Wright v. County School Board of Greensville County, Va.

• Decision Date: 27 January 1966
• Docket Number: Civ. A. No. 4263.
• Court: U.S. District Court — Eastern District of Virginia
• Parties: Pecola Annette WRIGHT et al., Plaintiffs, v. COUNTY SCHOOL BOARD OF GREENSVILLE COUNTY, VIRGINIA et al., Defendants.

252 F. Supp. 378

Pecola Annette WRIGHT et al., Plaintiffs, v. COUNTY SCHOOL BOARD OF GREENSVILLE COUNTY, VIRGINIA et al., Defendants.

Civ. A. No. 4263.

United States District Court E. D. Virginia, Richmond Division.

January 27, 1966.

S. W. Tucker, Henry L. Marsh, III, Willard H. Douglas, Jr., Richmond, Va., Jack Greenberg, James M. Nabrit, III, New York City, for plaintiffs.

Frederick T. Gray, Williams, Mullen & Christian, Richmond, Va., H. Benjamin Vincent, Emporia, Va., for defendants.

BUTZNER, District Judge.

The infant plaintiffs, as pupils or prospective pupils in the public schools of Greensville County, and their parents or guardians have brought this class action asking that the defendants be required to adopt and implement a plan which will provide for the prompt and efficient racial desegregation of the county schools, and that the defendants be enjoined from building schools or additions and from purchasing school sites pending the court's approval of a plan. The plaintiffs also seek attorneys' fees and costs.

The defendants have moved to dismiss on the ground that the complaint fails to state a claim upon which relief can be granted. They have also answered denying the material allegations of the bill.

Greensville County is a rural county located on the North Carolina line. Approximately 4,500 pupils attend county schools, about 2,700 are Negro and 1,800 are white. Its school board operates one white and four Negro elementary schools, and separate Negro and white high schools. Both white schools are located in Emporia, a town near the center of the county. Homes of Negro and white persons are scattered throughout the county.

Prior to September 1965, the county operated segregated schools based on a system of dual attendance areas. The white schools in Emporia served all white pupils in the county. The four Negro elementary schools were geographically zoned, and the Negro high school served all Negro pupils in the county.

Until April 1965 the county operated under the Virginia Pupil Placement Act, § 22-232.1 et seq., Code of Virginia, 1950, as amended. During that time only one Negro applied for admission to a white school, and she withdrew her application.

In April 1964 Negro citizens petitioned the school board to adopt a plan to desegregate the schools. The board did not comply with their request, and this suit was filed on March 15, 1965.

On April 21, 1965 the school board adopted a plan to comply with Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. This plan has been amended several times. It was approved by the United States Commissioner of Education on January 12, 1966 after the hearing in this case.

In September 1965, 72 Negro pupils were transferred, upon their applications, to white schools—35 to Emporia Elementary School and 37 to the high school. One or more Negro pupils are in every grade from the first through the tenth.

There are no white teachers in the Negro schools and no Negro teachers in the white schools. The board has held integrated faculty meetings. Last summer an integrated faculty conducted a "Head Start" program in a Negro school, which was attended by 97 Negro children.

The Greensville County plan provides:

"The Greensville County School Board has adopted a policy of complete freedom of choice to be offered annually in all grades of all schools without regard to race, color or national origin.

"SECTION I. ASSIGNMENT OF PUPILS

"A form letter will be sent home by every child containing provisions of the freedom of choice plan with a placement form at least 15 days before the date when the form must be returned. This procedure will be followed annually.

"A. Pre-Registration of First Grade Pupils for Fall of 1966

"Pre-registration of pupils planning to enroll in first grade for the fall 1966 semester will take place in all of the elementary schools on Friday, May 13. Under policies adopted by the Greensville County School Board parents or guardians may go directly to the school of their choice wherein they wish to send their child to school next year. At the time of pre-registration a choice may be expressed by filling in a Greensville County pupil placement form. The assignment will be made without regard to race, color, creed, or national origin. In the event of overcrowding preference will be given without regard to race to those choosing the school who reside closest to it. No choice submitted prior to the deadline will be rejected for any reason other than overcrowding of facilities.

