355 F. Supp. 1038 | D. Maryland | 1972
On July 25, 1972, 355 F.Supp. 1034, this Court filed an opinion in this case ordering desegregation within the tenth largest public school system in the United States and an end to lack of compliance with the constitutional standards enunciated by the Supreme Court in the Brown and Swann eases.
On the other hand, plaintiffs ask this Court, as indicated above, to implement the proposed staff plan effective September 5, 1972 as to the tenth and eleventh grades, and also contend that this Court should require a new desegregation plan to go into effect on January 29, 1973 with regard to the elementary and junior high schools and in September, 1973 with regard to the twelfth grade. As is apparent, the only agreement between the parties as to dates of implementation of the required desegregation changes is that plaintiffs, like defendants, desire that any change with regard to the twelfth grade be delayed until the fall of 1973. However, there is also agreement among the parties that the proposed staff plan for the senior high school is educationally sound.
That staff senior high plan was prepared during this month independently of the work being simultaneously done by The Lambda Corporation (Lambda). Testimony in this case would indicate, however, that the proposed tenth and eleventh grade plan could in all probability be coordinated with the Lambda proposals, when they are forthcoming, without any substantial additional expense, complication or delay. However, all of the testimony reveals that the staff plan cannot be implemented without delaying the opening of the tenth and eleventh, and also the twelfth, grades
The superintendent of the schools and other witnesses testified that implementation of any desegregation plan without opportunity for planning and exchange of information among teachers, counselors, students and parents, would cause chaos and would lead to increased racial tensions. However, there was also testimony from the above-mentioned senior high school principal and from a Board member that such tensions are already at a high level and that they would be reduced if the desegregation plan for the tenth and eleventh grades went into effect this fall. On balance, this Court is convinced that, at this late date, it is not possible to implement the staff plan for the tenth and eleventh grades without delaying the opening of seventeen of the eighteen senior high schools for a period of approximately one month and without bringing about great confusion in the operation of the school system and adding to the tensions which al: ready exist.
The connection between those existing tensions and the failure earlier by the Board to comply with the Brown-Swcmn mandates may not be overlooked. Further, the Board was most specifically advised by officials of the federal Department of Health, Education and Welfare (HEW) in the summer of 1971 that the Board was not in compliance with those mandates. Indeed, since August, 1971, the Prince George’s County school system has not been eligible to receive certain new federal funds because of such noncompliance. Additionally, there was delay in mid-July, 1972 with regard to lack of cooperation by the Board with Lambda. Against that background, it is most regrettable that there should be any further delay. But what must govern the determination in this case are the facts which exist today and not the facts which might have existed had the School Board acted to bring itself into compliance with the Brown-Swann standards without this Court’s Order, or had the School Board otherwise moved to correct the constitutional violations which have existed.
The Board bears a heavy burden to show the need for any delay
A vice-president of Lambda, in charge of preparing the Lambda plan, testified that his work will not be completed, at the earliest, before November, 1972. However, he also testified that the proposed staff plan for the tenth and eleventh grades could, if made effective September 5, 1972, later be coordinated with the Lambda plan without any undue expense or complication. Thus, the
During the hearing, more evidence was taken with regard to transportation costs than any other single item. That evidence convinces this Court that if the proposed tenth and eleventh grade plans were made effective on September 5, 1972, and all other desegregation was delayed until September, 1973, there might well be an additional cost exceeding three-quarters of a million dollars. That cost could probably be reduced to less than half of that amount if all desegregation other than of the twelfth grade were accomplished effective January 29, 1973. The tremendous additional cost would occur because Prince George’s County at present busses about 75,000 school children, using 496 buses
At present, there are 1500 bus trips per day. Under the proposed senior high plan, the 496 buses would make an additional 140 trips per day, would bus about 200 students who are not now being bussed,
