Anderson v. Sch. Bd. of Madison County, No. 06-60902 (5th Cir. Feb. 11, 2008)
The U.S. Court of Appeals for the Fifth Circuit (LA, MS, TX) has granted Madison County School District’s (MCSD) motion for unitary status, releasing it from a federal desegregation order it has been under since 1969. Since the original order a federal district court has supervised MCSD’s desegregation efforts and enforced compliance through a series of consent orders. The most recent consent order in April 2000 addressed school construction, transportation, majority-to-minority transfers, staff recruitment, hiring, assignment and compensation, and the creation of a bi-racial advisory committee. In June 2004 MCSD filed a motion seeking full unitary status. The government and private plaintiffs did not object to a finding of unitary status in 11 operational areas but did object to such a finding in regard to the magnet program and facilities at Velma Johnson High School (VJHS) and other schools. The private plaintiffs also objected to a finding of unitary status regarding (1) faculty assignment, (2) employment procedures, (3) the use of state funds and contributions from private groups, and (4) an alternative school, because MCSD failed to act in good faith to comply with the court’s orders to remedy problems in those areas. In April 2006 the district court granted MCSD full unitary status, dissolving all existing desegregation and consent orders. Only the private plaintiffs appealed.
The Fifth Circuit affirmed the lower court’s decision to grant unitary status after answering two questions: 1) did the school district comply in good faith with desegregation orders for a reasonable amount of time; and 2) did the school district eliminate the vestiges of prior de jure segregation to the extent practicable. In regard to the first question, the appeals court agreed with the district court that MCSD had complied in good faith with April 2000 consent order for a reasonable amount of time. Turning to the question of elimination of the vestiges of de jure segregation, it looked at three aspects of school operations, commonly referred to as Green factors. Addressing the first factor raised, student assignment, the appeals court rejected the plaintiffs’ claim that the magnet program’s inability to attract white students was attributable to alleged deficiencies in the magnet program itself. Instead, it found “location and demographic factors outside the MCSD’s control, as opposed to the alleged inadequacies cited by [the plaintiffs], were responsible for the magnet program’s failure to attract white students.” It concluded that MCSD had acted in good faith and its efforts to implement a successful magnet program at VJHS were reasonable. Regarding the facilities factor, the Fifth Circuit found no error with the district court’s conclusion that “[t]he proof unequivocally shows that the [MCSD] has undertaken to address known relevant deficiencies at all its schools, and to provide adequate and proper educational facilities for all its students, both black and white.” Lastly, it examined the faculty and staff assignment and pay factor. Based on the evidence that MCSD had made considerable efforts in minority teacher recruitment and balancing the faculty ratios in its schools, the appeals court concluded that the district court did not “clearly err in finding the MCSD unitary regarding faculty and staff policies.”
Anderson v. Sch. Bd. of Madison County, No. 06-60902 (5th Cir. Feb. 11, 2008)
[Editor’s Note: While more school districts are being declared unitary, the article excerpted below discusses the court-supervised desegregation efforts continuing in two-thirds of Louisiana districts.]
NSBA School Law pages on Louisiana desegregation plans