Full opinion text
MEMORANDUM OF DECISION JULIUS J. HOFFMAN, District Judge. This is a civil rights action brought by the plaintiff under 42 U.S.C. Sec. 2000e-6(a) seeking an order directing the defendants to desegregate grammar schools in Illinois School District 151. On July 8th, 1968, and after extensive hearings, the district court determined that the defendants and their predecessors were guilty of denying Negro children in District 151 equal protection of the law in violation of the Fourteenth Amendment by virtue of the defendants’ invidiously discriminatory policies, decisions and practices based solely on the fact that the children are Negroes, and the district court, accordingly, issued its preliminary injunction order against the defendants based on its findings of fact and conclusions of law. See United States v. School District 151 of Cook County, Illinois, 286 F.Supp. 786 (N.D. Ill.1968). The United States Court of Appeals for the Seventh Circuit affirmed the preliminary injunctive order for the government, and remanded the cause to the district court for further proceedings upon the government’s motion for a permanent injunction on December 17, 1968. See School District 151 of Cook County, Illinois v. United States, 404 F.2d 1125 (7th Cir. 1968). Pursuant to the directive of the Court of Appeals, the district court conducted hearings beginning with January 13, 1969, and ending on February 17, 1969. As a result of these hearings and a careful examination of the transcript of evidence consisting of 2,867 pages, together with all of the documentary exhibits, the court has determined that the government is entitled to a permanent injunction against the defendants. For an American who is devoted to his country and wants to believe in the intelligence and good-will of its citizens it is very painful to contemplate and difficult to understand continued resistance to school desegregation. It should be, but apparently it is not, unnecessary to restate the fact that not only has the United States Supreme Court held segregation to be illegal and morally reprehensible (Brown v. Board of Education of Topeka, Shawnee County, Kansas, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954)) but also that social and educational research have corroborated the finding that it is damaging to the student’s personality and intellectual development (United States v. School District 151 of Cook County, Illinois, 286 F.Supp. 786 (N.D.Ill.1968). The separation of black and white children is in itself an inhibiting factor. In any community where one school is black and one predominantly white nobody needs to be told which is considered the good school. * This is the case whether segregation is the result of an old housing pattern, the flight of white residents or the construction of a new school on a site beyond the walking distance of Negro children. The implication, and not infrequently the assertion, that the Negro school is “undesirable” disheartens both pupils and teachers and limits their expectations. Because it saps the pupil’s motivation, his achievement level drops below his actual capacity and gives ostensible confirmation to the fear that he is somehow deficient. In other words, the school which should help him to resolve his self-doubts, strengthen his self-respect and encourage his aspirations actually does the reverse. The correlation between high expectations and excellent performance, low expectations and poor performance is so obvious and well documented that even without test scores to prove the point, it should be obvious that Negro children make better progress in desegregated schools where success is the rule than in all-Negro schools where it is usually the exception. By this time also the apprehensions of white parents should have been dispelled by the reports and testimony of educators who have found that the performance of white children has not been adversely affected by the introduction of Negroes into their classes. The academic record of white children attending integrated schools has paralleled that of comparable white students in all-white schools and they have, in addition, received the bonus of interaction with members of a different race, a matter of vital importance in our pluralistic society. Conversely, segregation harms the white as well as the black student. Just as racial isolation tends to cripple a black child by inducing a feeling of inferiority, it inflates the white child with a false belief in his superiority. These seeds of prejudice and animosity produce particularly noxious weeds when they are not planted adventitiously and merely permitted to sprout but when they are nourished by the deliberate practice of segregation. The lack of white teachers in black schools and black teachers in white schools cannot be inadvertent or attributable to their place of residence, as in the case of children. When transfer privileges are applied unequally, when attendance areas are not clearly defined and boundary lines are shifted in such a manner as to keep the races apart, segregation cannot successfully be passed off as the incidental result of a neighborhood school policy. Opposition to bussing does not gain respectability by being verbalized as solicitude for the Negro child who might have to be bussed. This court has neither seen nor heard any evidence to indicate that transporting a Negro child to a desegregated school is more hazardous than transporting white children away from one. For many years, millions of children in rural districts and pupils with severe handicaps have withstood the “hardship” of long bus rides. Clearly, the important consideration from every point of view is not the trip in the yellow bus but the quality and composition of the school at the end of it. Bussing costs money, to be sure, but the hidden costs of discrimination run much higher. They are incalculable in terms of the waste of human resources that occurs when schools award eighth grade diplomas to Negro students with a sixth grade reading level and a man-sized burden of frustration. Not only for the sake of the individual student but for the maintenance of American democracy, free public education must be free of bias as well as free of charge. Desegregation is a very small down payment on an investment whose dividends are good citizenship, justice and the welfare of the nation. The time is long past when school boards can be permitted to shirk their full responsibility and fail to eliminate discriminatory practices without the necessity of a court order. The court is of the opinion that the objections of the United States of America to the Kennedy School desegregation proposal should be sustained, and that the permanent relief sought by the plaintiff should be granted, based on the entry of its Findings of Fact and Conclusions of Law hereinbefore and as hereafter set forth in this memorandum of decision. There will be an order providing that the objections filed on November 22, 1968 by the United States of America to the Kennedy School desegregation proposal submitted by the defendants on October 30, 1968, be and the same hereby are sustained and that the defendants, their agents, officers, employees and successors and all those in active concert and participation with them, be and they are permanently enjoined from discriminating on the basis of race or color in the operation of School District 151 and in the assignment of teachers and students to