Citations
- 455 F. Supp. 569
Full opinion text
REMEDIAL ORDER
BATTISTI, Chief Judge.
In its Remand Opinion entered today, this Court reconsidered and elaborated upon its findings of August 31,1976 in light of Dayton Board of Education v. Brinkman, 433 U.S. 406, 97 S.Ct. 2766, 53 L.Ed.2d 851 (1977), and other recent United States Supreme Court decisions. Today’s Opinion reaffirms the August 31, 1976 findings that defendants (City and State) discriminated against plaintiffs by numerous acts and omissions, the purpose and effect of which were to foster and maintain a segregated dual school system; that these numerous constitutional violations had systemwide impact entitling plaintiffs to a systemwide remedy; and that both the City and State defendants are constitutionally liable for having maintained a de jure segregated public school system. This Order is addressed to remedying that condition and restoring plaintiffs to substantially the position they would have occupied had these violations not occurred.
As stated in the Remand Opinion, the finding of systemwide de jure segregation mandates a comprehensive, systemwide plan of desegregation which eliminates the systematic pattern of schools substantially disproportionate in their racial composition to the maximum extent feasible. Milliken v. Bradley, 418 U.S. 717, 94 S.Ct. 3112, 41 L.Ed.2d 1069 (1974). Recognizing that “[sjchool authorities have the primary responsibility for elucidating, assessing, and solving these problems,” Brown v. Board of Education, 349 U.S. 294, 299, 75 S.Ct. 753, 756, 99 L.Ed. 1083 (1955) (emphasis added), the Court ordered the defendants to prepare a desegregation plan which would satisfy this mandate. To aid the Court in evaluating the proposals, a Special Master and two experts were appointed, on September 14, 1976 and December 3, 1976 respectively. In addition, on December 7, 1976, the Court provided the defendants with Instructions and Guidelines. (Appendix A)
On February 10, 1977, the Court requested the United States Attorney General to intervene in this action to assist in formulating and implementing an appropriate remedy. The Attorney General declined to intervene as a party, but at his suggestion, on March 28, 1977, the United States of America, through the Attorney General, was designated to appear and participate in this action as amicus curiae.
The Cleveland and State defendants filed their proposed plans on January 18, 1977. On February 10, 1977 the Court rejected the Cleveland defendants’ initial plan because it failed to comply with either the August 31, 1976 order or the December 7, 1976 guidelines. The Cleveland defendants were, therefore, ordered to submit another plan. On February 25, 1977 the Cleveland defendants filed their second proposed plan. Amendments to the second plan were filed on March 31, 1977 and April 18, 1977. On May 13, 1977, Cleveland defendants filed a third proposed plan to replace those previously filed.
In a May 27, 1977 report, the Special Master recommended that the faculty and staff of the Cleveland system be desegregated by September 19, 1977. That recommendation was adopted and implementation was effected as ordered. That Order, entered June 3, 1977, is attached as Appendix B and is incorporated herein as a part of the remedy in this case.
During June and July of 1977, the Special Master and the two Court-appointed experts held hearings on the State’s proposed plan and the Cleveland defendants’ third proposed plan. These lengthy hearings included testimony from six Cleveland Board of Education administrative personnel, five Cleveland Board Members, three State Board of Education employees, one expert who assisted in the development of the State Board of Education’s desegregation plan, and one expert involved in the implementation of the Boston, Massachusetts desegregation plan.
Members of the general public were also invited to present testimony concerning recommendations for the final plan at public hearings before the Special Master, also in June and July of 1977. During the hearings, 41 representatives for 27 community organizations, a representative of the Cleveland Teachers Union, and five private individuals testified. In addition, a large number of written responses, containing supplemental information and recommendations, were made a part of the record of this case.
On October 27, 1977, the Special Master submitted recommendations which modified the State’s plan and the Cleveland defendants’ third plan where appropriate. The Special Master’s recommendations were based upon evidence developed at hearings, supplemental information and recommendations submitted by civic organizations and concerned citizens of the City, and additional data and information obtained from the Cleveland School Superintendent. The following topics, all addressed by the Special Master, will be discussed in this Order:
I. Student Assignments
II. Education Programs and other Ancillary Relief
A. Testing
B. Reading Programs
C. Counselling and Career Guidance
D. Magnet Schools and Programs
E. Cooperation with Universities, Businesses and Cultural Institutions
F. Extracurricular Activities
G. Staff Development and Student Training in Human Relations
H. Student Rights
I. School-Community Relations
III. Transportation
IV. Safety and Security
V. Defendants’ Ability to Implement Plan
A. Management Perspective
B. Financial Considerations
VI. State’s Role in Implementation
In many of these areas the Special Master recommended that the defendants be required to submit more detailed information and more specific remedial plans. Information regarding transportation plans and school closings, for example, had been requested from the defendants but has not yet been submitted in a completed form. As a result, certain parts of the desegregation plan, especially student assignments, will require some future modification.
