United States v. School Dist. of Omaha, State of Neb.

Decision Date29 November 1983
Docket NumberNo. CV. 73-0-320.,CV. 73-0-320.
Citation575 F. Supp. 1398
CourtU.S. District Court — District of Nebraska
PartiesUNITED STATES of America, Plaintiff, and Nellie Mae Webb, et al., Plaintiff-Intervenors, v. The SCHOOL DISTRICT OF OMAHA, STATE OF NEBRASKA, et al., Defendants.

George Schneider, Dept. of Justice, Washington, D.C., for plaintiff.

Robert V. Broom, Omaha, Neb., for plaintiff-intervenors.

David M. Pedersen, Omaha, Neb., for defendants.

MEMORANDUM OPINION

SCHATZ, District Judge.

This matter came on for hearing and determination with reference to defendants' motion for court approval of changes in student assignments, school closings and construction in the School District of Omaha for the 1984-85 school year and beyond (Filing No. 369). Although plaintiff, the United States of America, filed a response to the defendants' motion stating that it has no objection to any of the proposed changes set out in said motion (Filing No. 378), plaintiff-intervenors, Nellie Mae Webb, et al., filed a response to the defendants' motion wherein they objected to certain aspects of said motion (Filing No. 388). Plaintiff-intervenors' principal objection, and the only objection raised at the hearing, is to the defendants' proposed closing of Technical Senior High School in 1984, and that issue was tried to the Court in August, 1983. This memorandum opinion will constitute the Court's findings of fact and conclusions of law as required by Fed. R.Civ.P. 52(a). After long and careful consideration of all the evidence adduced at trial, the arguments of counsel, the briefs of the parties, and the applicable law, the Court concludes that defendants' motion in its entirety must be granted for the reasons hereinafter stated.

HISTORICAL BACKGROUND

This school case was filed by the United States of America on August 10, 1973. Certain black children attending the Omaha Public Schools and their parents, representing a class of all others similarly situated, were permitted to intervene as plaintiffs. The matter was tried to the Court in the spring of 1974 after which this Court found that the record did not substantiate a finding of intentional discrimination against minority students by practicing a deliberate policy of racial segregation. United States v. School District of Omaha, 389 F.Supp. 293 (D.Neb.1974). On appeal, the Court of Appeals for the Eighth Circuit reversed and remanded this case with directions "to take those steps necessary to bring about a thoroughly integrated school system" in accordance with specified guidelines outlined in the opinion. United States v. School District of Omaha, 521 F.2d 530 (8th Cir.1975).

Accordingly, this Court undertook to develop a remedial desegregation plan for the School District of Omaha. After extensive hearings, the Court adopted a plan that went into effect at the opening of the 1976-77 school year. United States v. School District of Omaha, 418 F.Supp. 22 (D.Neb. 1976). The plaintiff-intervenors appealed the district court's order and a cross-appeal was filed by the School District. The Court of Appeals affirmed the plan. United States v. School District of Omaha, 541 F.2d 708 (8th Cir.1976). The School District petitioned for a writ of certiorari and the petition was granted. The Supreme Court vacated and remanded the judgment of the Court of Appeals with directions that the case be reconsidered in light of three recent Supreme Court decisions. School District of Omaha v. United States, 433 U.S. 667, 97 S.Ct. 2905, 53 L.Ed.2d 1039 (1977). The Court of Appeals remanded the question concerning the scope of the remedy to this Court in United States v. School District of Omaha, 565 F.2d 127 (8th Cir.1977). This Court held hearings in December of 1978 to determine whether the remedy was commensurate with the previously delineated wrongs. After careful consideration, this Court found that the scope of the desegregation plan implemented to remedy the system-wide violations by the School District did not exceed the scope of those violations. United States v. School District of Omaha, CV. 73-0-320, Unpublished memorandum opinion (June 26, 1979).

The desegregation plan adopted in 1976 and reaffirmed in 1979 continues to operate in full force today with noteworthy success. Pursuant to the Court of Appeals' order, this Court retains jurisdiction over the School District and continues to supervise the operation of the desegregation plan. It is within the framework of court supervision of the desegregation plan of the School District of Omaha that this present matter arises and to which the Court now directs its attention.

FINDINGS OF FACT

The Omaha School District operates eight senior high schools for grades ten, eleven and twelve. They are: Technical Senior High School, Central Senior High School, North Senior High School, Northwest Senior High School, South Senior High School, Bryan Senior High School, Burke Senior High School, and Benson Senior High School. Pursuant to the terms of the desegregation plan, the eight high schools were reorganized primarily on a voluntary plan. Feeder patterns were adjusted, modifications were made in the open enrollment policy, a magnet program for Technical High School was developed, and racial balance transfers were encouraged. As a result, the reorganization of the high schools to foster balanced racial composition in each school was achieved without mandatory busing. In particular, the black student enrollment at Technical Senior High School went from 81.5 per cent in 1975-76 to 34.1 per cent in 1982-83.

