Cleveland et al v. Union Parish

Filing 161

MEMORANDUM RULING re 158 MOTION for Declaration of Unitary Status filed by School Board Union Parish. Signed by Judge Robert G James on 9/21/15. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

ERIC CLEVELAND, ET AL.

CIVIL ACTION NO. 67-12,924

VERSUS

JUDGE ROBERT G. JAMES

UNION PARISH SCHOOL BOARD, ET AL.

MAG. JUDGE KAREN L. HAYES

RULING
Pending before the Court is a Motion for Declaration of Unitary Status (“Motion for Unitary
Status”) [Doc. No. 158] filed by the Union Parish School Board (“UPSB”). No opposition has been
filed.
For the following reasons, UPSB’s motion is GRANTED, the District is hereby declared
UNITARY in all regards, and this case is DISMISSED.
I.

ORIGINAL ORDER, MODIFICATIONS, AND PROCEDURAL HISTORY
This is a school desegregation case brought in 1967 by Eric Cleveland and others on behalf of

African-American students in Union Parish. The lawsuit resulted in a desegregation plan and decree
entered on February 11, 1970, under which UPSB operates, subject to modifications on August 3, 1979;
August 14, 2001; July 18, 2005; July 14, 2010; May 13, 2011; September 7, 2011; September 6, 2012;
July 25, 2013; and February 24, 2014.
Additionally, on February 2, 2012, the Court granted partial unitary status to UPSB.
Considering those factors set forth in Green v. County Sch. Bd. of New Kent Cty., 391 U.S. 430 (1968),
the Court found that UPSB operated a unitary school district with respect to transportation,
extracurricular activities, and facilities.

In the instant motion, UPSB now requests a finding of unitary status with respect to the
remaining areas under Green: teacher and staff assignment and student assignment.
II.

LAW AND ANALYSIS
Although it is the school district’s burden to prove it is operating in a unitary manner for at least

three years, thereby eliminating the vestiges of past discrimination to the extent practicable, Board of
Education of Oklahoma City Pub. Sch. v. Dowell, 498 U.S. 237, 249-250 (1991), there is no
requirement that the unitary status be proved or found “conclusively.” Manning v. School Bd. of
Hillsborough Cty., 244 F.3d 927, 940 (11th Cir.), cert. denied, 534 U.S. 824 (2001). The ultimate goal
of the district court is to return “schools to the control of local authorities at the earliest practicable
date.” Freeman v. Pitts, 503 U.S. 467, 490 (1992).
However, school districts have a “continuing duty to eliminate the system-wide effects of earlier
discrimination and to create a unitary school system untainted by the past.” Ross v. Houston, Indep.
Sch. Dist., 699 F.2d 218, 225 (5th Cir. 1983).
With this law in mind, the Court now turns to the two remaining Green areas.
A.

Faculty and Staff Assignments

The Minute Entry of November 14, 1968, in this proceeding directed UPSB to set forth a report
for further faculty integration and on February 11, 1970, a Decree was entered by Hon. Benjamin
Dawkins, Jr., for a court-approved desegregation plan. UPSB has, for a number of years, assigned
principals, teachers, teacher-aides (paraprofessionals) and other staff who work directly with children,
so that the racial composition of the staff at a school will not indicate that a school is intended for either
African-American or white students. Generally, the ratio of African-American and white teachers and
African-American and white paraprofessionals at each school for the 2010-2011 school year through
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the 2014-2015 school year has been reflective of the District as a whole.
As the status reports filed with the Court indicate, the percentage of faculty members at each
school is generally within twenty percent of the parish wide average of 18.9% African-American, 78.8%
white and 2.1% other. These documents reflect that the 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 any school is intended for either back or white students and that the ratio of AfricanAmerican to white teachers and African-American to white paraprofessionals at each school is
substantially the same as the racial ratio of teachers and other staff to the entire school district.
UPSB has provided the Court with affidavit tesimony to support its showing that, for the
2010-2011 through the 2014-2015 school years, elementary/secondary and special education supervisors
attended teacher job fairs at Southern University, Grambling State University, Louisiana Tech
University and University of Louisiana at Monroe to recruit teachers for the District. In addition, UPSB
has entered into an agreement with Grambling State University to allow its students to observe and
assist the teachers in the District in the classroom setting. UPSB has made available tuition fund
reimbursement for teachers working towards certification in its District. In addition, it has contacted
the Department of Education at Grambling State University specifically to check for any applicants
available when the District had openings for teachers.
There are two charter schools in the District: D’Arbonne Woods Charter School and Downsville
Charter School. However, UPSB has no control over faculty and staff recruitment, selection, hiring,
placement or discharge by the charter schools.
Under these circumstances, the Court finds that UPSB has met its obligations to eliminate the
vestiges of past discrimination in regard to faculty and staff assignments and hiring. The Court,
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therefore, GRANTS UPSB’s Motion for Unitary Status with regard to this area.
B.

