1:70-cv-02008
W.D. Tenn.Mar 6, 2017Background
- This desegregation case began in 1970; the Milan City (now Milan Special) School District was subject to a 1970 desegregation plan; an inter-district transfer order was entered in 2005.
- In 2009 the Court approved a Consent Decree finding the District unitary in faculty, staff, transportation, extracurriculars, and facilities, but reserved student assignment and quality of education—specifically discipline practices and gifted program referrals—for further review.
- The District retained the Southeastern Equity Center, revised discipline policies (limiting suspensions, conducting referral reviews, teacher counseling/training), and implemented more expansive, race-neutral gifted screening (e.g., universal 4th and 7th grade screening, designated gifted instructor).
- The United States reviewed reports, documents, and conducted a site visit (Nov. 2–3, 2016) and concluded on Feb. 24, 2017 that the District satisfied its remaining obligations under the 2009 Consent Decree.
- District demographics (2015–16): ~1,925 students — 26% Black, 69% White; historical comparison to 1970 shows changes in enrollment composition.
- The Court found the District acted in good faith, eliminated vestiges of past de jure discrimination to the extent practicable, declared unitary status for student assignment and quality of education, dissolved prior injunctions, terminated jurisdiction, and dismissed the case with prejudice (March 6, 2017).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether District achieved unitary status overall, including student assignment and quality of education | United States: District complied with 2009 Consent Decree and eliminated vestiges in disputed areas | District: Implemented remedial, race-neutral policies and practices consistent with Consent Decree | Court: District met Green/Jenkins standards; unitary status declared; case dismissed |
| Whether discipline policies and practices remained racially discriminatory | United States: After revisions and monitoring, discipline is administered nondiscriminatorily | District: Revised referral/suspension authority, annual referral reviews, teacher training to prevent disparities | Court: District took concerted, good-faith measures; discipline obligations satisfied |
| Whether gifted and talented program denied equal access to Black students | United States: Concern remained in 2009 due to lack of Black referrals; subsequent measures addressed problem | District: Adopted broadened, race-neutral screening and programming (universal screenings, instructor assessments) | Court: District established adequate, race-neutral processes; gifted obligations satisfied |
| Whether injunctions and judicial oversight should continue | United States: Monitoring shows compliance; dismissal appropriate | District: Sought termination after demonstrating sustained compliance | Court: Dissolved injunctions, terminated jurisdiction, dismissed with prejudice |
Key Cases Cited
- Green v. County Sch. Bd. of New Kent Cty., Va., 391 U.S. 430 (1968) (establishes goal of converting dual system into unitary schools and identifies student-assignment focus)
- Bd. of Educ. of Okla. City Pub. Sch. v. Dowell, 498 U.S. 237 (1991) (approves termination of desegregation orders once vestiges eliminated to extent practicable)
- Freeman v. Pitts, 503 U.S. 467 (1992) (permits consideration of quality-of-education factors and good-faith compliance in unitary determination)
- Missouri v. Jenkins, 515 U.S. 70 (1995) (articulates standards for declaring unitary status and ending judicial supervision)