Anderson v. School Board of Madison County
Full Opinion (html_with_citations)
Since 1969, the Madison County School District (âMCSDâ) in Mississippi has been under a federal court order to desegregate its schools. On June 18, 2004, the MCSD filed a motion for full unitary status, claiming it had complied with the district courtâs orders and had âto the extent practicable, eliminated the vestiges of racial discrimination resulting from the former racially dual system.â
I.
The MCSD is one of many school districts in Mississippi that at one time practiced de jure raced-based segregation. Pursuant to the Supreme Courtâs directive
Since the issuance of the 1969 order, the district court has supervised the MCSDâs desegregation efforts and enforced compliance through a series of consent orders. The most recent consent order, approved by the district court on April 24, 2000, addressed a number of issues including school construction, transportation, majority-to-minority transfers, staff recruitment, hiring, assignment and compensation, and the creation of a bi-racial advisory committee.
On June 18, 2004, the MCSD filed a motion for declaration of full unitary status. Following discovery, the Government and Private Plaintiffs stipulated in a pretrial order that they did not object to a finding of unitary status with regard to eleven operational areas: (1) student assignment, except as it related to the magnet program at Velma Jackson High School (âVJHSâ), (2) enforcement of student attendance zones and student transfers, (3) transportation, (4) extracurricular activities, (5) majority-to-minority transfers, (6) special education programs, (7) gifted programs, (8) student discipline, (9) the bi-racial advisory committee, (10) a Title I initiative program, and (11) the MCSDâs reporting obligations.
However, both the Government and Private Plaintiffs objected to a finding of unitary status with respect to the magnet program and facilities at VJHS, and facilities at other schools. The Private Plaintiffs further objected to a finding of unitary status regarding (1) faculty assignment, (2) employment procedures, (3) the use of sixteenth section funds
In February 2006, the district court held a four-day public hearing on the MCSDâs motion and both sides presented witness testimony. Members nf the public were also invited to comment on the motion. On April 7, 2006, the district court issued a thorough and well-reasoned Memorandum Opinion and Order concluding that the MCSD was entitled to full unitary status. Based on that conclusion, the court granted the MCSDâs motion and dissolved all existing desegregation and consent orders. The Private Plaintiffs timely appealed.
II.
A. Standards of Review
The district courtâs finding that the MCSD is unitary is a factual finding that we review for clear error. See Flax v. Potts, 915 F.2d 155, 157 (5th Cir.1990). â[A] finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.â Anderson v. City of Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) (internal quotation marks omitted). However, if the district courtâs factual findings are âplausible in light of the record viewed in its entirety, we must accept them, even though we might have weighed the evidence differently if we had been sitting as a trier of fact.â Price v. Austin Indep. Sch. Dist., 945 F.2d 1307, 1312 (5th Cir.1991) (internal quotation marks omitted). We have also recognized that, given the unique factual circumstances present in school desegregation cases, the district courtâs factual findings are entitled to âgreat deference.â Flax, 915 F.2d at 158. This is particularly true when, as here, the district judge has âsupervised the case for many years.â Id. We review de novo whether an issue is ripe for judicial review. See Groome Res., Ltd. v. Parish of Jefferson, 234 F.3d 192, 198-99 (5th Cir.2000).
B. Ripeness
As an initial matter, Appellants argue that several issues decided by the district court were not ripe for review. In determining whether a matter is ripe for judicial review we consider âthe fitness of the issues for judicial decision and the hardship to the parties of withholding court consideration.â Orix Credit Alliance, Inc. v. Wolfe, 212 F.3d 891, 895 (5th Cir.2000) (internal quotation marks omitted); see United Transp. Union v. Foster, 205 F.3d 851, 857 (5th Cir.2000) (âRipeness separates those matters that are premature because the injury is speculative and may never occur from those that are appropriate for judicial review.â). Generally, issues are not ripe if âfurther factual development is required.â Wolfe, 212 F.3d at 895.