schools in that district. As set out more particularly in the body of the decree being entered by the court today, the defendants shall' take affirmative action to disestablish school segregation and eliminate the effects of prior unlawful conduct in the operation of the school system. In accordance with the provisions of Rule 52 of the Federal Rules of Civil Procedure, findings of fact and conclusions of law are included in this memorandum of decision together with the court’s order. FINDINGS OF FACT (1) School District 151 is an elementary public school district organized and existing under the laws of the State of Illinois. It is located in Cook County, Illinois, and consists of portions of the communities of Phoenix, Harvey, and South Holland. The District has a total area of about 4.5 square miles (Answer, para. 3; Gov’t Exs. C-5; P-4; E-2, p. 6; E-8, p. 1). (2) Dr. Thomas Van Dam is. Superintendent of School District 151. Richard Graf, Hannes Johnson, Louis Wiersma, Gerald Bennett, James Hendrix, Robert Zielenga and Hobart Krillic are the members of the Board of Education of School District 151. Under the laws of the State of Illinois, the members of the Board of Education and the Superintendent are charged with the responsibility of operating the public schools in District 151 (Answer of June 3, 1968, para. 6; Answers of December 19,1968). Dr. Charles Watts was the Superintendent of School District 151 from about July 1,1967 to August 16, 1968 (Tr. 736 (Watts); Gov’t Ex. AAA, p. 2). Eli Bogolub was a member of the Board of Education of School District 151 from 1964 until April of 1968, during which time he served one year, as Board secretary and three years as Board president. (Tr. 506-7). (3) The following table lists the schools located in School District 151, the dates of their initial utilization, and their locations. Schools Date of Initial Use Location Roosevelt 1931 320 E. 161st Place, S. Holland Coolidge 1933 155th St. and 7th Ave., Phoenix Madison 1957-58 157th St. and Orchid Dr., S. Holland Eisenhower 1960-61 16001 Minerva Ave., S. Holland Taft 1966-67 163rd Street and Union, Harvey Kennedy 1966-67 155th St. and 8th Ave., Phoenix (Gov’t Exs. C-5; D-18, pp. 3, 13; D-19, pp. 10,12) Through the end of the 1967-68 school year, the Roosevelt, Madison, Eisenhower and Taft Schools served grades kindergarten through eight; the Kennedy School served grades kindergarten through three; and the Coolidge School served grades four through eight. (Gov’t Exs. C-5, CC, p. 4) The Kennedy and Coolidge Schools are separate buildings located adjacent to each other. (Gov’t Exs. C-5, P-4) (4) During the 1968-69 school year, in accordance with this Court’s order of July 22, 1968, the Roosevelt, Madison, Eisenhower and Taft Schools serve grades kindergarten through six; the Kennedy School serves grades kindergarten through two; and the Coolidge School serves all seventh and eighth grade students in District 151. Students in grades three through six residing in Phoenix attend the Roosevelt, Madison, Eisenhower and Taft schools (Supplementary Order, July 22, 1968; Gov’t Ex. CC). (5) Approximately 98 percent of the residents of Phoenix are Negroes. (Tr. 153 (Kingsland); Tr. 367-8 (Watkins)) The part of Phoenix in School District 151 is bounded on the north by 151st Street, on the west by Halsted Street, on the south by the Grand Trunk Railroad tracks and 155th Street, and on the east by 9th Avenue and Van Drunen Road (Gov’t Ex. P-4) No Negroes reside in any area of School District 151 other than in Phoenix. (Tr. 175 (Kings-land) ) (6) Prior to the 1968-69 school year, no Negro student attended the Madison or Eisenhower Schools; no Negro student attended Roosevelt School during the regular school year, but Negroes attended summer school sessions at Roosevelt; and no Negro student attended the Taft School, except for approximately ten mentally handicapped students, during the 1967-68 school year. (Tr. 154-157 (Kingsland); Tr. 289 (McGovern)) Mentally handicapped students are assigned to schools without regard to residence. (Tr. 289 (McGovern)) (7) In 1948, the enrollment of the Coolidge School was approximately 70 percent white. (Tr. 151, 155 (Kings-land)) As of the 1956-57 school year, and thereafter, through the end of the 1967-68 school year, the enrollment of the Coolidge School was almost entirely Negro. (Tr. 296 (McGovern); Tr. 155 (Kingsland)) The enrollment of the Kennedy School has been almost entirely Negro for 1966-67,1967-68 and 1968-69, the three school years of its operation. (Tr. 158 (Kingsland); Tr. 290-1 (McGovern)); Supplementary Order, July 22, 1968) During the 1967-68 school year, there were approximately 10 or 12 white children in the Coolidge and Kennedy Schools, some of whom were mentally handicapped children assigned without regard to residence. (Tr. 289-290, 296 (McGovern); Tr. 748-9 (Watts)) (8) Total regular student enrollment in District 151 schools was approximately as follows at the dates indicated: Nov ember-December, 1968 May, 1968 483 Coolidge 425 313 Kennedy 392 429 Roosevelt 447 383 Madison 442 519 Eisenhower 626 341 Taft 308 2468 Total 2640 (Gov’t Ex. CC, pp. 1,4)- Faculty and Staff Assignment (9) When George Kingsland became Superintendent in School District 151 in 1948, all teachers in the District were white. (Tr. 151, 160 (Kingsland)) The first Negro teacher in School District 151 was Huel Gwin, who was employed at the Coolidge School for the 1953-54 school year. (Tr. 313, 315 (McGovern); Gov’t Ex. D — 12, p. 4) During the 1964-65 school year, a Negro music teacher and a Negro permanent substitute teacher taught in all schools in the District. These teachers were the first Negro teachers assigned to teach in School District 151 in schools other than Coolidge. (Tr. 180-1, 186-7 (Kingsland); Tr. 294 (McGovern); Gov’t Exs. F-3, p. 56; F-4, p. 1; O-1(a), pp. 6-9 (McGovern)) (10) Before the 1966-67 school year, no full-time Negro classroom teacher was employed in the Roosevelt, Madison, Eisenhower or Taft Schools. (Tr. 292-3 (McGovern); 163-5 (Kingsland); Gov’t Ex. R) One Negro classroom teacher was employed in each of these schools on a full-time basis for the 1966-67 school year (Tr. 292-3 (McGovern); 163-5 (Kingsland); Gov’t Ex. R), as the result of a decision by the Board of Education to have one Negro teacher for each of these schools for that year. (Tr. 192-3 (Kingsland); Tr. 521-3 (Bogolub)) Two Negro classroom teachers were employed at the Roosevelt, Eisenhower and Taft Schools for the 1967-1968 school year and one at the Madison School. (Gov’t Ex. J-1, pp. 2-3) (11) The number of full-time teachers, by race, employed at each of the schools in the District for the school terms 1953-54 to 1968-69 is shown on the following table: Faculty Year School White Negro Race Unknown 1953- 54 Roosevelt 12 0 0 Coolidge 7 1 1 1954- 55 Roosevelt 15 0 0 Coolidge 8 2 1 1955- 56 Roosevelt 17 0 0 Coolidge 9 3 0 1956- 57 Roosevelt 18 0 0 Coolidge 9 5 0 1957- 58 Roosevelt 20 0 0 Coolidge 6 9 0 Madison 6 0 0 1958- 59 Roosevelt 19 0 0 Coolidge 6 12 0 Madison 13 O' ~ 0 1959- 60 Roosevelt 19 0 0 Coolidge 2 17 0 Madison 16 0 0 1960- 61 Roosevelt 19 0 0 Coolidge 0 22 0 Madison 16 0 0 Eisenhower 8 0 0 1961- 62 Roosevelt 20 0 0 Coolidge 0 25 0 Madison 17 0 0 Eisenhower 9 0 0 1962- 63 Roosevelt 21 0 0 Coolidge 0 26 0 Madison 17 0 0 Eisenhower 17 0 0 1963- 64 Roosevelt 23 0 0 Coolidge 0 25 0 Madison 16 0 0 Eisenhower 14 0 0 1964- 65 Roosevelt 24 0 0 Coolidge 1 28 0 Madison 17 0 0 Eisenhower 16 0 0 Faculty Year School White Negro Race Unknown 1965- 66 Roosevelt 14 0 0 Coolidge 1 12 0 Madison 14 0 0 Eisenhower 12 0 0 Kennedy 0 10 0 Taft 5 0 0 1966- 67 Roosevelt 16 1 0 Coolidge 0 16 0 Madison 16 1 0 Eisenhower 17 1 0 Kennedy 0 15 0 Taft 8 1 . 