clark v. board of education

clark v. board of education - Delores CLARK et al.,...

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Delores CLARK et al., Appellants, v. BOARD OF EDUCATION OF the LITTLE ROCK SCHOOL DISTRICT et al., Appellees. Delores CLARK et al., Appellees, v. The BOARD OF EDUCATION OF the LITTLE ROCK SCHOOL DISTRICT et al., Appellants Nos. 71-1409, 71-1415 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT 449 F.2d 493; 1971 U.S. App. LEXIS 8144 September 10, 1971 JUDGES: [**1] Matthes, Chief Judge, and Gibson, Lay, Heaney, Bright, Ross and Stephenson, Circuit Judges, En Banc. * * Judge Mehaffy took no part in the consideration or decision of these appeals. OPINIONBY: PER CURIAM OPINION: [*494] We are again asked to review a District Court decree purporting to establish a unitary school system in Little Rock, Arkansas. n1 The court's proposed plan [*495] employs a variety of techniques, including pairing, clustering, and contiguous and noncontiguous zoning to achieve the stated objective. Under the plan, grades 6 through 12 would be integrated at the beginning of the 1971-72 school year. All students in grades 6 and 7 would be assigned to four middle school centers located in the generally white residential areas in the western section of the city; all students in grades 8 and 9 would be assigned to four junior high school centers, three of which are in the largely black residential areas in the eastern section of the city; and all students in grades 10 through 12 would be assigned to three high school centers, two in white residential areas and one--Central High School--in central Little Rock. n2 Substantial racial balance would be achieved [**2] in each school by assigning students to a particular school. Transportation would be provided for all students living more than two miles from their assigned school. - - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n1 The decision of the District Court, Clark v. Board of Directors of Little Rock School District, et al., is published at 328 F. Supp. 1205 (E.D.Ark.1971). For a history of the prior litigation involving this school district, see, Clark v. Board of Education of Little Rock School District, 426 F.2d 1035 (8th Cir. 1970). n2 Western Little Rock is a rapidly growing area with ten elementary schools about ninety-six percent white. Central Little Rock is a transitional area with nine elementary schools about sixty-six percent white. Eastern Little Rock is an area with a declining population about ninety-three percent black. - - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - The disestablishment of a dual system at the elementary level would be delayed under the decree until the opening of the 1972-73 school year. By that date, however, the Board of Education would [**3] be required to "disestablish by means of pairing and grouping * * * the presently existing dual system of racially identifiable elementary schools and to replace it with a unitary system * * and to assign elementary students to the schools in such a manner that no elementary school can be identified as a school primarily intended or used for the education of students of any
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This note was uploaded on 04/08/2008 for the course HIST 327 taught by Professor Hamm during the Spring '08 term at SUNY Albany.

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clark v. board of education - Delores CLARK et al.,...

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