The Court finds that the Master’s recommendations are sound and well-considered and substantially adopts them, with the few modifications described infra. This plan allows the greatest possible degree of actual desegregation in consideration of the practicalities. In making modifications, the Court has considered and applied the principles Judge DeMascio stated in Bradley v. Milliken, 402 F.Supp. 1096, 1102 (E.D.Mich. 1975):
[Although the resulting injury is great, the remedy devised should not inflict sacrifices or penalties upon other innocent children as punishment for the constitutional violations exposed. We must bear in mind that since those committing the grotesque violations are no longer about, any such punishment or sacrifices would fall upon the very young; it is the children for whom the remedy is fashioned who must bear the additional burdens.
I. STUDENT ASSIGNMENTS
The Cleveland defendants’ Third Plan, the State defendants’ plan, and the Master’s recommendations with respect to pupil assignments all employ techniques of contiguous and noncontiguous pairings and clusterings, boundary changes, grade structure changes, and feeder pattern changes to effectuate the desegregation of the Cleveland public school district. Given the geographic and residential structure of the City of Cleveland, the Court finds that these techniques are appropriate in this case. See Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1284, 28 L.Ed.2d 586 (1971).
In preparing his recommended assignments, the Master endeavored to follow as closely as possible and practicable the recommendations contained in the City defendants’ third plan. The reasoning behind his modifications to that plan are explained in his report of October 27, 1977 and in a special report by the Court-appointed expert, Gordon Foster, which is attached hereto as Appendix C.
The pupil assignments proposed by the Master have been formulated with a view towards accomplishing the complete desegregation of the Cleveland Public School System in the safest, most efficient, and most economical manner consistent with a sound educational program. They are administratively feasible and take into consideration practicalities such as time and distance factors. The Court finds those proposed assignments to be entirely reasonable and appropriate, and, with two significant exceptions, hereby adopts the same.
The first exception involves school closings. Both the State and Cleveland defendants’ plans call for the closing of certain schools and the reassignment of students therefrom. In their third plan, the Cleveland defendants proposed closing seven elementary schools and one junior high school. For purposes of preparing the pupil assignment plan, the Master assumed that only those eight schools would be closed. However, testimony before the Special Master at recent hearings indicated that the closings proposed in the plans are insufficient in number in light of the severe financial problems faced by the Cleveland School System, and, further, that these proposals were not made pursuant to any well-considered plan. Raymond Sepeta, Assistant Supervisor of the Division of Housing, Equipment and Supplies of the Cleveland Board of Education, testified that at the elementary level, there was approximately 25% — 33% excess capacity in the school facilities. (TR. 445) Closing only eight schools would only slightly reduce these excess capacity figures. It was evident, therefore, that the Cleveland defendants would find it financially necessary to close more than eight schools in 1978. In fact, the City defendants now indicate that between 15 and 30 schools may have to be closed. Closings in the midst of desegregation would of course cause incalculable interference with a carefully prepared plan of pupil reassignment. To avoid this problem, the Master, on September 30, 1977, recommended that the defendants be ordered to prepare a school closure study, and submit, on or before November 30, 1977, a school closing priority list based upon that study. The Court adopted that recommendation. On November 30, 1977, the Cleveland defendants filed a submission which was insufficient for reasons set forth in the Court’s Order of December 31, 1977. The school closure study and related school closing priority list is now overdue from the defendants. The delay has effectively obstructed the formulation of a final pupil assignment plan. When the study and priority list are submitted in the form specified in the December 21, 1977 Order, defendants shall effect the necessary school closings, subject to the Court’s approval, and submit a proposed pupil assignment plan which reassigns students in a nondiscriminatory manner.
Since the defendants have not presented the ordered school closing information, the Master’s pupil assignment plan will be modified to provide for reassignment of students without taking into consideration any school closings.
All further implementation planning shall be based upon this modified assignment plan. Any reduction in capacity effected in the district pursuant to further orders of this Court shall be accompanied by the reassignment of students from closed facilities in a desegregative manner to be approved by this Court.
The second exception to the Special Master’s recommendations relates specifically to the Collinwood cluster. In Collinwood, a responsible community organization has developed alternative remedial proposals which fall within the Court’s guidelines and appear to merit consideration.
The Collinwood Community Congress has communicated its recommendations on several occasions to the Special Master (e. g., March 10,1977 statement and December 12, 1977 letter). The Congress recommends that the following clusters be established for pupil assignment in the Collinwood area elementary schools:
1. P. Bellamy, O. H. Perry, and H. W. Longfellow;
2. H. Gibbons, W. Brett, and East Clark; and
3. Memorial, Euclid Park, and K. Clement.
The Congress also makes a number of additional recommendations concerning educational components of the plan.
The Collinwood area has been desegregated at the secondary levels for a number of years, and several fine community organizations have worked to assure the success of that desegregation effort. Many of these Collinwood community organizations presented testimony at the remedial hearings and alternative remedial plans. In view of the exemplary efforts of the Collin-wood community, the Master’s recommendations shall be modified to use the Collin-wood Community Congress’ recommendations. An exception is that the Iowa-Maple School will be included in the Collinwood cluster. (A part of the Iowa-Maple attendance zone is already in the Collinwood High School feeder pattern.) Appendix D illustrates how this is to be accomplished.
If before May 1, 1978, any responsible community organization should come forward with a viable alternative remedial proposal for a particular high school cluster which meets the Court’s guidelines, the Deputy Superintendent for Integration will consider the merits of such proposal and make a detailed report and recommendation to the Court.
