Student Assignment Plan Huntsville City Schools & NAACP Legal Defense Fund

Legal Brief Summary

Casey Wardynski, Ph.D.

Superintendent

Huntsville City Schools

March 10, 2014

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Guide to this Presentation

Items in Yellow Text are quoted from either the Plaintiffs’ brief or the Board of Education brief.

Items in White Text are our comments or data.

Items in brackets [ ] indicated page references in the Plaintiffs’ and the Board’s briefs.

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The NAACP Legal Defense Fund is the Class Counsel in the Hereford, et al v. HCBOE Case Dating from 1963

Brief of the Plaintiffs [Represented by the NAACP Legal Defense Fund, Page 11]

The nature of the decrees entered by this court confirm its class action status. [11] In these suits the law places special responsibilities on class counsel to protect the interests of the class as a whole. [11]

et al - An abbreviated form of et alia, Latin for "and others." When affixed after the name of a person, et al. indicates that additional persons are acting in the same manner, such as several plaintiffs or grantors.

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The Defendant’s Plan Provide Significant Benefits to the Plaintiff Class. [17] The Defendant’s Student Plan Meets Applicable Constitutional Standards. [17] There is nothing about the Student Assignment Plan that could remotely be characterized as taking even the tiniest step toward effecting “the recurrence of the dual school structure. [22]

Brief of the Plaintiffs [Represented by the NAACP Legal Defense Fund, Pages 17 and 22]

On Feb 27 We Stated that the Response of the U.S. DOJ to Our Student Assignment Plan was Based Upon Substantive Errors of Fact & Law

In Stating these Errors, We Are Joined by the Class Counsel for the Private Plaintiffs. In its Brief, the NAACP Legal Defense Fund Finds:

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The NAACP Legal Defense Fund Provides a Clear Rationale for its Finding that the HCS Student Assignment Plan is Constitutional

Brief of the Plaintiffs [Represented by the NAACP Legal Defense Fund, Pages 23 and 24]

Freeman v. Pitts, 503 U.S. 467, 491, 496 (1992): As the de jure violation becomes more remote in time and demographic changes intervene, it becomes less likely that a current racial imbalance in a school district is a vestige of the prior de jure system. The causal link between current conditions and the prior violation is even more attenuated if the school district has demonstrated its good faith. [23]

In fact, the Court has never held that substantial vestiges of the prior dual system persisted after 1974. [24]

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• The school system experienced “radical demographic changes” over the course of the case.

• “During the relevant period, the black population in the southern portion of the

county experienced tremendous growth while the white population did not, and the white population in the northern part of the county experienced tremendous growth while the black population did not.”

• Because of these radical shifts, there was, in 1986, a significant number of

“racially imbalanced” schools.

• There was evidence to support the fact that the Court’s order “‘effectively desegregated the [school system] for a period of time.

• The school system had taken steps to stop and reverse the demographic shifts (noting the school system’s voluntary creation and implementation of a M-to-M program and a magnet school program for arts, sciences, and foreign languages).

Like the School System in Freeman, HCS Experienced Radical Demographic Shifts and Implemented Remedial Measures

Brief of HCBOE , History of the Case [ Pages 16 and 17]

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Like the School System in Freeman, HCS Was Well Integrated in 1974

Brief of HCBOE Brief, History of the Case [Pages 5 and 6]

SCHOOL (1973 Data) Non-Black Black

BUTLER HIGH SCHOOL 85% 15%

JOHNSON HIGH SCHOOL 76% 23%

COLONIAL HILLS (MARTIN LUTHER KING) 54% 46%

ED WHITE 80% 20%

HIGHLANDS 83% 17%

LAKEWOOD 72% 28%

MONTVIEW 86% 14%

ROLLING HILLS 64% 36%

UNIVERSITY PLACE 90% 10%

WEST MASTIN LAKE (DAWSON) 73% 27%

In its order of August 14, 1974, the Court with jurisdiction over Huntsville’s Singleton Order Found that “[t]he City of Huntsville school system is well integrated.” [5]

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Like the School System in Freeman, In 1974, HCS Was Well Integrated

Brief of HCBOE Brief, History of the Case [Page 9]

Year: 1970 1980 1990 2000 2010

Black Population 7,989 9,742 12,362 16,591 17,416

White Population 34,143 30,100 28,379 18,788 16,255

Year: 1970 1980 1990 2000 2010

Black Population 4,367 11,868 15,624 16,814 16,924

White Population 21,723 14,772 9,905 4,627 3,369

Johnson High School Neighborhoods

Butler High School Neighborhoods

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Between 1970 and 2010 the Racial Balance of School Age Children in the Butler High School Zone Changed Radically

Brief of HCBOE Brief, History of the Case [Affidavit of Connie Graham]