On the other hand, this Court holds that the defendants have not borne such burden with regard to any delay beyond January 29, 1973 in connection with desegregation of the elementary and junior high school grades. While the shift of a large number of students among schools possibly requires concomitant faculty reassignments and may also entail certain curricular and extra-curricular changes, nevertheless, the testimony in. this case indicates that even allowing time for consultation by school staff officials with Lambda so as to enable the Lambda analyses and proposals to be utilized, a complete desegregation plan for all three levels, senior high, junior high and elementary, can be completed by early December or by mid-December, 1972 and implemented by the end of January, 1973. That plan would utilize the senior high plan prepared in the last month but would permit time for it to be altered to eliminate, both with and without the aid of Lambda, any substantial increases in bussing costs, the number of students being bussed, and the number of transportation miles per day per student being bussed. Nevertheless, the defendants resist any change in mid-year, for non-transportation reasons. For one thing, they point to the need to acclimatize all concerned to student assignment changes made to achieve desegregation. It is of course true that any time a student moves from one school to another school, whether it be from elementary to junior high school, or from junior high school to senior high school, or from one school to another within any of the three levels, or indeed from one city to another, careful counseling and planning are required. The burden thrown upon school administrators, faculty and counselors is immeasurably greater when massive changes are undertaken within a very large, geographically scattered system. But that awesome burden will be present whenever the change-over occurs, be it mid-year as of January 29, 1973, or in September, 1973. There was testimony that if the shift is made effective in the fall rather than in mid-year, there is time for certain human relations and counseling programs to be handled during the preceding summer. However, a quick look at the case law reveals that in other instances courts have ordered mid-year changes without any apparent serious adverse results.
The Prince George’s County school transportation system affords bussing for students of all ages. Accordingly, the desegregation plans for all three levels, elementary, junior high and senior high, should be coordinated and completed at one time. Such a total proposed overall plan shall be presented to this Court on or before December 4, 1972. That plan shall be based on a schedule calling for the elementary and junior high schools to be desegregated effective January 29, 1973 and the senior high schools to be desegregated effective September, 1973.
This case raises questions pertaining not only to assignments of students but also to the racial balances in faculty and administration as well as plans for new school construction. Counsel have agreed to submit reports to this Court
The reports and memoranda herein-above referred to shall be submitted and filed as herein provided. It is so ordered, this 31st day of August, 1972.
. Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954) ; Brown v. Board of Education, 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083 (1955) ; Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971).
. The senior high class programs involve so much coordination and integration among the three grades (10th, lltli and 12) which compose it that it is apparently not possible to treat the twelfth grade in any given school separately from the tenth and eleventh grades in such school.
. The proposed senior high school plan alters the numbers of students attending seventeen out of eighteen high schools and requires reassigning some teachers from one school to another, consultations among administration, faculty, counselors, students and parents and many other steps which have yet to be fully programmed and which must be implemented when programmed. That will take time —how much can only be estimated.
. Alexander v. Holmes County Board of Education, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19 (1969).
. Carter v. West Feliciana Parish School Board, 396 U.S. 226, 90 S.Ct. 467, 24 L.Ed.2d 382 (1969).
. There are a total of 737 buses, 241 of which are used for special educational, athletic, spare and emergency purposes.
. About 15,000 senior high school students are currently being bussed.
. That average is now 15 miles per day per senior high school student.
. Swann involved an increase of about $1,000,000 to a yearly school budget of about $66,000,000. And note particularly Brewer v. School Board of City of Norfolk, Virginia, 456 F.2d 943, 947 n. 6 (4th Cir. 1972).
. See n. 4, supra.
. Carter v. West Feliciana Parish School Board, supra; Nesbit v. Statesville City Board of Education, 418 F.2d 1040 (4th Cir. 1969). See also Clark v. Board of Education of Little Rock School District, 449 F.2d 493, 498-499 (8th Cir. 1971).
. Semester courses are not uniform either as to schedule or as to content in the several high schools of Prince George’s County.
. In September, 1973, all three grades of the senior high schools, tenth, eleventh and twelfth, shall be desegregated. The defendants have agreed that there is not sufficient reason for the senior class to be excluded from operation of the plan if the members of that class and the school administrators and faculty know one year in advance of the change-over and can prepare for the same.