Otherwise, student assignment will be as follows:
TABLE 1
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Collinwood
1. Enrolled Pupils Resident in Elementary Attendance Zones: September, 1977
Proposed Grades Schools Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
East Clark 76 620 36 656 94.5 582
Euclid Park 94 220 220 440 50.0 408
H. Gibbons 34 0 96 96 0.0 216
H. W. Longfellow 28 347 103 450 77.1 489
Iowa-Maple 451 6 457 98.7 744
K. W. Clement 4 373 5 378 98.7 366
Memorial 82 0 269 269 0.0 663
O. H. Perry 32 11 159 170 6.5 675
P. Bellamy (part of O. H. Perry zone) 96
Wm. H. Brett 77 1 326 327 0.3 588
2023 1220 3243 62.4 4827
2. Elementary School Assignments (estimated)
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 B -6 Capac 1-6
a. Euclid Park K-6 94 220 220 440 50.0 408 (no changes; 32 over capacity but Euclid Park enrollment is currently 533 pupils including Kindergarten)
b. H. W. Longfellow K-6 28 347 103 450 77.1 489
(no changes)
c. East Clark K-6 76 310 181 491 63.1 582
Wm. H. Brett K-6 77 311 181 492 63.2 588
(redraw boundary lines between two schools)
d. Iowa-Maple K, 1-3 82 231 141 372 62.1 744
Memorial K, 4-6 4 220 134 354 62.1 663
(pair Iowa-Maple and Memorial: kg. stay as assigned; all gr. 1-3 pupils to Iowa-Maple; all gr. 4-6 pupils to Memorial)
H. Gibbons K, 1-3 34 98 62 160 61.3 216
O. H. Perry — Bellamy K, 1-3 32 107 95 202 53.0 771
K. W. Clement K, 4-6 4 179 103 282 63.5 366
(group H. Gibbons, O. H. Perry and K. W. Clement: kg. stay as assigned; gr. 1-3 in Gibbons and Perry remain; gr. 1-3 Clement (.5) to Gibbons and (.5) to Perry; all gr. 4-6 pupils to Clement);
P. Bellamy considered an extension to O. H. Perry and separate attendance figures not given by defendants.
3. Junior High School Assignments (estimated)
Schools Proposed Grades Black 7-8 Other 7-8 Total 7-8 % B Canac
Spellacy 7-8 618 349 967 63.9 1080
East Clark 202 10 212
Euclid Park 52 50 102
H. Gibbons 0 40 40
H. W. Longfellow 99 41 140
Iowa-Maple K. W. Clement 162 97 3 1 165 98
Memorial 1 53 54
O. H. Perry — Bellamy 5 53 58
Wm. H. Brett 98 98
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Collinwood
4. Senior High School Assignment (estimated)
Schools Proposed Grades Black 9-12 Other 9-12 Capac
Collinwood 9-12 1166 622 1788 3345
East Clark 395 21 416
Euclid Park 51 78 129
H. Gibbons 0 76 76
H. W. Longfellow 193 52 245
Iowa-Maple 322 3 325
K. W. Clement 194 0 194
Memorial 2 96 98
O. H. Perry — Bellamy 9 72 81
Wm. H. Brett 224 224
5. Proposed Feeder Patterns
Elementary Junior High Senior High
Collinwood
TABLE 2
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan
High School Cluster Glenville-Lincoln West
1. Enrolled Pupils Resident in Elementary Attendance Zones: September, 1977
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
Buhrer 60 0 381 381 0.0 516
C. A. Roth 89 609 12 621 98.1 855
C. H. Lake 71 343 0 343 100.0 798
Chesterfield 49 421 1 422 99.8 408
Clark 65 0 373 373 0.0 543
Columbia 43 319 0 319 100.0 621
Forest Hill Parkway 76 381 0 381 100.0 489
Hazeldell 46 488 1 489 99.8 852
J. F. Landis 74 483 5 488 99.0 786
L. Pasteur 56 353 1 354 99.7 678
M. Standish 47 534 1 535 99.8 744
0. W. Holmes 31 391 1 392 99.7 867
Orchard 116 1 682 683 0.1 708
Park wood 57 378 4 382 99.0 516
Saekett 94 9 572 581 1.5 486
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Glenville-Lincoln West
1. Enrolled Pupils Resident in Elementary Attendance Zones: September, 1977 — (Cont’d)
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
Scranton 48 2 317 319 0.6 612
S. Howe 35 235 2 237 99.2 501
Walton 103 _1 650 651 0.2 720
4948 3003 7951 62.2 11700
2. Elementary School Assignments (estimated)
Schools Proposed Grades Kg and -Pro-Kg. Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
a. Scranton K, 1-3 48 208 187 395 52.7 612
Parkwood K, 4-6 57 172 134 306 56.2 516
