a. programs designed to meet the education needs of all public school children. b. state aid formulas that compensation for such fac- tors as: THE DAYTON CLASSROOM TEACHERS’ ASSOCIATION. The Executive Committee of the Dayton Classroom Teachers’ Association passed the following motion unanimously at its April 12, 1971, meeting: WHEREAS: The Dayton Classroom Teachers’ Associa- tion has endorsed the concept of quality integrated edu- cation for all Dayton School children, and WHEREAS: The United States Supreme Court has de- creed that equal educational opportunity is an inherent right of all American Citizens, and 126-Ex. Plaintiffs’ Exhibit 12 WHEREAS: The President of the United States has as- serted his intention to enforce these constitutional rights, THEREFORE BE IT RESOLVED that the Dayton Class- room Teachers’ Association Executive Board demand that the Dayton Board of Education enter into negoita- tions with the United States Office of Education to de- velop and to adopt a comprehensive student plan that will result in the desegregation of the Dayton Public Schools... . Many other individuals, agencies, committees, commissions, associations, public bodies and organizations have taken the same basic stand in this country relative to racial discrimina- tion. The above statements are but a small sample of the movement in American society to assure that the American ideals become reality for all citizens. THE POSITION OF THE OHIO STATE DEPARTMENT OF EDUCATION. Section 7.06 of Division One of Drury’s Ohio School Guide serves as the preamble for the position of the Ohio State De- partment of Education’s position on this issue: Laws providing for the education of children are for the protection of the state itself. The primary purpose of the maintenance of a school system is the promotion of the general intelligence of the people constituting the body politic, and thereby to increase the usefulness and efficiency of its citizens, on which the government of so- ciety depends. Members of local boards of education, as lay men and women, often do not have time and opportunity to learn all they should know in order to function effectively in their elected or appointed positions. Consequently, they commonly rely on recommendations made to them by others who are 127-Ex. Plaintiffs’ Exhibit 12 also very busy, on public opinion, on the news media, and on various other sources for information basic to decision- making. An important aspect of educational mythology in America is the notion of “local control” of public schools. Al- though local boards of education have rather broad discre- tionary powers to formulate policy for many of the educa- tional activities in a given geographical area, those powers are delegated by the State. When a local board acts, it is acting as an arm of the State. In Ohio this has been explicitly clarified by the Legislature: The organization of the public school system of Ohio is by districts, each governed by its own board of edu- cation, which districts are organized to promote education and carry into effect the provision of the Constitution in respect thereto. A school district is a political organization unknown to the Constitution, the mere creature of legislative enact- ment, and organized as an agency of the state in main- taining its public schools, all of its functions being of a public nature. It is merely a geographical division of territory devised for the convenience of its inhabitants, and a mere territorial and political division of the state established exclusively for public purposes, and con- nected with the administration of local government, through a system of local management and control of the public schools. (Drury’s Ohio School Guide, Section 2.01, italics not in the original.) We add, parenthetically, that the phrases de jure and de facto are, in a very real sense, unknown to the Nation’s high- est court and its consistent interpretations of the Constitu- tion. Neither phrase has been utilized in any Supreme Court decision relative to schools except in Swann et. al. v. Char- lotte-Mecklenburg Board of Education et. al. (April 20, 1971), where the phrase “so called ‘de facto segregation’” appears. Other terms have been employed such as “dual schocl sys- 128-Ex. Plaintiffs’ Exhibit 12 tems,” “unitary school systems,” “separate but equal,” “ad- mission to public schools as soon as practicable on a non- discriminatory basis,” “state enforced discrimination,” “equal protection guarantees of the Constitution,” “powers to remedy past wrongs,” “equitable remedies to repair the denial of a constitutional right,” and “to correct . . . the condition that offends the Constitution.” The one phrase that has permeated every major Supreme Court ruling on desegregation of schools is “state imposed segregation by race in public schools which denies equal protection of the laws.” School districts are agencies of state government. They are created to carry out the constitutional requirement to provide a system of public education. A school district is a quasi-corporation. It is a political or civil divi- sion of the state; it is established as an agency or instru- mentality of the state for the purpose of facilitating the administration of government. Education is a government function. A school district functions in the execution of state government or state policy. It possesses limited powers. The powers, duties and liabilities of a school district are only such as prescribed by statute. It has not common law powers. Since education is a state function, completely under the control of the state legislature, except as it may be re- stricted by the state or or [sic] United States Constitution, the legislature may authorize the creation or alteration of school districts as state agencies in such manner as it deems advisable. Clearly, however, the legislature can- not directly administer the state educational system. It aust create agencies to carry out its policies and must delegate to them much of its authority. (Ibid. ) Each member of the Dayton Board of Education either swore or affirmed that he or she would support the Constitu- tion of the United States and the State of Ohio, and that he 129-Ex. Plaintiffs’ Exhibit 12 or she would faithfully and impartially discharge his or her duties to the best of his or her ability. The Board is a con- tinuing arm of State government, regardless