0 1967- 68 Roosevelt 17 2 0 Coolidge % 21 0 Madison 18 1 0 Eisenhower 19 2 0 Kennedy % 18 0 Taft 12 2 0 1968- 69 Roosevelt 13 3 0 Coolidge 17 10 0 Madison 10 5 0 Eisenhower 12 6 0 Kennedy 4 7 0 Taft 10 7 0 (Gov’t Exs. R; FFF, pp. 29-34) (12) The following table shows the number of vacancies in teaching positions at schools in School District 151 for each school year from 1953-54 to 1967-68 and the racial composition of the teachers filling these vacancies: Vacancies or New Positions at Predominantly White Hired Vacancies or New Positions at Predominantly Negro Hired Year Schools W N Schools W N 1967-68 32 29 3 10 1 9 1966-67 35 31 4 11 0 11 1965-66 22 22 0 13 0 13 1964-65 12 12 0 4 1 3 1963-64 18 18 0 2 0 2 1962-63 23 23 0 6 0 6 1961-62 19 19 0 6 0 5 1960-61 21 21 0 5 0 5 1959-60 9 9 0 9 1 8 1958-59 11 11 0 5 1 4 1957-58 12 12 0 5 1 4 1956-57 4 4 0 5 3 2 1955-56 3 3 0 5 2 3 1954-55 2 2 0 2 1 1 1953-54 4 4 0 _1_ JL_ Total 227 220 89 12 77 (Gov’t Ex. R) (13) During the period from September 5, 1967, through February 8, 1968, the defendants assigned substitute teachers on the basis of race. Approximately 75 percent of the total assignments given to Negro substitute teachers were to the predominantly Negro Coolidge and Kennedy Schools. Of substitute assignments made to predominantly white schools, 91 percent went to white teachers. (Gov’t Ex. S) (14) The racial composition of the faculties at the schools of School District 151 in the period from the 1953-54 school year through and including the 1967-68 school year was the result of a deliberate decision by the defendants and their predecessors in office to assign teachers to schools on the basis of race./ With few exceptions, white faculty members were employed for and assigned on the basis of their race to schools attended only or almost entirely by white students. Negro faculty and staff members were generally employed for and assigned on the basis of their race to schools attended only, or almost entirely by Negro students (Gov’t Exs. G-1, pp. 184-7; Q-1 through Q-5; R; S; Tr. 178-191, 246, 250-51 (Kingsland); Tr. 301-305, 307-9, 311-12 (McGovern); Tr. 518-523 (Bogolub); Tr. 694-695 (Gesell); Tr. 1438-9 (Gowens)). (15) The assignment policy summarized in paragraph 14 was responsible, in part, for the fact that the schools in District 151 became racially identifiable. The racial composition of the faculties at the Coolidge and Kennedy Schools contributed to making them “Negro schools.” The racial composition of the faculties of the Roosevelt, Madison, Eisenhower and Taft Schools contributed to making them “white schools.” School Bus Transportation Practices (16) Beginning in the 1940’s and continuing until the opening of the Taft School for the 1966-67 school year, white children living in the Harvey Highlands area of District 151 and in the area bounded by Halsted Street on the west, Route 6 on the south and the Grand Trunk Railroad tracks on the northeast were bussed to the Roosevelt School (Tr. 196-7, 200-2 (Kingsland); Gov’t Exs. E-1 through E-7; Finding 5). These two areas are located closer to the Coolidge School than to the Roosevelt School (Gov’t Exs. P-3, P-4). During the period of this bussing, only white children attended the Roosevelt School, and the enrollment of the Coolidge School became progressively more Negro in character until it was almost entirely Negro (Findings 6 and 7). The bussing of these children to the Roosevelt School in-, stead of the Coolidge School was not jus-1' tified by any safety factor (Tr. 280 (Kingsland); Tr. 963-4 (Watts); Gov’t Exs. P-3, P-4). (17) Beginning no later than the start of the 1956-57 school year, and continuing through the 1967-68 school year, white children living in the general area of District 151, east of Phoenix, north of Robin Lane and west of the Little Calumet River, and on the portion of Wabash Street located at the north central boundary of the District, an area closer to the Coolidge and Kennedy Schools than to the Roosevelt School, were transported by bus to the Roosevelt School (Tr. 202-17 (Kingsland); Tr. 744-8 (Watts); Gov’t Exs. E-1 through E-9; T-1; T-2; T-3; Finding 6). The following table shows the number of students so transported for all school years from 1960-61 to 1967-68, with the exception of 1962-63: Year Number Students Bussed 1960- 61 35 1961- 62 37 1963- 64 33 1964- 65 53 1965- 66 59 1966- 67 67 1967- 68 83 (Gov’t Exs. E-2; E-3; E-7; E-8; E-9; T-l; During the period of this transportation, the enrollment of the Roosevelt School was all-white and that of the Coolidge School, and after its construction the E-5; T-2; E-6; T-3). Kennedy School, almost entirely Negro (Findings 6 and 7). The transporting of these children to the Roosevelt School instead of the Coolidge and Kennedy Schools was. not justified by any safety factor (Tr. 279 (Kingsland); Tr. 744-8; 964 (Watts); Gov’t Exs. P-3; P-4). (18) Some of the white children bussed to the Roosevelt and Taft Schools (Findings 16 and 17) lived less than 11/2 miles from those schools (Gov’t Exs. E-2, p. 1; E-3, p. 10; E-4, p. 1; E-5, p. 3; E-6, p. 1; E-7, p. 1; E-8, p. 1; E-9, p. 29), and were provided school bus transportation for safety reasons. (Gov’t Exs. P-3, P-4; Tr. 840-850 (Watts). Although safety reasons have been given as the basis for not assigning white children to the Coolidge and Kennedy Schools (Gov't Ex. F-6, pp. 19-23), no bus service was provided to those schools for white children before the 1968-69 school year. (Tr. 196-7, 200-217, 279-80 (Kingsland); Tr. 963-4 (Watts); Findings 5, 6, 7, 16 and 17; Gov’t Exs. E-1 through E-9). (19) In District 151, prior to the 1968-69 school year, with the exception of special education students, no white children were bussed to the Coolidge or Kennedy Schools and no Negro children to the Roosevelt, Taft, Madison and Eisenhower Schools (Tr. 289-91 (McGovern); Findings 5, 6, 16, 17, 18 and 19). (20) The purpose and effect of that program of school bus transportation referred to in Findings 16 through 19 was to segregate the students of School District 151 on the basis of race and color (see also Tr. 747-9, 963-4 (Watts)). Site Selection and School Construction (21) In February 1964, a referendum was held in School District 151 on a proposal presented by the Board of Education for the construction of a school in the southwest portion of the district. (Gov’t Ex. F-3, pp. 23-5.) The residents of the district were informed that this school would be attended by the “overflow” from the Roosevelt and Coolidge Schools and that it would, therefore, serve Negro and white students. (Gov’t Exs. F-3, p. 2; O-2(a), pp. 4-5 (Graf)). There was considerable opposition to a school in this proposed location among residents in the southwest part of the District on grounds that it would be integrated. (Gov’t Exs. F-3, pp. 14, 16, 18-19; O-2(a), pp. 7-9, 11-12 (Graf)). The proposal was defeated in the referendum. (Gov’t Ex. F-3, pp. 31-2). In April 1964, after four new board members had been elected (Gov’t Ex. O-2(a), pp. 14-15 (Graf)), the majority of Board members believed that the sentiment of the district opposed desegregated schools and that the voters of District 151 would not