(pair Scranton and Parkwood: kg. stay as assigned. All gr. 1-3 pupils to Scranton; all gr. 4-6 pupils to Parkwood)
b. Buhrer K, 1-3 60 269 191 460 58.5 516
Hazeldell K, 4-6 46 219 191 410 53.4 852
(pair Buhrer and Hazeldell: Hazeldell) kg. stay as assigned. All gr. 1-3 pupils to Buhrer; all gr. 4-6 pupils to
c. J. F. Landis K, 1-3 74 266 197 463 57.5 786
Clark K, 4-6 65 217 181 398 54.5 543
(pair J. F. Landis and Clark: kg. stay as to Clark) assigned. All gr. 1-3 pupils to Landis; all gr. 4-6 pupils
Sackett K, 1-2 94 381 200 581 65.6 486
C. H. Lake K, 3-6 71 228 124 352 64.8 798
Forest Hills K, 3-6 76 245 124 369 66.4 489
Parkway
O. W. Holmes K, 3-6 31 270 124 394 68.5 867
(group Sackett, C. H. Lake, Forest Hills Parkway, and O. W. Holmes: kg. stay as assigned. All gr. 1-2 pupils to Sackett; all gr. 3-6 pupils in Lake, Forest Hills Pkwy., and Holmes stay as assigned; gr. 3-6 pupils in Sackett (y3) to Lake, (i/3) to Forest Hills Pkwy., and (y3) to Holmes; Sackett 95 over capacity but enrollment is currently 655 pupils including kindergarten)
Columbia K, 1-4 43 219 137 356 61.5 621
L. Pasteur K, 1-4 56 253 138 391 64.7 678
M. Standish K, 1-4 47 373 182 555 67.2 744
Walton K, 5-6 103 362 195 557 65.0 720
(group Columbia, L. Pasteur, M. Standish, and Walton: kg. stay as assigned. All gr. 5-6 pupils to Walton; all gr. 1-4 in Columbia, Pasteur, and Standish stay as assigned; gr. 1-4 pupils in Walton (.3) to Columbia, (.3) to Pasteur, and (.4) to Walton)
Orchard K, 1-2 116 433 276 709 61.1 708
C. A. Roth K, 3-6 89 • 405 213 618 65.5 855
Chesterfield S. Howe K, 3-6 K, 3-6 49 265 124 389 68.1 408 35 163 84 247 66.0 501
(group Orchard, C. A. Roth, Chesterfield, and S. Howe: kg. stay as assigned. All gr. 1-2 pupils to Orchard; all gr. 3-6 pupils in Roth, Chesterfield, and Howe stay as assigned; gr. 3-6 pupils in Orchard (.5) to Roth, (.3) to Chesterfield, and (.2) to Howe)
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Glenville-Lincoln West
3. Junior High School Assignments (estimated)
Schools Proposed Grades Black 7-9 Other 7-9 Total 7-9 % B Capac
a. Empire * 7-9 210 130 340 61.8 937
Parkwood 210 1 211
Scranton 0 129 129
b. Lincoln 7-9 248 ' m 481 51.6 1296
Buhrer 0 233 233
Hazeldell 248 0 248
c. Jefferson 7-9 898 546 1444 62.2 1593
C. A. Roth 293 0 293
Chesterfield 233 0 233
Clark 0 214 214
J. F. Landis 250 3 253
Orchard 0 328 328
S. Howe 122 1 123
d. Roosevelt 7-9 645 345 990 65.2 1404
Forest Hill Pkwy. 220 1 221
C. H. Lake 205 0 205
O. W. Holmes 214 0 214
Sackett 6 344 350
* Empire also assigned 318(B), 135(0), and 453 (total) in East Cluster.
e. Henry 7-9 657 330 987 66.6 1863
Columbia 201 0 201
L. Pasteur 175 0 175
M. Standish 280 0 280
Walton 1 330 331
4. Senior High School Assignment (estimated)
Schools Proposed Grades Black 10-12 Other 10-12 Total 10-12 _B_ Capac
Glenville 10-12 1143 593 1736 65.8 3522
Buhrer 0 210 210
Hazeldell (Lincoln JHS) 258 1 259
Clark 0 155 155
J. F. Landis (Jefferson JHS) 253 4 257
C. A. Roth 295 2 297
Chesterfield 236 0 236
Orchard 0 221 221
S. Howe (Jefferson JHS) 101 0 101
Lincoln West * 10-12 1450 630 2080 69.7 2407
Parkwood 205 4 209
Scranton (Empire JHS) 0 94 94
C. H. Lake 171 0 171
Forest Hill Parkway 240 1 241
O. W. Holmes 230 1 231
Sackett (Roosevelt JHS) 0 270 270
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Glenville-Lincoln West
4. Senior High School Assignment (estimated) — (Cont’d)
Schools Proposed Grades Black 10-12 Other 10-12 Total 10-12 B Capae
Columbia 180 0 180
L. Pasteur 137 1 138
M. Standish 284 1 285
Walton (Henry JHS) 3 258 261
Seniors would have the option of staying in presently assigned school; these figures are based on no pupils in grades 10-12 exercising that option.
* Lincoln West also assigned 280(B), 115(0), and 895 (total) from Eliot JHS in Kennedy-Rhodes Cluster.