of its constituent membership at any particular point in time. As the resolution of April 29, 1971, admitted, “the Dayton Board of Education recognizes that unequal educational op- portunities for minority students now exist.” Inequality of such opportunities, for minority and majority students, has char- acterized the Dayton public school system throughout its his- tory. aie the Board, as an agency of state government, has created the inequality which offends the Constitution, the Ohio State Department of Education must advise that the Dayton Board of Education clearly has an affirmative duty to comply with the Constitution; that is, as the Supreme Court has stated, “to eliminate from the public schools all vestiges of state-imposed segregation.” The Court added to that re- mark: Segregation was the evil struck down by Brown I as contrary to the equal protection guarantees of the Con- stitution. That was the violation sought to be protected by the remedial measures of Brown II. That was the basis for holding in Green that school authorities are “clearly charged with the affirmative duty to take what- ever steps might be necessary to convert to a unitary system in which racial discrimination would be elimi- nated root and branch. (Swann v. Board of Education, op. cit., Section III; italics not in the original. ) Lest any doubt remain that the Dayton Board of Education has such an affirmative duty, the Supreme Court’s own check list is presented here: In Green, we pointed out that existing policy and prac- tice with regard to faculty, staff, transportation, extra- curricular activities, and facilities were among the most 130-Ex. Plaintiffs’ Exhibit 12 important indicia of a segregated system. Independent of student assignment, where it is possible to identify a “white school” or a “Negro school” simply by reference to the racial composition of teachers and staff, the quali- ty of school buildings and equipment, or the organiza- tion of sports activities, a prima facie case of violation of substantive constitutional rights under the Equal Pro- tection Clause is shown. When a system has been dual in these respects, the first (italics not in the original) remedial responsibility of school authorities is to eliminate invidious racial distinc- tions. The construction of new schools and the closing of old ones is one of the most important functions of local school authorities and also one of the most complex. They must decide questions of location and capacity in light of population growth, finances, land values, site availability, through an almost endless list of factors to be considered. The result of this will be a decision which, when combined with one technique or another of student assignment, will determine the racial composi- tion of the student body in each school in the system. Over the long run, the consequences of the choices will be far reaching. People gravitate toward school facili- ties, just as schools are located in response to the needs of people. The location of schools may thus influ- ence the patterns of residential development of a met- ropolitan area and have important impact on composi- tion of inner city neighborhoods. In the past, choices in this respect have been used as a potent weapon for creating or maintaining a state- segregated school system. In addition to the classic pat- tern of building schools specifically intended for Negro 131-Ex. Plaintiffs’ Exhibit 12 or white students, school authorities have sometimes since Brown, closed schools which appeared likely to be- come racially mixed through changes in neighborhood residential patterns. This was sometimes accompanied by building new schools in the areas of white suburban expansion farthest from Negro population centers in or- der to maintain the separation of the races with a mini- mum departure from the formal principles of “neigh- borhood zoning.” Such a policy does more than simply influence the short-run composition of the student body of a new school. It may well promote segregated residential patterns which, when combined with “neighborhood zon- ing,” further lock the school system into the mold of separation of the races. In ascertaining the existence of legally imposed school segregation, the existence of a pattern of school construc- tion and abandonment is thus a factor of great weight. (Ibid., Section IV; except for names of court decisions, italics were not in the original. ) The Ohio State Department of Education congratulates the Dayton Board of Education for being the first of the State’s large urban school systems to move affirmatively toward elimination of racial isolation and its evil effects. The de- sire to move beyond just that and to deal affirmatively with economic isolation is even more commendable. As one lady said to the Board in a recent meeting, “if it ever was a time when we need to get together, now is the time.” The State Department of Education presents its suggested alternatives and recommendations to the Dayton schools based on three “realities” of contemporary America: 1. The laws of the State of Ohio as they relate to the Board’s duty. (“It is unlawful for a board of educa- tion to provide separate schools or classes in the pub- lic school system because of the racial origin, creed, or color of the pupils. A superintendent of schools, 132-Ex. Plaintiffs’ Exhibit 12 and a board of education, has no legal authority to make any distinction because of such matters in the assignment of pupils to schools, or the determina- tion of the boundary lines of school areas. While the discretion of a board is broad, it does not extend to segregation of pupils on grounds of race or color. The repeal of the former law in this state providing for separate schools for colored children clearly showed the intention of the legislature to take away from the boards of education any such distinction between white and colored children.) (Drury, op. cit., Section 7.47.) 2. The Constitutional requirements spelled out in the Supreme Court decisions related to guarantees of equal protection for all American citizens. (In Swann v. Board of Education, the statement was made: “Nearly 17 years ago this Court held, in explicit terms, that state-imposed segregation by race in public schools denies equal protection of the laws. At no time has the Court deviated in the slightest degree from that holding or its constitutional underpinnings.”) 