First, Appellants point out that in 2005 the parties agreed to a create a committee to evaluate and recommend changes to the magnet program at VJHS. It is undisputed that the committee had not completed its evaluation by the time the district court granted the MCSDâs motion. Appellants argue that the district court should have postponed its ruling until the committee completed its evaluation. Second, Appel
We find these arguments unavailing. The factual record in this case has been extensively developed over more than thirty years of district court supervision. Further, prior to ruling on the MCSDâs motion, the court conducted a lengthy public hearing where both sides presented evidence. Appellants cite no authority, and we have found none, requiring district courts to consider motions for unitary status only upon the completion of all school district construction projects and committee evaluations. Given the unique nature of desegregation litigation, such a requirement would be impractical, and as the MCSD points out, would likely result in the MCSD remaining forever under federal court supervision. Also, the current magnet program at VJHS had been in full operation since the 2000-2001 school year, long enough to allow the district court to make informed findings concerning its effectiveness â -notwithstanding Appellantsâ argument that the 2005 renovations could possibly have some future effect that was not observable to the court in 2006. Thus, we find that no further factual development was required, and the issues decided by the district court were ripe for review.
C. Motion for Unitary Status
The district court granted the MCSDâs motion for declaration of unitary status. The ultimate inquiry in determining whether a school district is unitary is whether (1) the school district has complied in good faith with desegregation orders for a reasonable amount of time,
1. Good faith compliance with the district courtâs orders
A school district seeking the termination of federal court supervision must first show that it has âconsistently complied with a court decree in good faith.â Hull, 1 F.3d at 1454; see also Freeman, 503 U.S. at 498, 112 S.Ct. 1430 (âA history of good-faith compliance is evidence that any current racial imbalance is not the product of a new de jure violation .... â). To meet this obligation, â[f]or at least three years, the school board must report to the district court.â Monteilh v. St. Landry Parish Sch. Bd., 848 F.2d 625, 629 (5th Cir.1988). Further, âthe district in question must have for several years operated as a unitary system.â Lemon v. Bossier Parish Sch. Bd., 444 F.2d 1400, 1401 (5th Cir.1971).
Appellants make two related arguments concerning this prong. First, Appellants assert that the MCSD has not complied in good faith with the district courtâs orders,
Appellants correctly observe that the district court did not expressly state that the MCSD had been in compliance with its desegregation orders for at least three years. However, following its thorough review of the evidence, the district court found that the MCSD worked in good faith to comply with the 2000 consent order since its adoption in April 2000. The district courtâs finding that the MCSD has complied in good faith with the 2000 consent decree is âplausible in light of the record viewed in its entirety.â See Price, 945 F.2d at 1312 (internal quotation marks omitted). For example, the MCSDâs good faith compliance is illustrated by the fact it has devoted a considerable amount of resources to renovating VJHS and implementing a new magnet program there. It has also implemented procedures to recruit minority teachers, established a biracial advisory committee, and fulfilled its reporting obligation to the district court. Further, the MCSDâs compliance with the 2000 consent order since its adoption constitutes compliance for a reasonable amount of time. See Lemon, 444 F.2d at 1401. Thus, we find no error in the district courtâs analysis of the first prong.
2. Elimination of the vestiges of prior de jure segregation to the extent practicable
Regarding the requirement that a school district eliminate the vestiges of prior de jure segregation to the extent practicable, âevery reasonable effort [must] be made to eradicate segregation and its insidious residue,â although complete racial balance is not required. Ross v. Houston Indep. Sch. Dist., 699 F.2d 218, 227-28 (5th Cir.1983). Rather, the emphasis is on whether âthe school district has done all that it could to remedy the segregation caused by official action.â Price, 945 F.2d at 1314; see also United States v. Fordice, 505 U.S. 717, 728, 112 S.Ct. 2727, 120 L.Ed.2d 575 (1992) (â[W]e have consistently asked whether existing racial identifiability is attributable to the State_â). To guide courts in determining whether the vestiges of de jure segregation have been eliminated as far as practicable, the Supreme Court has identified several aspects of school operations that must be considered, commonly referred to as the Green factors: student assignment, faculty, staff, transportation, extracurricular activities, and facilities.
