Appendix — Board of Public Instruction v. Allen

Supreme Court brief1971

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SUPREME COURT, U. S.

CISKRArT

No. 749 SEP 24 Bio

Supreme Court, U.S.

FILED

IN THE E, ROBERT SEAVER, CLERIC

Supreme Court of the United States

Ocroser Term, 1970

Boarp or Pusuic Instruction or Browarp County, Forma,

a public body organized and existing under the laws of

the State of Florida; and Wiuu1aM C. Dratner, Super-

intendent of Public Schools of Broward County,

Florida, Petitioners,

Freperick ALLEN and TrmotHy ALLEN, minors by W.

Grorce ALLEN, father and next friend; and Von D.

Mrze.x, President of the National Association for the

Advancement of Colored People, and all others simi-

larly situated, Respondents.

APPENDIX TO PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT AND MOTION

; TO ADVANCE

Cuar.es KE. PLepcer, JR.

Piepcer & MAHONEY

925 Washington Building

Washington, D. C. 20005

Wurm M. O’Bryan

Fiemine, O’Bryan & FLEMING

1415 East Sunrise Boulevard

Fort Lauderdale, Florida 33304

Epwarp J. Marxo

Menvez, SHaw, Marko & STEPHANY

1040 Bayview Drive

Fort Lauderdale, Florida 33304

Attorneys for Petitioners

Press or Byron S. ADAMS PRINTING, INC., WASHINGTON, D. C.

SS,

INDEX

Page

Findings of Fact, Conclusion of Law and Final Judg-

ment of April 30, 1970 in the United States District

Court, Southern District of Florida, Unreported .. 1a

Opinion Yiled August 18, 1970 in the United States

Court of Appeals for the 5th Circuit, Not Yet Re-

OE oho ek us'n.v 50005000 80e45n0 ee eeenie 32a

Order of August 28, 1970 in the United States District

Court, Southern District of Florida, Unreported .. 47-.

School Superintendent’s Implementation Report of

August 24, 1970 (Attached to Aforementioned Or-

Oe OE A eu MOO kk cdo ch acakenecicerenets 54a

Order of September 4, 1970 in the United States Dis-

trict Court, Southern District of Florida, Unre-

DONG scncdeccuckdas sxnnuennsaunenasnsateee 99a

APPENDIX

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

No. 70-31-Civ-TC

Freperick ALLEN and Timotuy ALLEN, minors, by W.

Gzorce ALLEN, father and next friend; and Von D.

Mize.1, President of the National Association for the

Advancement of Colored People, and all others simi-

larly situated,

Plaintiffs,

Boarp or Pustic Instruction or BROWARD County, Forma,

a public body organized and existing under the laws

of the State of Florida; and Wiuusm (. DRaINneER,

Superintendent of Public Schools of Broward County,

Florida,

Defendants.

Findings of Fact, Conclusions of Law and Final Judgment

FINDINGS OF FACT

This school desegregation suit was brought b> the

father of two public school students and by the president

of the Broward County Chapter of the National Associa-

tion for the Advancement of Colored People against the

Board of Public Instruction and the School Superintendent

of Broward County, Florida, alleging, inter alia, denial

of equal protection under the Fourteenth Amendment to

the United States Constitution. The defendants operate an

urban school system of 116 schools and more than 112,000

students on the Florida ‘‘Gold Coast.’’ The school sys-

tem is growing at a high rate (8.1% from September, 1968,

to September, 1969), consistent with the growth of the

county, which is said to be the fastest growing major

county in the nation. Jurisdiction vests in the court under

Title 28 U.S.C. § 1343(3) and Title 42 U.S.C. §§ 1983 and

1985.

The suit was filed on January 9, 1970, and the first hear-

ing was held on January 16, 1970, on the application of

the plaintiffs to restrain the defendants from maintaining

a dual system of public schools segregated by race and to

compel defendants to formulate and operate a unitary

integrated system of public schools.

This is the third such suit filed against the school board

in this court, though the two earlier suits resulted in

nothing definitive. One, styled Gay v. Board of Public

Instruction of Broward County, No. 67-725-Civ-CA, was

dismissed on March 10, 1969, by consent of the parties,

prosecution of the suit having languished. The other, styled

Hattie Hall, ete., v. Board of Public Instruction of Bro-

ward County, No. 10,820-Civ, was filed June 16, 1961, and

dismissed June 13, 1962.

At the January 16, 1970, hearing in this cause, the de-

fendants admitted and the court found by its order of

January 22, 1970, that they were not operating a unitary

integrated school system but were operating a dual system

of public schools segregated by race. Such dual systems,

organized and operated by the states acting through local

school boards, were held unconstitutional by the Supreme

Court in Brown v. Board of Education, 1954, 347 U.S. 483,

74 S.Ct. 686, 98 L.Ed. 873 (Brown I), and which were or-

dered abolished in Brown v. Board of Education, 1955, 349

U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083 (Brown IT).

In Green v. County <chool Board of New Kent County,

1968, 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716, the Su-

preme Court, speaking of the whole school system, stated

that to convert from a dual system to a unitary, non-racial

system, the racial identification of the schools must be

eliminated in six particulars ; composition of student bodies,

faculty, staff, transportation, extra-curricular activities,

and facilities.

3a ‘

The Supreme Court then, in Alexander v. Holmes County

Board of Education, October 29, 1969, 396 U.S. 19, 90 S. Ct.

29, 24 L. Ed. 2d 19, further defined the constitutional stand-

ard of a unitary system, against which every school sys-

tem is to be measured, as one ‘‘within which no person is

to be effectively excluded from any school because of race

or color.’’

This court then directed the defendants to operate hence-

forth a unitary school system and to file with the court by

February 16, 1970, a comprehensive plan to establish such

a system as defined in the cases cited above and in Single-

ton v. Jackson Municipal Separate School System (and con-

solidated cases in banc), 5 Cir., December 1, 1969, 419 F.

2d 1211, as modified by the United States Supreme Court in

Carter v. West Feliciana Parish School Board (and con-

solidated cases), January 14, 1970, 396 U.S. 290, 90 S.Ct.

608, 24 L.Ed.2d 477.

SCHOOL BOARD PLAN

The school board timely filed its plan (Defendants’ Ex-

hibit 1), which was to be totally implemented by June 15,

1970, after the close of the current school year, but with an

orientation program, etc., to begin immediately. The plan

shows that the board had launched a program in 1968, for

completion by 1973, calling for desegregation of all high

schools and probably all junior high and middle schools,

with the elementary schools to remain as neighborhood

schools. All junior highs were to be converted to middle

schools, with the ninth grades moving from junior high

schools to high schools and the sixth grades from elemen-

tary schools to middle schools as space became available.

Butiprne Procram. The program was to be activated over

a five year period because that time was deemed necessary

to complete a $155,000,000 qualitative improvement pro-

gram of site acquisitions, new school plants, remodeling of

existing plants, new equipment, ete. The principal funding

source was a $108,600,000 general obligation bond issue

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& RRMA ict he WORN ee

voted by the electorate of the county in 1968. This is said

to be the largest single school bond issue ever approved in

the southeastern United States. Substantial progress has

been made on the building program and completion should

be well within the scheduled period.

Current Stupent Popuntaiion. The school system is

presently composed of 116 schools, eleven being high

schools, of which two have all-Black student bodies, 21 are

junior highs or middle schools, of which two are all-Black,

and 84 are elementary schools, of which 13 are all-Black.

In addition to these 17 all-Black schools, five others are

99% or more Black. The ~tudents composition is:

White Black Total % Black

Elementary 43,114 15,309 58,423 26.2

Middle or Junior High 21,953. 4,607 26,560 17.3

Senior High 21,456 5,585 27,041 20.7

Totals 86,523 25,501 112,024 22.8

Hicu Scuoots. The board plan calls for the elimination of

the two all-Black high schools, Blanche Ely ‘and Dillard,

and the integration of all remaining high schools with a

maximum of 27.4% Black pupils at any high school. For

the current year there is only one all-White high school—

Plantation High.

Mippie/Juntor Hien Scnoors. All middle schools and

junior high schools are to be desegregated, with the excep-

tion of Apollo Middle School which is far removed from

Black residential areas. Sixth grade centers would be estab-

lished at Attucks and Lanier Schools, to pair with Olsen

and McNicol Middle Schools, respectively. A maximum of

31.4% Black pupils is proposed at any school, with the

sixth grades being transferred to middle schools or left in

elementary schools, depending on availability of «pace. For

the current year there are two all-Black and four all-White

middle and junior high schools.

Evementary Scuoots. The school board presently op-

erates a neighborhood system of 84 elementary schools, of

which 13 have all-Black student bodies and 35 are all-

White. Its proposed plan calls for desegregating three of

the all-Black schools, with ten remaining all-Black and four

others over 90% Black.

InstructionaL Starr. For the current year all schools

except three have one or more White teachers, but 42

schools have no Black teachers. The board plan calls for de-

segregating instructional staffs in every school in the ap-

proximate White to Black ratio that they bear to each

other in the system as a whole. Each elementary school will

have an instructional staff composed of 25% Black and

75% White, and the secondary schools will be composed of

20% Black and 80% White. (Board Plan Addendum #4).

Purity ReassicNMents. The pupil transfer policy pro-

posed by the school board has two provisions:

1. Once the initial assignments are made, any student

with parental consent may request reassignment to

any school within the school system. The request will

not be denied for any reason other than lack of ca-

pacity in the school to which reassignment is re-

quested. Any student granted reassignment will be

responsible for his own transportation.

2. Transportation will be provided for any student

granted reassignment from a school in which he is in

the racial majority to the nearest school in which he

is in the racial minority.

OruHeER Provisions. The plan also details a thorough-go-

ing orientation program to prepare the instructional staff,

pupils, and the public for the desegregation program (Ad-

dendum #5). Criteria for establishing faculty and other

staff eligibility for transfer between schools brought about

by the desegregation program are included (Addendum

#6). The current status and projections with respect to

transportation (Addendum #8) are included, but they are

not in such form as to be readily evaluated, presumably

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due to the short time allowed for preparation of the plan.

No issue is raised as to transportation. The status of in- .

tegration in athletics and other activities is included. (Ad-

dendum #9).

OBJECTIONS TO BOARD’S PLAN

The court heard objections to the board’s plan on March

3, 1970, and granted leave to intervene to attorneys Thomas

A. Thomas and Arthur Seppi, who represented certain

students and parents of students who objected to limited

portions of the board plan. Subsequently, leave to inter-

vene was granted to attorney Edgar G. Hamilton, who ob-

jected on behalf of Blanche Ely P.T.A. and others to elim-

ination of Blanche Ely High School.

The plaintiffs objected to many facets of the board plan

including (1) phase-out of all-Black Blanche Ely High

School and Dillard High School, since the student capacity

is needed to reduce overcrowding in adjacent high schools;

(2) use of all-Black Attucks and Lanier Middle Schools for

sixth grade centers, because each could be more suitably

used for the conventional middle school alignment of

grades 6, 7 and 8; (3) retention of all-Black and all-White

elementary schools as not meeting the unitary standard;

(4) reassignment procedures, since they would serve to

overcrowd certain schools, increase transportation and

frustrate the desegregation process; (5) increased bussing

of Black students to predominantly White schools wuile

providing for little bussing of White students to predom-

inantly Black schools, thus showing that if bussing is a

problem, it is a Black problem; (6) assignment of faculty

on a uniform standard for every school, whereas the facul-

ties of predominantly Black schools should be predominant-

ly Black; (7) delay of implementation of the plan, particu-

larly transfer of faculty, until September, 1970.

The court by its order of March 3, 1970, directed the

board to consult with the Florida School Desegregation

Consulting Center, School of Education, University of

Miami, Miami, Florida, a federally funded agency under

the Civil Rights Act of 1964, in developing additional in-

formation by which to measure the Broward County School

Desegregation Plan as to its meeting the constitutional

standard of a unitary system. The Center was requested to

make a report with recommendations to the court designed

to meet the unitary standard.