aprove a referendum for facilities which would, because of their location, result in integration of students. The Board accordingly proposed, among other things, the construction of two schools, one in the far southwest part of the district and the other as an addition to the existing, almost entirely Negro Coolidge School (Tr. 515-6 (Bogolub); Tr. 785-6 (Watts); Tr. 386 (Watkins); Tr. II 2052-3 (Graf); Gov’t Exs. O-2(a), pp. 13-19, 23-26 (Graf); F-4, p. 30; GGG, p. 2). At a referendum held on December 5, 1964, the proposal containing, among other things, these specific locations passed. The schools which were constructed pursuant to this authorization were the Kennedy and Taft Schools (Tr. 508, 517 (Bogolub)). (22) Prior to the referendum of December, 1964, during the period in which the Board of Education was considering possible locations for the construction of new facilities, Mr. L. K. Watkins, a Negro Board member, suggested utilization of a site in South Holland, south of 151st Street and east of 9th Avenue. (Tr. 377-86 (Watkins); Gov’t Ex. F-4, p. 29). A school in this location would probably have been integrated because of residential patterns in the area. (Tr. 377-86 (Watkins); Gov’t Ex. O-2(a), pp. 24-6; T—1, T-2, T-3; Finding 5). The opinion of a majority of Board members, that the voters would not support a referendum for a school which would be integrated, was a substantial factor in the decision not to accept the site proposed by Mr. Watkins. (Tr. 377-86 (Watkins); Tr. 510-515 (Bogolub); Tr. 785-6 (Watts); Tr. II 2052-3 (Graf); Gov’t Exs. O-2(a), pp. 24-5 (Graf); GGG, p. 2; Finding 21). (23) The sites for the Taft and Kennedy Schools were selected at least in 5>art so as to promote and preserve the racial segregation of students in School District 151. The construction of these schools had this effect. Attendance Zones (24) There was no written statement of the attendance zone boundaries for District 151 schools, prior to a Resolution adopted on October 5, 1964 (Tr. 205-6, 219-221 (Kingsland); Tr. 405 (Watkins); Gov’t Exs. O-2(a), pp. 53-4 (Graf); F-4, pp. 27-8). The boundaries were again placed in written form on September 9, 1966, at the time of the opening of the Taft and Kennedy Schools (F-6, pp. 27-8). (25) Beginning in the 1920’s and continuing until about 1947, some white children living in School District 151 in South Holland on 153rd Street (also known as 157th Street) between State Street (also known as Indiana Avenue) and 9th Avenue, and on State Street nearby, attended the Phoenix School and, after its opening in about 1933, the Coolidge School (Tr. 457-458 (Watkins); Tr. 720-7 (Tromp); Gov’t Exs. A-22; B-1; B-2; B-3). The area in which these children lived is located closer to the Coolidge School than to the Roosevelt School (Gov’t Exs. P-3; P-4; T-1; T-2; T-3). (A) In the period between the 1920’s and 1945, children of Peter and Anna DeYoung who resided on 153rd Street, as specified above, attended the Phoenix and Coolidge Schools (Tr. 721, 725 (Tromp); Gov’t Exs. A-22, pp. 30-1, 32-3, 88-9, 113-4, 115-6; B-1). (B) In the period between the 1930’s and 1947, children of Harry and Anna Ravesloot who resided on 153rd Street, as specified above, attended the Phoenix and Coolidge Schools (Tr. 721, 726 (Tromp); Gov’t Exs. A-22, pp. 34-5, 36-7, 84-5, 98-9, 115-6, 117-8, 127-8; B-2). (C) In the period between the 193Q’s and 1947, children of Richard and Cora Eylander, who resided on 153rd Street, as specified above, attended the Coolidge School (Tr. 723, 726 (Tromp); Gov’t Exs. A-22, pp. 30-1, 36-7, 76-7, 92-3, 117-8; B-3). (D) Within the time period specified in this Finding, Herbert DeYoung whose residence was located on State Street about 300 feet south of 153rd Street attended school in Phoenix (Tr. 721-2, 725-6 (Tromp)). (26) In the period between the 1930’s and 1947, children of Joe and Christiana Tromp, whose residence was located in South Holland on the north side of 151st Street, at the northern terminus of 9th Avenue, attended the Coolidge School. (Tr. 718-9, 727 (Tromp); Gov’t Exs. A-22, pp. 13-14, 88-9, 92-3, 100-1, 103-4, 109-10; B-4). (27) The home of Jasper Tromp, a former member of the Board of Education of School District 151, is located in South Holland, a short distance east of the corner of 151st Street and 9th Avenue (Tr. 202-3 (Kingsland); 728-9 (Tromp)). Diane and Joe Tromp, children of Jasper Tromp, attended the Coolidge School from 1949 and 1954, respectively, until January 4, 1956 and September 4, 1956, respectively (Gov’t Ex. Q-6), at which time they transferred to the Roosevelt School (Gov’t Ex. Q-6; Tr. 202-6, 281). The Tromp residence was located within walking distance of the Coolidge School (Tr. 204 (Kingsland)). Diane and Joe Tromp were bussed to the Roosevelt School (Tr. 206 (Kingsland)). Jasper Tromp was a member of the Board of Education of District 151 at the time of. his children’s transfer (Tr. 258 (Kingsland)). The Tromp children were white (Finding 6). (28) During the 1956-57 school year, Mrs. Iola Toler, a Negro resident of Phoenix, and several other Negro residents of Phoenix attempted to enroll children at the Roosevelt School in South Holland. They were not permitted to register the children. (Tr. 702-705 (Toler)). (29) The Court finds, based upon the evidence summarized below, that beginning no later than the start of the 1956-57 school year and continuing through the 1967-68 school year, an increasing number of white children who lived in South Holland east of Phoenix attended the Roosevelt School despite the fact that the area in which they lived was closer to Coolidge, and later Coolidge and Kennedy; no safety factor justified assigning them only to Roosevelt, some could have walked to Coolidge and Kennedy and children from the same general area had previously attended Coolidge. ' (A) Beginning no later than the 1956-57 school year and continuing through the 1967-68 school year, white children residing in South Holland, east of Phoenix, west of the Little Calumet River and north of Robin Lane, and on the portion of Wabash Street located at the north central boundary of District 151, an area located closer to Coolidge than Roosevelt, attended the Roosevelt School to which they were bussed (Finding 17). The number of children attending the Roosevelt School from this area was approximately as follows for the years specified: 1960- 61 : 35 1965- 66 : 59 1961- 62 : 37 1966- 67 : 67 1963- 64 : 33 1967- 68 : 83 1964- 65 : 53 (Finding 17) For the 1964-65, 1965-66, 1966-67 and 1967-68 school years, children from the area referred to above attended the Roosevelt School in accordance with attendance zones adopted by Resolution of the Board of Education of School District 151 (Gov’t Exs. F-4, pp. 27-8; F-6, 27-8). (B) The children referred to in Paragraph (A) were Diane and Joe Tromp (Finding 27); Jerry Tromp, another child of Jasper Tromp who attended the Roosevelt School from 1960 through the 1967-68 school year (Tr. 206-9 (Kingsland); Tr. 723, 727 (Tromp); Gov’t Exs. E-2, p. 14; E-9, p. 20); children who lived on 153rd Street (also known as 157th Street) between Ninth Avenue in Phoenix and State Street (Gov’t Exs. E-5, pp. 5, 12, 15, 16; E-6, pp. 6, 13, 16, 18; E-7, pp. 5, 16, 18; E-8, pp. 3, 6, 7; E-9, pp. 5, 6, 7, 9, 10, 12, 14, 15, 17, 21; T-1; T-2; and T-3); a street referred to in Finding 25; and other children from the same general geographical area of School District 151, as described above (Tr. 725-6 (Tromp); Gov’t Exs. E-2 through E-9; P-3; P-4; T-1; T-2; T-3). (C) No safety factor justified assignig the children referred to in Paragraphs (A) and (B) only to the Roosevelt School (Gov’t Exs. P-3, P-4; Tr. 744-9, 963-4 (Watts); Tr. 279 (Kingsland)). Some of these children could have walked to the Coolidge School. This group of children included the three Tromp children referred to in Finding 27 and Paragraph (B) above (Tr. 204, 208-9 (Kingsland); Gov’t Exs. P-3, P-4). It also included children living on 153rd Street (also known as 157th Street) between 9th Avenue in Phoenix and State Street, referred to in (B) above, who walked to State Street to board a bus for a trip of about 1.25 miles to the Roosevelt School (Tr. 210-12 (Kingsland); Gov’t Exs. P-3; P-4; T-1; T-2; T-3). In the period between 1960-61 and 1967-68, three children named Schippers, whose home is located on 153rd Street about six-tenths of a mile from Coolidge and Kennedy, attended Roosevelt (Gov’t Exs. E-2, p. 20; E-3, p. 3; E-5, p. 15; E-6, p. 16; E-7, p. 16; E-8, p. 6; E-9, pp. 5, 21; T-1; T-2, p. 7; T-3). The Schippers children walked about the same distance east on 153rd Street to board the bus for Roosevelt, as they would have walked west on that street on their way to Coolidge and Kennedy, had they been assigned to those schools. (Gov’t Exs. T-1; T-2, p. 7; T-3). (30) Beginning in the 1940’s and continuing until the opening of the Taft School for the 1966-67 school year, white children living in the Harvey Highlands area of District 151 and in the area bounded by Halsted Street on the west, Route 6 on the south and the Grand Trunk Railroad tracks on the northeast attended the Roosevelt School to which they were transported by bus (Tr. 196-7, 200-2 (Kingsland); Gov’t Exs. E-1 through E-7; Finding 5). These two areas are located closer to the Coolidge School than to the Roosevelt School (Gov’t Exs. P-3, P-4). During the period, only white children attended the Roosevelt School, and the enrollment of the Coolidge School became progressively more Negro in character until it was almost entirely Negro (Findings 6 and 7). The attendance of these children at the Roosevelt School instead of the Coolidge School was not justified by any safety factor (Tr. 280 (Kingsland); Tr. 963-4 (Watts); Gov’t Exs. P-3, P-4). For the 1964-65 and 1965-66 school years, the children from the area specified above attended the Roosevelt School in accordance with attendance zones adopted by Resolution of the Board of Education of School District 151 (Gov’t Ex. F-4, pp. 27-8). (31) The attendance zone boundaries adopted by Resolution of the Board of Education of School District 151 on October 5, 1964, and September 6, 1966, placed in the attendance area for the Coolidge School (1964) and the Coolidge and Kennedy Schools (1966) all of Phoenix, but no other area of School District 151 in which residences are located. (Gov’t Exs. F-4, pp. 27-8; F-6, pp. 27-8; P-3). (32) The attendance zone boundaries adopted on September 6, 1966, referred to in Finding 31, followed a written recommendation to the Board of Education by a Committee of three Board members, Richard Graf, Thomas Mulhern and Hannes Johnson, who studied boundaries in connection with the opening of the Taft and Kennedy Schools (Gov’t Ex. F-6, pp. 11, 19-23, 27-8). The Committee Report stated in part: “It was agreed that the philosophy of the Board in determining boundaries was to have all children in the district attend a neighborhood school to which they could walk safely. A. A neighborhood was construed to be a specific area of like socio-economic level, local in nature, larger than the narrow confines of a block, but still not a community in the larger sense defined by Webster.” (Gov’t Ex. F-6, p. 19) The members of the Committee believed that Phoenix, whose residents were about 98 percent Negro, was a distinct socioeconomic area in School District 151, and the boundaries which they recommended were in part based upon the opinion that distinct socio-economic areas should be in separate attendance zones (Gov’t Exs. F-6, pp. 21-2; GGG; O-3 (a), pp. 27-35 (Graf); Tr. II 2115-7 (Johnson); Finding 5). The recommendations of the Committee were also in part based upon an intention to promote and perpetuate the racial segregation of students in School District 151 (Tr. 571-3, 525-6 (Bogolub); Tr. 749 (Watts). See also Tr. 192-3 (Kingsland); Tr. 377-86 (Watkins); Tr. 510-17, 521-3 (Bogolub); Tr. 747-9, 783-6, 796, 798-800 (Watts); Tr. 1368-9 (Graf); Tr. II 2052-3 (Graf); Tr. II 2115-7 (Johnson) ; Gov’t Exs. F-6, pp. 19, 21-2; GGG; O-2(a), pp. 13-19, 23-6 (Graf); O-3(a), pp. 27-35, 44-49 (Graf)). (33) The Committee Report, referred to in Finding 32, recommended including in the attendance zone for the Roosevelt School the area east of Phoenix, located closer to the Coolidge and Kennedy Schools than to Roosevelt, in which only white children lived, and transporting these children by bus to the Roosevelt School (Gov’t Ex. F-6, p. 23; Finding 29). This recommendation was adopted (Findings 31 and 32). This portion of the Committee recommendation was based in part upon an analysis of available class room space in District 151 schools, including Coolidge and Kennedy, for 1966-67, based upon enrollment information (Gov’t Ex. F-6, p. 21). The Report failed to note that there would be, based upon the information utilized, at least 5 empty rooms at Coolidge and/or Kennedy in 1966-67 (Gov't Exs. F-6, p. 21; L-3, pp. 4-5). Considering these rooms, and rooms available at Coolidge and/or Kennedy during the 1967-68 school year, there was adequate space at Coolidge and Kennedy for the 67 white children in 1966-67 and 83 white children in 1967-68, living closer to those schools than Roosevelt, but assigned to the Roosevelt School (Finding 29; Gov’t Ex. L-3, pp. 4-5; Tr. II 249-50 (Crarey)). A second basis advanced by the Committee for the assignment of white children to Roosevelt instead of Coolidge and Kennedy was that, under Illinois law, state reimbursement for regular student transportation is limited to children transported more than iy2 miles to school (Gov’t Ex. F-6, p. 20). Under the attendance zones recommended by the Committee, adopted by the Board, white children were transported by bus less than 1 y2 miles to the Roosevelt School (Gov’t Ex. E-8, pp. 3-8), and for 1966-67, 116 of 285 students transported by bus in District 151 were transported less than iy2 miles to school (Gov’t Ex. E-8, p. 1). Other white children in School District 151 have been transported less than 1 y2 miles to school (Finding 18). (34) The purpose and the effect of the student assignment policies and practices summarized in Findings 24 to 33 were 'to segregate students in School District 151 on the basis of race. Educational Structure of School District 151 (35) In February 1967, following a study requested by the Board of Education of School District 151, a team of five educators recommended institution of an upper grade center program for the District, proposing use of the Taft facility. (Gov’t Ex. H-1, pp. 9-11; Tr. 764-5) The recommendation with respect to Taft was based in part on the view that it was not yet fully completed and could be modified. (Tr. 1468-69 (Hannum)). During 1967, the five final candidates for the superintendency of School District 151, filled in July 1967 by Dr. Charles Watts, expressed the opinion that establishment of an upper grade center program would improve the