Augustus v. Board of Public Instruction, 19408.
Decision Date | 24 July 1962 |
Docket Number | No. 19408.,19408. |
Parties | Karen Renee AUGUSTUS, a Minor, by Charles A. Augustus, her father, and next friend, et al., Appellants, v. The BOARD OF PUBLIC INSTRUCTION OF ESCAMBIA COUNTY, FLORIDA, et al., Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
Charles F. Wilson, Pensacola, Fla., Constance Baker Motley, Jack Greenberg, and Derrick A. Bell, Jr., New York City, for appellants.
J. Edwin Holsberry, of Holsberry & Emmanuel, William Fisher, of Fisher & Hepner, Bert Lane, of Beggs, Lane, Daniel, Middlebrooks & Gaines, Richard H. Merritt, Pensacola, Fla., for appellees.
Before TUTTLE, Chief Judge, and RIVES and BROWN, Circuit Judges.
This appeal is from a judgment modifying and approving what was proposed as a plan for the desegregation of the public schools operated under the supervision of The Board of Public Instruction of Escambia County, Florida. Pensacola is the County's largest city. The school population of the County totals approximately 37,000, of which about 28,521 are white and 8,557 Negro. In Pensacola the schools are divided into elementary, junior high, and senior high schools. There are two Negro schools in the County outside of Pensacola at which junior high school programs are offered, Carver located at Century and Ransom located at Cantonment. One technical high school in Pensacola has white pupils only enrolled. The Negro high schools, however, offer some technical programs. The Board has under its jurisdiction two junior colleges, one limited to white and the other to Negro students. It also operates adult education programs under a single director but with separate programs for white and for Negro adults.
Children of both races who live two miles or more from the schools to which they are assigned are eligible for transportation. Buses which pick up children of one race do not pick up those of the other race.
Negro teachers and principals are assigned to Negro schools, and white teachers and principals are assigned to white schools. Professional training courses are conducted separately for the two races. In some special committees that work on administration problems they meet together. There are thirty-six special teachers who work with retarded children, crippled children, those hard of hearing or who suffer from speech defects or sight impairment. No particular teachers are assigned for special work with intellectually gifted children. The evidence does not contain a breakdown of these special teachers as between Negroes and whites. There are three Negroes in supervisory capacities above the level of principal, one of whom supervises the Negro elementary schools, and the other two are visiting teachers working in the area of attendance and with problems that arise between schools and homes.
The curricula for the two races are the same in all the schools. The qualifications of teachers are the same, and the salaries paid Negro and white teachers who have similar qualifications are the same. General achievement tests are given in the fourth, sixth, and ninth grades, and a senior placement test in the twelfth grade. In relation to the individual grades, the white and Negro pupils measure up alike on an average.
Prior to the enactment of the Pupil Assignment Law,1 white and Negro children were assigned to separate schools on the basis of race, in compliance with Chapter 19355, Laws of Florida, Act of 1939, which provided:
Beginning August 22, 1956, one month after the Pupil Assignment Law was approved, the Board has each year adopted a resolution "incorporating that Law" for the succeeding year, and assigning each pupil back to the school which he previously attended. As a result of this blanket assignment, all Negro pupils were reassigned to Negro schools and all white pupils to white schools. Children new to the school system were assigned pursuant to application made by the parent for admission of the child to a school and subject to the criteria set forth in the Pupil Assignment Law. The school system was completely segregated in fact when the complaint in the present case was filed on February 1, 1960.
The complaint was filed on behalf of twelve minor Negro pupils by their parents and next friends against the Board of Public Instruction of Escambia County, Florida, and its members and the County Superintendent of Public Instruction. The district court sustained the motion of the defendants to strike from the complaint the allegations relating to the assignment of teachers, principals and other school personnel on the basis of race2 and the prayer for relief based on those allegations.3
After the hearing and the arguments, the court ordered the testimony transcribed. On March 17, 1961, the court entered its order as follows:
Pursuant to that order, the Board on June 14, 1961, submitted to the court a resolution adopted that day by the Board, as follows:
The plaintiffs objected to this plan, and filed a proposed plan which provided, first, for the reassignment of all pupils "on the basis of school capacity and...
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