INTERIM IMPLEMENTATION OF PLAN

In the interim the court directed the school board and

school superintendent by its order of March 19, 1970, to

continue to implement the proposed faculty transfer and

orientation plans and to take all reasonable and necessary

steps looking to the prompt implementation of an appro-

priate school desegregation plau for the Broward County

schools so that there would be no unnecessary delay in full

implementation of the plan once finally approved.

CONSULTING CENTER’S DESEGREGATION STUDY

The Florida School Desegregation Consulting Center’s

study (Court’s Exhibit 1) was timely filed with the court.

The professional educators who authored the study ex-

pressed the view that the school board plan ‘‘makes con-

siderable progress toward desegregation and a unified

school system and toward the goal of providing an equal

educational opportunity for all children in the system.’’

The Center recommends:

Hicu ScuHoots.

Blanche Ely High Schocl be discontinued as a high

school and made a sixth grade attendance center for the

Pompano Beach Middle School. As shown by the detailed

report (Appendix III of Court’s Exhibit 1) the school is

deficient in every area except physical education and is not

a reasonably good secondary school facility.

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Dillard High School not be discontinued but utilized as

a desegregated senior high facility in 1970-71, the report

indicating it is an adequate high school facility (Appendix

IV of Court’s Exhibit 1).

MippLe ScHoots.

Wherever possible the shift be made to the middle school

structure (grades 6-8). The board’s proposed middle school

pairing of Attucks (grade 6) with Olsen (grades 7 and 8)

and of Lanier (grade 6) with McNicol (grades 7 and 8) be

implemented.

Blanche Ely Sixth Grade Center be established in the

present Blanche Ely High School plant for the Pompano

Beach middle schvol attendance area. All sixth grade stu-

dents be moved to the Center from seven elementary

schools (Coleman, Cresthaven, Cypress, Markham, Palm-

view, Pompano Beach, and Sanders Park), resulting in 455

White students and 334 Black students, or a total of 789

students in the Center, which would be 42% Black.

ELEMENTARY ScHOOLS.

The school system should submit new attendance zones

which would eliminate as many all-Black elementary

schools as possible. As an alternative, in the event re-

zoning is not productive, the following was recommended:

Coleman Elementary. To be phased-out, with sixth grade

students reassigned to Blanche Ely Sixth Grade Center,

and the remaining students reassigned to Pompano Beach,

Cypress, Palmview, and Sanders Park by adding portions

of Coleman’s attendance area to the appropriate other

schools. ‘

Pairing. The sixth grade pupils in the remaining all-

Black elementary schools be assigned to the appropriate

middle schools, and the following schools be paired:

Sanders Park and Palmview attendance areas be com-

bined, grades K-2 attending Palmview, and grades 3-5 at-

tending Sanders Park, each school becoming 62.1% Black.

‘

Drew and Coconut Creek attendance areas be combined,

grades K-2 attending Coconut Creek and grades 3-5 attend-

ing Drew, resulting in each school becoming 55.4% Black.

Dillard and Lauderdale Manors attendance areas be com-

bined, grades K-2 attending Lauderdale Manors and grades

3-5 attending Dillard, resulting in each school becoming

54% Black.

Larkdale and Lauderhill attendance areas be combined,

grades K-2 attending Lauderhill and grades 3-5 attending

Larkdale, resulting in each school becoming 58.8% Black.

Lincoln Park and Riverland attendance areas be com-

bined, grades K-2 attending Lincoln Park and grades 3-5

attending Riverland, resulting in each school becoming

57.3% Black.

Sunland Park and North Side attendance areas be com-

bined, grades K-2 attending Sunland Park and grades 3-5

attending North Side, resulting in each school becoming

53.7% Black.

Walker and East Side attendance areas be combined, |

grades K-2 attending East Side and grades 3-5 attending

Walker, resulting in each school becoming 60.9% Black.

Carver Ranches, Lake Forest, and Watkins attendance

areas be combined, grades K-1 attending Lake Forest,

grades 2-3 attending Carver Ranches, and grades 4-5 at-

tending Watkins, resulting in each school becoming 44.3%

Black.

Collins and Dania attendance areas be combined, grades

K-2 attending Collings and grades 3-5 attending Dania, re-

sulting in each school becoming 55% Black.

C. A. Moore, Colbert, and Hallandale attendance areas

be combined, grades K-1 attending Colbert, grades 2-3 at-

tenidng Hallandale, and grades 4-5 attending C. A. Moor<,

resulting in each school becoming 49.4% Black.

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10a

INSTRUCTIONAL STAFF.

The board plan for desegregation of instructional staff

is based on educational factors and teacher-board concerns

and follows usual procedures. Provisions should be made

for more than one Black administrator in any elementary

school. The board should develop an aggressive recruit-

ment and training policy to make available more Black ad-

ministrators.

TRANSFER Po.icy.

The two provisions of the board’s plan for reassignment

of students be eliminated and the usual majority to minor-

ity transfer policy established.

Br-Ractat CoMMITTEE.

A committee be established to review operation of the

transportation system, pupil transfer policies and school

site selections.

OBJECTIONS TO CENTER’S REPORT

Objections to the Center’s recommendations were filed

by the defendants school board and school superintendent

and by intervenor Thomas, who also filed a separate peti-

tion to establish a unitary school system. Hearing on the

objections ard on the intervenor’s petition were combined

with the final hearing and was held before the court on

April 3, 1970.

The school board objected to the recommendation of the

Center that the all-Black elementary schools be desegre-

gated largely through pairing with all-White or predom-

inantly-White schools and stated a preference for the Cen-

ter’s alternate recommendation of rezoning the school’s

attendance zones. The board expressed the tentative view

that most of the Black elementaries could be desegregated

by rezoning but that additional time would be needed to

prepare such a plan. The board objected to the Center’s

lla

recommendation as to all-Black Dillard and Blanche Ely

High Schools, but offered to re-examine its position in the

light of the Center’s recommendations.

Plaintiffs made no objection to the report of the Center

and particularly approved the pairing plan for desegre-

gation of the Black elementary schools.

Intervenors Thomas objected to the Center’s pairing and |

other pupil desegregation recommendations and urged

adoption of a neighborhood school system subject to ma-

jority to minority transfers. The plaintiffs expressed the

view that adoption of such a plan would result in little de-

segregation and would not establish a unitary system.

Intervenors Grant, represented by attorney Arthur

Seppi, approved generally of the school board plan and

sought minor boundary changes in an attendance area.

The school board indicated agreement and that the adjust-

ments would present no substantial problem:

Attorney Edgar Hamilton, representing educators and

parents in the area of Blanche Ely High School, expressed

their desire to have that school remain as a high school.

The court then directed the school board to furnish addi-

tional information, including new pupil attendance areas

designed to desegregate the all-Black elementary schools.

AMENDMENTS TO SCHOOL BOARD PLAN

Amendments (Defendants’ Exhibits 2 and 3) to the

school board plan of February 16, 1970, were subsequently

filed in response to the court’s direction, though the amend-

ments were not specifically recommended by the board.

These amendments provide:

Hicu Scwoots.

Dillard High School is retained for the 1970-71 school

year as a desegregated high school by expanding the boun-

daries of the present attendance area. Only students in

12a

grades 9 and 10 from the expanded attendance area will

attend Dillard in 1970-71, students in grades 11 and 12 to

remain in the high schools which they are now attending.

Mipp.e ScHOoOLs.

Lanier and MeNichol, originally paired, have been

changed to complete middle schools by separating the at-

tendance areas.

ELEMENTARY SCHOOLS.

Changes in boundaries of the all-Black elementary schools

result in desegregating most of these schools. The attend-

ance areas of the remaining all-Black elementaries are sur-

rounded by other Black attendance areas, or by majoz traf-

fic impediments (railroads, busy highways).

REASSIGNMENT PROCEDURES.

1. Any pupil, with parental consent, shall have the right

to transfer from a school at which his race is in the major-

ity to the next nearest school at which his race is in the mi-

nority and the board shall furnish free transportation pro-

vided the distance involved meets state transportation

statutes.

2. Other reassignment requests will be considered pro-

viding the request does not involve the transfer of a pupil

in which his race is in the minority to a school in which his

race is in the majority.

OTHER.

The board will submit nominees for a bi-racial committee

for site acquisition and school construction.

Administrators will be assigned to elementary schools

without regard to race.

An aggressive program of recruiting and training Black

administrators for the central office staff will be instituted.

13a

A UNITARY SYSTEM

Measured against the frame of reference established by

the cases earlier cited, and bearing in mind that each

school system must be considered separately on its own

facts, it is apparent that the school board plan establishes

a unitary system of public schools in all respects, except as

to (1) a portion of the students desegregation plan, (2) the

pupil reassignment provisions, and (3) certain limitations

on Black administrators.

The board’s plan to desegregate its instructional staff in

each school in the same approximate proportion as White

staff members bear to Blacks in the whole system, which is

objected to by plaintiffs, comports with the requirements

of law. Singleton v. Jackson Municipal Separate School

District, supra.

STUDENTS

Hicr ScHoo.s.

Dillard. The proposed closing of this high school and

transferring the students to Fort Lauderdale, Northeast,

Plantation, and Stranahan High Schools, all of which are

facing extended sessions to relieve overcrowding in 1970-

71, places an unnecessary burden on these schools. Dillard

is an adequate high school facility as shown by the study

of the Florida School Desegregation Consulting Center

(Appendix IV of Court’s Exhibit 1). The April 13, 1970,

amendments to the school board plan (Defendant’s Exhibit

2) show that Dillard will provide for 2,038 students, 1160

Black and 878 White, as a desegregated facility by expand-

ing the attendance area. This use will reduce transporta-

tion requirements. The proposal to close Dillard appears

to be based solely on the reluctance of the school board to

require White students to attend school in Black areas.

This is not a sufficient reason within the context of the fact-

ual situation here presented. It follows that Dillard should

be operated as a desegregated high school for 1970-71.

l4a

Blanche Ely. This is not a reasonably good high school

facility, being deficient in every area, excepting physical

education (Appendix III of Court’s Exhibit 1). Adjacent

high scools are not overcrowded and ean adequately accom-

modate the Blanche Ely students. Therefore the board’s

plan to eliminate Blanche Ely as a secondary school is ac-

ceptable. The board has plans to build a new high school

to serve the area. For the 1970-71 school year the Blanche

Ely plant will be used to house Coleman Elementary stu-

dents.

With Dillard operated as a desegregated facility, all high

school students will be attending integrated schools in

1970-71. :

Mipp.e/JuNntior Hicu Scuoots.

Blanche Ely Sixth Grade Center. The proposed use for

the Blanche Ely high school plant in the Desegregation

Consulting Center study, and also in the school board

amendments of April 13, 1970, is as a sixth grade center,

though the boundaries in the two plans vary in certain de-

tails, and would take sixth grade students from the Pom-

pano Beach Junior High School attendance area. This plan

calls for a substantial increase in transportation and addi-

tional walking of students and does not appear necessary

since there is sufficient space in the respective elementary

schools to retain the sixth grades. The school board plans

to build a suitable middle school for the Pompano Beach

area to house the sixth, seventh and eighth grades, since

Pompano Beach Junior High School is inadequate both as

to the condition of the school and as to overcrowding.

If the sixth grade students are left in their respective

elementary schools (Coleman, Cresthaven, Cypress, Mark-

ham, Palmview, Pompano Beach, Sanders Park), all will

be in desegregated schools, though the percentage of Black

students will vary substantially. If the sixth grade students

were moved to a center as proposed, the center by its na-

ture would ‘‘racially balance’’ the sixth grades. However,

lda

no court whose decisions are binding on this court have in-

cluded ‘‘racial balancing’’ in its definition of a unitary

school system. Ii is the court’s function to require the estab-

lishment of a school system which meets the constitutional

standard, and there it ends. If the schools are to be racially

balanced to stabilize racial composition of the schools and

the neighborhoods they serve, then this is a consideration

for the people of the community acting through their school

boards and other units of local and siate government.

Lanier and McNicol. The board amendments of April 13,

1970, eliminate the pairing of these schools and establish

complete middle schools in each by changing the boundaries

of the attendance areas they serve. Under either plan, the

schools are desegregated. Since both have adequate facili-

ties for middle schools (Appendix IV of Court’s Exhibit

1), and since the pairing arrangement would call for more

walking and more transportation, it is desirable to continue

to operate them as middle schools.

