Harris v. Bullock County Board of Education (253 F. Supp. 276, 1966)

JOHNSON, District Judge.

In accordance with the evidence previously presented in this matter and the consent of the parties, it is hereby

ORDERED, ADJUDGED, and DECREED that the defendants, their agents, officers, employees, and successors, and all those in active concert or participation with them shall

1. Execute the Plan for Desegregation of the Public School System of Bullock County, Alabama, which is attached hereto and incorporated herein.

2. Report to the Court by May 15, and each such date until further order by this Court, the anticipated student enrollment in each, school by race and grade for the next school' year and report, as it occurs, any subsequent substantial change in enrollment affecting desegregation.

3. Report to the Court by June 15, and each such date until' further order by this Court, the planned assignments of professional staff to each school for the next school year by race and grade or, where appropriate, by subject taught or position held and report, as it occurs, any subsequent change in planned staff assignments affecting staff desegregation.

4. Report as soon as possible after the opening of its schools but no later than September 20, and each such date until further order of this Court, the actual data for the items covered in the reports ordered in Paragraphs 2 and 3.

5. The Court specifically retains jurisdiction of the parties and the cause.

PLAN FOR DESEGREGATION OF THE PUBLIC SCHOOL SYSTEM OF BULLOCK COUNTY, ALABAMA

I.

DESEGREGATION OF SCHOOL GRADES

Grades 1, 5, 6, 7, 8, 9, 10, 11, and 12 in the Bullock County School System will be desegregated by the Fall of 1966, and grades 2, 3, and 4 will be desegregated by the Fall of 1967. Pupils will be^assigned, without regard to. race or color, on a freedom of choice basis as described in this Plan.

II.

OPERATION OF THE FREEDOM OF CHOICE PLAN

The following requirements shall apply for all students covered by freedom of choice under this Plan.

(a) Who may Exercise Choice: A choice of schools may be exercised by a parent or other adult person serving as the student’s parent. A student may exercise his own choice if he (1) is exercising a choice for the ninth or a higher grade or (2) has reached the age of fifteen at the time of the exercise of choice. Such a choice by a student is controlling unless a different choice is exercised for him by his parent or other adult person serving as his parent during the choice period or at such later time as the student exercises a choice. Each reference in this plan to a student exercising a choice means the exercise of the choice, as appropriate, by a parent or such other adult or by the student himself.