5. Proposed Feeder Patterns
Elementary Junior High Senior High
Buhrer Hazeldell Clark J. F. Landis C. A. Roth Chesterfield Orchard — S. Howe Lincoln Glenville
Parkwood Lincoln West
TABLE 3
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Kennedy-Rhodes
1. Enrolled Pupils Resident in Elementary Attendance Zones: September, 1977
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
A. E. Stevenson 50 398 0 100.0 474
A. J. Rickoff 61 475 2 477 99.6 735
Beehive 53 490 2 492 99.6 573
B. Franklin 72 5 560 565 0.9 771
C. T. Brewer 43 274 1 275 99.6 420
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Kennedy-Rhodes
1. Enrolled Pupils Resident in Elementary Attendance Zones: September, 1977 — (Cont’d)
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
Cranwood 105 776 26 802 96.8 624
Dawning 30 0 171 171 0.0 270
Denison 101 0 539 539 0.0 771
East Denison 53 0 315 315 0.0 354
E. M. Williams 26 199 1 200 99.5 297
E. B. deSauze 32 228 0 228 100.0 462
Gilbert 75 0 470 470 0.0 492
Gracemont 54 409 0 409 100.0 582
Memphis 92 0 528 528 0.0 459
M. Twain (part of Memphis zone) 108
Miles 162 968 27 995 97.3 909
Milford 71 0 463 463 0.0 528
M. Cleaveland 126 809 6 815 99.3 735
R. Fulton 64 499 2 501 99.6 837
Wm. C. Bryant 70 0 351 351 0.0 450
Wm. R. Harper 30 _0 180 180 0.0 447
5579 3644 9223 60.5 11298
2. Elementary School Assignments (estimated)
Schools Proposed Grades Kg and Pre-Kir Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
B. Franklin K, 1-3 72 342 276 618 55.3 771
Dawning K, 1-3 30 145 88 233 62.2 270
Miles K, 4-6 162 486 394 880 55.2 909
(group B. Franklin, Dawning, and Miles: kg. stay as assigned. All gr. 4-6 pupils to Miles; all gr. 1-3 pupils in Franklin and Dawning stay as assigned; gr. 1-3 pupils in Miles (.7) to Franklin, (.3) to Dawning)
C. T. Brewer K, 1-3 43 125 97 222 56.3 420
Wm. R. Harper K, 4-6 30 149 84 233 63.9 447
(pair C. T. Brewer and Wm. R. Harper: kg. stay 4-6 to Harper) assigned. All gr. 1-3 pupils to Brewer and all gr.
East Denison K, 1-2 53 178 116 294 60.5 354
A. J. Rickoff K, 3-6 61 297 201 498 59.6 735
(pair East Denison and A. J. Rickoff: kg. stay as assigned. All gr. 1-2 pupils to East Denison and all gr. 3-6 to Rickoff)
R. Fulton K, 1-3 64 280 182 462 60.6 837
Wm. C. Bryant K, 4-6 70 219 171 390 56.2 450
(pair R. Fulton and Wm. C. Bryant: kg. stay as assigned. All gr. 1-3 pupils to Fulton and all gr. 4-6 to Bryant)
Cranwood K, 1-3 105 397 267 664 59.8 624
Milford K, 4-6 71 379 222 601 63.1 528
(pair Milford and Cranwood: kg. stay as assigned. All gr. 1-3 pupils to Cranwood and all gr. 4-6 pupils to Milford; Cranwood 40 over capacity, but enrollment is currently 898 pupils including kindergarten)
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Kennedy-Rhodes
2. Elementary School Assignments (estimated) — (Cont’d)
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
f. Gilbert K, 1-2 75 296 172 468 63.2 492
M. Cleaveland K, 3-6 126 519 304 823 63.1 735
(pair Gilbert and M. Cleaveland: kg. stay as assigned. All gr. 1-2 pupils to Gilbert and all Cleaveland. Cleaveland 88 over capacity, but enrollment is currently 894 including kindergarten) gr. 3-6 to
Denison K, 1-3 53 445 273 718 62.0 771
Beehive K, 4-6 53 245 135 380 64.5 573
E. B. deSauze K, 4-6 32 110 80 190 57.9 462
E. M. Williams K, 4-6 26 117 54 171 68.4 297
(group Denison, Beehive, E. B. deSauze, and E. M. Williams: kg. stay as assigned. All gr. 1-3 pupils to Denison; all gr. 4-6 pupils in Beehive, deSauze, and Williams stay as assigned; gr. 3-6 pupils in Denison (.5) to Beehive, (.3) to deSauze, and (.2) to Williams)
3. Junior High School Assignments (estimated)
Schools Proposed Grades Black 7-9 Other 7-9 Total 7-9 % B Capac
a. Eliot 7-9 683 359 1042 65.5 1053
East Denison 1 130 131
A. J. Rickoff 297 2 299
Milford 0 224 224
Cranwood 385 3 388
b. Jamison 7-9 516 299 815 63.3 1107
M. Cleaveland 516 5 521
Gilbert 0 294 294
