524 F.2d 928 | 5th Cir. | 1975
In conformance with our opinion in Adams v. Rankin County Board of Education, 5 Cir., 1973, 485 F.2d 324 which
Dealing with these issues seriatim, we find that the District Court had ample basis upon which to conclude that the teachers were properly discharged. There was no showing that the dismissals were the result of racial discrimination, United States v. Jefferson County Board of Education, 5 Cir., 1967, 380 F.2d 385, 394, and on the contrary there was substantial evidence from which the District Judge could conclude that the teachers were incompetent. See District Court’s report to the Fifth Circuit at p. 10, App. at 71.
Concerning the nonprofessional employees., in light of the District Court’s finding that all of these employees had been re-employed we deem this issue to be moot.
Finally, relying on our recent decision in Hander v. San Jacinto Junior College, 5 Cir., 1975, 519 F.2d 273, 279-80, we find that under the applicable Mississippi statutes the Rankin County School system is a locally controlled institution which is supported largely by local revenues
Affirmed and remanded with instructions.
. This report is set out in the Appendix on appeal at 62-77.
. See App. at 84-86.
. See App. at 112.
. The county school systems in Mississippi are primarily funded by local ad valorem taxes and the funds obtained thereby are only supplemented by the state if insufficient to accomplish the educational needs of the county. See Miss.Code Ann. § 37-19-15 (1972). In addition, the statutes provide for a flexible tax structure which continues to tap local resources when increases in educational expenses are necessary to accomplish local educational goals. See Miss.Code Ann. § 37-57-1 et seq. (1972). Thus, it is apparent that any award of back pay would come primarily from local funds rather than out of the state treasury.