a. Student assignment
Student assignment within a school district is relevant to determining
We note that the only objection Appellants appear to assert on appeal regarding student assignment is that the MCSD has allegedly failed to comply with court orders regarding the magnet program at VJHS and, as a result, the magnet program has failed to attract white students whose attendance would diversify that school and further eliminate the vestiges of prior segregation.
VJHS, located in Zone I, traditionally has been a âone-raceâ school, and had a 98.5% African-American student population in 2005. To encourage white students living in different zones to attend VJHS, and to enhance VJHSâs educational curriculum, the parties agreed in 1990 to implement a magnet program at the school. In the 2000-2001 school year, the MCSD implemented a new magnet program at VJHS, called Eco-Journeys. Despite the MCSDâs efforts to develop and promote the magnet program, the parties agree that the program failed to draw a significant number of white students to VJHS. The Government and Private Plaintiffs argued below that the failure to attract white students to the magnet program at VJHS is attributable to the MCSDâs lack of a good faith commitment to the magnet program. Thus, they argued, the MCSD was not entitled to a finding of unitary status on this aspect of student assignment. The district court disagreed and held that the MCSD complied in good faith with the 2000 consent order and that the program failed to attract white students primarily because of demographic and cultural factors.
On appeal, Appellants disagree with that conclusion and challenge the district courtâs findings that: (1) the implementation of the magnet program strengthened the curriculum at VJHS, (2) the magnet program had been adequately funded, (3) teacher inexperience at VJHS was not indicative of the MCSDâs lack of good faith and did not affect the magnet programâs success in attracting white students, (4) restructuring the administration at VJHS did not affect the magnet success in at
The evidence supports the district courtâs conclusion that location and demographic factors outside the MCSDâs control, as opposed to the alleged inadequacies cited by Appellants, were responsible for the magnet programâs failure to attract white students. With that in mind, we briefly review the Appellantsâ arguments regarding the magnet program.
First, Appellants argue that the magnet program weakened the curriculum at VJHS, contrary to the district courtâs assertion. Appellants cite nothing in the record, and we have found nothing, to support their contention. The magnet program at VJHS has received good reviews and the fact that VJHS may be rated lower than other schools, without more, simply does not lead to the conclusion that the magnet program has weakened the curriculum.
Second, Appellants argue that the magnet program was inadequately funded, in large part because the MCSD sought no outside funds after receiving a federal grant in 1998. The record shows that the new magnet program was initially funded by a federal grant of over $2.3 million and that the MCSD spent an additional $1.5 million from 2000-2006, not counting general operational funding or funding for instructional supplies. Appellants fail to explain why the MCSD was required to seek further outside funding, and have presented no evidence that additional funds would have made a significant difference in the number of white students enrolling in the magnet program.
Appellants next argue that the inexperience of the teachers at VJHS demonstrates the MCSDâs lack of good faith commitment to the magnet program and contributed to its failure to attract white students. The district court held that the MCSD made reasonable efforts to attract more experienced teachers to VJHS, and that it did not act in bad faith by refusing to exercise its authority to force more experienced teachers from other schools in the district to transfer to VJHS, because such a measure would have been counterproductive. Appellants have not shown that the MCSDâs decision to not implement forced transfers was motivated by anything other than practical concerns about losing teachers to other districts. Further, Appellants have not shown that more experienced teachers at VJHS would have attracted more white students, and given the geographic challenges facing the magnet program, such a proposition would be doubtful at best. Thus, we find no clear error on this point.