0

2,000

4,000

6,000

8,000

10,000

12,000

1970 1980 1990 2000 2010

White Age 5-17

Black Age 5-17

Total School Age

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Between 1970 and 2010 the Racial Balance of School Age Children in the Johnson High School Zone Changed Radically

Brief of HCBOE Brief, History of the Case [Affidavit of Connie Graham]

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

8,000

9,000

1970 1980 1990 2000 2010

White Age 5-17

Black Age 5-17

Total School Age

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Since 1974 School Demographics Have Changed Radically Due to Population Shifts in the Surrounding Community

Brief of HCBOE Brief, History of the Case [Pages 8 and 9]

1973

2013-14

Increase in

Black

Population

(Measured in

percentage points)

SCHOOL

Non-Black

Black

Non-Black

Black

BUTLER HIGH SCHOOL 85% 15% 33% 67% 52

JOHNSON HIGH SCHOOL 76% 23% 7% 93% 70

COLONIAL HILLS (MLK) 54% 46% 25% 75% 29

ED WHITE 80% 20% 11% 89% 69

HIGHLANDS 83% 17% 9% 91% 74

LAKEWOOD 72% 28% 18% 82% 54

MONTVIEW 86% 14% 12% 88% 74

ROLLING HILLS 64% 36% 10% 90% 54

UNIVERSITY PLACE 90% 10% 33% 66% 56

WEST MASTIN LAKE (DAWSON) 73% 27% 13% 87% 60

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To Counter the Demographic Shifts in Huntsville Communities, the School System Implemented Remedial Measures

Brief of HCBOE Brief, History of the Case [Pages 9 to 11]

1986 – Created the Lee Magnet Program

1984 – Created the AAA Magnet K-8 School

1987 – Created the Johnson Magnet Program

1988 – Created the ASFL Magnet K-8 School

1997 – Created New Century Technology Magnet High School

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To Meet the Needs of A Growing City, Huntsville City Schools Opened Several New Schools in South and West Huntsville Under Court Orders

1990 – Williams Elementary School

2005 – Providence Elementary School

2005 – Columbia High School

1996 – Hampton Cove Elementary & Middle Schools

2011 – Goldsmith Schiffman Elementary School

1989 – Challenger Elementary and Middle Schools

The brief of the United States reads as if the first development in this case, after its filing in 1963, was the construction plan in 2012-13 school year. Of course, this is simply untrue. There were 50 years of history in between. The events occurring during those intervening 50 years, although ignored by the United States form the prism through which Huntsville’s motion must be viewed, and set the legal standard for the court to apply in deciding whether to grant Huntsville’s motion. Contrary to the apparent belief of the United States, this is not 1963 or 1970.

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To Meet the Needs of A Growing City, Huntsville City Schools Opened Several New Schools in South and West Huntsville Under Court Orders

Brief of HCBOE Brief, History of the Case [Page 3]

Because the DOJ ignored the important events occurring in the 50 year history of this case the DOJ applied the wrong legal standard. Thus, it was wrong with regard to the facts and the law. On August 14, 1974 the court made an order making a finding of fact that the school system of Huntsville was well integrated. [as illustrated in earlier slides] Over the years there was a significant demographic shift in Huntsville. Contemporaneously the school system suggested and opened several magnet schools to arrest the imbalances in schools that was occurring due to these significant demographic shifts.

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Having Ignored the Long History of Our Case, the DOJ Made Important Errors of Fact and Law

The population shifts in Huntsville had a significant impact on the standard to be applied by the court in this case. We know this from Freeman v. Pitts in 1991. That Supreme Court case says that Huntsville City Schools with the passage of time, and population shifts, and the accumulation of good faith by the school system it becomes more difficult to trace current imbalances to the original system of segregation. Instead, the imbalances arise due to private choices of citizens rather than segregative policies of the school system. When this occurs, the imbalance that exists does not arise from unconstitutional action and therefore there is nothing for the court to remedy.

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Imbalances in Our Schools Arise Despite the Efforts of HCS and Not as Vestiges of Segregation Law or Policy

Brief of HCBOE Brief, Paraphrased from Standard of Review, [Pages 14 to 24]

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There is nothing about the Student Assignment Plan that could remotely be characterized as taking even the tiniest step toward effecting “the recurrence of the dual school structure.” [22]

Plaintiffs’ counsel is satisfied that the Student Assignment Plan meets Defendants’ constitutional obligations in the circumstances of this long-running matter. [22]

Therefore We and the Plaintiffs Reject the Notion Raised by the U.S. DOJ that the HCS Plan is Flawed and Recommend the Court Approve Our Plan

Brief of the Plaintiffs [Represented by the NAACP Legal Defense Fund, Page 22]