3. The lack of opposition to the intent of the Board's resolution of April 29, 1971. The first two of these realities have been examined at some length previously in this document. Number 3 has also been documented amply. Some members of the currently composed Dayton Board of Education have consistently and persistently pursued a policy of eliminating racial and economic isolation, of equalizing and extending educational opportunities for all children, and of establishing stable, quality, integrated schools. Other members of the Board have been less outspoken in such support for these goals, yet have consistently and persistently denied their opposition to integrated education. Even those who have been less articulate in their positive support for 133-Ex. Plaintiffs’ Exhibit 12 integration have introduced resolutions to the Board with sec- tions such as the following: Be it therefore resolved, that the policy of this 1970 Board of Education shall be as follows: 1. That every reasonable and constructive means that can be effected will be taken for the ultimate elimina- tion of racial imbalance in our neighborhood schools.” The Superintendent of Dayton’s public schools has given unwavering support for accomplishment of these goals, often in the face of devious and outspoken efforts to thwart their attainment. His administrative staff has also supported the quest for such fulfillment of goals. Even one of the most ver- bal of the Superintendent’s staff, the President of the Serv- ing Our Schools committee, stated in an interview reported in the Dayton Daily News on April 28, 1971: “I’m never against any kind of change if it proves to be for the better- ment of the child in the community, . . . I think the school is run on a philosophy. Changes come under that philosophy. Of course, it’s quality education for all.” (Italics not in the original. ) Support in the community for quality integrated education is strong. No one denies their support for that goal. At the March 18, 1971, meeting of the Dayton Board of Education a local pastor was called upon by one board member to speak for the East Dayton community. To the entire Board of Education he stated: “We feel that you are hiding behind the vicious smoke screen that we do not want integration. That is not so... . I totally reject such a statement.” Every voice that has been raised publicly in the Dayton community has expressed support for integrated education. The major obstacle appears to be the selection of methods and strategies for achieving the goal. In view of these positive attitudes and commitments, Ohio laws, and Supreme Court rulings, the following alternatives are suggested. All have 134-Ex. Plaintiffs’ Exhibit 12 been proposed, discussed, and evaluated by various indi- viduals and groups in the community during the past several years. ALTERNATIVES FOR REDUCING RACIAL AND ECO- NOMIC ISOLATION OF PUPILS AND IMPROVING EDUCATIONAL OPPORTUNITIES IN THE DAYTON PUBLIC SCHOOLS. 1. The Board could choose to do nothing. The Board could assume the posture that the Dayton School District has done nothing nor has permitted anything to be done which has led to segregation of children. However, the Board has publicly gone on record as desiring quality integrated education and has publicly admitted that the district is guilty of practices which have led to segregation of schoolchildren. The Ohio State Department of Education recommends that the Dayton Board cannot take this stance, but rather that the board has an affirmative duty to correct those practices and policies which offend the Constitution. 2. The responsibility could be passed to the 1972 Board of Education. Inasmuch as voters in the Dayton School district will be selecting persons again in November of 1971 to con- stitute the Board after the year’s end, the current Board members may not want to be the individuals who collectively will initiate a legally and morally proper course of action, one based on the most fundamental ideals and principles for which this nation was founded. The currently composed Board could elect to pass the torch and, in effect, abdicate their responsibilities. However, regardless of who occupies the seats, guilt has been evidenced and the corrections must be made. 3. All incumbent Board members could resign. Responsibili- ty for achieving the ideals could be returned to the State where ultimately it belongs. Ohio law permits this to occur and specifies the method. “If the board of education of any 135-Ex. Plaintiffs’ Exhibit 12 city, exempted village, or county school district fails to per- form the duties imposed upon it. . . the probate court of the county in which such district is located, upon being advised and satisfied of such failures, shall act as such board and perform all duties imposed upon such board.” ( Drury, op. cit., Statute 3313.85. ) 4, Delaying tactics could be continued. The Board, in spite of resolutions and overt commitment, could choose to make only the lightest mandated changes, and to utilize the best legal talent available to resist compliance with constitutional requirements. Other school districts have chosen this alterna- tive, even as Dayton has used similar methods in the past. However, the highest court in the land has stated the con- stitutional offensiveness of state-imposed segregation of school- children, and persisting delay clearly violates the oath of office of members of the Board of Education in the state of Ohio. 5. Existing policies could be magnified and expanded. For example, the Dayton Board of Education could expand the freedom of enrollment policy and pay the transportational costs for those youngsters who elect to make the majority-to- minority transfer. This is permissible as one aspect of a com- prehensive plan according to the Supreme Court. “In order to be effective, such a transfer arrangement must grant the transferring student free transportation and space must be made available in the school to which he desires to move.” (Swann vs. Board of Education, op. cit., Section V). However, Ohio law “does not grant to pupils the right to select the particular school to be attended within the district of his residence.” (Drury, op. cit., Division One, Section 7.04.) 