quality of education in School District 151. (Tr. 765-6 (Watts)). (36) In early 1968 Superintendent Charles Watts presented to the Board of Education of School District 151 for consideration three proposals for new construction and/or reorganizing the structure of District 151 schools (Gov’t Ex. L-3; Tr. 759-61 (Watts)). Plan A provided for construction at the Madison and Eisenhower Schools and retention of existing attendance areas (Gov’t Ex. L-3, p. 4). Plan B provided for the creation of an upper grade center for all eighth and some seventh grade students at the Roosevelt School, some modification of attendance areas and some construction at the Eisenhower and Madison Schools (Gov’t Ex. L-3, p. 6). Plan C provided for the use of the Coolidge School as an upper grade center for all seventh and eighth grade students in the District with students from Phoenix in grades three through six assigned to the Taft, Roosevelt, Madison and Eisenhower Schools (Gov’t Ex. L-3, p. 8). Plan C, as initially proposed, provided for some construction at the Madison and Eisenhower Schools, but such construction was not necessary for its implementation (Gov’t Ex. L-3; Tr. 564-5 (Bogolub); 976 (Watts)). Plan D, later considered by the Board, provided for modification of the Eisenhower, Roosevelt and Taft attendance zone boundaries (Tr. 761-2 (Watts)). Dr. Watts’ recommendation that Plan C be adopted and implemented was based upon his opinion that establishment of the upper grade center at Coolidge would permit some improvement of curriculum for seventh and eighth grade students, within the same financial structure, and also permit alleviation of overcrowding at the Eisenhower School (Tr. 738-44, 749-50, 757-778, 977, 981 (Watts)). Dr. Watts’ recommended use of Coolidge was based, in part, on the fact that it was the only school in District 151 large enough to house all seventh and eighth grade students (Tr. 978-9 (Watts); Gov’t Ex. L-3). Plan C was educationally the most sound of the proposals considered (Tr. 738-44, 749-50, 757-778, 977, 981 (Watts). See also Tr. 1463-8, 1473-5 (Hannum); Tr. II 130-40, 207-11 (Coffin); Tr. II 745-8, 785-7 (Hubbard); Gov’t Ex. L-3). (37) During the period in which Plans A through D were considered, all Board members agreed in principle on the educational desirability of an upper grade center program (Tr. 780-1 (Watts)). The approval of Plan D in February of 1968 was rescinded later in February (Tr. 764 (Watts)). A substantial factor in the Board’s failure to adopt Plan C was the members’ reflection of the community sentiment hostile to the desegregation which would result from that Plan (Tr. 530-36 (Bogolub); Tr. 783-5, 796, 798-800 (Watts); Gov’t Exs. 0-3(a), pp. 44-49 (Graf); 0-8(a), pp. 34-43 (McGee). See also Tr. 192-3 (Kingsland); Tr. 377-86 (Watkins); Tr. 510-7, 521-23, 571-73 (Bogolub); Tr. 747-9, 785-6, 963-4 (Watts); Tr. 1104-9 (Wiersma); Tr. 1368-71 (Graf); Tr. II 2052-3, 2057-8 (Graf); Gov’t Exs. 0-2(a), pp. 13-19, 23-26 (Graf); 0-3 (a), pp. 27-35 (Graf); 0-6(a) (Watts); 0-7(a), pp. 10-12 (Watts); F-6, pp. 19, 21-2, GGG; V). (38) The principal purpose of the decisions of the defendants with respect to the educational structure of District 151 was to segregate the students on the basis of race and color; and that was the effect. Policies and Practices Regarding Student Assignment (39) As a result of the actions of the defendants and their predecessors specified in paragraphs 16 through 38, public school students in District 151 have been segregated on account of race. As a result of these actions, the Coolidge and Kennedy Schools have been established and are identifiable as “Negro” schools, because of the racial composition of their student bodies, and the Roosevelt, Madison, Eisenhower and Taft Schools have, because of the racial composition of their student bodies, become established and identifiable as “white” schools. Safety and Convenience of Parents and Students (40) The Court finds, upon the basis of the evidence summarized in Findings 41 through 48, that in School District 151, having an area of approximately 4.5 square miles, neither the method of student assignment in effect during the 1968-69 school year, nor the level of school bus transportation, has caused, or need cause in the future, any unusual problems of safety or inconvenience for parents or students (Finding 1; See also Gov’t Ex. HHH; Tr. II 94-5, 101-14, 189-97 (Coffin)). (41) The preponderance of the credible evidence is that transporting to school by bus children in grades kindergarten to eight has no educationally detrimental effect (Tr. II 101-7, 113-4, 189-90, 99-100 (Coffin); Gov’t Ex. HHH; Tr. II 241-3 (Crarey)), and that children who go to school by bus may be safer, and less exposed to weather conditions than children who walk (Tr. II 106, 113 (Coffin); Tr. II 244-5 (Crarey); Tr. II 1420-23 (Byrd); See also Gov’t Ex. EEEE). White children in grades one through eight in District 151 have been bussed to the Roosevelt School since at least the 1960-61 school year (Gov’t Ex. E-2, 17-21), and to the Taft School since it opened for the 1966-67 school year (Finding 3; Gov’t Ex. E-8, pp. 9-15). White kindergarten children have been bussed to the Taft and Roosevelt Schools in District 151 since the start of the 1966-67 school year (Gov’t Ex. E-8), when kindergarten classes were first offered in the District (Gov’t Exs. A-16, A-17). There was no evidence that bussing has had any detrimental effect on any of the white children, referred to in Findings 16 through 19, transported to school by bus in District 151 prior to or during the 1968-69 school year. (42) In transporting children in District 151 to school by bus from the 1940’s to the present, and other children to schools in neighboring districts from prior to 1940 to the present, the Van Der Aa Brothers Bus Company has experienced few accidents, and student-riders no serious injuries (Tr. II 378-81, 383-5, 403 (Van Der Aa)). During the 1968-69 school year, the Van Der Aa Company operates 68 buses and transports approximately 10 to 12 thousand students per day to the schools which it serves (Tr. II 378-80 (Van Der Aa)). Considering this experience, and Finding 41, and the fact that of those students transported to school by bus during the 1968-69 school year who would have walked to school under the attendance plan in effect during the 1967-68 school year, most would have crossed one or more streets in walking to school, some of which are heavily travelled (Gov’t Ex's. P-4; Tr. II 113 (Coffin): EE, Tr. II 405 (Van Der Aa)), the Court finds no evidence of any additional safety problems resulting from the transportation of' additional students in District 151 during the 1968-69 school year. (43) Since the beginning of the 1968-69 school year, there has been no problem of lateness of the school buses serving District 151 (Tr. II 399-400 (Van Der Aa); Tr. II 242-3 (Crarey); Tr. II 428 (Gray)). The confusion in school bus transportation service at the beginning of the 1968-69 school year could have been avoided, and can be avoided in future years, if lists of students to be transported are furnished the bus company earlier than they were for the 1968-69 school year, as is normally done (Tr. II 398-9 (Van Der Aa)). There is some evidence that school bus transportation can improve tardiness problems (Tr. II 190 (Coffin)), and that it has among Phoenix students attending the Roosevelt School in 1968-69, compared to previous