Attucks and Olsen. Since Attucks Junior High is a sub-

standard facility when used as a complete junior high or

middle school (Appendix V of Court’s Exhibit 1), it is left

in a ‘‘paired’”’ arrangement with Olsen. The board plans

to convert Attucks to other uses when a suitable middle

school is built.

- ELeMentary ScHoots.

Using the school board plan as amended, it is possible to

desegregate all Black elementary schools except four: Lark-

dale, Lincoln Park, C. A. Moore, and Walker. These schools

are to remain with all-Black students bodies because they

are located in the heart of all-Black neighborhoods. Ex-

pansion of their attendance areas in almost any direction

would result in more Black students and no White students,

although traffic barriers ( railroads, busy throughfares)

are a factor in limited instances, as will appear more fully

by reference to the school board plan and amendments (De-

fendants’ Exhibits 1, 2 and 3). In some instances the result

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16a

would be to segregate other schools. The high population

density of the Black neighborhoods surrounding these seg-

regrated schools and the near capacity status of student

bodies of most of the schools, enormously complicates re-

zoning of attendance areas to effect integration.

The only alternatives to leaving these schools segregated

are (1) transport or ‘‘walk in’’ students from non-contigu-

ous or distant areas; or (2) ‘‘pairing’’ an all-White school

with an all-Black school, that is, by combining the attend-

ance areas of the ‘‘paired’’ schools and sending all stu-

dents in certain grades to one of the schools and all stu-

dents in the other grades to the other school. In some

instances ‘‘grouping’’ of three or more schools is resorted

to, rather than ‘‘pairing.’’

It is difficult to justify the removal of young studen‘s to

distant areas for the sole purpose of integrating a school.

‘*Pairing’’ or ‘‘grouping’’ of schools also involves the same

elements of additional transportation or ‘‘walking in.’’ The

same principles apply to attempts to integrate more Blacks

into predominantly White schools. The time, inconvenience,

and expense involved, as well as the safety factor, are all

relevant to the resolution of the problem.

The three elementary schools being closed, Braithwaite,

B. F. James, and Coleman (moved to Blanche Ely facility)

all are housed in sub-standard plants and closing them also

facilitates the desegregation program.

The school board has stated that the elementary schools

were operated on a neighborhood plan and that they wished

to continue to operate them as neighborhood schools as de-

fined by the ease of Eliis v. Board of Public Instruction of

Orange County, Florida, 5 Cir., February 17, 1970, ... F.2d

.. (No, 29124). The Ellis opinion by Circuit Judge Bell

carefully limited the applicability of the principles there

delineated to the particular facts of the case. It held that the

neighborhood system would require that attendance area

boundary lines be drawn equi-distant between the schools

17a

and that all students must be assigned to the school nearest

their home, without variances and limited only by the ca-

pacity of the school, and then to the next nearest school.

The result of strict adherence to the equi-distant formula

in Orange County was that eight of the eleven all-Black

schools were desegregated.

But in Broward County many school residential areas

have been given unusual shapes for the purpose of desegre-

gating the schools. No attempt has been made to follow the

Orange County equi-distant boundary formula. To do so

would result in re-segregation in many instances. The equi-

distant formula is acceptable as an aid in establishing a

unitary system, where the result is desegregation, but not

otherwise. ‘‘The only school desegregation plan that meets

constitutional standards is one that works,’’ as stated with

emphasis by the Fifth Circuit in United States v. Jefferson

County Board of Education, 5 Cir. 1966, 372 F.2d 836, 847

(Jefferson I), in holding that school boards could not rely

on ‘‘freedom of choice’’ to establish a unitary system where

it was shown that freedom of choice did not result in signif-

icant desegregation.

INSTRUCTIONAL STAFF.

The board’s plan calling for proportional assignment of

instructional staff in every school in the same approximate

White to Black ratio that Whites bear to Blacks in the

whole system is in accordance with the case law of this

circuit and is approved.

Puprt REASSIGNMENT.

The provisions proposed in the board’s amendments of

April 13, 1970, are designed to effectively aid in desegre-

gation. They are:

1. Any pupil, with parental consent, shall have the right

to transfer from a school at which his race is in the

majority to the next nearest school at which his race

is in the minority and the board shall furnish free

‘

IP Sel PTE RE Ty SO AE AGATE iy “REIT HY: Fe

PPO ; lace i B “

18a

transportation provided the distance involved meets

state transportation statutes.

2. Other reassignment requests will be considered pro-

viding the request does not involve the transfer of 2

pupil in which his race is in the minority to a school

in which his race is in the majority.

Buack ADMINISTRATORS.

The new provisions for Black administrators are satis-

factory. They are:

Administrators will be assigned to elementary schools

without regard to race.

Broward County will institute an aggressive program of

recruiting and training Black administrators for the cen-

tral office staff.

OTHER PROVISIONS.

The board’s plan in its other provisons appears to be

in accordance with accepted educational procedures and is

approved.

RESULTS ACHIEVED

In the plan heretofore outlined under ‘‘A Unitary Sys-

tem’’ there will be 3,277 Black students, in four elemen-

tary schools, attending segregated schools, out of 26,685

Black students in the whole system. This constitutes 12.3%

of the Black students attending segregated schools and

87.7% attending desegregated schools. There are seven

other elementary schools where the student bodies are 92%

or more Black. Although student bodies composed of 8%

or less Whites may be minimal desegregation, it is con-

sistent with the desegregation achieved under the equi-dis-

tant formula which was approved on February 17, 1970, by

the Fifth Cireuit in Ellis v. Orange County, supra, (See Ap-

pendix ITI of Ellis, and appeavs no less acceptable when

achieved through the plan here used. It is not the plan but

the results that count.

19a

There will be one all-White middle school and 39 all-

White elementary schools remaining. This is acceptable in

a unitary system since it is based on all-White residential

patterns and the preponderantly White population.

Appendix I attached presents a school by school analysis

of the projected student attendance by race for 1970-71, as

adjusted by the requirements of this order, as well as show-

ing the grades comprising each school, building capacities,

ete. The figures used for 1970-71 are approximate, based on

current figures adjusted for expected growth.

The majority to minority transfer provision and review

by the Bi-racial Committee in the areas of school site se-

lection, pupil transfer, and transportation are designed to

assure further desegregation in the future.

A Bi-racial Committee composed of twelve members, six

White and six Black, should be appointed by the court to

review the operation of majority to minority pupil trans-

fer rule, the transportation system, and selection of school

sites. The Committee is authorized to hold hearings and

make recommendations to the school board in connection

with these activities. The chairmanship shall alternate an-

nually between a White chairman and a Black chairman.

The plaintiffs and the defendants shall each submit to the

- court within ten days at least six names of nominees for

the committee.

CONCLUSION OF LAW

The plan outlined in the section of this opinion headed

‘*A Unitary System,’’ including Appendix I, constitutes a

unitary public school system for the Broward County, Flor-

ida, school district.

FINAL JUDGMENT

Tt is OrpERED and ApgupGED that:

1. The Board of Public Instruction of Broward County,

Florida, and William C. Drainer, Superintendent of Publie

Instruction, and his successors in office, are permanently

Sr GLa ee se

& SEER RRB AERA

20a

enjoined from operating a dual system of public schools

segregated by race, and shall henceforth operate a unitary

school system as described in the section of the foregoing

Findings of Fact headed ‘‘A Unitary System,’’ (pages 14

to 20). The boundaries of the student attendance areas shall

be as described in the School Board Plan as amended (De-

fendants’ Exhibits 1, 2 and 3).

2. The transfer of instructional staff and students shall

be made after the close of the current school year, June 17,

1970, and shall be effective for the summer session of 1970

and thereafter.

3. The separate petitions of the several intervenors are

hereby denied, except as the relief therein sought may be

included in the over-all plans herein approved.

4. The court retains jurisdiction of the cause and the

parties for the purpose of ensuring that the plan here

adopted is carried out and the school system operated con-

sistent with the requirements of the United States Consti-

tution.

Done and Orperep at Miami, Florida, this 30th day of

April, 1970.

/s/ Ted Holst

United States District Judge

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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 30082

Frepertck ALLEN and TrmorHy ALLEN,

minors, ete., et al,

Plaintiffs-A ppellants-Cross Appellees,

versus

Boarp or Pustic INSTRUCTION OF

Browarp County, Fioripa, ete., et al,

Defendants-A ppellees,

Buancugzé Evy Hien Scnoon Parent

TreacHerRS Assoctation and IRENE S, CLARKE,

Defendants-A ppellees-Cross Appellants.

Opinion

Appeals from the United States District Court for the

Southern District of Florida

(August 18, 1970)

Before Gewin, Gotpserc and Dyer, Circuit Judges.

GopBerG, Circuit Judge:

We consider here the plan of desegregation ordered for

Broward County, Florida, by the district court.' The

Broward County School System is a county-wide system

serving a largely urban and rapidly growing area of the

Florida ‘‘Gold “sast.’? During the 1969-70 school year the

Board of Public Instruction of Broward County operated

115 schools to educate more than 112,000 students, approx-

imately 77 percent white and 23 percent black. Under the

1This appeal was expedited in accordance with the procedures

outlined in Singleton v. Jackson Municipal Separate Schoo! Dis-

trict, 5 Cir. 1970, 419 F.2d 1211, 1222 (en bane), rev’d in part on

other grounds sub nom. Carter v. West Feliciana Parish School

Board, 1970, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477.

22 REO. ORTOUE GS 4

a | Sei OTE

33a

Board’s projections for the 1970-71 school year, 116 schools

will educate more than 118,000 students, approximately 78

percent white and 22 percent black. A substantial percent-

age of the students in the Broward County system are

transported to and from school by bus.

The present desegregation suit was filed by Negro

plaintiffs on January 9, 1970. The first hearing to consider

this action was held on January 16, 1970. As a result of

facts adduced at that hearing the district court found that

the Board was operating a dual school system. The Board

was ordered to file by February 16, 1970, ‘‘a comprehen-

sive plan to establish a unitary school system’’ in Broward

County. The court suggested that the Board, in formu-

lating its plan, consult with the Florida School Desegre-

gation Consulting Center at the University of Miami.

A plan was duly submitted, objections were filed with the

court, and a hearing was held on March 3, 1970. At that

hearing the court expressed the view that it needed more

information to measure the plan against constitutional

standards. The Board was directed to ‘‘consult and coop-

erate with and accept the aid of’? the Florida School De-

segregation Consulting Center in revising its plan ‘with

special emphasis on eliminating the remaining all-black ele-

mentary schools.’’? The Center was requested to make a re-

port with recominendations ‘‘designed to assure a desegre-

gation plan which meets the constitutional standard of a

unitary system.”’

Pursuant to the court’s directives, the Board filed an

amended plan and the Center submitted its reeommenda-

tions. The principal difference between the two proposals

was in their approach to the problem of desegregating all-

black and overwhelmingly black elementary schools. The

Center suggested use of school pairing as a means of de-

segregating these elementary schools, but the Board’s plan

rejected pairing. The plan submitted by the Board merely

amended some of the discretionary zone lines which had

previously been proposed.

POI PT ET Oe

ene ef

ual iste

A Sd ERE

PALER DGGE ANNE LAP A LAL FEL Oe Fe PON 6 A ICAAGIOND

34a

The court held a hearing on April 3, 1970, to consider the

Board plan and the Center’s proposal. At that hearing the

court heard the views of the Board, the Center, the plain-

tiffs, and various parties who had been allowed to inter-

vene. On April 30, 1970, the court entered its final order.

With regard to the hotly disputed issue of student deseg-

regation in the elementary schools, the court’s order re-

jected the Center’s approach and accepted the boundaries

of school attendance zones as proposed in the Board’s

amended plan. From that order plaintiffs have perfected

this appeal. An appeal has also been taken by intervenors,

Blanche Ely High School Parent Teachers Association and

Irene S. Clark.

