Keyes v. School Dist. No. 1
| Decision Date | 25 February 1987 |
| Docket Number | Civ. A. No. C-1499. |
| Citation | 653 F. Supp. 1536 |
| Parties | Wilfred KEYES, et al., Plaintiffs, Congress of Hispanic Educators, et al., Plaintiffs-Intervenors, v. SCHOOL DISTRICT NO. 1, et al., Defendants. |
| Court | U.S. District Court — District of Colorado |
Gordon G. Greiner, Holland & Hart, Denver, Colo., James M. Nabritt, III, New York City, for plaintiffs.
Antonia Hernandez, Norma V. Cantu, Mexican American Legal Defense and Educational Fund, San Antonio, Tex., Kenneth Siegal, Kenneth Salazar, Sherman & Howard, Denver, Colo., for plaintiffs-intervenors.
Michael H. Jackson, Semple & Jackson, Denver, Colo., Phil C. Neal, Neal, Gerber & Eisenberg, Chicago, Ill., for defendants.
On June 3, 1985, this court issued a Memorandum Opinion and Order ("June 1985 Opinion") denying the defendants' motion of January 19, 1984. That motion requested an order declaring that School District No. 1 is unitary, an order modifying and dissolving the existing injunction relating to the assignment of pupils to schools, and an order declaring that this court's remedial orders have been fully implemented and there is no further need for continuing court jurisdiction. After the parties reported that their extensive efforts to reach a negotiated settlement of the remaining issues had failed, this court entered an Order For Further Proceedings on October 29, 1985 ("October 1985 Order"). That order directed the defendant to submit plans for achieving unitary status as defined in this court's Memorandum Opinion and Order of May 12, 1982, Keyes v. School District No. 1, Denver, Colorado, 540 F.Supp. 399, 403-04 (D.Colo.1982), and to provide reasonable assurance that future Board policies and practices will not cause resegregation. The court directed that four particular matters be addressed: (1) the identification of Barrett, Harrington and Mitchell elementary schools as schools for minority children, (2) the "hardship" transfer policy, (3) faculty assignments, and (4) plans for implementation of Resolution 2233.
The defendants appealed from the June 1985 Opinion and the October 1985 Order. Despite the appeal, the defendants have responded to the court's directions for further proceedings, and the plaintiffs and plaintiff-intervenors ("plaintiffs") filed a reply on December 16, 1985. A hearing was held on March 13, 14 and 15, 1986. Evidence was presented concerning the actions and plans set forth in the defendants' response and supplemental response and plaintiffs' alternative proposals.
Barrett, Harrington and Mitchell Schools. The District seeks to increase the Anglo enrollment at Barrett, Harrington and Mitchell elementary schools by the use of special programs and educational enhancements. The Barrett/Cory paired elementary schools are using a teaching method called the Whole Language Program, designed to increase emphasis on language development. An instructional computer program complements the curriculum. The Ellis/Harrington paired elementary schools use the Mastery Learning Program, a prescriptive teaching method, and an instructional computer program. The Montessori Method has been started at Mitchell to improve the effectiveness of the Mitchell/Force elementary school pair. The District has also increased communication with parents and is upgrading the physical appearance of these facilities to support the paired school concept.
Student Transfers. DPS Policy 1226D provides new procedures for the administration of parent-initiated transfers from the school of assignment for day-care needs at the elementary level, and program needs at the secondary level. It also directs new record-keeping and analyses of the effects of such transfers. DX-D(86). The Assistant Superintendent has responsibility for granting or denying such applications, within stated restrictions on the exercise of discretion. The objective is to discourage requests for transfers that are not based on genuine necessity by obtaining independent verification of the need. Most importantly, the new data collection and monitoring processes should enable the administration to evaluate any resegregative effects of the policy.
Faculty Assignment. A new policy on teacher assignments has been implemented. It is stated as follows:
POLICY ON TEACHER ASSIGNMENT
DX-A(86).
Mr. Andrew Raicevich, Director of Personnel Services, testified that he has interpreted this statement to mean that the required percentage is the number of minority teachers at the respective levels compared to the total number of teachers at those levels, and that this percentage is applied as both a minimum and a maximum. Additionally, in the reply brief, the defendants have accepted the principle that "rounding" of fractions should be symmetrical at both the lower and upper ends to keep the whole numbers within the specified range. The policy provides for adjustments necessary for the bilingual program.