6. Some racially identifiable schools could be preserved. All-black and all-white schools may be allowable in certain instances because of residential patterns or because of psycho- logical needs of persons who are willing to pay the costs of such volunteer segregation. If that course is followed, the Board should study carefully Section V, part 2, of the Swann 136-Ex. Plaintiffs’ Exhibit 12 vs. Board of Education ruling by the United States Supreme Court before making such a decision. 7. The Board could seek a mandate from the Courts. For example, the Board could elicit the help of citizens or citizen- ry groups to prepare a legal suit against the Board as an agency of state government and give to them all of the evi- dence and help necessary for winning the case in Court. In view of the Board’s resolution, however, this does not ap- pear to be a necessity. The Board again is to be commended for attempting to accomplish voluntarily what is legally and morally proper since the Board apparently intends to fulfill its affirmative duty to do more than just remove those vesti- ges of state-imposed segregation which offend the Constitution. 8. Elimination, renovation, and construction of buildings could become the major vehicle for accomplishing the goals. Older buildings could be eliminated and newer ones expanded or constructed in areas where, by design, they could easily be integrated racially and economically. Lack of financial resources currently seems to prohibit this alternative from becoming such a vehicle in the near future. 9. The Board could opt for utilization of the “voucher” plan. Some monies are available through the United States Office of Education under the so-called “voucher” plan. The Super- intendent could be directed to seek such finding and also to ask the Ohio State Legislatures for permission, in effect, to close the public schools and to provide finances for students to select their own facilities for educational experiences. The conflict between Federally sponsored innovative programs and the legislatively imposed duties and responsibilities of school boards in Ohio seems to preclude this alternative as one that merits serious attention. 10. The Board could require racial balance of students in each school. Through the legally hinding contract negotiated be- tween the Dayton Board of Education and the Office for Civil 137-Ex. Plaintiffs’ Exhibit 12 Rights, each school’s faculty will be composed of approximately the same proportion of black to white as characterizes the entire system. With slight modifications, that was the policy adopted by the Board of Education in Charlotte-Mecklenburg North Carolina, for both faculties and students. And, quite legally, any board of education could adopt such a policy. At least four factors suggest this to be an unreasonable alternative for the Dayton school district: a. The United States Supreme Court, in Swann vs. Board of Education, stated: “The Constitutional command to desegregate schools does not mean that every school in every community must always reflect the racial compo- sition of the school system as a whole.” b. Although exact mathematical formulas may be easy to derive and even to implement, they are very difficult to maintain. Unforeseen events such as population movements, accidental or deliberate destruction of build- ings, changes in rates of student attrition, or develop- ment of attractive private schools can easily turn the school administrator's role into a very difficult one if racial balance of students becomes the system’s policy. c. The financial costs of exact racial balance could become prohibitive, especially if additional transportation is re- quired. d. The Supreme Court again has stated: “An objection to transportation of students may have validity when the time or distance of travel is so great as to risk either the health of the children or significanctly impinge on the educational process.” (Ibid. ) ll. The Board could adopt as policy the “parameters” con- cept. During December of 1970 a series of three study ses- sions was held between the Dayton Board of Education, the administrative staff, and other invited personnel. In one sec- tion of the document entitled Integrated Education produced 138-Ex. Plaintiffs’ Exhibit 12 for those sessions an approach to strategies for accomplish- ment of these goals was recommended: “Parameters and the Future.” The purpose of that presentation was to recommend changes in the Dayton School District’s organization that were designed to improve the quality educational experiences and to equalize and to extend opportunities for those experiences. After searching for, cataloguing, and examining the other al- ternatives described above, the Ohio State Department of Education officially recommends to the Dayton Board of Edu- cation the basic ideas employed in development of “Parameters and the Future” as the most reasonable and educationally sound of those: policies which the Dayton Board could adopt. If that posture is assumed by the Dayton Board of Education, acting as an agency of Ohio State Government, a compre- hensive plan can then be developed for implementation of the policy which will be constitutionally valid and inoffensive, educationally sound, and morally proper. An overview of such a plan is presented here; details, of necessity, can be developed only after the Dayton Board of Education has officially de- cided its course of action. AN OFFICIAL RECOMMENDATION TO THE DAYTON BOARD OF EDUCATION FROM THE OHIO STATE DEPARTMENT OF EDUCATION FOR REDUCING RACIAL AND ECONOMIC ISOLATION OF PUPILS AND IMPROVING EDUCATIONAL OPPORTUNITIES IN THE DAYTON PUBLIC SCHOOLS. Basic assumptions. This document is presented on the fol- lowing basic assumptions: 1. That many of a child’s most important lessons are learned very early in life, especially those affective learnings which shape values, attitudes, appreciations, interests, and aspirations; 139-Ex. Plaintifis’ Exhibit 12 . That students in the Dayton public schools are living and learning in a community that currently is charac- terized by social and geographical insulation and isola- tion as these relate to race and economy. This results in a form of cultural conditioning that impedes and re- stricts inter-racial understanding, appreciations, and co- operation; . That schools, as suggested by the United States Supreme Court, cannot be separate and equal. More importantly, children isolated racially and economically in schools cannot learn the most essential lessons