years at Coolidge and Kennedy (Tr. II 428-9 (Gray)). (44) Discipline problems are no greater at Coolidge in 1968-69 than during 1967-68 (Tr. II 260 (Crarey)). While there was some evidence that discipline problems at the Madison School are greater during 1968-69 than 1967-68 (Tr. II 1154 (Schmidt)), and greater at Taft School during 1968-69 than at Eisenhower School during 1967-68 (Tr. II 1245-6, 1259 (Hamilton)), the evidence does not establish that systemwide in District 151 discipline problems are any greater in volume in 1968-69 than 1967-68. (45) Many school districts have “sack lunch” programs (Tr. II 111-13 (Coffin); Tr. II 1028-9 (Kuster)), such as exists in School District 151. District 151 schools do not have specially designed lunch rooms or cafeterias (Tr. II 434-5 (Gray); Tr. II 1176-8 (Schmidt); Tr. II 1243-4 (Hamilton)). The lunch program in District 151 in 1968-69 is similar to the lunch program in effect before 1968-69 for students who ate at school (Tr. II 1176-8 (Schmidt) ; Tr. II 1270-1 (Hamilton)). (46) Parent participation in the Coolidge PTA is better in 1968-69 than it was during 1967-68, and the level of participation by white and non-white parents is relatively about the same (Tr. II 257-8 (Crarey)). There was some evidence that participation of Phoenix parents in the Roosevelt School PTA is relatively slightly less this year than it was in prior years at the Coolidge and Kennedy Schools (Tr. 433-4 (Gray)), and that a relatively small number of parents from Phoenix are participating in the PTA programs at the Madison and Taft Schools during 1968-69 (Tr. II 1162 (Schmidt); Tr. II 1258 (Hamilton)). Meetings of PTA’s for the schools located outside of Phoenix could periodically be scheduled at the Coolidge or Kennedy Schools to encourage participation by Phoenix parents (Tr. 110-11 (Coffin)). (47) In one class, participation of Phoenix parents in the first parent-teacher conference at the Roosevelt School during 1968-69 was relatively somewhat less than at Coolidge and Kennedy during previous years (Tr. 430-1 (Gray)). It would be feasible to schedule some parent-teacher conferences for parents of Phoenix children attending the Taft, Roosevelt, Eisenhower and Madison Schools at the Coolidge and Kennedy Schools to facilitate additional participation by Phoenix parents (Tr. 431-3 (Gray)). (48) No showing was made that during the 1968-69 school year there is any problem in sending children home during the school day because of illness, different from or greater than in previous years under the previous system of student assignment; inability to contact parents and other designated persons, not distance of homes from schools, has been the" basis of problems experienced (Tr. II 1202-3 (Schmidt); Tr. II 1418-19 (Byrd); Tr. II 1745-51 (Ford); Tr. II 435-6 (Gray)). The evidence does not establish that prior to or during the 1968-69 school year there has been a problem in District 151 in sending home during the school day because of illness, or the soiling of clothes, the white children, referred to in Findings 18-18, who were bussed to the Taft and Roosevelt Schools. Present Structure of System (49) The curriculum for seventh and eighth grade students in School District 151 during the 1968-69 school year is improved in the areas of French, art and music, compared with 1967-68 (Tr. II 251 (Crarey); Tr. II 1120-1, 1133 (Brown); Tr. II 1989-91 (McGovern); Tr. II 2321-2 (Van Dam)). The science room at the Coolidge School was destroyed by fire in March or April of 1968 (Tr. II 2134 (Weirsma)). Upon completion of the rehabilitation of this room, it will be superior in terms of facilities and equipment to all other science rooms in District 151 (Tr. II 2314 (Van Dam); Tr. II 2134-5, 2159 (Weirsma)). It would be comparatively more difficult for all seventh and eighth grade students in District 151 to use this facility if they were distributed among five separate attendance centers (Tr. II 1008-9 (Kuster); Tr. II 1706-7 (Olmsted)). Completion of this room has been delayed several times during the 1968-69 school year (Tr. II 1993 (McGovern); Tr. II 2135 (Weirsma)). The library materials for seventh and eighth grade students were consolidated at the Coolidge School for the 1968-69 school year (Tr. II 1134 (Brown); Tr. II 1217-8 (Koelikamp)). (50) In the future, District 151 will be able to make improvements in the curriculum for seventh and eighth grade students and the educational materials, including library materials, available for those grades more efficiently and economically because all students in these grades are attending the Coolidge Upper Grade Center instead of five separate attendance centers (Tr. II 745-8, 785-7 (Hubbard); Tr. II 140 (Coffin); Tr. II 269-70 (Crarey); Tr. II 1706, 1709-11 (Olmsted); Tr. II 2315-7 (Van Dam)). If at some future time, District 151 constructs a building specially designed for an upper grade center, the transition to a program at that school will be easier because a program has been commenced at the Coolidge School (Tr. II 1038 (Kuster); Tr. II 1711-12 (Olmsted)). (51) On the basis of the comparison of the programs offered seventh and eighth grade students in District 151 during the 1967-68 and 1968-69 school years (Finding 49), the comparative advantages in making further improvements in the educational program for seventh and eighth graders because of the reorganization (Finding 50) and the weight of expert opinion to the effect that operation of an upper grade center program, contrasted to the dispersal of such students at five separate schools, is desirable in terms of both economic and educational factors (Tr. 1463-6, 1473-5 (Hannum); Tr. II 130-140, 207-11 (Coffin); Tr. II 963-5, 1006-7, 1076 (Kuster); Tr. II 1689-90, 1706, 1709-11 (Olmsted); Tr. II 745-8, 785-7 (Hubbard); Gov’t Ex. H-1, pp. 9-10), the Court finds that the operation of the Coolidge Upper Grade Center has been educationally of benefit to School District 151. (52) The Coolidge School has 25 regular classrooms, two basement rooms and a gymnasium (Gov’t Ex. L-3, pp. 4-5). The Taft School, the next largest facility in the District, has 21 classrooms, two of which are specially designed for kindergarten purposes, and a gymnasium (Gov’t Ex. L-3). The Coolidge School is the only facility in School District 151 large enough to house the type of program for seventh and eighth grade students being conducted at that school during the 1968-69 school year, without the addition of portable classrooms (Tr. II 249 (Crarey); Tr. 11 2313-4 (Van Dam)). The Coolidge School building is not an ideal one for an upper grade center program because it does not have certain special facilities designed for such a program (Tr. II 2250-52, 2256 (Van Dam)). Such special facilities generally do not exist in District 151 (Tr. II 1999-2010 (McGovern); Tr. II 2314-21 (Van Dam); Tr. II 2546-55 (Golden); Gov’t Exs. AAAA-25-7, 29-40). A leaky roof at the Taft School has been a continuing problem since that school opened (Tr. II 2049-50 (Fox); Tr. II 1268-69 (Hamilton)).' The Coolidge School physical facility was considered “adequate and suitable” for a junior high school program by Robert G. Hayes, Assistant Cook County Superintendent of Schools (Tr. II 2365-72 (Hayes); Gov’t Exs. CCCC-1, p. 2). Mr. Hayes is in charge of. school building inspections for the suburban area of Cook County, including the program for determining the “adequacy and efficiency” of school facilities under