Relatedly, Appellants assert that the MCSDâs restructuring of the administrative staff at VJHS affected the magnet programâs success, contrary to the district courtâs finding. The restructuring at issue involved elimination of an administrative position located at the MCSDâs central office and assigning control of the entire
Appellants next argue that an important factor contributing to the magnet programâs failure to attract white students was the poor condition its facilities, at least prior to renovations in 2005.
The district court acknowledged that, if the evidence showed that the MCSD disregarded known facilitiesâ deficiencies, it likely would have failed in its duty to act in good faith to establish and maintain the magnet program. However, the court found that the evidence indicated that the facility was generally in good repair, and that no evidence supported the claim that the MCSD was aware or should have been aware of the problems cited by Dr. Gordon in his report. Further, the district court found that the alleged state of disrepair of the athletic facilities at VJHS did not play a significant role in the failure of the magnet program. We find that the evidence relied upon by the district court supports this conclusion.
Lastly, and most fundamentally, Appellants take issue with the district courtâs ultimate conclusion that âno matter the quality of the program, the facilities, the teachers, [and] regardless of how much money is spent, no magnet program is going to draw white students to [VJHS], at least not in numbers sufficient to affect the racial imbalance of the school.â The district court thoroughly documented the MCSDâs efforts to develop a successful magnet program, and based on its review, found that the failure of the program to attract white students was not attributable to the MCSDâs actions or lack of good faith. Instead, the court found that the magnet programâs goal of attracting white students was doomed because of location and cultural factors that were not attributable to the MCSD.
We find no error in these findings. The evidence confirms that the MCSD devoted considerable time and resources in a good faith effort to establish the magnet program. Moreover, the record also supports the conclusion that the magnet programâs inability to attract white students resulted from VJHSâs very inconvenient location.
In sum, the district court did not err in finding that the MCSD acted in good faith and that its efforts to implement a successful magnet at VJHS were reasonable. Moreover, any evidence that additional resources might have improved the alleged deficiencies in the magnet program must yield to the reality that the schoolâs location presented an apparently insurmountable challenge to attracting white students. Given the evidence documenting this challenge and the evidence confirming the MCSDâs substantial efforts to implement a successful magnet program, the district courtâs findings concerning the magnet program and student assignment are âplausible in light of the record viewed in its entiretyâ and are not clearly erroneous. See Price, 945 F.2d at 1312 (internal quotation marks omitted).
b. Facilities
Another consideration in determining whether a school district has eliminated the vestiges of prior de jure segregation to the extent practicable is whether school facilities are adequate. Green, 391 U.S. at 435, 88 S.Ct. 1689. Appellants argue that (1) facilities at VJHS were substandard prior to 2005, (2) that the baseball field and football stadium at VJHS do not compare favorably with others in the district, and (3) it is unacceptable that the music program at one primarily African-American middle school, Northeast Madison Middle School (âNMMSâ), is housed in a portable building.
The district court held that the challenged school facilities are adequate. The court noted that, of the four schools in Zone I, where VJHS is located, two are new and two have been renovated. Regarding athletic facilities, the district court noted that the MCSD was making improvements to VJHSâs football stadium,
The court concluded: âThe proof unequivocally shows that the [MCSD] has undertaken to address known relevant deficiencies at all its schools, and to provide adequate and proper educational facilities for all its students, both black and white.â We find no error in these conclusions. First, it is undisputed that the MCSD was in the process of making improvements to the football facilities at YJHS prior to the district courtâs ruling. Additionally, although the record supports Appellantsâ claim that the VJHS baseball field pales in comparison to the one at Ridgeland High School, which is also in the MCSD, the record does not show that the baseball field at VJHS is inadequate. Further, a number of improvements to the Ridgeland High School baseball field were the result of private fund-raising efforts. Regarding the allegedly inadequate music facilities at NMMS, Appellants have failed to establish that the decision to move the music program from the main building to portables is a vestige of past discrimination.