Student Assignments

The Fifth Circuit has held, “regarding the requirement that a school district must eliminate the
vestiges of prior de jure segregation to the extent practicable, ‘every reasonable effort [must] be made
to eradicate segregation and its insidious residue, although complete racial balance is not required.’”
Anderson v. Sch. Bd. of Madison, Cty., 517 F.3d 292, 298 (5th Cir. 2008). The court further stated,
“[w]hile racial imbalance in a particular school is relevant, racial imbalance, without more, does not
violate the Constitution.”

Id. at 298-99.

Accordingly, “immutable geographic factors and

post-desegregation demographic changes that prevent the homogenation of all student bodies do not bar
judicial recognition that the school system is unitary.” Price v. Austin Indep. Sch. Dist., 945 F.2d 1037,
1314 (5th Cir. 1991) (citing Ross, 699 F.2d at 225).
In this case, the original Order was entered in these proceedings on February 11, 1970. Under
that Order, students were assigned to various schools in certain attendance areas in Union Parish
following the desegregation of the public school system. UPSB operated under that decree until it was
slightly modified as a result of a Motion To Amend Decree and its attachments filed July l7, 1979. As
indicated in the Affidavit attached to the July 17, 1979 Motion To Amend Decree, the thenSuperintendent of Schools, Chiles I. Carpenter, stated that no one knew the whereabouts of the original
plaintiff, Eric Cleveland at that time. The same is true today.
The Motion To Amend Decree filed in l979 requested slight changes to the grade levels of the
students attending school in the Bernice, Spearsville and Westside (Lillie) attendance zones by changing
the grade level at Bernice from grades 1 through 2 and 8 through 12, to K through 3 and 9 through 12;
at Spearsville, from grades 1 through 2 and 8 through 12, to grades K through 3 and 9 through 12; and
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at Westside School (Lillie School) from grades 3 through 7 to grades 4 through 8.

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Honorable Tom Stagg approved the above-referenced modification by Order dated August 3, 1979, after
reviewing the record and without the necessity of a hearing of any kind because there was no racial
purpose or effect in the change and because of a valid educational basis for the slight change.
On August 13, 2001, a Motion to Amend Consent Decree was filed by UPSB which requested
additional changes in the grade level of students attending schools at Bernice, Spearsville, and Lillie,
and altered the grade levels of students that attended schools known as Farmerville Elementary School
and Farmerville Middle School.
On August 14, 2001, this Court approved the Motion and entered an order adjusting the
attendance zones and grades, as requested.
On July 18, 2005, a Motion To Amend Consent Decree was filed by the UPSB which requested
changes in school attendance zones as a result of action taken by the UPSB to close schools that were
known as Rocky Branch Elementary School, Linville High School and Lillie Middle School.
By Order signed on July 18, 2005, and entered by the Clerk of Court on July 20, 2005, the Court,
in a similar process, further amended the Consent Decree in the following respects:
(1)

Students who attended Rocky Branch Elementary School were assigned to
Farmerville Elementary School for grades K - 5 and Farmerville Junior High
School for grades 6 - 8.

(2)

Students in grades 5 - 8 who attended Lillie School and resided in the Bernice
attendance zone were assigned to the Bernice School.

(3)

Students in grades 5 - 8 who attended Lillie School and resided in the
Spearsville attendance zone were assigned to Spearsville School.

(4)

All students who attended Linville High School were assigned to Marion High
School together with the students previously zoned to Marion High School.