Sec. 3-14.21 of the Illinois School Code (Tr. II 2342-44). In view of the total student enrollment in District 151, the number of available classrooms in the six schools, and the number of teachers, it would be necessary to use the Coolidge School at the present time regardless of the pattern of school organization in District 151 (Gov’t Exs. L-3; CC, p. 1; DD). (53) The Court finds no basis for the statement “The District has had to spend $38,000 beyond its personnel budget to hire the extra teachers needed to move the upper grade center — twenty-four classroom teachers, an Assistant Principal, a Counselor and Principal (27 teachers)” in the Report dated September 9, 1968, prepared by Superintendent Van Dam, and submitted to the Court (Gov’t Ex. EEE, p. 2). A comparison in corresponding budget categories (502.11, 502.12, 502.13, 502.17 and 503.1) of the amount allocated for faculty and staff in the working papers of Superintendent Van Dam prepared in November of 1968 (Gov’t Ex. KK, pp. 1, 4-5) and the defendants’ Answer Two to interrogatories submitted in December of 1968 (Gov’t Ex. FFF, 28-34) with the amounts allocated in the District 151 budget adopted on July 8, 1968, two weeks before-the Court directed implementation of portions of “Plan C” (Gov’t Exs. AAA, pp. 41, 45; JJ, pp. 1, 4-5) shows increased expenditures of approximately $13,400, as of the preparation of the later documents. A portion of this increase resulted from increasing on September 23, 1968, by about $2,000 a principal’s salary (Gov’t Exs. F-8, p. 39; AAA, pp. 111, 113), and the hiring on December 4, 1968, of a Title I librarian for the Coolidge School at a salary of $4,608 (Gov’t Ex. FFF, p. 29), neither of which actions was required by the Court order of July 22, 1968. The Court finds that the remaining amount is not attributable to the Court order of July 22, 1968, based upon the following facts: (A) The July 22 order required no specific number of faculty and staff members at Coolidge, and more particularly did not require that the Coolidge School operate with a pupil-teacher ratio of 1/23.7 to which the September 9 Report refers (Gov’t Ex. EEE, p. 2). (B) The evidence shows that through August 16, 1968, it was consistently planned to implement the July 22 order within the limitations established by the budget adopted on July 8, 1968, with a staff of 25 at Coolidge (Gov’t Exs. AA, p. 84; AAA, pp. 9-10; BBB, pp. 7-8; CCC, pp. 4-5), and that subsequent to August 16, 1968, about seven teachers were employed for Coolidge (FFF, p. 29). (54) Prior to the filing of this action there were serious limitations in the educational program offered in School District 151 (Tr. 811-814 (Watts)). Particular problems existed in the program for the upper grades of the system (Tr. 742-3 (Watts)). Financial Aspects (55) Many school districts in Illinois are experiencing financial problems with respect to their Educational Funds because of the relative inadequacy of sources of additional revenue, compared with increasing costs (Tr. II 743-44, 773-5 (Hubbard)). School District 151 was experiencing such problems prior to the entry of this Court’s orders of July 8 and July 22, 1968 (Tr. 809-813 (Watts)). (56) District 151 will lose a total of approximately $70,000 in general state assistance to its Educational Fund in the period from January 1969 through July of 1969,' as a result of a loss of enrollment and average attendance at the start of the 1968-69 school year (Tr. II 1471-6 (Wyandt); Tr. II 732 (Hubbard); Gov’t Ex. WW). In an application for financial assistance under Title V of the National Defense Education Act, Superintendent Van Dam wrote the following with respect to the loss of enrollment: “The fact is that the district has lost about $88,000 in ADA because of the integration — parents not wanting to integrate, transferred over 300 children out of the district” (Gov’t Ex. NN, p. 6; Tr. II 1475). The Court concludes, based upon this statement, the evidence of community hostility to desegregation (Gov’t Exs. GGG, V; F-3, pp. 14, 16, 18-19; O-2(a), pp. 7-9, 11-12, 13-19, 23-26 (Graf); O-3(a), pp. 44-49 (Graf); O-6 (a) (Watts); O-7 (a), pp. 10-12 (Watts); Tr. 370-1, 386 (Watkins); Tr. 510-7, 530-6 (Bogolub); Tr. 783-5, 791-2, 795, 796, 798-800 (Watts); 1104-9 (Weirsma); 1368-71 (Graf); Tr. II 1263-4, 1327-8, 1340-1 (Hamilton)), and the many transfers to parochial schools (Gov’t Exs. FFF, pp. 9-26; VV), that a significant portion of the loss of enrollment of about 180 students in District 151 from the end of the 1967-68 school year to December of 1969 (Gov’t Ex. CC, pp. 1, 4), resulting in the loss of state aid mentioned above, was based upon community hostility to the desegregation resulting from the Court’s orders of July 8 and 22, 1968. (57) Such problems as District 151 may experience during 1969 or 1970 with respect to the financial position of its Educational Fund would have been delayed less than one month had the $70,000 in state assistance, referred to in Finding 56, not been lost (Tr. II 1476 (Wyandt)). The evidence establishes no Educational Fund expenditure required for implementation of the Order of July 22, 1968, during the 1968-69 school year, greater than would have been necessary under the previous pattern of school organization (See Finding 53). (58) The defendants presented at the trial testimony of two witnesses, Owen Wyandt, Treasurer for the schools of Thornton Township, including District 151, and G. Alvin Wilson, and an exhibit, relating to the position of the District 151 Education Fund as of approximately March 1, 1970, about 13 months after their testimony (Tr. II 1460-2 (Wyandt) ; Tr. II 1607-8. (Wilson); D Ex. 64). The evidence, including the testimony of Dr. Ben Hubbard, advisor to the Illinois School Problems Commission, and an expert on Illinois School finance law (Tr. II 503, 495-501 (Hubbard); Gov’t Ex. QQQ), establishes that such projections involve considerable speculation because of the large number of variables which will ultimately determine the Educational Fund’s position as of that time (Tr. II 764-6, 768 (Hubbard); Tr. II 1472, 1493 (Wyandt)). These include the following: (A) Whether the District’s assessed valuation to be determined in about March of 1969 and March of 1970 increases at the average rate of the past five years, 5.5 percent (Tr. II 1494, 1508-9 (Wyandt)). (B) An increase in the amount of general state assistance to District 151 in the period commencing in August, 1969, including an increase in the level of state assistance (Tr. 703, 732, 775 (Hubbard); Tr. II 1472-3 (Wyandt); Gov’t Ex. WW). (C) The passage of one, two or three referenda providing for twenty-one cent increases in the educational tax rate of District 151 (Tr. II 2230-32 (Van Dam); Tr. II 1462 (Wyandt)). (D) Enrollment in September of 1969 (Tr. II 732-3 (Hubbard)). (E) Adjustments in the level of Educational Fund expenditures for the period starting July 1, 1969, the next budget year, resulting from decreased enrollment in District 151 or otherwise (Tr. II 741-2 (Hubbard); Tr. II 979-80 (Kuster); Tr. II (Wyandt); Gov’t Ex. JJ, p. 1). The Court finds its conclusion as to the speculative nature of such projections buttressed by the varying figures utilized by defendants’ two witnesses, Messrs. Wyandt and Wilson, including the level of expenditures (Tr. II 1487-8, 1524 (Wyandt); D Ex. 64), assessed valuation (Tr. II 1448, 1522 (Wyandt); Tr. II 1627 (Wilson)), monthly state assistance (T