needed for effec- tive participation in a democratic society; . That as occupational opportunities are expanded for per- sons who previously have been economically restricted, other national goals such as increased vocational oppor- tunities and open housing will be accomplished. Yet, the schools cannot wait on other agencies of government and societal institutions; educational institutions, by a series of legal and judicial thrusts, have been positioned on the front edge of social change. If the schools’ leader- ship fails, both white and black neighborhoods are apt to become “embalmed ghettoes;” - That the occupational, political, social, and higher edu- cational world to which Dayton’s young people will graduate will be one in which inter-racial experiences are commonplace and ordinary; . That the problems inherent in racial and economic isola- tion cannot be solved unless an appreciable proportion of minority children are involved, whether they be black in previously all-white schools, or white in previously all-black schools; . That in order for any intermediate steps to be success- ful, commitment to the final goal of ending racial and economic isolation and insulation is essential; 8. 140-Ex. Plaintifis’ Exhibit 12 That if the schools’ task of preparing young people ap- propriately and adequately for adulthood is to be achieved in Dayton, racial and economic isolation and insulation in the public schools must be eliminated root and branch, and That a plan should be designed (1) to improve the quality of educational experiences as the opportunities for educational experiences are equalized and extended; (2) to eliminate racial and economic isolation and insul- ation as completely as possible; (3) to involve all facets of the total educational enterprise in pursuit of a com- mon goal; (4) to provide opportunity for involvement in the decision-making process to those persons most di- rectly affected by the changes which result; and (5) to provide for future planning and development that will minimize the possibilities of racial and economic isolation and insulation redeveloping. Factors influencing a comprehensive plan. Plans designed to eliminate racial and economic isolation and insulation in the Dayton School District must take into account the following factors: 1. With few, if any, exceptions currently existing school building are structurally sound and usable. A practically impenetrable residentially segregated liv- ing pattern of blacks and whites exists in the school district. About 80 per cent of all black students reside in the area bounded by Wolf Creek on the North and the Miami River on the East. The residential districts North, North- east, and due East of this area are almost 100 per cent white, with the exception of the changing Dayton View neighborhood immediately north of Wolf Creek. Attitudes of polarization and separatism apparently are 141-Ex. Plaintiffs’ Exhibit 12 growing among some black and some white se t the population; Root . Recent school elections, tax levies, and bond issues seem to indicate an extremely conservative community atti- tude in some sections of the city. The ideals and commitments which are deeply em- bedded into the American way of life by the Constitu- tion of the United States, by Congressional enactments by Executive decrees, and by Judicial decisions. The potential impact that decisions made in 1971 will have on longer ranged plans and the future of public education in the Dayton Metropolitan Area. The affirmative duty that the Dayton Board of Educa- ton, as an agency of state government, has to correct inequities from the past and to preclude the possibility of similar inequities developing in the future. Criteria for educational development. For practical reasons future educational developments in Dayton should be made in view of the following criteria: 1. 2. F or budgetary reasons, a feasible plan should require a minimum of school plant conversion. For the same reasons, transportation costs and the time involved in transportation should be minimized. School developmental plans should provide for full op- portunities for leadership and extracurricular experi- ences for all pupils. Plans to eliminate racial and economic isolation and insulation should also incorporate components which can take advantage of public transportational patterns. Plans to eliminate racial and economic isolation should provide workable parameters within which to operate. 142-Ex. Plaintifis’ Exhibit 12 These parameters should reflect the assumption that an appreciable number of minority children are involved in all of the schools. Components of the plan. Improvement of educational quali- ty and elimination of racial and economic isolation in schools are a series of interrelated processes that involve all aspects of the educational process. Deliberate planning in many areas is essential to success, and success has to be planned for and built into the plans. The major components included here are: 1. Community involvement. 2. Students a. Elementary schools b. Middle schools c. Secondary schools Teaching faculties School staffs Central Office staff Curriculum In-service development Staff recruitment Buildings and facilities Finance SOON M WP —_ Stages of implementation. If simple mixing of physical bodies as a means of satisfying social and political pressures had been the intent of the Dayton Board of Education, de- velopment of a plan for achieving that goal would have been an easy task to be accomplished in one fell swoop. However, improving the quality of education, eliminating racial and eco- nomic isolation and insulation, unifying efforts in pursuit of a common goal, involving persons affected by changes in de- cision-making, and minimizing possibilities for isolation and in- sulation to redevelop are not easy tasks nor can their achieve- 143-Ex. Plaintiffs’ Exhibit 12 ment be a simple one-step process. Several stages of imple- mentation should therefore be expected. Methods. The means, strategies, methodologies, and tech- niques whereby the goals subscribed to in this document can be achieved are limited only by vision, imagination, commit- ment to quality in education, and concern for children. No one method could begin to accomplish these goals, and any one method independent of others would at best be tokenism. The recommendation is made here that a wide variety