THE DISTRICT COURT’S ORDER

With respect to faculty, staff, transportation, extracur-

ricular activities, and facilities, the desegregation order

entered by the district court on April 30, 1970, is unexcep-

tional and is not challenged by any of the parties. Except

for the problem noted in the next paragraph of this

opinion, the order is in compliance with all of our Single-

ton? requirements, including the requirement that faculty

and staff members be assigned in such a manner that the

ratio of whites to blacks in each school is substantially

the same as the ratio of whites to blacks in the entire

system.* The order further provides for a bi-racial com-

2 Singleton v. Jackson Municipal Separate School District, 5 Cir.

1970, 419 F.2d 1211 (en bane), rev’d in part sub nom. Carter v.

West Feliciana Parish School Board, 1970, 396 U.S. 290, 90 S.Ct.

608, 24 L.Ed.2d 477 (per curiam) (reversal limited to the issue of

timing of student desegregation).

* The court’s order also noted that the school board, apparently on

its own initiative, had made plans to conduct an extensive orienta-

tion program to prepare faculty and staff for the advent of de-

segregation. We are inclined to agree with the Board that

‘‘[a]lthough Singleton did not require such an orientation pro-

gram, obviously one is necessary if the unitary school system plan

is going to work.’’ Brief of Appellees at 9.

<> ay mrad

35a

mittee of twelve members—six blacks and six whites—to

be appointed by the court to make recommendations to

the Board with respect to such matters as ‘‘the opera-

tion of [the] majority to minority pupil transfer rule,

the transportation system, and selection of school sites.’?

The record indicates that this committee has been ap-

pointed, and it is apparently functioning now.

Although the parties have not put it in issue, we note

one deficiency in the district court’s order. This deficiency

has to do with the majority-to-minority transfer provi-

sion. The order approves the following transfer rule:

1. Any pupil, with parental consent, shall have the

right to transfer from a school at which his race is

in the majority to the next nearest school at which

his race is in the minority and the board shall fur-

nish free transportation provided the distance in-

volved meets state transportation statutes.

2. Other reassignment requests will be considered pro-

viding the request does not involve the transfer of

a pupil [from a school] in which his race in the

minority to a school in which his race is in the

majority.

Fe Tee Pe My ht aR RN oe Ma RD aan

This provision is not entirely in accord with our recent

decisions. See Hightower v. West, 5 Cir. 1970, F. 2d

-.-» ... [No. 29933, July 14, 1970, slip opinion at 14];

Carr v. Montgomery County Board of Education, 5 Cir.

me, ... BB. ie 29521, June 29, 1970, slip

opinion at 9]; Davis v. Board of School Commissioners of

Mobile County, 5 Cir. 1970, ... F.2d ...,... fNo. 29332,

June 8, 1970, slip opinion at 10]; Singleton v. Jackson

Municipal Separate School District, 5 Cir. Wi, ... FF.

2d ..., ... [No. 29296, May 5, 1970, slip opinion at 11].

On remand the district court’s order must be modified to

make it clear that (1) any pupil shall have the right to

transfer from a school at which his race is in the majority

to any school (not just the next nearest school) at which

— PEATE te SA oh

te Sltth nce inte iste

So at

36a ,

his race is in the minority and (2) transferees shall be

given priority for space.‘

StuDENT DESEGREGATION : SECONDARY SCHOOLS

Student assignment to secondary schools—high schools,

junior high schools, and middle schools—presents no prob-

lem on this appeal. The plaintiffs are not unhappy with

the court-apyvoved plan insofar as it relates to pupil

assignment to secondary schools, and our examination of

this aspect of the plan does not disclose any deficiencies

to be remedied.

The intervenors, however, raise an issue with regard to

the closing of Blanche Ely High School. Blanche Ely, lo-

cated in a black neighborhood in Pompano Beach, has

a junior-senior high school. During the 1969-70 school

year its student enrollment was percent black. For the

1970-71 school year the court approved the Board’s pro-

posal to close the school as a high school facility, send

its students elsewhere, and use the building to house the

Coleman Elementary School. Intervenors object to the

closing of Blanche Ely High School, arguing (1) that the

community which has been served by the school will suffer

if the school ceases to exist and (2) that the district court

was erroneous in finding that the Blanche Ely physical

plant is not an adequate secondary school facility.

We are not persuaded that we should order the district

court to require the reopening of Blanche Ely as a high

school. There is nothing in the record to indicate that the

Board’s decision to close Blanche Ely was based on any-

*This priority provision, of course, applies only to transfer

requests made prior to the beginning of each school term. When

a transfer request is received by the school board during a school

term, it may be denied at that time if there is no space available

in the school to which the student wishes to transfer. In such a

situation the transfer request will be deferred until the beginning

of the next school term, at which time the transfer applicant will

be given an absolute priority for space.

Sine OS

37a

thing other than sound educational criteria. Moreover, the

record amply supports the district court’s finding that the

Blanche Ely facility is not an adequate physical facility

for conducting a high school program. In the light of these

factors we find no merit in the intervenors’ objection to

the closing of the school.

StupENT DeseGREGATION: ELEMENTARY ScHOOLs

The real bone of contention in this ease is student as-

signment at the elementary school level. As we have noted,

the Florida School Desegregation Consulting Center,

whose recommendations were generally endorsed by the

plaintiffs, reeommended the use of the pairing/clustering

technique to desegregate all-black and virtually all-black

schools, but the school board strongly opposed the use of

this technique at the elementary level. The district court

agreed with the Board’s position vis-a-vis pairing, requir-

ing only that the Board redraw some of its discretionary

zone lines. The results achieved under the amended zoning

plan appsoved by the district court are decidely unimpres-

sive. Of the 83 elementary schools projected for the 1970-

71 school year, 13 are to have an enrollment that jis 90

percent or more black. The projected student enrollment

for these schools is as follows:

Percentage

School and Location Black White Total Black

Carver Ranches (in South Area) 663 37 700 95%

C. A. Moore (in South Area) 598 0 598 100%

Broward Estates (in Central Area) 779 78 857 91%

Dillard (in Central Area) 982 3 985 99%

Larkdale (in Central Area) 1054 0 1054 100%

Lincoln Park (in Central Area) 892 0 892 100%

Rock Island (in Central Area) 642 50 692 93%

Sabal Palm (in Central Area) 632 25 657 96%

Walker (in Central Area) 733 4) 733 =100%

Charles Drew (in North Area) 1014 17 ‘1081 98%

Coleman (in North Area) 601 25 626 96%

Markham (in North Area) 536 60 596 90%

Sanders Park (in North Area) 666 48 714 93%

‘

PAP SLI RS Biscd dio hia”

38a

The black students to be assigned to these 13 schools con-

stitute 68 percent of the total number of black elementary

students in Broward County. The plaintiffs contend that

the existence of these all-black and virtually all-black ele-

mentary schools in Broward County is unacceptable. We

agree.

The reason for the existence of so many all-black and

virtually all-black elementary schools under the court-

approved plan is clear from an examination of the record:

the trial judge achieved as much desegregation of formerly

black elementary schools as he thought practicable by the

redrawing of discretionary zone lines, but he refused to

pair or cluster any elementary schools.’ In the factual

situation here presented we think the trial court’s rejec-

tion of the pairing technique must be reversed.

In the conversion from dual school systems based on

race to unitary school systems, the continued existence

of all-black or virtually all-black schools is unacceptable

where reasonable alternatives exist. And it is clear that

one acceptable way to achieve reasonable alternatives is

by pairing schools. The tenor of our decisions is unmis-

takable: where all-black or virtually all-black schools re-

main under a zoning plan, but it is practicable to desegre-

gate some or all of the black schools by using the tool of

pairing, the tool must be used. Thus we have required the

pairing or clustering of schools in Dade County, Florida,°

in Pinellas County, Florida,’ in Hillsborough County,

°In his fina] order entered on April 30, 1970, the district judge

correctly defined ‘‘pairing’’ as ‘‘combining the attendance areas of

[two] schools and sending all students in certain grades to one

of the schools and all students in the other grades to the other

school.’’ The terms ‘‘grouping’’ and ‘‘clustering’’ connote the

same technique when applied to three or more schools.

® Pate v. Dade County School Board, 5 Cir. 1970, ... F.2d

[Nos. 29039 and 29179, August ..., 1970].

7 Bradley v. Board of Public Instruction of Pinellas County,

5 Cir. 1970, ... F.2d ... [No. 28639, July 28, 1970].

DAS ok RAE

39a

Florida,* in Alachua County, Florida,’ in Clarksdale,

Mississippi,” and in Jackson, Mississippi," to mention

only a few instances. It is now clear beyond peradventure

that the tool of school pairing—a most viable tool in the

school desegregation process—must be embraced where it

is prar‘icable and desegregation cannot be achieved by

other means.

The Supreme Court has told us that [t]here is no uni-

versal answer to complex problems of desegregation;

there is obviously no one plan that will do the job in every

case. The matter must be assessed in light of the circum-

stances present and the options available in each in-

stance.’? Green v. County School Board of New Kent

County, 1968, 391 U.S. 430, 439, 88 S. Ct. 1689, 20 L. Ed

2d 716. There are indeed many roads to Rome, and the

pairing road must not be avoided like the plague simply

because it presents some problems to the school board

and the community. We are not insensitive to the abra-

sions and dislocations that can sometimes be caused by the

pairing technique—and in every case the courts must strive

to keep such problems to a minimum—but the pairing

technique cannot be totally eschewed because it is not per-

fect. The Supreme Court has commanded courts and

school boards to eliminate school segregation ‘‘root and

branch,’’ Green, supra, 391 U.S. at 438, and to do it now.

See Green, supra; Alexander v. Holmes County Board of

Education, 1969, 396 U.S. 19, 90 S. Ct. 29, 24 L. Ed. 2d 19;

Carter v. West Feliciana Parish School Board, 1970, 396

*Mannings v. Board of Public Instruction of Hillsborough

County, 5 Cir. 1970, ... F.2d ... [No. 28643, May 11, 1970].

° Wright v. Board of Public Instruction cf Alachua County, 5

Cir. 1970, ... F.2d ... [No. 29999, August 4, 1970].

*° Henry v. Clarksdale Municipal Separate School District, 5 Cir.

1970, ... F.2d... [No. 29165, August .. ., 1970].

11 Singleton v. Jackson Municipal Separate School District, 5 Cir.

1970, ... F.2d. . [No. 29226, August .. ., 1970].

Serr ic

ea 40a

U.S. 290, 90 S. Ct. 608, 24 L. Kd. 2d 477. We musi be

responsive to this constitutional mandate.

Our examination of the record before us indicates that

the pairing clustering technique can be utilized to de-

segregate every one of the 18 all-black or virtually all-

black elementary schools envisioned in the plan approved

by the district court. This desegregation can be accom-

plished ‘‘without creating impractical attendance zones

or inordinate transportation problems.’’ Bradley v. Board

of Public Instruction of Pinellas County, 5 Cir. 1970, .. .

F. 2d ; [No. 28659, July 28, 1970, slip opinion at

9]. Accordingly, we hereby order the following modifica-

tions in the district court’s desegregation order for the

1970-71 school year.

South Area

The area designated by the school board as the South

Area ineludes two all-black or virtually all-black schools,

Carver Ranches and C.A. Moore. These schools present

an obvious opportunity for application of the pairing/

clustering technique, for both the Carver Ranches zone

and the Moore zone are surrounded by predominantly

white school zones. The district court shall order the fol-

lowing groupings:

(1) Carver Ranches, Orange Brook, Watkins, and

Lake Forest

(2) Moore, Colbert, Hollywood Central, and Hallen-

dale

The projected student enrollments in the attendance zones

created by these groupings are set out in the Appendix

to this opinion.

