Swann v. Charlotte-Mecklenburg Board of Education, Civ. No. 1974.

Decision Date14 July 1965
Docket NumberCiv. No. 1974.
Citation243 F. Supp. 667
CourtU.S. District Court — Western District of North Carolina
PartiesJames E. SWANN et al., Plaintiffs, v. The CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, a public body corporate, Defendant.

J. LeVonne Chambers, Charlotte, N. C., Derrick Bell, New York, N. Y., for plaintiffs.

Brock Barkley, Charlotte, N. C., for defendant.

CRAVEN, Chief Judge.

This is another school case. Our adversary system of justice is not well-adapted for the disposition of such controversies. It is to be hoped that with the implementation of the 1964 Civil Rights Act the incidence of such cases will diminish. Administrators, especially if they have some competence and experience in school administration can more likely work out with School Superintendents the problems of pupil and teacher assignment in the best interests of all concerned better than can any District Judge operating within the adversary system. The question before this court, even within its equitable jurisdiction, is not what is best for all concerned but simply what are plaintiffs entitled to have as a matter of constitutional law. What can be done in a school district is different from what must be done.

During March, 1965, the Charlotte-Mecklenburg Board of Education proposed a plan to comply with the constitutional mandate embodied in Brown v. Board of Education of Topeka, Shawnee County, Kansas, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed.2d 873, 38 A.L.R.2d 1180. On April 11, 1965, the Board resolved as follows: "Resolved by the Charlotte-Mecklenburg Board of Education that, in recognition of the requirements of law, the development of a policy be undertaken looking to the ultimate employment and assignment of all staff and professional personnel without regard to race or to factors other than training, competence and fitness." During the trial counsel for the School Board, the Chairman of the Board, and the Superintendent of Schools modified the proposed plan of March 11 to include in it the resolution with respect to teachers and staff set out hereinabove.

Plaintiffs' complaints with respect to the plan as modified are:

(a) Certain school districts have been gerrymandered to prevent the mixing of the races in the schools;

(b) There are no administrative problems sufficient to justify the proposed delay in geographical zoning of ten schools which are excepted from the plan;

(c) The above quoted amendment with respect to desegregation of teachers and staff looks to the far distant future and ought to be effective at once.

Most of the testimony at the trial, lasting a day and a half, dealt with alleged gerrymandering and the excepted schools. The testimony and the subject matter is exceedingly complex. This is not a simple school system. There are 109 schools in the district. On June 2, 1965, the Board sent a notice to the parents and/or guardians of every child in the system assigning the children in 99 schools according to geographical zones. In addition each parent was advised that any child, without regard to race, and without regard to minority or majority of race in any particular school, might freely transfer to another school of his choice. In summary, with respect to the 99 schools, and excepting 10 schools, all the children were assigned according to their place of residence in a geographical zone, and all children were accorded the privilege of transferring to another zone — without the necessity of giving any reason for the requested transfer. The privilege of free transfer extended to the children in the excepted schools.

By reason of geography, it happened that 1,955 Negro children were initially assigned to schools largely populated by white children (hereinafter called for convenience "integrated" schools). In addition, 262 Negro children elected to transfer from schools entirely or almost entirely populated by Negro children (hereinafter called for convenience "Negro" schools), making a total of 2,217 Negro children being assigned, either initially or by reason of transfer, to integrated schools. However, 91 of these Negro children elected to be reassigned to a Negro school so that there now remain for the school year beginning September, 1965, approximately 2,126 Negro children in 43 integrated schools in the system. One school is racially "balanced", i. e., about one-half white and one-half Negro.

Approximately 396 white children, under the geographical plan, were initially assigned to Negro schools. All, or practically all, of them requested transfer and were transferred out of the Negro schools to an integrated or white school.