However, the School District's success in desegregating its high schools has not been matched with stable enrollments. In 1975-76 the enrollment at the eight senior high schools was 13,351 students. In 1982-83, the enrollment in the eight senior high schools had dropped to 9,755. Further, it is projected that the enrollment will continue to drop and stabilize at approximately 8,800 students in 1984-85. (Tr. 134:7-17) (Exhibit 35). In response to enrollment decline, the School District, three years ago, set out to study the issue of school consolidation. (Exhibit 332). Former school superintendent Knutzen set up a thirty-eight member Citizens' Task Force on School Consolidation which reported to the Board of Education in April, 1981. On October 5, 1981, after reviewing the Citizens' Task Force report, the Board adopted eight "criteria and related practices" in identifying schools to be considered for consolidation.1

A new Superintendent, Dr. Jack Taylor, was hired in the summer of 1982 and he once again took up the issue of school consolidation and closings, in response to the problems of enrollment declines, underutilization of buildings, excessive space and high per pupil costs. Because he was new to the district, Dr. Taylor felt that he needed additional guidance before he took up the matter of school consolidations with the Board. Therefore, a "School and Community Task Force For Preparation and Evaluation of Racial Balance and School Consolidation Alternatives" was established by Dr. Taylor in September, 1982. It was composed of school employees, parents, community representatives and students. A total of thirty-two people served at one time or another. Ten members were black. The Task Force members were given numerous documents to analyze and study, among them, the desegregation plan and annual monitoring reports, enrollment figures and trends, racial composition figures, building capacity figures, census indicators and city maps, etc. In addition the Task Force members were given the eight criteria adopted by the Board of Education for the School District of Omaha in 1981 and the Task Force itself then developed eighteen of its own "primary consideration statements."2

The Task Force met nineteen times and then voted on the various alternatives that had been developed by its two subcommittees. The four alternatives pertaining to the high school level developed by the secondary subcommittee were: (1) close Technical Senior High School; (2) close Benson High School; (3) close North High School; or (4) move ninth graders up to the senior high schools and close five junior high schools. The Task Force vote on each of the alternatives was as follows:

                  close Technical Senior High
                  School                       -  Yes   13  No   9
                  close Benson Senior High
                  School                       -  Yes    5  No  17
                  close North                  -  Yes    4  No  18
                  move ninth graders           -  Yes    5  No  14
                

Also, a Plan B, which was to close Technical but retain the vocational facilities at the Technical site was voted upon separately. Fifteen voted in favor of Plan B and five voted against Plan B. (Tr. 50:17-24). The votes of the Task Force were then communicated to the Superintendent by Associate Superintendent Norbert J. Schuerman, who chaired the Task Force.

Doctor Taylor studied the working papers and minutes of the Task Force, discussed the options and potential implications with Dr. Schuerman, considered the four high school alternatives and the votes of the Task Force members on each alternative. One additional factor considered by Dr. Taylor, but not an issue considered by the Task Force, was the feasibility of utilizing the site of the closed senior high school as an office for central administrative headquarters. The administrative offices of the School District of Omaha are housed at more than ten locations and centralizing those offices was a concern and goal for school administrators. The present facilities are inadequate and over-crowded.

Dr. Taylor followed the advice of the majority of the Task Force and selected the option of closing Technical Senior High School because of the following factors: (1) Technical High School's enrollment decline; (2) Technical had the fewest students of any senior high school; (3) Technical was the largest senior high school in the district; (4) Technical and Central are located closer together...

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3 cases
  • Stanley v. Darlington County School Dist., Civ. A. No. 4:62-7749-22.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 1 Marzo 1995
    ...closing, whether other alternatives were considered, and why other alternatives were rejected. See United States and Webb v. School Dist. of Omaha, 575 F.Supp. 1398, 1407 (D.Neb.1983) (citing Davis v. Board of Educ., 674 F.2d 684, 688 (8th Cir.1982)). See also Fitzpatrick v. Board of Educ.,......
  • Stanley v. Darlington County School District, Civ. No. 4:62-7749-22 (D. S.C. 3/1/1995), Civ. No. 4:62-7749-22.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 1 Marzo 1995
    ...other alternatives were considered, and why other alternatives were rejected. See United States and Webb v. School Dist. of Omaha, 575 F. Supp. 1398, 1407 (D. Neb. 1983) (citing Davis v. Board of Educ., 674 F.2d 684, 688 (8th Cir. 1982)). See also Fitzpatrick v. Board of Educ., 578 F.2d 858......
  • Cornelius v. La Croix, 83-C-470.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Eastern District of Wisconsin
    • 29 Noviembre 1983
    ......No. 83-C-470. United States District Court, E.D. Wisconsin. November ...Dist., Milwaukee, Wis., for Milwaukee Metro. Sewerage ... the county, the defendants include other state and local agencies and their respective minority ......

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