Central Area

The Central Area contains a core area of black popu-

lation concentration in which seven elementary schools

are more than 90 percent black, including three schools

We SH

ea Peer ee

4la

that are 100.0 percent black and one that is 99.6 percent

black. The seven schools are Larkdale, Broward K states,

Sabal Palm, Lincoln Park, Walker, Dillard, and Rock

Island. Our study of this area indicates that it is prae-

ticable to effectively desegregate every one of these seven

schools by use of the pairing/clustering technique. The

district court shall order the following groupings:

(1) Larkdale, Lauderhill, and Castle Hill

(2) Broward Estates, Plantation, and Pine Ridge

(5) Sabal Palm, Westwood Heights, and Sunset

(4) Lincoln Park, North Fork, Hortt, and Riverland

(5) Walker, North Side, and East Side

(6) Dillard, Lauderdale Manors, and Wilton Manors

(7) Rock Island, Oriole, and Lloyd Estates

The projected student enrollments in the attendance zones

created by these groupings are set out in the Appendix to

this opinion.

North Area

The North Area contains a block of four schools—Charles

Drew, Markham, Coleman, and Sanders Park—which are

more than 90 percent black. Several nearby schools, how-

ever, are predominantly white or all-white. Thus all four

schools can be desegregated by use of the pairing/cluster-

ing technique. In fact, because of the arrangement of the

zones in this area, several reasonable alternatives exist.

We have listed these alternative arrangements below as

Plans ‘‘A’’ through ‘‘F.’’ The decision as to which plan

to implement is left to the district court. Each plan in-

cludes a slightly different combination of pairing and

grouping, although the result in each ease is a total of

four attendance zones. We express no preference for any

particular plan, for each plan presents a satisfactory

e St GYRO NTER m D ITER MS

method of desegregating the four overwhelmingly black

schools. The district court shall order the implementation

of one of the following pairing/clustering plans:

Plan A

(1) Charles Drew and Coconut Creek

(2) Markham, Tedder, and Palmview

(3) Coleman and Cypress

(4) Sanders Park, Pompano Beach, and Cresthaven

Plan B

(1) Charles Drew and Coconut Creek

(2) Markham and Cypress

(8) Coleman, Pompano Beach, and Cresthaven

(+) Sanders Park, Palmview, and Tedder

Plan C

(1) Charles Drew, Coconut Creek, and Cypress

(2) Markham and Tedder

(5) Coleman and Pompano Beach

(4) Sanders Park, Palmview, and Cresthaven

Plan D

(1) Charles Drew, Coconut Creek, and Cypress

(2) Markham, Palmview, and Tedder

(5) Coleman and Pompano Beach

(4) Sanders Park and Cresthaven

Plan E

(1) Charles Drew, Coconut Creek, and Tedder

(2) Markham and Cypress

(3) Coleman and Pompano Beach

(4) Sanders Park, Palmview, and Cresthaven

43a

Plan F

(1) Charles Drew, Coconut Creek, and Tedder

(2) Markham, Palmview, and Cresth ven

(3) Coleman and Cypress

(4) Sander Park and Pompano Beach

The projected student enrollments in the attendance zones

created by each of these alternative arrangements are set

out in the Appendix to this opinion.

IMPLEMENTATION

The district court is directed to implement the above

modifications in the Broward County School System for

the 1970-71 school year.

In ordering the pairings and groupings described above

we have not suggested which specific grades should be as-

signed to which specifie schools. Those decisions are left

to the district court. With his ready access to the expertise

of the school board, the district court is hotter situated

than we are to make those decisions. However, in deciding

which grades will attend which schools, the district court

is ordered to comply with the following requirements: (1)

In every attendance zone created by pairing and cluster-

ing the court must make every reasonable effort to avoid

“splitting”? a grade, i.e., assigning any particular grade

to more than one school. (2) If in some instances it does

become necessary to split a grade, the court will assign

the students in that grade in such a manner that the degree

of desegregation ordered by this court for that attendance

zone will not be diminished. .

With regard to all other aspects of the desegregation

plan as modified by this opinion, the district court shall be

free to exercise his discretion to order alterations and

adjustments submitted by the school board or by any other

party. The district court’s discretion shall be limited, how-

ELEN TNS ERTIES TY IT EEE LIN TOM BEBE ES LE NEUE ENE SETI 0 1 EN BO a I i —

PIAL AA OS EEN SPE OEGTE IS LN Se Sit ANTOLIN E LN

Pe ENTS OR Bi

Aa RE aR RENN

3 teiiint wer eek a

44a

ever, to the extent that no alteration or adjustment may

be ordered if its implementation would diminish the de-

gree of desegregation projected by this opinion. See Pate

v. Dade County School Board, 5 Cir. 1970, ... F. 2d — ,

[Nos. 29039 and 29179, August .— , 1970, slip opinion

at ..., typed opinion at 15-16].

It is axiomatic, of course, that the school board and the

district court are under a continuing duty to appraise the

school system in the light of actual conditions and experi-

ence and, within the limits we have just indicated, to make

whatever changes are necessary, now and in the future, to

asure the continued maintenance of a unitary system.

The mandate in this cause shal! issue forthwith. No stay

will be granted pending petition for rehearing or applica-

tion for writ of certiorari.

AFFIRMED in part; Reversep in part; Remanpep with

direction.

45a

APPENDIX

Student Desegregation Achieved by Pairing and Clustering Schools

PTT Reyer

SoutH AREA

Percentage :

School Zone Black White Total Black

Carver Ranches—Orange Brook- :

Watkins—Lake Forest 1149 1734 2883 39.85 E

Moore—Colpert—Hollywood Central—Hallandale 866 1533. 2399 =~ 36.09 q

CENTRAL AREA ;

Percentage

School Zone Black White Total Black

Larkdale—Lauderhill—Castle Hill 1264 1394 2658 47.55

Broward Estates—Plantation—Pine Ridge 865 1235 2100 41.19

Sabal Palm—Westwood Heights—Sunset 816 1203 2019 40.41

Lincoln Park—North Fork—Hortt-Riverland 1179 1083 2262 52,12 ;

Walker—North Side—East Side 933 1003 1936 48.19 r

Dillard—Lauderdale Manors—Wilton Manors 982 1220 2202 44.59 &

Rock Island—Oriole—Lloyd Estates 697 1181 1878 37.11 ;

NortH AretA—Plan A .

Percentage -

School Zone Black White Total Black

Charles Drew—Coconut Creek 1024 706 1730 = 559.19 :

Markham—Tedder—Palmview 737 1171 1908 38.62 ;

Coleman-Cypress 601 750 1351 44.48

Sanders Park—Pompano Beach—Cresthaven 686 1416 2102 32.63

NortH ArREA—Plan B

Percentage

School Zone Black White Total Black

Charles Drew—Coconut Creek 1024 706 1730 = 59.19

Markham—Cypress 536 785 1321 40.57

Coleman—Pompano Beach—Cresthaven 621 1393 2014 30.33

Sanders Park—Palmview—Tedder 867 1159 2026 42.79

nef Sedat S Te

Ste ae: net IT

46a

NortH ArREA—Plan C

SEE RNa A IOAN ALM EIGN 1 Te MER OIE Sh AI GI

Se eM ee

Percentage

School Zone Black White Total Black

Charles Drew—Coconut Creek—Cypress 1024 1431 2455 41.71

Markham—Tedder 536 688 1224 43.79

Coleman—Pompano Beach j21 688 1309 47.44

Sanders Park—Palmview—Cresthaven 867 1236-21038 41.22

NortH ArREA—Plan D

Percentage

School Zone Black White Total Black

Charles Drew—Coconut Creek—Cypress 1024 1431 2455 47.71

Markham—Palmview—Tedder 737 1171 1908 38.62

Coleman—Pompano Beach 621 688 1309 47.44

Sanders Park—Cresthaven 666 753 1419 46.93

NortH AREA—Plan E

“ Percentage

School Zone Black White Total Black

Charles Drew—Coconut Creek—Tedder 1024 1334 2358 43.42

Markham—Cypress 536 785 1321 40.57

Coleman—Pompano Beach 621 688 1309 47.44

Sanders Park—Palmview—Cresthaven 867 1236 2103 41,22

NortH ArEA—Plan F

Percentage

School Zone Black White Total Black |

Charles Drew—Coconut Creek—Tedder 1024 1334 2358 43.42

~ Markham—Palmview—Cresthaven 737 1248 1985 37.12

Coleman—Cypress 601 750 1351 44.48

Sanders—Pompano Beach 686 711 1397 49.10

47a

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

No. 70-31-Civ-TC

FRrepertck ALLEN and TimoTHy ALLEN, minors, by W.

Georce ALLEN, father and next friend; and Von D.

Mizeu1, President of the National Association for the

Advancement of Colored People, and all others simi-

larly situated,

Plaintiffs,

Boarp or Pustic Instruction or BROWARD County, Foripa,

a public body organized and existing under the laws

of the State of Florida; and WiutuasM C. DRraIner,

Superintendent of Public Schools of Broward County,

Florida,

Defendants.

Order

Hearing was held before the court on August 24, 1970, to

consider recommendations of the parties for implementa-

tion of the August 18, 1970 order of the Fifth Circuit Court

of Appeals, which reversed certain portions of this Court’s

school desegregation plan of April 30, 1970.

Benjamin ©. Willis, school superintendent, presented a

written report (Defendants’ Exhibit No. 4), suggesting

(1) alternate plans for assigning specific grades to the

schools which had been paired or grouped by the Fifth

Circuit order; (2) that North Area Plan ““D” was the

most appropriate pairing/grouping plan for that area, and

(3) a new pupil transfer plan for the school system. The

report was supplemented by an oral presentation by the

school superintendent, by argument of counsel and by lim-

ited testimony of various members of the school staff.

The school superintendent and staff stated that it would

not be possible to implement the new pairing/grouping

’ , = - ee TREAT EP COT A AL HY TRIE CR TR

: , PEE SOI TEED IIT SORT ELONTS al

Si a at ca a aa a ea i ie

sat paeecrat:

plan by August 31, 1970, and that implementation be de-

layed until February 1, 1971.

Counsel for plaintiffs presented oral argument in opposi-

tion to certain of the alternate suggestions of the school

superintendent, and urged immediate adoption of the

amendments of the school plan of the Fifth Circuit, so

that the new plan might be implemented at the scheduled

opening of the public schools of the county on August

31, 1970.

The court concludes that it is physically impossible to

implement the Fifth Cireuit school plan of August 18,

1970, by the scheduled opening of school on August 31,

1970, for the reasons stated in the School Implementation

Report of August 24, 1970 (Defendants’ Exhibit No. 4),

and that the welfare of all the children to be reassigned

to the grouped/paired schools, would be better served by

attending school as assigned under this court’s plan of

April 30, 1970, until the short day when they ean be re-

assigned under the Fifth Cireuit Court’s modifications.

It is significant that the Fifth Cireuit Court order specified

that its provisions should be implemented for the ‘‘1970-

1971 school year’’ and does not specify the opening day of

school on August 31, 1970.

Counsel for Intervenors Blanche Ely High School Par-

ent Teachers Association, and Irene S. Clarke registered

his continued objection to the scheduled closing of Blanche

Ely High, and suggested that the school board operate the

schools under the 1969-1970 plan during the interim pe-

riod while activating the new Fifth Circuit plan.

This court had found by its order of January 22, 1970,

that the school system as then being operated by the board

constituted a dual system of public schools, segregated by

race. Counsel for the school board pointed out that the

April 30, 1970, plan adopted by this court had been totally

implemented for opening of the schools in one week for

the 1970-1971 school year, and that any substantial

49a

changes, whether implementation of the Fifth Circuit plan

of August 18, 1970, or returning to the 1969-1970 plan,

would require new planning and implementation as set

forth in Defendant’s Exhibit N o. 4, and could not be done

by the scheduled opening of school August 31, 1970.

The school board’s professional staff expressed a prefer-

ence for the proposed ‘*B”? alternates of the boards Ex-

hibits No. 4, for assigning specific grades to the schools

grouped or paired by the Fifth Circuit, as being sounder

educationally in offering a more continuous instructional

program and requiring less transportation. The general

plan of the ‘*B” alternates, continues the first three or

four elementary grades in each school within a group, ex-

cept one school in the group, and assigns the last two or

three elementary grades to that school. Since this plan

calls for a general ‘splitting’ of grades for reasons not

connected with the student capacities of the schools, or

other valid reasons, it appears to be contrary to the Fifth

Circuit Court order of August 18, 1970, and cannot be

approved by this Court.