There are about 75,000 children in the entire system. Over the last several years enrollment has increased approximately 3,000 children per annum, requiring the addition of approximately 70 classrooms each year. Thirty million dollars has been spent or committed in a period of approximately five years for new construction. Racially, about 52,000 are white children and the remainder are Negro.

Excepted Schools

The 10 schools excepted from the plan are Negro schools. Several new schools in the area of the excepted schools are being built and are expected to be completed by September, 1967, and most probably by September, 1966. Until these new schools are available the 10 excepted schools cannot be permanently rezoned. If the Negro children in these 10 schools were incorporated into the geographical zone plan now most of them would have to be assigned to yet another school next year or the year after. In the opinion of the Board multiple assignment changes are disruptive to the child and the school administration. It takes time to appraise and evaluate schools and their proper locations, and thereafter to intelligently determine upon abandonment, restoration or replacement of a given school. It does not seem unreasonable, in view of the complexity of the entire system, to approve a maximum delay of two years and a probable delay of only one year for the purpose of making these difficult determinations and to facilitate a degree of permanence in the rezoning to be achieved. Lacking special competence and experience in public education, it would be presumptuous for a District Judge to brush aside the determination of these problems by the Board and its staff, absent a clear showing of an arbitrary refusal to grant plaintiffs their constitutional rights. There is no such showing. The Board is just as determined as are plaintiffs that the 10 schools will be incorporated into a geographical plan. The disagreement is only as to when. It is not suggested that the right granted to the Negro children in the 10 excepted schools to request transfer out of those schools is a sufficient compliance with the constitution. A freedom of choice plan in order to be constitutional must include correctives at the time of initial assignment. This, however, is only an interim plan and for a very short period — probably only a period of one year with respect to most of the schools. The exception of the 10 schools will be approved in accordance with the plan but without prejudice to the right of plaintiffs to renew their motion next summer and to request re-examination at that time of the progress made.

Gerrymandering

The gerrymandering contention is exceedingly intricate and complex. Plaintiffs' expert witness (Mr. Louis Kramer) necessarily testified abstractly from a study of the plan and the maps available to him and without personal knowledge of the Mecklenburg terrain. He...

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9 cases
  • Capacchione v. Charlotte-Mecklenburg Schools
    • United States
    • U.S. District Court — Western District of North Carolina
    • September 9, 1999
    ...neighborhoods, and allowed for students of any race to freely transfer to a school of his or her choice. Swann v. Charlotte-Mecklenburg Bd. of Educ., 243 F.Supp. 667 (W.D.N.C.1965), aff'd, 369 F.2d 29 "Freedom of choice" transfer plans were a common response to the mandate of Brown,3 but su......
  • United States v. Jefferson County Board of Education
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • December 29, 1966
    ...City Public Schools, W.D.Okla.1965, 244 F.Supp. 971, aff'd, 10 Cir. Jan. 23, 1967, 375 F.2d 158 and Swann v. Charlotte-Mecklenburg Board of Education, W. D.N.C.1965, 243 F.Supp. 667, followed Taylor on the unconstitutionality of racial gerrymandering. See also Jackson v. Pasadena City Schoo......
  • Belk v. The Charlotte Mecklenburg Bd. of Education
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • February 27, 2001
    ...or majority of race in any particular school, might freely transfer to another school of his choice." Swann v. Charlotte-Mecklenburg Bd. of Educ., 243 F. Supp. 667, 668 (W.D.N.C. 1965). The district court approved the plan, observing that more could be done "to increase mixing of the races,......
  • Goss v. BOARD OF EDUCATION OF CITY OF KNOXVILLE, TENN.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • June 30, 1971
    ...v. Charlotte-Mecklenburg Bd. of Ed., 369 F.2d 29 (4th Cir.). It there affirmed a District Court decision — Swann v. Charlotte-Mecklenburg Bd. of Ed., 243 F.Supp. 667 (1965) — which had "Thus far it has not been held unconstitutional to assign children to a school on the basis of their resid......
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