c. Young 7-9 5616 427 993 57.0 1149
C. T. Brewer 152 0 152
Wm. R. Harper 0 133 133
A. E. Stevenson 206 0 206
Gracemount 208 0 208
Memphis-Twain 0 294 294
d. Mooney 7-9 840 673 1513 55.5 1647
B. Franklin 3 299 302
Dawning Miles 0 569 114 21 114 590
R. F. Fulton 268 0 268
Wm. C. Bryant 0 239 239
e. Lincoln 7-9 569 261 830 8.6 1296
Denison 0 256 256
Beehive 317 5 322
E. B. deSauze 113 0 113
E. M. Williams 139 0 139
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Kennedy-Rhodes
3. Junior High School Assignments (estimated) — (Cont’d)
Schools Proposed Grades Black 7-9 Other 7-9 Total 7-9 B Capac
Gracemount K, 1-4 54 289 178 467 61.9 582
A. E. Stevenson K, 1-4 50 258 177 435 59.3 474
Memphis K, 5-6 92 260 173 433 60.0 459
M. Twain (part of Memphis zone) 108
(group Gracemount, A. E. Stevenson, and Memphis (inch M. Twain): kg. stay as assigned. All gr. 5-6 pupils to Memphis; all gr. 1-4 pupils in Gracemount and Stevenson stay as assigned; gr. 1-4 pupils in Memphis (.5) to Gracemount and (.5) to Stevenson)
4. Senior High School Assignment (estimated)
Schools Proposed Grades Black 10-12 Other 10-12 Total 10-12 % B Capac
Kennedy 10-12 1292 935 2227 58.0 3980
B. Franklin 4 332 336
Dawning 0 95 95
Miles (Mooney JHS) 512 13 525
R. Fulton 226 1 227
Wm. C. Bryant (Mooney JHS) 0 297 297
Denison 0 193 193
Beehive 301 4 305
E. B. deSauze 107 0 107
E. M. Williams (Lincoln JHS) 142 0 142
Rhodes 10-12 1345 944 2289 58.8 2055
C. T. Brewer 142 0 142
Wm. R. Harper (Young JHS) 0 149 149
Milford 1 187 188
Cranwood (Eliot JHS) 346 3 349
M. Cleavland 446 1 447
Gilbert (Jamison JHS) 0 222 222
Gracemount 207 0 207
A. E. Stevenson 203 0 203
Memphis-Twain (Young JHS) 0 382 382
Lincoln West 10-12 280 115 395 70.9 2407
East Denison 0 114 114
A. J. Rickoff (Eliot JHS) 280 1 281
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Kennedy-Rhodes
5. Proposed Feeder Patterns
Elementary Junior High Senior High
B. Franklin E. M. Williams
East Denison____ — Eliot-Lincoln West A. J. Rickoff
C. T. Brewer Wm. R. Harper" Gracemount A. E. Stevenson' Memphis-Twain Milford _ Cranwood M. Cleaveland Gilbert Rhodes
TABLE 4
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster East Tech-South
1. Enrolled Pupils Resident in Elementary Attendance Zones: September, 1977
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
A. A. Beneseh 90 534 538 99.3 663
A. Grdina 59 457 465 98.3 894
Barkwill 37 0 285 285 0.0 327
C. W. Chesnutt 84 480 2 482 99.6 825
Dike 59 603 1 604 99.8 702
Fullerton 50 1 273 274 0.4 474
G. W. Carver 59 368 5 373 98.7 597
Giddings 59 304 0 304 100.0 678
Harvard 38 0 285 285 0.0 729
J. Burroughs 14 103 0 103 100.0 762
Longwood 110 492 5 497 99.0 486
Marion-Sterling 39 446 6 452 98.7 747
Miles Park 63 393 104 497 79.1 518
Mound 36 0 282 282 0.0 327
Quincy 11 167 0 167 100.0 447
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster East Tech-South
1. Enrolled Pupils Resident in Elementary Attendance Zones: September, 1977 — (Cont’d)
Proposed Grades Schools Kg and -Pr_e=Kg. Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
Tod 32 3 186 189 1.6 162'
Tremont 96 195 504 699 27.9 993
Union 57 0 294 294 0.0 465
Warner 69 0 331 331 0.0 639
W. Irving 73 449 0 449 100.0 612
Washington Park 28 0 124 124 0.0 162
Willow 33 8 211 219 3.7 339
Wooldridge 15 107 _0 107 100.0 435
5110 2910 8020 63.7 12983
2. Elementary School Assignments (estimated)
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
A. A. Benesch K, 1-3 90 319 139 458 69.7 663
Fullerton K, 4-6 50 216 138 354 61.0 474
(pair A. A. Benesch and Fullerton: kg. stay as assigned. All gr. 1-3 pupils to Benesch and all gr. 4-6 pupils to Fullerton)
b. Harvard K, 1-3 38 359 156 515 69.7 729
W. Irving K, 4-6 73 184 97 281 65.5 612
Quincy K, 4-6 11 73 32 105 69.5 447
(Group Harvard, W. Irving, and Quincy: kg. stay as assigned. All gr. 1-3 to Harvard; all gr. 4-6 in W. Irving and Quincy stay as assigned; gr. 4-6 pupils in Harvard (.25) to Quincy and (.75) to W. Irving)