The alternate ‘‘A’’ plans provide generally for conven-

tional assignment of whole grade to the same school within

the pair or group in accordance with the Fifth Cireuit di-

rections, but calls for “‘splitting’’ grades in three of the

thirteen groups/pairs.

The Fifth Circuit Court’s order provides ‘‘. . . in de-

ciding which grades will attend which schools, the dis-

trict court is ordered to comply with the following require-

ments: (1) In every attendance zone created by pairing

and clustering, the court must make every reasonable

effort to avoid “‘splitting’’ a grade, L.€., assigning any

particular grade to more than one school; (2) If in some

instances it does become necessary to split a grade, the

court will assign the students in that grade in such a man-

ner that the degree of desegregation ordered by this

court for that attendance zone will not be diminished.’’

SRR:

IA SEA RONEN 6 SI aT NRE SRY Rare

ba ec Seas

Directive (1) above concerns groups/pairs in which no

grades are divided or ‘‘split’’ between schools. Variations

in precentage of Black Students in the individual school

from the percentage of Black Students in its total group/

pair are thus approved, since the percentage of Black

Students varies from grade to grade.

Directive (2) above concerns only those grades which

are divided or ‘‘split’? between schools and appears to

be designed to prevent the use of ‘‘splitting’’ of grades as

a means to diminish the percentage of desegregation. The

court interprets this provision to require that each of the

separate portions of ‘‘split’’? grades be composed of sub-

stantially the same percentage of Black Students.

A second hearing in this cause was called by the court

on a few hours notice on August 26, 1970, for the pur-

pose of the courts’ obtaining from the school board staff

the justification for the ‘‘splitting’’ of grades in the three

groups (Groups I and II, South Area and Group ITI,

Central Area) in which this technique was recommended

in the schools implementation report of August 24, 1970.

The staff indicated the ‘‘split’? grades were necessary in

order to make a better balanced use of the student capaci-

ties of the schools. A secondary benefit also resulted in

retaining some of the students closer to their homes, thus

reducing transportation required. The court so finds; how-

ever, it appears that the percentages of Black Students

assigned to the separate portions of the ‘‘split’’ grades

varies too widely and therefore do not comply with the

requirements of Directive #2 set forth above.

Accordingly, it is ORDERED and aDsJUbGED that:

1. Plan ‘‘D”’ of the Fifth Circuit Court’s alternate plans

for the grouping/pairing of elementary schools in the

North Area is hereby adopted by this court as the plan for

that area.

2. The Alternate ‘‘A’’ plans of the school superinten-

dent’s implementation report of August 24, 1970, for as-

5la

signment of specific grades to the various schools within

the groups or pairs, are hereby approved, provided, how-

ever, the following modifications to the Alternate ‘‘A”’

plans shall be made:

Group I, South Area (Carver Ranches, Lake For-

est, Orange Brook, Watkins); Group II, South

- Area (Moore, Colbert, Hollywood Central, Hallan-

dale); Group III, Central Area (Sabal Palm,

Westwood Heights, Sunset): The proposed as-

signment of students in all ‘split’? grades shall

be changed so that each separate portion of the

‘‘split’? g-ades is composed of substantially the

same percentage of Black Students.

- Group I, Central Area (Larkdale, Lauderhill,

Castle Hill): The 81 Sixth Grade Black Students,

being the only Sixth graders in the group, which

are assigned to Larkdale, shall be transferred to

the appropriate middle school or Junior High

School.

Group V, Central Area (Walker, North Side, East

Side): The 101 Sixth Grade Black Students, being

the only Sixth graders in the group, which are as-

signed to Walker, shall be transferred to the ap-

propriate middle school or junior high school.

. Group VI, Central Area (Dillard, Lauderdale

Manors, Wilton Manors): The 100 Sixth Grade

Black Students, being the only Sixth graders in

the group, which are assigned to Dillard, shall be

transferred to the appropriate middle school, or

Junior High School.

. The school board shall prepare and transmit to

the court by August 31, 1970, new charts reflecting

the changes required to be made in paragraphs 2a,

b, c, and d hereof.

52a

3. Pupil Reassignments shall be governed by the fol-

lowing:

a. Any pupil shall have the right to transfer from

a school at which his race is in the majority to any

school (not just the next nearest school) at which

his race is in the minority, and the board shall

furnish free transportation to any such pupil, pro-

viding the distance involved meets transportation

statutes.

b. Tranferees shall be given priority for space. This

priority provision, applies only to transfer re-

quests made prior to the beginning of each school

term. When a transfer request is received by the

school board during a school term, it may be de-

nied at that time if there is no space available in

the school to which the student wishes to transfer.

In such a situation the transfer request will be de-

ferred until the beginning of the next school term,

at which time the transfer applicant will be given

an absolute priority for space.

4. The Broward County School Board and School Super-

intendent shall immediately take all action necessary or

desirable to implement at the earliest possible time the

August 18, 1970 order of the Fifth Circuit Court of Ap-

peals and this order. Until the short day when such imple-

mentation may be accomplished, students shall report to

schools as presently assigned. The board must recognize,

as the court does, that the best interests of the students

will be served if reassignment of students is accomplished

in the minimal time.

5. A hearing will be held before the court on Wednes-

day, September 2, 1970, at 3:30 p.m., and the Broward

County School Board and School Superintendent shall

then submit to the court a list of necessary matters yet

remaining to be done to implement the August 18, 1970,

order of the Fifth Circuit Court of Appeals and this or-

53a

der, and the time needed to accomplish them. Plaintiffs

may also submit evidence and argument with respect

thereto and the court will fix the date for implementation

thereof.

6. The speaking motion of W. George Allen, attorney for

the plaintiffs, for leave to file a petition to compel de-

fendant school board to pay him attorney’s fees and costs

for his representation of plaintiffs in this cause is granted

and he shall have twenty days to file such motion with

accompanying memorandum of law and affidavits. Coun-

sel for defendant school board shall have twenty days

thereafter in which to file opposing meni *andum of law

and affidavits. The court will set oral argument thereon

if either side asks for a hearing.~

7. Argument will be heard by the court on the merits

of intervenor T. Minton Baughman’s petition at 3:30

p-m., Wednesday, September 2, 1970.

Done and orpeRep at Miami, Florida, this 28th day of

August, 1970.

/s/ Ted Cabot

United States District Judge

54a

IMPLEMENTATION

THE FIFTH CIRCUIT COURT OF APPEALS ORDER

NO. 30032

Benjamin C. Willis

Superintendent of Schools

August 24, 1970

Tue ScHoot Boarp or Browarp County, Fioripa

1220 Southwest Fourth Street

Fort Lauderdale, Florida 33312

For dedicated service to education in Broward County

and for performance above and beyond the call of define

duties, I gratefully acknowledge the assistance of the fol-

lowing people in the formulation and compilation of this

document.

William C. Drainer

Associate Superintendent for Operational Services

Harry F. McComb

Associate Superintendent for Curriculum and Teaching

Hal P. Jackson

Associate Superintendent for Administration and Per-

sonnel

William T. McFatter

Associate Superintendent for Finance and Accounting

James J. Gardener

Director of Special Projects

Albert H. Beckett

Assistant Associate Superintendent for Operational

Services

Warren C. Cox

Curriculum Assistant, Central’ Area

55a

James F. Wrinkle

Coordinator, Pupil Assignment

Daniel DeMauro

Coordinator, Safety Department

Arthur S. Healey

Supervisor, Language Arts

Daniel P. Lee

Supervisor, Inservice Education

For secretarial and production assistance, I am grateful

to the following people:

Rebecca, Kunze, Alberta A. Hoeber, Jane Back, Carol

A. Drouet

The imposition of a social decree can be as deli-

cate as the dew, as omnipotent as the sun, and as

accepted as both—it is the timing that makes it

bitter or sweet.

INTRODUCTION

On April 30, 1970, the School Board of Broward County,

Florida accepted from Judge Cabot the final order of

District Court for achieving a ‘‘unitary school system’’

in Broward County. The Board appreciates the fact that

Judge Cabot carefully considered its own plan for school

integration which he measured against constitutional

standards.

In his comprehensive review of the matter, Judge Cabot

supported the Board’s contention that the pairing of

schools is educationally unsound by specifically rejecting

the recommendations for pairing of schools submitted by

the Desegregation Consulting Center with whom staff

members of the Broward School System had worked on

orders of the District Court itself.

In this current review of the issue, the School Board

of Broward County and its staff wishes to pay tribute to

56a

the careful procedures and judicious understanding of

Judge Cabot in formulating a decision which, while it was

a difficult one to execute in a period of three and one-half

months, has been accomplished without a serious disrup-

tion of the improving race relations in our community and

_ without threatening a sound instructional program for the

120,000 elementary and secondary school students in

Broward County.

The School Board of Broward County is dismayed at

the untimely and seemingly arbitrary ruling of the Fifth

Cireuit Court of Appeals in New Orleans which so

abruptly dismisses the ‘‘decidedly impressive’’ efforts of

its staff members to effect, by the opening of school on

August 31, 1970, the order of Judge Cabot, which was

accepted, developed, and implemented in good faith. It is to

Judge Cabot’s credit and it is a measure of his astute

grasp of the issues involved that he provided an adequate,

if not ample, time period within which multitudinuus prob-

lems could be defined and solutions found.

HISTORICAL BACKGROUND AND

ACCOMPLISHMENTS

Even prior to the decision handed down by Judge Cabot,

the Broward School Board, its Superintendent and Staff

had worked in good faith to meet the requirements for a

unitary school system as it was then understood. The plans

called for an educationally sound desegregation schedule

that began in the early 1960’s, and was given impetus by

the passage of a 108.6 million dollar bond issue in 1968.

This bond issue provided facilities for an orderly change

from a partially segregated system to a unitary system.

All grades 6-12 were to be desegregated by a plan com-

mensurate with sound educational research. Elementary

schools were to remain as neighborhood schools.

As judicial interpretations of the 1954 decision cLanged,

the school system worked with various agencies as neces-

sary, always in good faith, to make the changes necessary

57a

to implement the ever new and changing guidelines that

developed, seemingly on the whim of the hour. At various

times they worked with representatives of the Department

of Health, Education, and Welfare both at Washington

and Atlanta as well as the Desegregation Consulting Cen-

ter at the University of Miami.

The plans called for a desegregation schedule beginning

in 1968 for completion by 1973. All secondary schools

were to have been desegregated, with elementary schools

remaining as neighborhood schools.

The school system has always believed in the educa-

tional soundness of the neighborhood schoo) concept espe-

cially at the elementary level, although agencies and courts

seem continually to attack the plans predicated on this

concept. This order effectively destroys the neighborhood

school for certain groups of students.

On March 16, 1970, Judge Cabot ordered the Schocl

Board of Broward County to establish a unitary school

system by April 9, 1970. Since that date, school boundaries

have been altered to comply with the order, parents have

been notified and 24,000 students have been reassigned.

A new organizational pattern was implemented to change

elementary schools from grades one through six to Kin-

dergarten through five; junior high schools from grades

seven through nine to middle schools with grades six

through eight; and senior high schools from grades ten

through twelve to nine through twelve. Additionally, two

new high schools were organized for grades nine through

twelve.

A plan for teacher reassignment was devised by a group

selected by the Superintendent and under this plan 1127

teachers have been reassigned to new school centers.

Principals cooperated with the Personnel Division in the

selection of those persons to be reassigned so they would

best fit the educational needs of the schools. For example,

combinations were established so that teachers would not

58a

leave a flexible school but were reassigned to another flexi-

ble school. Teachers in self-contained type school centers

were reassigned, insofar as possible, to other self-contained

type centers. ;

Teachers with experience in individualized instructional

programs were assigned to schools with similar programs

wherever possible. As a part of this plan, an inservice

training program was prepared and has been carried out.

The program was begun with a county-wide television

‘program conducted by the Superintendent and his staff.

It was telecast into all schools. All members of the pro-

fession were given the opportunity to phone in their

questions so that each person would understand the im-

pact of the integration order on his particular situation.

