317 F.Supp. 95 (M.D.Ala. 1970), Civ. A. 604-E, Lee v. Macon County Bd. of Ed.

Docket Nº:Civ. A. 604-E
Citation:317 F.Supp. 95
Party Name:Lee v. Macon County Bd. of Ed.
Case Date:June 12, 1970
Court:United States District Courts, 11th Circuit, Middle District of Alabama
 
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Page 95

317 F.Supp. 95 (M.D.Ala. 1970)

Anthony T. LEE et al., Plaintiffs, United States of America, Plaintiff-Intervenor and Amicus Curiae, National Education Association, Inc., Plaintiff-Intervenor,

v.

MACON COUNTY BOARD OF EDUCATION et al., Defendants.

Civ. A. No. 604-E.

United States District Court, M.D. Alabama, Eastern Division.

June 12, 1970

Page 96

Solomon S. Seay and Fred D. Gray, Gray, Seay & Langford, Montgomery, Ala., for plaintiffs and plaintiff-intervenor, N.E.A.

Jerris Leonard, Asst. Atty. Gen., Robertg Pressman and Craig M. Crenshaw, Jr., Attys., Civil Rights Division, U.S. Dept. of Justice, Washington, D.C., and Ira DeMent, U.S. Atty., Montgomery, Ala., for the United States.

Richard S. Manley, Demopolis, Ala., for the Pickens County Bd. of Ed.

Before RIVES, Circuit Judge, and GROOMS and JOHNSON, District Judges.

ORDER

PER CURIAM.

On August 6, 1969, this Court ordered the United States through its Office of Education, Department of Health, Education and Welfare, to file on or before December 1, 1969, a plan whereby, effective with the commencement of the 1970-71 school year, the dual school system based upon race operated by the Board of Education for Pickens County, Alabama, will be effectively and completely disestablished. Pursuant thereto, the United States filed such a plan on December 1, 1969. By order entered December 10, 1969, this Court afforded the Pickens County Board of Education an opportunity to show cause why the plan as proposed by the United States should not be placed into effect with the commencement of the 1970-71 school year.

On February 12, 1970, the Pickens County Board of Education filed, in writing, its objections to the plan proposed by the United States for the Southern Attendance Zone and proposed, in lieu thereof, that it be allowed to continue to operate in the Southern Attendance Zone two separate campuses to be named Aliceville South Campus (formerly Aliceville High School and Aliceville Elementary School) and the Aliceville North Campus (formerly R. J. Kirksey High School and R. J. Kirksey Elementary School). The Board further proposed to assign all white students in the Southern Attendance Zone area, commencing with the school year 1970-71, to the Aliceville South Campus and to assign Negro students in the Southern Attendance Zone to the Aliceville South Campus on a distributive basis from grades 1 through 12 'so that the Negro enrollment at the Aliceville South Campus will be not less than 40% Of the total enrollment at the Aliceville South Campus.' The Board further proposed as to the Southern Attendance Zone to assign all other students-- all of whom are Negroes-- to the Aliceville North Campus. The Board, in addition, proposed to schedule certain classes exclusively in the Aliceville North Campus and others exclusively in the Aliceville South Campus and to shuttle students between the campuses.

It its response of February 12, the Pickens County Board of Education further proposed to assign the thirty white students residing in the Central Attendance Zone, who would, according to the plan of the United States, be assigned to the Pickens County Junior High School, to the Carrollton High School. The effect of this proposal would be to leave the Pickens County Junior High School attended only by Negro students.

This Court on February 14, 1970, ordered the United States and the National

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Education Association, Inc., as plaintiff-intervenors, and the plaintiffs, to show cause why this Court should not approve the Board's proposed amendments to the desegregation plan filed by the United States through its Office of Education. The United States, the National Education Association, Inc., and the plaintiff filed written objections to the amendments proposed by the Pickens County Board of Education. The matter was heard by the Court March 13, 1970.

Now, upon consideration of the plan filed by the United States through its Office of Education, the proposed amendments thereto by the Pickens County Board of Education, and the several objections to said proposed amendments, this Court is of the opinion that the amendments proposed by the school board to the...

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