c. Giddings K, 1-3 59 232 167 399 58.1 678
J. Burroughs K, 1-3 14 91 83 174 52.3 762
Tremont K, 4-6 96 279 254 533 52.3 993 (Group Giddings, J. Burroughs, and Tremont: kg. stay as assigned. All gr. 4-6 to Tremont; all gr. 1-3 in Giddings and J. Burroughs stay as assigned; gr. 1-3 pupils in Tremont (.3) to J. Burroughs and (.7) to Giddings)
d. Union K, 1-3 57 240 166 406 59.1 465
Marion-Sterling K, 4-6 39 206 134 340 60.6 747
(pair Union and Marion-Sterling: kg. stay as assigned. All gr. 1-3 pupils to Union; all gr. 4-6 pupils to Marion-Sterling)
G. W. Carver K, 1-3 59 202 77 279 72.4 597
Longwood K, 1-3 110 304 111 415 73.3 486
Warner K, 4-6 69 354 153 507 69.8 639
(Group G. W, Carver, Longwood and Warner: kg. stay as assigned. All gr. 4- pupils to Warner; all. gr. 1-3 pupils in Carver and Longwood stay as assigned; gr. 1-3 pupils in Warner (.4) to Carver and (.6) to Longwood)
f. Miles Park K, 6 63 104 497 79.1 518
' (no changes)
g. Barkwill K, 1-2 37 119 94 213 55.9 327
Tod K, 1-2 32 79 69 148 53.4 162
Dike K, 3-6 59 408 309 717 56.9 702
(Group Barkwill, Tod and Dike: kg. stay as assigned. All gr. 3-6 pupils to Dike; all gr. 1-2 pupils in Barkwill and Tod stay as assigned; gr. 1-2 pupils in Dike (.6) to Barkwill and (.4) to Tod)
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster East Tech-South
2. Elementary School Assignments (estimated) — (Cont’d)
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 1-Capac 1-6
C. W. Chesnutt K, 1-3 84 293 99 392 74.7 825
Wooldridge K, 1-3 15 47 24 71 66.2 435
Willow K, 4-6 33 255 90 345 73.9 339
(Group C. W. Chesnutt, Wooldridge and Willow: kg. stay as assigned. All grade 4-6 pupils to Willow; all gr. 1-3 pupils in Chesnutt and Wooldridge stay as asssigned; gr. 1-3 pupils in Willow (.2) to Wooldridge and (.8) to C. W. Chesnutt)
i. Mound K, 1-3 36 180 144 324 55.6 327
Washington Park K, 1-3 28 77 62 139 55.4 162
A. Grdina K, 4-6 59 200 208 408 49.0 894
(Group Mound, Washington Park and A. Grdina: kg. stay as assigned; all gr. 4-6 pupils to Grdina; all gr. 1-3 pupils in Mound and Washington Park stay as assigned; gr. 1-3 pupils in Grdina (.7) to Mound and (.3) to Washington Park)
3. Junior High School Assignments (estimated)
Schools Proposed Grades Black 7-9 Other 7-9 Total 7-9 i B Capac
a. Central 7-9 716 414 1130 63.4 1490
Burroughs 66 66
Giddings 179 0 179
Tremont 92 225 317
G. W. Carver 217 1 218
Longwood 161 4 165
Warner 1 184 185
b. Hart 7-9 485 250 735 66.0 1296
Quincy 88 0 88
Harvard 0 153 153
W. Irving 213 4 217
Miles Park 184 93 277
c. Herrick 7-9 373 251 624 59.8 932
Barkwill 0 164 164
Tod 1 87 88
Dike 372 0 372
d. Kennard 7-9 405 314 719 56.3 1023
A. A. Benesch 184 0 184
Fullerton 0 162 162
Marion-Sterling 221 2 223
Union 0 150 150
e. Rawlings 7-9 485 341 832 58.3 1350
Wooldridge 56 0 56
C. W. Chestnutt 190 3 193
Willow 3 112 115
Mound 0 166 166
Washington Park 0 65 65
A. Grdina 236 1 237
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster East Tech-South
4. Senior High School Assignments (estimated)
Schools Proposed Grades Black 10-12 Other 10-12 Total 10-12 % B Capac
East Tech 10-12 978 1623 60.3 2941
Quincy 81 0 81
Harvard 0 217 217
W. Irving (Hart JHS) 192 0 192
Burroughs 56 0 56
Giddings 161 0 161
Tremont (Central JHS) 41 130 171
Barkwill 0 145 145
Tod 0 85 85
Dike (Herrick JHS) 294 1 295
Miles Park (Hart JHS) 153 67 220
South 10-12 1121 771 1892 59.2 2581
A. A. Benesch 150 0 150
Fullerton (Kennard JHS) 1 162 163
Marion-Sterling 186 4 190
Union (Kennard JHS) 0 143 143
G. W. Carver 198 0 198
Longwood 126 6 132
Warner (Central JHS) 0 179 179
Wooldridge 51 0 51
C. Chestnutt 203 0 203
Willow (Rawlings JHS) 6 69 75
Mound 0 141 141
Washington Park 0 63 63
A. Grdina (Rawlings JHS) 200 204 Seniors would have option of staying in presently assigned schools; these figures are based on no pupils in grades 10-12 exercising that option.