Additionally, inservice programs in the form of work-

shops were held for teachers who were transferred from

familiar programs into others with which they had no

familiarity, e.g., a teacher with self-contained classroom

experience transferred to an individualized program was

given the opportunity to learn some of the techniques to

be expected of him in 1970-71.

Human relations specialists have addressed education

groups to prepare personnel for some of the problems

of integration which they might encounter. There have

been a total of 515 participants in a series of inservice

programs.

Other human relations workshops were conducted for

principals, assistant administrators, and guidance person-

nel to prepare them for the special problems they will

have to deal with in the desegregation process. For these

workshops consultants were obtained from other school

systems in Florida which have experienced this change.

Special workshops were held during the week of August

10 to August 17 for teachers newly assigned to flexible

school programs as a result of plans for desegregation.

The number of participants was 136.

59a

Also there has been a program of school intervisitation

based on system of faculty exchange which has allowed

teachers with little experience in integrated school settings

to see first hand the operation of fully integrated schools.

In the current plan the percentage of teachers to be

relocated reflects directly the number of students of each

race at the elementary, junior, and senior high school level.

This is in compliance with Judge Cabot’s order for a

unitary school system.

Special efforts to obtain the textbooks appropriate for

the changed student body in newly integrated schools were

made by the Textbook Department and the supervisory

staff working with school building principals.

The Supervisor of.Instructional Materials has conducted

an analysis of school libraries to make sure that adequate

and appropriate materials were available for students in

newly integrated schools.

Budgets for the current year, which are preprred for

schools on a per pupil cost basis, have already been com-

puted on the basis of enrollments expected as a result of

implementing Jud~- Cabot’s order.

Principals have received these budgets, assigned the

funds to supplies and materials categories appropriate to

their instructional program for the new year, and have

returned those budgets to the county for processing. A

tremendous amount of supplies and materials have already

been bought to support the instructional program antici-

pated in each school for the 1970-71 school year.

Bus routes in Broward County which cover a total of

16,000 miles per day have had to be substantially changed

to accommodate new school boundaries resulting from

Judge Cabot’s order. Additional miles of travel required

amount to an increase of 5500 miles per day, one million

miles per year, at a cost of approximately $370,000. An

additional 4,000 students will have to be transported ;

60a

special authorization for transporting 159 students has

been given because of hazardous conditions on new access

routes.

The driver’s day has been increased from 714 hours to

8% hours per day which places most of the drivers into

the overtime pay category. Ten drivers have resigned

because of this increase in length of working day and

because of problems inherent in the integration process—

real and imagined. At this point, the System needs 40

additional drivers. These drivers have to go through a

minimum training program of 40 hours which requires a

minimum of two weeks until that driver is hired and as-

signed to a permanent route.

Buildings and programs originally designed to accom-

modate one age group of students have been to a great

extent redesigned to accommodate new groupings of stu-

dents. Furniture, equipment, library books and textbooks,

materials and supplies have been shifted from school to

school in order to accommodate these new grade groupings

and ages of students.

Broward County has.a totally accredited. school system

in grades 1-12. This accreditation is based on adequate

program and building design, adequate equipment and

materials, and the training of teachers. Implementation

of Judge Cabot’s order required that standards be kept

in mind at all times in order not to jeopardize the accredi-

tation of the Broward County School System. Large stu-

dent enrollments in the senior high schools and the result

of double sessioning of these schools has required the ad-

dition of 30 school administrators to absorb the adminis-

trative load with this size program. This cost $360,000.

The tremendous number of students shifted and the

tracking problem involved in order to insure their records

followed them, and followed them in an up-to-date condi-

tion, required that administrators, guidance personnel, and

secretaries be employed for an additional 19 days; 53

61la

people worked during the summer at an estimated cost of

$37,000.

A primary concern of school and comrnnunity leaders

alike, as they planned to implement District Court orders,

was the health and safety of the thousands of children

who would be required to travel greater distances or over

new routes to get to school. Many special provisions have

been made to guarantee their welfare:

new streets and sidewalks have been built

many walk ways have been extended

new signal lights have been installed

adults have been hired as crossing guards

needed school zones and markings have been made

traffic control devices have been obtained

security officers have been assigned to some schools

Civic leaders and school personnel have worked diligently

for the past four months to build healthy attitudes within

the school communities to be most severely affected by

the new school attendance regulations. These efforts have

been aimed at several specific goals;

allaying the fears of parents whose children will have

to move from a familiar school to a new one

studying access routes to all schools to assure safety

for children

building positive relationships between parents and

new school faculty members

familiarizing students with the new schools they would

be attending

Because Judge Cabot had wisely permitted a period of

adjustment for implementing his decision, school and com-

munity leaders have been able successfully to overcome

the initial, strong emotional reaction which followed the

order in some communities. The importance of the factor

of time cannot be over emphasized, for although buildings

can be altered and furniture moved on schedule, the atti-

Te an ae

Ce? RT a

62a

tudes and feelings of people, especially on a matter so vital

as the education of their children, need time to adjust.

CONCERNS OF IMPLEMENTATION

The Educational Problems

It is especially alarming to the School Board of Broward

County, Florida, to contemplate that a judicial decision

made in New Orleans might have the effect of subverting

recent massive efforts of the whole school system to re-

organize its instructional program in a way to provide a

continuous and effective learning experience for all stu-

dents. Tremendous amou~‘s of money, time, and effort

have been invested in teacher training, materials develop-

ment and experimentation with innovative uses of space

and time within the school day.

These massive efforts have resulted in a break-through

in education organization which promises to effect great

strides in educational achievement countywide. Careful

planning has guaranteed that no disruption of this pro-

gress will occur in the implementation of Judge Cabot’s

decision; however, if school pairing is to be foreed on our

school communities to meet the demands of one definition

of a unitary school system time and effort have been

wasted and the promises to our children will remain un-

fulfilled.

The essential condition of school pairing by grade levels

will work in direct opposition to the reorganization of our

school program which is already under way. All of these

plans have been formulated seeking only to provide the

best possible and most appropriate education for each

child considering him only as an individual and not as a

racial statistic. An essential part of a continuous individ-

ualized program is the gradual reduction of grade level

barriers which can hinder student progress.

A court decision which requires segregation of students

into fixed grade levels without concern for their individual

63a

needs is the result of an impaired vision which cannot

discriminate the needs of an individual as an individual.

Clustering or pairing under all the court-ordered plans

presented, causes a conflict in the educational continuum

for the student, e.g., adjusting to a traditional program in

one school, the student is then required to adjust to a

flexible type program the next year.

The possible loss of the kindergartens in the affected

schools because of grade assignments would be another

educational loss.

Facility Problems

Relocating portable building to effect the changes.

Relocate the furniture to accommodate the size of the

students.

Renovation of facility to accommodate the new age

group housed in the facility, i.e., chalk boards, washrooms,

and drinking fountains.

Relocate the instructional materials to correspond to

the program.

People Problems

Reorientation program for the community, parents,

teachers to gain reacceptance and renewed cooperation in

implementing the plan.

Family adjustment to children in as many as three

elementary schools with a variation in opening and closing

times for each. The family readjusts to the loss of the

services of the older children in supervising the younger

ones in going to and from school, only to find that they

must now belong to three P.T.A.’s.

Program variation between paired schools minimizes the

effectiveness of family involvement in assisting each other

with school work.

Cy een

SP SANE Cannan

ot Risin Se

PL,

64a

Many teachers will require additional inservice training

in order to utilize effectively the new instructional environ-

ment into what they have been reassigned. This disruptive

effect on the teachers will carry over to their interaction

with students.

Already successful integrated situations are destroyed,

and may never be rebuilt, and the new ones required take

at least as long to build as the old ones did.

Safety Problems

The clustering has not considered the time, effort, and

money expended by the various communities and agen-

cies in providing sidewalks, traffie control, crossing guards,

and the marking of safety lanes required for the safe move-

ment of students to their presently assigned schools. In

addition, nine student crossings will have to be constructed

over Interstate I-95, and two crossings over the Sunshine

State Parkway. Construction work on 1-95 presents addi-

tional problems.

Transportation Problems

Lack of trained drivers and substitute drivers.

Bus routing is circuitous, causing riding times to be

unnecessarily long for the younger students.

New transportation equipment cannot be obtained, thus

adjustments must be made in timing routes and school

opening and closing.

DISCRIMINATORY ASPECTS AND CONCLUSIONS

Discrimination

A careful study of the Court’s plans reveals it to be dis-

criminatory in several ways. In the first place, the schools

being directed to pair are located within the central and

more densely populated areas of the county. Residential

areas near the ocean and in the growing western section

of the county where a predominance of upper-middle class

65a

white families live remain relatively unaffected. It would

be difficult not to interpret this most recent court order as

discriminatory in favor of these more affiuent areas of the

In addition, any court order directing a Specific reor-

ganization of schools is discriminatory against a local

Review ;

The administrative and educational problems have been

enumerated in detail, but demand repetition here to pro-

vide concise reviewing of the problems. Referring to any

one of the clusters, they contain people, young people, one-

sixth of whom are going to school for the first time this

fall. They contain the teaching staffs which have been

assigned for almost four months.

It is unthinkable; it is amazing, that anyone could in-

terpret this as a situation that could be completely redi-

66a

rected as suddenly as the court demands. The more in-

formation one gets from those who are familiar with the

schools, streets, highways, and the people the more the

impracticability of a head-long rush into implementation

becomes apparent. The implementation of decision on stu-

dent and teacher reassignment is overwhelming. The

preparation of the facility for different students and the

accumulating of instructional materials for the grades

assigned presents and arduous logistics problem. All of

these compounded with problems of transportation, safety,

and community relation makes unreasonable the implemen- —

tation of the order in the manner prescribed.

The additional financial burden of accomplishing these

changes would put a strain on the already strained finan-

cial condition of the system. Implementation as required

would demand the expenditures of resources which could

otherwise be directed towards the implementation of a

desegregation which the community, parents, students, and

educators had planned in good faith, worked for in good

faith, and were going to implement in good faith.

The conclusion can be only that cluster/pairing using

only statistics is educationally, logistically, and economi-

cally unsound.

THE SCHOOL BOARD OF BROWARD COUNTY,

FLORIDA

1320 S.W. 4th Street

Ft. Lauderdale, Florida, 33312

August 24, 1970

IMPLEMENTATION OF THE FirtH Crrcurit Court or APPEALS

Aveust 18, 1970, OrvER

Alternatives are attached to implement the above Order

as directed by the Honorable Judge Cabot for the August

24, 1970, hearing. It should be stated that we could cluster

the schools a little better than those identified by Court.

67a

THE SCHOOL BOARD OF BKOWARD COUNTY,

FLORIDA

1320 S.W. 4th Street

Ft. Lauderdale, Florida, 33312

August 24, 1970

RATIONALE FOR ALTERNATE A

1. Capacity a prior item

2. Black and White ratio as specified by the Court

RATIONALE FOR ALTERNATE B

Capacity a priority item

Emphasis on a more continuous instructional program

Black and White ratio as specified by the Court

Minimum of: Transportation

Teacher transfers

Pupil reassignments

Movement of furniture, ete.

Renovations such as lowering or raising chalk-

boards, ete.