c. Faculty and staff assignment and pay
Faculty and staff issues are also relevant under Green. Dowell, 498 U.S. at 250, 111 S.Ct. 630. In Singleton v. Jackson Municipal Separate School District, we announced several requirements for hiring and assigning faculty and staff in schools under desegregation orders. See 419 F.2d 1211, 1217-18 (5th Cir.1969) (en banc), revâd in part sub. nom., Carter v. West Feliciana Parish Sch. Bd., 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477 (1970). Only two of the Singleton requirements are relevant here. First, a school must show that faculty and staff who work directly with children are assigned in such a manner that the racial composition of the faculty and staff would not indicate that the school is intended for either African-American or white students. Id. Second, âdiscrimination on the basis of race, color or national origin in the hiring, assignment, promotion, pay, demotion or dismissal of faculty members and administrative staffâ is prohibited. Fort Bend Ind. Sch. Dist. v. Stafford, 651 F.2d 1133, 1138 (5th Cir.1981) (discussing Singleton, 419 F.2d at 1217-18). We have made clear that these requirements do not establish an arbitrary racial quota. See id. at 1139.
The 2000 consent order required the MCSD to meet its Singleton obligation by
The district court, having heard testimony from the MCSDâs superintendent and its personnel director, concluded that âevery principal is keenlyâ aware of Singleton's requirements and the requirements of the 2000 consent order as it relates to faculty hiring. The court also found that the only options to remedy the faculty assignment problem are forced faculty transfers or increased pay for faculty who agree to transfer. Regarding the first option, the court found the that MCSDâs decision not to force teachers to transfer was reasonable, given the risk that the district would likely lose teachers to other districts under such a policy. Regarding the second option, the court noted that increased pay, beyond what is authorized by statute, is apparently prohibited by state law. Further, the district court concluded that the MCSDâs method for determining administrator pay, including consideration of such factors as the size of the school, grade levels taught at the school, and experience, was rational and non-discriminatory:
The MCSD has not satisfied its requirement to ensure that the faculty composition at each school in the district is within a 15% range of the district-wide ratio of African-American to white teachers. However, the MCSD provided the district court with considerable evidence that each school is aware of its Singleton obligation and that it has worked aggressively to ensure that each of its schools is staffed with a diverse faculty. As to VJHS, we note that while falling short of the requirement of the 2000 consent decree, the faculty composition is, in fact, quite diverse. Furthermore, the MCSD has documented its extensive minority recruitment efforts, which includes recruiting at predominantly African-American colleges and universities in Mississippi. And there is no evidence that the MCSDâs faculty and staff employment and assignment practices, or its compensation scheme for administrators, is currently discriminatory or that the district did not adequately remedy the adverse effects of prior de jure segregation. See Stafford, 651 F.2d at 1140 (holding that Singleton requirements are satisfied if the districtâs current employment practices are non-discriminatory and in compliance with the Constitution and the adverse effects of any prior unlawful employment practices have been adequately remedied). Lastly, the MCSDâs expert, Dr. Rossell, evaluated the available information and opined that the MCSD has met the standard for unitary status on this factor âbecause it has racially balanced its staff to
III.
After its thorough review of the evidence, the district court ultimately concluded that the MCSD:
[H]as met its constitutional obligation to eliminate the vestiges de jure segregation to the extent practicable and that it has shown a good faith commitment to and compliance with its desegregation orders and to the rights that were the impetus for the courtâs orders. The court thus concludes that unitary status has been achieved in all of the Districtâs operations, so that further judicial oversight is neither required nor desirable.
Based on our review of the record, we find no clear error in these findings. We are also cognizant of the important interest in â[rjeturning schools to the control of local authorities at the earliest practicable dateâ in order to ârestore their true accountability .... to the citizenry [and] to the political process.â Freeman, 503 U.S. at 490, 112 S.Ct. 1430; see Dowell, 498 U.S. at 247, 111 S.Ct. 630 (âFrom the very first, federal supervision of local school systems was intended as a temporary measure to remedy past discrimination.â).