of citizens, teachers, learners, and facilitators of learning be in- vited to discuss and to recommend methods to supplement those suggested herein. Quality education has sometimes been interpreted as a learn- er sitting at the feet of a master teacher and receiving knowledge and wisdom from that master teacher. A more realistic view of quality education, one supported by a century of experimentation, research, and study indicates that young- sters learn through transaction with all components of the educational environment. The Dayton Public Schools have to some extent been committed to this latter view. Some of the environmental components might be illustrated by the dia- gram on the following page. A plan for Dayton’s schools compatible with the preceding sections of this document ought also to be based on these premises: 1. That each child should have access to the best teachers available; Z. That many of the most important lessons essential, for participation in a democratic society are those which youngsters learn through transactions with other students; 3. That physical facilities exert notable influence on learn- ing; 4, That accessibility to unbiased learning materials is es- 144-Ex. Plaintiffs’ Exhibit 12 sential to improvement in quality of educational ex- perience; 5. That curricular development must be a continuing pro- cess influenced by national goals, community needs, in- dividual aspirations, and sound learning theory; 6. That when the school and the community harmonize their efforts, the potential for improvement of educational quality is best enhanced; and 7. That maximum learning achievements can be expanded for all children as efforts are made to provide better education for previously disadvantaged children. Community Involvement. This document recommends for future educational planning that the people who comprise the greater Dayton community be involved more than they have been previously in the activities of the schools. Current efforts can be expanded and innovative practices can be imple- mented. | The following recommendations are made specifically for immediate implementation if this plan is adopted as policy by the Board of Education: 1. A community advisory committee be established to be composed of the wide range of persons suggested in the April 29, 1971, Board resolution. 2. The community advisory committee be asked specifically to perform the following task: to establish dialogue with the citizens they serve in the community as a means of eliciting suggested methods for implementing those facets of the plan which involve: public relations community support for the schools elimination of racial and economic isolation in all white and all black neighborhoods, promotion of good human relations in the schools, and 145-Ex. Plaintiffs’ Exhibit 12 coordination of social action between school and community - The Citizen’s Advisory Councils for each public school in Dayton be requested to sponsor open forums to elicit recommendations from parents and other citizens for methods of implementing pertinent facets of this plan. . The Community Advisory Committee and the Citizens Advisory Councils be asked: a. to report their initial recommendations to the Super- intendent of Schools no later than six weeks after appointment of the Advisory Committee; and b. to report recommendations that relate to longer ranged goals established by the Board no later than six months after appointment. . The Superintendent of Schools be charged with the re- sponsibility of: a. reporting within one week after Board adoption of suggested policy to the citizens of the Dayton area via television, radio, the press, and other media the essential components of this plan; and b. requesting that other citizens who are willing to offer suggested methods for implementation of the plan submit their suggestions to the Superintendent’s office by postal service within one month after Board adoption. - Recommendations received from these groups and or- ganizations for implementation of the plan be channeled by the Superintendent to appropriate school authorities and study committees for evaluation and possible in- corporation. Other Components of the Recommended Policy. The docu- ment, Integrated Education, introduced to the Dayton Board of 146-Ex. Plaintiffs’ Exhibit 12 Education in December, 1970, included an outline of the other components of the recommended policy. Repetition here is not necessary. However, the following activities and goals are stated explicitly as part of this formal set of recommendations. 1, Any change in the racial and economic composition of a given school’s student population between the date that this document is received and September, 1971, should be toward reduction of racial and economic isola- tion, or toward the system-wide proportion of black to white and affluent to poor. 2. Any additional methods deemed educationally sound and economically feasible by the Superintendent and his staff which can reduce racial and economic isolation should be implemented. 3. By no later than September of 1972 the student racial composition of each of Dayton’s public schools will be within the general parameters of fifteen per cent plus or minus the averages of black students in the elementary, middle, and high schools. (Judge James B. McMillan stated in Swann vs. Board of Education: “The assump- tion . . . that a school is desegregated when it has as many as 10 per cent of a minority race in its student body is not accepted by the Court, and neither the Board nor the Court should be guided by such a figure.” The United States Supreme Court upheld his view unanimously. ) 4, A team of outside consultants with appropriate experi- mental backgrounds should be invited to review: a. all existing policies of the Dayton Board of Education to determine their appropriateness for an economi- cally and racially integrated school system and to make recommendations for needed changes in those policies; 147-Ex. Plaintiffs’ Exhibit 12 b. all existing administrative procedures of the Dayton school system to determine their appropriateness for an economically and racially integrated school system and to make recommendations for needed changes in those procedures; and c. all handbooks, directives, and administrative pro- cedures being utilized in individual schools to de- termine their appropriateness for economically and racially integrated schools and to make recommenda- tions for needed changes. 