SOUTH AREA

I. Carver Ranches, Orange-Brook, Lake Forest and

Watkins

ALTERNATE A

Carver Ranches ............. oth and 6th Grades

Orange-Brook ............... Ist and 2nd Grades

Lake Forest ................ 2nd and 3rd Grades

Me ee 3rd and 4th Grades

ALTERNATE B

Carver Ranches .............. oth and 6th Grades

Orange-Brook ...... Ist, 2nd, 3rd and 4th Grades

Lake Forest ......... Ist, 2nd, 3rd and 4th Grades

Watkins ............ Ist, 2nd, 3rd and 4th Grades

68a

II. Moore, Colbert, Hollywood Central and Hallandale

ALTERNATE A

Hoilywood Central .......... 1st and 2nd Grades

es ae ee uc eas 8 2nd and 3rd Grades

NE 5 owe udicadvick certs 3rd and 4th Grades

So Ube eh cin boda wns eee 5th Grades

ALTERNATE B

SES ERC She rar ee ar aire gee 5th Grades

f°, eee 1st, 2nd, 3rd and 4th Grades

Hollywood Central .. 1st, 2nd, 3rd and 4th Grades

Hallandale ......... 1st, 2nd, 3rd and 4th Grades

CENTRAL AREA

I. Larkdale, Lauderhill and Castle Hill

ALTernaTEe A

DE eee oe 1st and 2nd Grades

TEs oc wc cnc uc w's pee ads 3rd and 4th Grades

SS =. oy ocak awe 5th and 6th Grades

ALTERNATE B

Larkdale ............ 4th and 5th and 6th Grades

Coste Em ............. 1st, 2nd and 3rd Grades

E@e@GOTMEE .............. 1st, 2nd and 3rd Grades

II. Broward Estates, Plantation and Pine Ridge

ALTERNATE A

os os eon bea hwo 1st Grades

asso yew sew 2nd and 3rd Grades

: Broward Estates ........ 4th, 5th and 6th Grades

ALTERNATE B

Broward Estates ........ 4th, 5th and 6th Grades

oi ara's oesd'n gee 1st, 2nd and 3rd Grades

Pine Ridge ............ 1st, 2nd and 3rd Grades

69a

III. Sabal Palm, Westwood Heights and Sunset

ALTERNATE A

Sabal Palm ............. 1st, 2nd and 3rd Grades

Westwood Heights ......... 4th and 5th Grades

WS Sisco cede cca Ist, 2nd and 3rd Grades

ALTERNATE B

Gabel Palme .............2. 4th and 5th Grades

SRP ae ea Ist, 2nd and 3rd Grades

Westwood Heights ...... Ist, 2nd and 3rd Grades

IV. Lincoln Park, North Fork, Hortt and Riverland

ALTERNATE A

WOOO WOE ences eeceeees 1st Grades

DG ee 2nd Grades

Lincoln Park .............. 3rd and 4th Grades

PU ou, ee ete ee Sth Grades

ALTERNATE B

Lincoln Park ................ oth and 6th Grades

North Fork ......... Ist, 2nd, 3rd, and 4th Grades

| See gee .. Ist, 2nd, 3rd, and 4th Grades

Riverland .......... Ist, 2nd, 3rd, and 4th Grades

V. Walker, North Side and East Side

ALTERNATE A

., ee or 1st Grades

eeren ide ................. 2nd and 3rd Grades

WE hice ce eke 4th, 5th and 6th Grades

ALTERNATE B

MT a eke cscdecs Ist, 2nd and 3rd Grades

North Side ............. Ist, 2nd and 3rd Grades

ane ore te 4th, 5th and 6th Grades

70a

VI. Dillard, Lauderdale Manors and Wiltons

ALTERNATE A

NE lias ceases 4th, 5th and 6th Grades

Lauderdale Manors ......... 2nd and 3rd Grades

Wilton Manors ..................... 1st Grades

ALTERNATE B

MN es Be Sokal 4th, 5th and 6th Grades

Lauderdale Manors ..... 1st, 2nd and 3rd Grades

Wilton Manors .......... 1st, 2nd and 3rd Grades

VII. Rock Island, Oriole and Lloyd Estates

ALTERNATE A

Lloyd Estates .............. 1st and 2nd Grades

Rock Island ................ 3rd and 4th Grades

SE ris Wee ok cae ak Sth and 6th Grades

ALTERNATE B

Rock Island ................. 5th and 6th Grades

Oriole ............. 1st, 2nd, 3rd and 4th Grades

Lloyd Estates ...... 1st, 2nd, 3rd and 4th Grades

NORTH AREA

PLAN ‘‘D’? RECOMMENDED

I. Charles Drew, Coconut Creek and Cypress

ALTERNATE A

Charles Drew ............... 5th and 6th Grades

Coconut Creek .............. 3rd and 4th Grades

RGN heen kiko bin od oie 1st and 2nd Grades

ALTERNATE B

Charles Drew ...... 4th, 5th and own 6th Grades

Coconut Creek ......... 1st, 2nd, and 3rd Grades

Cypress ........ 1st, 2nd, 3rd and own 6th Grades

7la

II. Markham, Palmview and Tedder

ALTERNATE A

Markham .................. Sth and 6th Grades

Mn kn va kde ed vance ce 3rd and 4th Grades

Palmview .................. Ist and 2nd Grades

ALTERNATE B

Markham ................... Sth and 6th Grades

Tedder ............ Ist, 2nd, 3rd and 4th Grades

Palmview .......... Ist, 2nd, 3rd and 4th Grades

III. Coleman and Pompano Beach

ALTERNATE A

Coleman ......... Wises Ist, 2nd, and 3rd Grades

Pompano Beach ......... 4th, 5th and 6th Grades

ALTERNATE B

Coleman ............... 4th, 5th and 6th Grades

Pompano Beach ........ Ist, 2nd, and 3rd Grades

IV. Sanders Park and Cresthaven

ALTERNATE A

Sanders Park ......... Ist, 2nd and 3rd Grades

Cresthaven ............ 4th, 5th and 6th Grades

ALTERNATE B

Sanders Park ........... 4th, 5th and 6th Grades

Cresthaven ............ 1st, 2nd and 3rd Grades

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99a

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

No. 70-31-Civ-TC

Frepertck ALLEN and Timotuy ALLEN, minors, ete., et al.,

Plaintiffs,

Board or Pusiic Instruction oF Browak¥ County, FLoripa,

ete., et al.,

Defendants.

Order we

Hearing was held before the court on September 2,

1970, from 4:30 to 8:45 P.M. pursuant to the court’s order

of August 28, 1970, directing the School Board and School

Superintendent to (1) make certain alterations in the

School Superintendent’s implementation report of August

24, 1970, to comply with the Fifth Circuit Court’s school

desegregation plan of August 18, 1970, and (2) to submit

to the court a list of necessary matters yet remaining to

be done and the time needed to accomplish them in order

to implement the August 18, 1970, order of the Fifth Cir-

cuit Court of Appeals and as implemented by orders of

this court. Hearing was also had on the motion of inter-

venor T. Minton Baughman, of intervenor Arthur Allen

Harris, et al., and Vinkemulder and Murray, et al.

The School Superintendent submitted revised plans for

assignment of classes to the various grouped/paired schools

(Defendants’ Exhibit 6) and no objection was made by

other parties to such revised assignment schedules.

The School Superintendent submitted a plan for imple-

mentation of the Fifth Circuit Court of Appeals order of

August 18, 1970 (Defendants’ Exhibit 5). This plan em-

braces some 35 pages and in addition contains charts and

much detailed data as to what is necessary to implement

the plan. Various department heads on the school board

staff then testified in support thereof and were interro-

& Me ae

100a

gated by the court and cross-examined by plaintiffs’ coun-

sel. Although the written plan calls for implementation

costs of more than 2.6 million dollars and a minimum im-

plementation may be had at much lower cost and in far

less time.

Most of the implementation of the Fifth Cireuit Court

plan may be made on an emergency basis within the thirty

days time suggested by plaintiffs, although, of course, the

orderly preparation for the education of the children in

such areas as adjustment of curriculum and _ in-service

teacher training cannot be carried out within that time.

Particularly distressing, for example, is the situation that

arises in the grouping of schools in which one is presently

used predominantly for children of migrant laborers un-

der a special federal grant, where the teachers have been

specially trained, and curriculum devised to supply de-

ficiencies in culturally deprived children, many of whom

are slow learners; where the second school in the group

was built without classroom partitions under the new

‘open school’? concept, coupled with team teaching and

specially trained teachers and substantial obliteration of

grade levels as applied to the teaching materials and cur-

riculum so the child may progress in accordance with his

capacity and inclination; and where a third school, of

older vintage, uses the traditional grade levels and con-

cepts. There does not appear to be sufficient discretion left

to this court under the Fifth Cireuit order to make allow-

ances for these educational differences.

One area which makes the immediate implementation of

the Fifth Cireuit Court order physically impossible is that

of transportation of students, unless of course the school

children who are more than two miles from the school

which they will attend and thus under state statute en-

titled to free transportation, shall be left to furnish their

own transportation.

The system now transports 33,000 students with 102

busses of 75 student capacity each on regular routes, and 30

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10la

busses of 60 student capacity and with special lifts and

equipment for the transportation of physically and men-

tally handicapped children. These special busses also

carry regular students in order to make maximum use of

capacity. There are 20 spare busses of the regular model

and two spares of the special model. These spares are used

to substitute for busses undergoing maintenance and for

emergency runs when busses are broken down. The busses

each make five round trips per day, the opening and clos-

ing times of the various schools being staggered in order

to make this maximum utilization of the busses possible.

This year the drivers began leaving on their routes at 5:00

and 5:30 A.M. and the last of them return at 6:00 and 6:30

P.M., the drivers averaging eight and one-half to nine

hours per day on the road. There are now 152 drivers. All

are women except one. There are 17 new drivers who have

just completed the required 30 hours training and are

ready to begin driving on a bus route; two drivers will

take qualifying road tests this week; one applicant has

passed her aptitude, health, ete., requirements and is ready

to begin training. The hiring by the transportation depart-

ment is a continuing proposition and there are no pending

applications by qualified persons although much advertis-

ing for drivers is done. The drivers receive $2.40 per hour

in the beginning with increases up to $3.75 per hour.

The additional students to be transported under the

Fifth Cireuit Court plan will be 11,671, requiring 57 new

busses, each to be used on three round trips per day. All

of these students meet the two mile statutory requirement,

although there are many students residing less than two

miles from their schools who should be bussed because of

the safety factors.

The last busses ordered by the School Board were de-

livered in eight months though prior orders took one year

for delivery. Busses could be leased by the School Board

on a temporary basis but none would be available in less

than four months according to the information the school

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102a

transportation supervisor could secure and report to the

court in the time available prior to the hearing. The super-

visor also reported that none of the local bus or trans-

portation companies she had inquired of could supply the

need. It would be reasonable to assume, however, that

further wide ranging and determined inquiry may disclose

the availability of suitable transportation within some

period less than the four months reported. The acquisition

and training of new drivers must be left to the ingenuity

of the School Board and its staff.

In the area of assuring safety to the students, particu-

larly in walking to and from schools, it was necessary in

implementing the district court plan of April 30, 1970, to

have 26 new traffic signals installed by the various cities

and by the county, to build 12 or more sidewalks, to install

fencing on certain canals and traffic arteries which pre-

sented special dangers to the school children. A similar

volume of work in this area must be done to implement the

Fifth Cireuit Court plan, but it would seem that an all-out

application of the school staff to this difficulty would solve

most of the problems with the exception of securing new

traffic lights by some of the cities by the beginning date for

implementation of the Fifth Circuit Court plan.

It would appear that other areas which must be treated

to implement the plan can be done on an emergency basis

prior to the beginning date for the change-over to the Fifth

Circuit Court plan. Accordingly, it is

OrDERED and ApsupceED that:

1. The amended alternate ‘‘A’’ plans of the School Su-

perintendent submitted August 31, 1970 (Defendants’ Ex-

hibit 6) are approved by the court and shall be imple-

mented by the School Board and the School Superintendent.

2. The School Board and the School Superintendent shall

immediately take all action necessary or desirable to im-

plement at the earliest possible time the August 18, 1970,

8 ated Sa

103a

order of the Fifth Circuit Court of Appeals and the orders

of this court of August 28, 1970, and this order. The neces-

sary changes shall be made in stages where practical and

where such procedure will result in an earlier desegrega-

tion of the schools and the establishment of a unitary sys-

tem of schools; that is, it may be possible to implement

student desegregation for one group or pair of schools

because of the availability of transportation or for other

reasons at an earlier time than the desegregation of an-

other group or pair of schools. In any event the Fifth

Circuit Court plan shall be fully implemented not later

than November 15, 1970.

3. The petitions to intervene of Baughman and Harris

are denied without taking testimony on the merits, and the

petition of Vinkemulder and Murray, et al., having been

included in the School Superintendent’s amended plan, is

granted.

Done and Orperep at Miami, this 4th day of September,

1970.

/s/ Ted Cabot

Tep CaBot

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.