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On May 27, 2009, this Court approved D’Arbonne Woods Charter School, Inc., to begin
operation as a Type 2 charter school in Union Parish. [Doc. Nos. 59 & 60].
On July 14, 2010, the Court, after consideration of the Supplemental and Amended Motion To
Amend Consent Decree [Doc. No. 86], amended the original Consent Decree and the previous Orders
in the following respects:
(1)

High school students in grades 9 through 12 assigned to Marion High School
will be assigned to Farmerville High School commencing with the 2010- 2011
school year.

(2)

The school at Bernice will become a K-5 school commencing with the
2010-2011 school year.

(3)

Spearsville will become a K-8 school with grades 6 through 8 from Bernice
consolidated into Spearsville commencing with the 2010-2011 school year.

(4)

High school students in grades 9 through 12 assigned to Spearsville High School
will be assigned to Farmerville High School commencing with the 2010-2011
school year.

(5)

High school students in grades 9 through12 assigned to Downsville High School
will be assigned to Farmerville High School commencing with the 2011-2012
school year.

[Doc. No. 87].
On May 13, 2011, this Court entered another Order in this proceeding which amended the
previous orders in the following respects:
(1)

Students at the school in Bernice will have the option of remaining at the school
in Bernice for sixth grade, so long as the number of students in the sixth grade
does not fall below fifteen (15) students.

(2)

Spearsville will remain a K-8 school with students from Bernice continuing to
attend Spearsville for seventh and eighth grades. Consistent with the amendment
to (2), Bernice students will have the option to attend either Bernice or
Spearsville unless the number of students in the sixth grade at Bernice falls
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below fifteen (15) students. If the number of students in the sixth grade at
Bernice does fall below fifteen (15) students, those students must attend sixth
grade at Spearsville.
(3)

High school students in grades 9 - 12 assigned to Downsville High School will
be assigned to Farmerville High School commencing with the 2012-2013 school
year.

[Doc. No. 108].
On September 7, 2011, this Court amended the previous decrees, so that the assignment of
students in grade 7 through 8 who were assigned to Marion School would be assigned to Farmerville
High School commencing with the 2011-2012 school year. [Doc. No. 111].
On September 6, 2012, this Court further amended the previous orders and provided that
students who were currently zoned to attend Marion School for sixth grade would attend Farmerville
Junior High School commencing with the 2012-2013 school year and further approved the operation
of Downsville Charter School as a Type 3 charter school through the Union Parish School Board
commencing with the 2012-2013 school year. [Doc. No. 132].
On July 25, 2013, this Court further amended the previous Orders of this Court and provided
that students who were then zoned to Marion Elementary School would attend Farmerville Elementary
School and those students in grades 6 through 8 at Spearsville and grade 6 at Bernice School would
attend Farmerville Junior High School for grades 6 through 8 commencing with the 2013-2014 school
year. [Doc. No. 144].
On February 24, 2014, this Court amended the previous zone lines so that all students who were
then zoned to attend Spearsville Elementary School would attend Farmerville Elementary School
commencing with the 2014-2015 school year and all students who were then currently zoned to Bernice
Elementary School would attend Farmerville Elementary School commencing with the 2014-2015
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school year. [Doc. No. 149].
There have been no further modifications of the previous Orders of this Court.
At this time, all students in those schools operated by UPSB attend school in Farmerville,
Louisiana, at one of the four schools, as shown by affidavit testimony attached to UPSB’s motion, as
well as the record in this matter.
The Court finds that UPSB has complied in good faith with all Orders of this Court and has
eliminated the vestiges of past discrimination to the extent practicable. The District has filed its
semi-annual reports with the Court. The District has carried out each of the Orders entered by this
Court. Accordingly, the Court GRANTS UPSB’s Motion for Unitary Status in the area of student
assignments.
III.

CONCLUSION
For the foregoing reasons, UPSB’s Motion for Unitary Status [Doc. No. 158] is GRANTED,

and the District is hereby declared UNITARY in the remaining two Green areas of teacher and staff
assignment and student assignment. The District is now declared UNITARY as to all areas of
operation, and the permanent injunction previously entered is DISSOLVED.
DISMISSED WITH PREJUDICE.
MONROE, LOUISIANA, this 21st day of September, 2015.

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This matter is