Lastly, we would like to recognize those who have contributed their substantial efforts â teachers, administrators, parents, citizens, and others â to the difficult task of transforming the MCSD from a district practicing de jure segregation to one that has remedied the adverse affects thereof to the extent practicable. With our compliments to those involved in bringing about this accomplishment, and having found no clear error in the district courtâs findings, we affirm.
AFFIRMED.
. We use the term "unitaryâ in this context to refer to a school district that "has done all that it could to remedy the [prior] segregation caused by official action.â Price v. Austin Indep. Sch. Dist., 945 F.2d 1307, 1314 (5th Cir.1991).
. "Both the Northwest Ordinance and the Act of 1802 called for the territory to be divided into townships having thirty-six numbered sections and required that the sixteenth section of each township be used for the support of the public schools within each township.â Madison County Bd. of Educ. v. Ill. Cent. R.Co., 728 F.Supp. 423, 425 (S.D.Miss.1989).
. This prong has alternately been stated as requiring good faith compliance with the desegregation decree âsince it was entered.â See Bd. of Educ. of Okla. City Pub. Sch. v. Dowell, 498 U.S. 237, 249-50, 111 S.Ct. 630, 112 L.Ed.2d 715 (1991). However, in Freeman v. Pitts, the Supreme Court cited to this language in Dowell and construed it as requiring âgood-faith compliance ... over a reasonable period of time.â 503 U.S. 467, 498, 112 S.Ct. 1430, 118 L.Ed.2d 108 (1992) (emphasis added).
. Appellants conceded below that the MCSD has satisfied its obligations with regard to transportation and extracurricular activities.
. To the extent that Appellants may object to other aspects of student assignment within the MCSD, the record contains evidence sufficient to support a finding that the MCSD is unitary with respect to all aspects of student assignment. For example, the MCSD's expert, Dr. Rossell, noted that the MCSD âmet or surpassed the original plan on all measures of racial balance and complies with the 1999 and 2000 court orders,â and thus âhas met the standard for unitary status on student assignment.â We also note that none of the district court's orders established a racial quota for student assignment at each school and the presence of several schools in a district with a high percentage of students of a particular race does not preclude a finding of unitary status. See, e.g., Ross, 699 F.2d at 226-28 (upholding a declaration of unitary status when 55 of the school district's 226 schools had 90% or more African-American students).
. We note that VJHS was rated a level three (successful) school in the No Child Left Behind report.
. We note that Appellantsâ argument that this conclusion is erroneous because three VJHS principals were removed for incompetence is unpersuasive because it fails to establish any relationship between the removals and the implementation of the restructuring plan.
. To the extent that the condition of VJHSâs facilities affected the success of the magnet program, it is relevant to the present discussion of the âstudent assignmentââ factor. We note that the condition of facilities is also its own Green factor, discussed infra.
. In response to the district courtâs conclusion that the magnet failed because of location and demographic factors, Appellants argue that âaccommodating the racial animus
. Appellants also appear to argue that the facilities at the MCSD's Alternative School are inadequate because the school has no kitchen, it has no "realâ classrooms, and elementary students are taught in a trailer. However, MCSDâs superintendent, Michael Kent, testified that while the Alternative School has no kitchen, there is a dining hall and the school provides food prepared off-site for the students. Further, he testified that the Alternative School conducts classes in rooms that were once district offices, and that those rooms "lend themselves fairly well to [being] classrooms because of the size of a typical class.â This unchallenged testimony permits a finding that the Alternative School facilities are adequate in those areas. Also, Appellants do not explain why a trailer is inadequate to conduct an elementary class at the Alternative School.
. Relatedly, Appellants argue that the MCSD has discriminated in its use of sixteenth section loan funds. The district court held that in 2005, the MCSD approved a $630,000 loan, $400,000 of which went to fund improvements to the track and stadium at VJHS â a use selected by a parent group at VJHS. Based on our review, we simply find no clear error in the court's conclusion that the sixteenth section loan funds have not been used in a discriminatory manner.