5. The administrative staff, in conjunction with outside consultants, should continue to develop and to have ready as soon as possible proposals for obtaining funds to help finance implementation of this comprehensive plan. Such proposals should be developed for possible acquisition of funds from a wide variety of sources including, but not limited to, the Federal government. . The divisions and apparent animosities which have char- acterized many of the activities of the Dayton Board of Education in the recent past should be placed aside, and, as an arm of the Ohio State government, the Board should move immediately and affirmatively to adopt as policy and to order implemented into practice this recom- mendation for achieving the goals stated in the Board’s resolution of April 29, 1971. . On January 15, 1971, a request was presented to the Ohio State Department of Education from the Dayton school district for consultation and assistance in reor- ganizing the system to include middle schools. A set of recommendations from the Ohio State Department of Education relative to that request was transmitted to the Dayton school district along with a letter dated March 12, 1971. On page 5 of those recommendations, under Alternative 5, section f, the following statement appeared: 148-Ex. Plaintiffs’ Exhibit 12 In. areas of the school district where surrounding housing patterns are racially segregated, any set of schools involved in the conversion process should be designated as “magnet” schools and at least fifteen (15) per cent of the classroom and other space and facilities of the schools should be reserved for -vol- untary transfers by minority students as the admin- istration may deem necessary to relieve overcrowd- edness or to implement programs designed to meet special needs. That particular recommendation apparently was ignored by the Dayton Board of Education. Of the five sets of schools currently involved in the process of conversion to feeder and middle schools, the following seems to be occurring: 1. two sets of schools will be totally black; 9. racial isolation will actually be increased in one set of schools; and a“ 3. only in the Dayton View area, which was previously integrated, could conversion to middle schools possibly result in reduction of racial and economic isolation and insulation. If what appears to be happening with middle schools is in fact happening, then Dayton has only added one more action to a long list of state-imposed activities which are offensive to the Constitution and which are degrading to schoolchildren. Along with many other affirmative duties which the Dayton Board must fulfill, correction of this particular offense must occur. This report concludes with statements made recently by three men who won the governorships of states in the South. James Earl Carter, Jr., 76th Governor of George, said: “T say to you quite frankly that the time for racial discrimination is over. Our people have already made this major and difficult 149-Ex. , Plaintiffs’ Exhibit 12 decision. No poor, rural, weak, or black person should ever have to bear the additional burden of being deprived of the opportunity of an education, a job or simple justice.” On January 17, 1970, the first Republican Governor in neav- ly a century said in his inaugural address to the people of Virginia: “Let the goal in Virginia be an aristocracy of ability, regardless of race, color, or creed.” In Arkansas, Dale Bumpers’ avowed reason for entering the gubernatorial race was to prevent segregationist and former governor Orval Faubus from regaining office. He asked, “How could I face my children and grandchildren if I allowed that to happen without a fight?” The Dayton Board of Education again is to be commended for the action it is taking an affirmative stand to correct seg- regation which has been imposed on schoolchildren in the district. Accomplishment of the goals will not be easy. De- feat is possible if strength falters or if commitment fails. Gov- ernor Bumpers’ statement can be paraphrased for the Dayton Board of Education: “How could you face your children and grandchildren if you allow that to happen?” Finally, the Ohio State Department of Education recom- mends that the model for staff, student, and community de- velopment currently being planned for Project Emerge in the West Dayton area become the pattern for the entire district. Only two components of that model are presented here (staff and community) since final development of the third com- ponent must await action by-the Dayton Board of Education relative to integration of students. A preliminary outline is attached to this set of recommendations. 150-Ex. PLAINTIFFS’ EXHIBIT 13A Mr. Robert Kline, Chairman Board of Education, City of Dayton 348 W. First Street Dayton, Ohio 45402 Sir: In May, 1954, the Supreme Court of the United States held, in the now historic Brown vs. Kansas City School Board case, that . . . “to separate them (Negro Children) from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. We conclude that in the field of public education the doctrine of “separate but equal” has no place. Separate educational facilities are inherently un- equal.” Within the City of Dayton, those schools located in the area bounded on the North by Wolf Creek, on the South by Nicholas Road, on the East by the Great Miami River, and on the West by Oberlin and Elkins Avenues are as “segregated” in fact, as they would be under the force and effect of the law. Further, all of the debilitating effects of the “separate but. equal” school system of the Southern states exist and accrue to the permanent disadvantage of the predominantly Negro students of the schools in the above area. In the 10 year period since the Supreme Court Ruling, there has been a marked absence of any definitive action or program by the Dayton School Board to abolish segregation in the City’s schools. In fact, the observable actions of the school board have solidified the patter of segregation. The locating of the new Dunbar High School in the middle of one of the worst “slum areas” in the United States and in an all-Negro school district is a case in point. More recently, the construc- 151-Ex. Plaintiffs’ Exhibit 13A tion of McNary Elementary School in an all-Negro community can only be interpreted as a