The plaintiffs do not object to the implementation of these programs and policies, but assert that they are inadequate to make the system unitary. Additionally, they request further relief, not only by providing more specific directions to implement the 1974 Decree but, also, the entry of new orders to remove all vestiges of past discrimination and to protect against resegregation. They contend that the evidence developed at the 1984 and 1986 hearings supports the need for additional measures.
Barrett, Harrington and Mitchell Schools. The plaintiffs' witness, Dr. Stolee, expressed skepticism about the effectiveness of the Whole Language Program at Barrett, but he was enthusiastic about the Mastery Learning Program at Harrington and the Montessori Program at Mitchell. The plaintiffs observe that only time will tell whether any of these programs will increase Anglo enrollment. Their principal concern is the potential effect of the Montessori Program at Mitchell on Force, recognizing that as the program develops the non-Montessori pupils from Mitchell will be assigned to Force. Additionally, the plaintiffs suggest that the magnet program enrollments be controlled to within plus or minus 15% of the elementary Anglo percentage, and that no transfers be allowed from schools where the effect would be to reduce the Anglo percentage below 10% of the elementary average.
Student Transfer Policy. The plaintiffs assert that the evidence at the 1986 hearing reinforces this court's concern about the segregative effects of the hardship transfer policy expressed in the June 1985 Opinion. Importantly, the District could not produce adequate data concerning the parent-initiated transfers, and Dr. Stolee presented an analysis, with exhibits, showing that fifteen formerly Anglo schools had their Anglo percentages increased by transfers, while fifteen formerly minority schools lost Anglos because of transfers. More than 10% of all elementary pupils attended schools other than their school of assignment through use of the transfer policy. The focus of the new policy is on the impact of the transfer on the receiving school, rather than on both the receiving and sending schools. It is not clear if the policy will be applied to the magnet programs. Only carefully monitored implementation of Policy 1226D will indicate whether it effectively prevents circumvention of the pupil assignment plan.
Faculty Assignment. The plaintiffs contend that the continued over-representation of minority teachers at former minority schools and under-representation at former Anglo schools, even under the new policy, is attributable to the fact that reassignments are made in the late spring or late summer and not adjusted in the fall. Additionally, they assert that the exclusion of kindergarten and special education teachers has no rational basis, and that the District has not presented sufficient data to justify the bilingual teacher exception.
Further Relief. The plaintiffs contend that either by modification of the existing remedial orders, or by the entry of new orders, this court should exercise its continuing jurisdiction to provide more specific directions on matters which go beyond the October 1985 Order. More particularly, they urge that this court direct the adoption of Dr. Stolee's majority to minority transfer policy proposal as the principal vehicle for the voluntary transfers into the magnet programs, and to eliminate the need for the hardship transfer policy. Dr. Stolee proposed that any Anglo pupil in a school with higher than the district-wide average Anglo percentage can transfer to any school where either the minority percentage is higher than the district-wide average, or to any Anglo school which has a lower Anglo percentage than in the current school of attendance. Similarly, minority pupils in schools which are above the district-wide minority average can transfer to any school where the Anglo percentage is above the district average, or to any minority school having a lower percentage of minority pupils than the school of attendance.
The plaintiffs observe...
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Keyes v. Congress of Hispanic Educators
...in March, 1986, and full briefing on the issues, a Memorandum Opinion and Order was entered on February 25, 1987, published as Keyes XVI, 653 F.Supp. 1536, authorizing the District to proceed with its plans to remedy the remaining vestiges of its past discriminatory policies. Alternative pr......
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Keyes v. School Dist. No. 1, Denver, Colo.
...still had ample reason for their concerns about the district's ability or willingness to achieve and maintain a unitary system. Keyes XVI, 653 F.Supp. at 1539-40. Nevertheless, the court cited the community's interest in controlling its school district and decided "that it is time to relax ......
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Keyes v. School Dist. No. 1, Denver, Colo., 95-1487
...past discrimination and ordered a meeting with counsel to issue a permanent injunction against the School District. Keyes XVI, 653 F.Supp. 1536, 1539-40, 1542 (D.Colo.1987). Still later that same year, the court entered an Interim Decree, superseding all prior remedial actions. Keyes XVII, ......
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