United States v. Kemper County Board of Education, 3:66-cv-01373

Background

This desegregation case stems from a 1967 injunction against the Kemper County Board of Education; after the Fifth Circuit rejected the Board’s freedom-of-choice plan, white parents formed Kemper Academy in 1970 as a segregation academy.
The Board historically aided Kemper Academy (e.g., donated buses, desks, equipment) and permitted Academy students to use District programs and facilities.
The District is overwhelmingly Black (≈96%); Kemper Academy remains virtually all-white (≈99%).
In recent years the Board allowed Academy students to take District CATE (career & technical) classes without reimbursement; the Board later stipulated those interactions hindered desegregation.
The United States and the Board jointly moved to approve construction of a new consolidated elementary school and to end unauthorized aid to Kemper Academy; the Court granted the motion but imposed detailed conditions, reporting requirements, and a five-year retention of jurisdiction (through June 1, 2027).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Board may construct and consolidate schools without promoting resegregation	Approval is appropriate only if construction and consolidation further desegregation and come with safeguards.	Board seeks authorization, arguing new school will further desegregation and attract non-district white students.	Court granted construction with required notices, a consolidation plan, monitoring, and periodic status reports.
Whether past Board aid to Kemper Academy violated desegregation duties	Board’s transfers of buses, equipment, and services aided a segregated private school and violated its duty not to encourage private segregation.	Board acknowledged past interactions but sought to move forward under court supervision.	Court found the Board’s past aid unlawful and enjoined future support except as mandated by federal law (e.g., IDEA).
Whether Academy students may use District CATE programs and facilities	Such access (without reimbursement) perpetuates segregation and must cease except for IDEA obligations.	Board had allowed limited access and sought a transition; noted IDEA exceptions for special-education services.	Court ordered cessation of Academy students’ participation (except as required by IDEA), allowed completion of an already-in-progress term, and forbade future enrollment in CATE by Academy students.
Scope of oversight, reporting, and property transfers	Continued court supervision and prior approval for transfers/sales are needed to prevent circumvention of desegregation obligations.	Board accepted court oversight as part of obtaining approval but requested authority to proceed with construction.	Court retained jurisdiction through June 1, 2027; required detailed consolidation/use plans, annual reports of all District–Academy interactions, and prior court approval for property transfers and significant disposals.

Key Cases Cited

Green v. County School Board, 391 U.S. 430 (1968) (establishes duty to eliminate dual school systems and vestiges of de jure segregation)
Norwood v. Harrison, 413 U.S. 455 (1973) (state may not provide tangible aid that supports racially segregated private schools)
U.S. v. Hinds County School Board, 417 F.2d 852 (5th Cir. 1969) (freedom-of-choice plans inadequate to remedy segregation)
U.S. v. State of Mississippi, 499 F.2d 425 (5th Cir. 1974) (districts must not encourage or aid private segregated schools)
Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 (1971) (construction and closings of schools implicate desegregation obligations)
Board of Education v. Dowell, 498 U.S. 237 (1991) (scope of judicial supervision and standards for withdrawing desegregation orders)
Anderson v. Canton Mun. Separate Sch. Dist., 232 F.3d 450 (5th Cir. 2000) (new construction must not promote resegregation in formerly dual systems)
Dayton Board of Education v. Brinkman, 443 U.S. 526 (1979) (continuing duty to eradicate effects of segregated systems)
Columbus Board of Education v. Penick, 443 U.S. 449 (1979) (each failure to fulfill desegregation duties continues a constitutional violation)
Smith v. Board of Concordia Parish, 906 F.3d 327 (5th Cir. 2018) (courts may condition authorization of new/charter schools to prevent undermining desegregation)