Liddell v. BD. OF ED. OF CITY OF ST. LOUIS, MO., 72-100C(C).
| Decision Date | 03 June 1980 |
| Docket Number | No. 72-100C(C).,72-100C(C). |
| Citation | 491 F. Supp. 351 |
| Parties | Craton LIDDELL et al., Plaintiffs, v. The BOARD OF EDUCATION OF the CITY OF ST. LOUIS, MISSOURI et al., Defendants. |
| Court | U.S. District Court — Eastern District of Missouri |
Joseph McDuffie, William P. Russel, St. Louis, Mo., for plaintiffs Craton Liddell et al.
John H. Lashly, Paul B. Rava, Lashly, Caruthers, Thies, Rava & Hamel, St. Louis, Mo., for defendants Daniel L. Schlafly et al.
Thomas A. Connelly, City Counselor, St. Louis, Mo., for City of St. Louis.
J. Kent Lowry, Asst. Atty. Gen., Jefferson City, Mo., for State of Missouri.
Robert J. Koster, King, Yusman, Koster & Buechner, St. Louis, Mo., for Mary Puleo et al.
Anthony J. Sestric, St. Louis, Mo., for Janice Adams et al.
William E. Caldwell, Richard B. Fields, Ratner & Sugarmon, Memphis, Tenn., Charles H. Staples, St. Louis, Mo., Thomas I. Atkins, New York City, Gen. Counsel, NAACP, for plaintiffs-intervenors Caldwell.
Dempster Holland, Newton McCoy, St. Louis, Mo., for Evelyn Hasty.
Craig M. Crenshaw, Jr., Drew S. Days, III, Asst. Atty. Gen., Civil Rights Div., Dept. of Justice, Washington, D.C., Joseph B. Moore, Asst. U.S. Atty., St. Louis, Mo., for the U.S.
Charles W. Kunderer, Klutho, Cody & Kilo, St. Louis, Mo., for City of St. Louis.
Charles R. Oldham, St. Louis, Mo., for teacher Local.
This cause came to be heard pursuant to the remand, opinion, and order of the United States Court of Appeals for the Eighth Circuit handed down on March 3, 1980. After conferences with all counsel and a hearing on the Desegregation Plan filed by the defendant Board of Education of the City of St. Louis on May 2, 1980, and the Court, having considered the positions and objections of the parties, being duly advised in the premises, with findings of fact and conclusions of law to follow, it is hereby:
ORDERED, ADJUDGED AND DECREED that:
1. The defendant Board of Education of the City of St. Louis ("Board") shall not discriminate on the basis of race in the operation of its public schools.
2. The proposed plan of school desegregation submitted by the defendant Board on May 2, 1980, amended on May 8, May 12, and May 15, 1980, is hereby approved, with the modifications required by this Order, for implementation at the commencement of the 1980-81 school year. The Board is ordered to immediately undertake all steps necessary to the smooth and efficient implementation of the plan and shall operate its schools in accordance with the said Desegregation Plan and the further directions contained in this Order. No changes shall be made in the plan without the prior approval of this Court.
3. The defendant Board is hereby directed to keep the Adams school open and operating during the 1980-81 school year as a grade K-8 school. On or before January 1, 1981, the Board shall prepare and submit to the Court a proposal for the future use of the Adams school which includes a cost analysis for any renovation which may be necessary and an evaluation of the efforts necessary to maintain the Adams school as a stably integrated facility.
4. The Board's desegregation budget, as set forth in the Plan, is approved subject to the requirement that continued efforts be made to reduce the actual costs of implementation, but without impairing the quality of the Plan's components.
5. With respect to that part of the desegregation budget pertaining to pupil transportation costs, the Board and the State defendants are directed to investigate further ways to reduce the actual costs of pupil transportation and report to the Court on these efforts by June 16, 1980, with due regard being given to the safety of the children and the quality of service.
6. The defendant Board is authorized and directed to transfer the sum of $4,668,000 from its debt retirement account to the building and renovation account to be applied to such building modifications as are needed to expand the magnet schools and achieve the conversion to the grade configuration described in the Desegregation Plan.
7. The State of Missouri is ordered to fund one-half of the cost of implementing and operating the Board's Desegregation Plan; in no event shall the State be required to pay more than $11,076,206 which is one-half of the Desegregation budget herein approved by the Court for the school year 1980-1981. In the subsequent years, as long as the Plan remains in effect, the State shall pay one-half of the cost of desegregation, subject to such adjustments as the Court may deem necessary or proper. The sum ordered to be paid herein will include the additional dollars for transportation requested in the Desegregation budget. Payments shall be made in four equal installments at the same time as regular payments. No payment by the State for this purpose shall be made from the school Foundation Program. Any amounts overpaid will be refunded to the State or credited on the next payment. Payment by the State to the Board of Education of the City of St. Louis for the costs of the Desegregation Plan shall be in addition to the payments heretofore made by the State to the said Board, as well as any increase in those sums as the Board would have received absent this Order. The State is directed to report to the Court by July 1, 1980, the amount of funds available and when they will be paid.
8. The defendant Board is applying to the United States Department of Education for funds under ESAA which will be used to offset the cost of certain components of the Desegregation Plan. The said Department of Education is required and urged to expedite the processing of these applications of the Board in order to assist the Board in complying with the mandate of the Eighth Circuit and the requirement therein stated that the Plan be implemented no later than the beginning of the 1980-81 school year. The Department is requested to report about its action hereunder by July 1, 1980.
9. The defendant Board shall continue the study of the feasibility of curriculum improvements to improve the quality of education throughout the system.
10. The defendant Board shall continue to study and evaluate the compensatory and remedial educational programs described in the Desegregation Plan and shall recommend for approval by the Court such modifications and improvements as will appear advisable and proper to achieve the goals stated by the appellate court.
11. No inter-or intra-district permissive transfer shall be permitted which will increase the segregated nature of either the sending or receiving school.
12. The State defendants, the United States, and the St. Louis Board of Education are ordered and directed as follows:
13. The defendant Board shall assign its faculty and staff in accordance with the following provisions:
All principals, teachers, and other certificated staff who work directly with children at a school shall be so assigned that in no case will the racial composition of a staff indicate that a school is intended for black students or white students. Commencing with the 1980-81 school year, and continuing yearly thereafter for the period inclusive of 1984-1985, the Board shall assign the staff described above so that the ratio of black to white teachers in each school, and the ratio of other staff in each, are substantially the same as each such ratio is to the teachers and other staff, respectively, in the entire school system. For the purpose of this provision, "substantially the same" means within plus or minus five percentage points of the respective ratio in the entire school system or two individuals, whichever is more.
The same criteria shall apply to non-certificated personnel.
The Board shall, to the extent necessary to carry out its Desegregation Plan, direct members of its staff, as a condition of continued employment, to accept new assignments.
14. On October 30, 1980, on March 31, 1981, and on the same dates annually thereafter until further order of the Court, the Board shall file with the Court a report setting forth the following information:
(a)(i) The number of students by race enrolled in the school district;
(ii) The number of students by race enrolled in each school of the district;
(iii) The number of students by race enrolled in each...
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Liddell v. State of Mo.
...district court approved a system-wide desegregation plan for the city schools beginning with the 1980-81 school year. Liddell v. Bd. of Educ., 491 F.Supp. 351 (E.D.Mo.1980). This plan included a comprehensive program of exchanging and transferring students between the city and suburban scho......
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