"Pupils who fail to register on May 13 may be registered at the school of their choice on August 26th immediately prior to the opening of schools for the 1966 fall semester, but first preference in choice of schools will be given to those who pre-register in the spring period.

"B. Pupils Entering Other Grades

"Each parent will be sent annually a letter, the text of which is attached, explaining the provisions of the plan, together with a choice of school form, the text of which is also attached, at least 15 days before the date when the choice form must be returned. Choice forms and letters to parents will also be readily available to parents or students in the school offices during regular business hours.

"The choice of school form must either be mailed or brought to the school or to the Supintendent's office within 15 days from the date the forms were initially sent home by that school. The annual date for sending these forms home shall be May 1st or the closest school day thereto. Anyone not registering his choice by that date must file his choice of school form at the time of registration when school opens. Pupils and their parents or guardians are required to exercise their choice of schools and no pupil will be admitted or readmitted to any school until such a choice has been made as herein specified.

"This choice is granted to parents, guardians and their children. Teachers, principals, and other school personnel are not permitted to advise, recommend or otherwise influence choices. They are not permitted to favor or penalize children because of choices.

"C. Overcrowding

"All choices of pupils, their parents or guardians for every grade in the Greensville County School System will be subject to the following qualification:

"In the event overcrowding of a school would result if all choices to attend that school were granted, priority shall be given without regard to race, color or national origin, and with no preference for previous attendance at the school, to those children choosing the school who reside closest to it. In the case of elementary schools those whose choices to attend a school are denied on this basis will be notified and permitted to make a choice of another formerly all white or all Negro school. In the case of high schools those whose choices to attend a school are denied on this basis will be assigned to the other school in the system at which the grade is taught. Otherwise, all choices will be granted; none will be denied for any reason other than overcrowding. The standards prescribed by the Virginia Department of Public Instruction as to overcrowding shall be used in determing sic whether overcrowding exists with respect to any application which is denied.

"D. Any newly enrolled pupil who moves into the county may secure placement forms from the principal of the school of their choice necessary to complete registration and enrollment. The same detailed instructions mentioned above regarding their right of free choice of schools will be furnished to them at this time.

"E. This system will not accept nonresident students, nor will it make arrangements for resident students to attend schools in other school systems, where either such action would tend to preserve segregation or minimize desegregation. Any arrangement made for non-resident students to attend schools of this system, or for resident students to attend schools in another system, will assure that such students will be assigned without regard to race, color or national origin, and such arrangement will be fully explained in attachment made a part of this plan.

"SECTION II. BUS ROUTES

"Transportation will be provided on an equal basis without segregation or other discrimination because of race, color or national origin. The right to attend any school in the system will not be denied because of lack of school system transportation from the pupils home to the school chosen and the pupil or his family may have to provide their transportation if the school system is not required to provide it under the next sentence of this paragraph. To the maximum extent feasible, buses will be routed so as to serve each pupil choosing any school in the system. In any event, every student eligible for bussing shall be transported to the school to which he is assigned as a provision of this plan if his first choice is either the formerly white or the formerly Negro school nearest his residence.

"SECTION III. EXTRA-CURRICULAR ACTIVITIES, FACILITIES AND SERVICES

"There shall be no discrimination based on race, color, or national origin, with respect to any services, facilities, activities and programs sponsored by or affiliated with the schools of this system.

"SECTION IV. STAFF DESEGREGATION

"A. The Greensville County School Board will assign all teachers on the basis of objective criteria such as certification, overall preparation and qualification for the position desired. In the case of each teacher employed by the school system in the 1964-65 school year who is not now employed, the race, color or national origin of such teacher was not a factor in the decision not to continue his or her employment. Steps shall be taken starting with the 1965-66 school year for the desegregation of faculty, at least including such actions as joint faculty meetings and joint in-service programs. Commencing immediately the following steps will be taken toward the elimination of segregation of

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