deliberate plan on the part of the school board to perpetrate segregation in Dayton’s schools. We are aware of the fact that housing segregation con- tributes to school desegregation. But the opposite is also true. White Suburbia could become integrated if school boundaries were redrawn to include Negro residents. Analyses and rationalizations which justify maintaining the status quo are no longer acceptable. The problem can no longer be dismissed with a glib answer. Negro parents and Negro students demand changes. School segregation, whether de facto or de jure, permanently handicaps the Negro. The problem is intricate and complex and there are no simple solutions. The responsibility is clearly yours to find solutions. What action are you taking, and what plans have you formulated to solve this problem? The upgrading of teachers and facilities within the segregated.schools (and there is no evidence of even this) is not a satisfactory long term solution since “separate” never really becomes “equal.” We invite the urgent attention of the entire board and administrative officials to this matter and request your prompt reply concerning your proposed plan of action. Dayton Alliance for Racial Equality Charles E. Tate, Chairman 529 Gramont Avenue Dayton, Ohio 45407 cc to: Mr. Robert French 152-Ex. PLAINTIFFS’ EXHIBIT 13B [LETTERHEAD OF THE DAYTON PUBLIC SCHOOLS] October 19, 1965 To: Members of the Board of Education From: Robert B. French, Superintendent At the recent meeting of City School Superintendents in Memphis, the chief topic of discussion centered around the encroachment of the federal government in local schools. Four cities have been warned that they are in violation of the Civil Rights Act, but these cities have been unable to find out in what way they are in violation. These cities feel that they have been found guilty by the press and television and have had no chance to answer allegations. The Commissioner of Education, when asked to give guide lines for integration, was unable to do so except to say that he would expect new construction to be so placed that it would facilitate integration. Another subject of considerable interest was the growing militancy of teachers’ organizations and their tendency to want to deal directly with the Board of Education in all matters. The most talked about type of school organization for the future is the Kindergarten-4, 5-8, and high school 9-12. Jack Crowther, Superintendent at Los Angeles, gave a graphic account of recent riots and how the schools coped with the situation. Memphis is one of the modern southern cities. It has ex- perienced rapid growth and construction is going on on all fronts. They have recently completed a 40,000 seat stadium, large field house and a modern Board of Education building, housing one of the most sophisticated data processing systems in the country. | 153-Ex. PLAINTIFFS’ EXHIBIT 13N [LETTERHEAD OF NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE] November 15, 1954 Mr. Robert B. French, Superintendent of Dayton Public Schools, and Members of the Dayton Board of Education 232 North Main Street Dayton 2, Ohio Dear Mr. French and Board Members: Some months ago, the Dayton Branch of the National Asso- ciation for the Advancement of Colored People, requested that you re-examine the patterns of segregation that existed in our Dayton schools in the light of the May 17th, Supreme Court decision out-lawing segregation in public schools. This request was not made exclusively for any special benefit that would accrue to the Negro child or teacher as such, but rather on an over-all benefit to all Dayton, in that our great City, who has demonstrated time after time that it could meet and conquer any industrial or community challenge; can also meet the challenge hurled at our City by our Supreme Court when it unanimously said: “We have now announced that segregation is a denial of equal protection of the law. Segregation which separates them from others of a similar age and qualification solely because their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely to be undone.” Chester Bowles, ex-Governor of Connecticut, and former Ambassador to India said, “The question asked over and over from Lebanon to Japan by two-thirds of our world’s popula- tion: Its racial discrimination against your own colored citi- 154-Ex. Plaintiffs’ Exhibit 13N zens. The colored peoples of the world simply cannot think about the United States without considering bitterly the limita- tions under which 15,000,000 Americans with colored skins are living. Mr. Bowles went on to remind us that just recently Secretary of Defense Charles E. Wilson whose business genius Dayton and the world reveres and respects, ordered an end to all segregation of school children on all U. S. Military posts by September 1, 1955. It is interesting to note that all segregation in the United States Army has ended ahead of schedule. Mr. Bowles goes on to say: Moreover, any fair minded student of the facts must agree that the inability of the South to solve fully its profoundly difficult problem is no worse than the inability of the rest of the Country, under far easier circumstances to clear up its own shoddy record. To those of you who may think that the American Negro is impatient, we would like to remind you that on January 1, 1963, we will celebrate 100 years of emancipation. How far we will have come by the close of that century toward full freedom for all Americans? Any great change takes time, but 100 years is a long, long time. In these days, it seems long enough to accomplish almost anything. A century ago, half the world was dominated by European masters, our Pacific west was being opened to settlement. Free compulsory public education was still a new and questionable proposition, the automobile, airplane, and mass production, which have remade our world was unknown. Looking back, the changes and achievements are breath-taking. If all this can be done in one century, surely 100 years is time enough to see that American Negroes receive the full rights and dignity to which every man is entitled under a democratic government. The Dayton Branch of the National Association for the Advancement of Colored People, wishes to request again that in view of the indisputable [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_IA40385005_1894%3A04. Public record. Not legal advice.