5. Proposed Feeder Patterns
Elementary Junior High Senior High
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster East Tech-South
5. Proposed Feeder Patterns — (Cont’d)
Elementary Junior High Senior High
TABLE 5
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Adams-Marshall
1. Enrolled Pupils Resident in Elementary Attendance Zones: September, 1977
Schools Proposed Grades Kg and Pre-Ktr Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
A. Ward 65 18 328 346 5.2 366
Boulevard 79 501 6 507 98.8 435
Brooklawn 60 178 142 320 55.6 420
C. Dickens 92 566 2 568 99.6 729
Corlett 90 710 1 711 99.9 732
D. A. MacArthur 31 0 133 133 0.0 312
Garfield 50 9 235 244 3.7 354
G. Washington 59 0 231 231 0.0 270
Lafayette 77 529 8 537 98.5 615
Longmead 97 124 473 597 20.8 447
T. Johnson (part of Longmead zone) 216
L. Agassiz 93 3 359 362 0.8 447
Mt. Pleasant 99 642 2 644 99.7 744
N. Hawthorne 62 14 450 464 3.0 435
P. Revere 137 1,055 10 1,065 99.1 1,128
Puritas 95 61 356 417 14.6 609
Riverside 73 0 169 169 0.0 405
R. G. Jones 41 4 262 266 1.5 474
Valley View 43 0 206 206 0.0 270
V. Brobst 79 34 295 329 10.3 516
Woodland Hills 105 553 5,001 27 3,695 580 8,696 95.3 57.5 663 10,587
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Adams-Marshall
2. Elementary School Assignments (estimated)
Schools Proposed Grades Kg and Pre-Kp Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
R. G. Jones K, 1-3 41 278 125 403 69.0 474
Longmead K, 1-3 97 348 273 621 56.0 447
T. Johnson (part of Longmead zone) 216
P. Revere K, 4-6 137 557 347 904 61.6 1,128
(group R. G. Jones, Longmead, and P. Revere: kg. stay as assigned. All gr. 4-6 pupils to Revere; all gr. 1-3 pupils in Jones and Longmead stay as assigned: gr. 1-3 in Revere reassigned to Jones (.5) and Longmead (.5))
b. Brooklawn K, 1-6 60 178 142 320 55.6 420
(no change)
c. C. Dickens K, 1-4 92 379 298 677 56.0 729
N. Hawthorne K, 5-6 62 201 154 355 56.6 435
(pair C. Dickens and N. Hawthorne: pupils to Hawthorne) kg. stay as assigned. All gr. 1-4 pupils to Dickens and all gr. 5-6
Puritas K, 1-3 95 210 187 397 52.9 609
Valley View K, 1-3 43 114 113 227 50.2 270
Woodland Hills K, 4-6 105 292 287 579 50.4 663
(group Puritas, Valley View, and Woodland Hills: kg. stay as assigned. All gr. 4-6 pupils to Woodland Hills; all gr. 1-3 pupils in Puritas and Valley View stay as assigned; all gr. 1-3 pupils in Woodland Hills ■ (.6) to Puritas and (.4) to Valley View)
e. Boulevard K, 1-3 79 282 182 464 60.8 435
A. Ward K, 4-6 65 237 152 389 60.9 366
(pair Boulevard and A. Ward: kg. stay as assigned. All gr. 1-3 pupils to Boulevard and all gr. 4-6 pupils to Ward)
f. D. A. MacArthur K, 1-3 31 109 60 169 64.5 312
V. Brobst K, 1-3 79 277 172 449 61.7 516
Corlett K, 4-6 90 358 197 555 64.5 732
(group D. A. MacArthur, V. Brobst, and Corlett: kg. stay as assigned. All gr. 4-6 pupils to Corlett; all gr. 1-3 pupils in MacArthur and Brobst stay as assigned; gr. 1-3 pupils in Corlett (.7) to Brobst and (.3) to MacArthur)
g. Mt. Pleasant K, 1-3 99 339 311 650 52.2 744
Garfield K, 4-6 50 106 125 231 45.9 354
G. Washington K, 4-6 59 103 123 226 45.6 270
Riverside K, 4-6 73 103 78 181 56.9 405
(group Mt. Pleasant, Garfield, G. Washington, and Riverside; kg. stay as assigned. All gr. 1-3 pupils to Mt. Pleasant; all gr. 4-6 pupils in Garfield, Washington, and Riverside stay as assigned; gr. 4-6 pupils in Mt. Pleasant assigned (y3) to Garfield, (%) to Washington and (y3) to Riverside)
h. L. Agassiz K, 1-3 93 278 173 451 61.6 447
Lafayette K, 4-6 77 254 194 448-56.7 615
(group L. Agassiz and Lafayette: kg. stay as assigned, pupils to Lafayette) All gr. 1-3 pupils to Agassiz and all gr. 4-6
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Adams-Marshall
3. Junior High School Assignments (estimated)
Proposed Schools Grades Black 7-9 Other 7-9 Total 7-9 % B Canac
a. Hamilton 7-9 317 334 651 48.7 1,134
Puritas 25 213 238
Valley View 0 111 111
Woodland Hills 292 10 302
b. Shuler 7-9 419 283 702 59.7 1,150
Brooklawn 131 70 201
Boulevard 277 2 279
A. Ward 11 211 222
c. Westropp 7-9 458 294 752 60.9 1,080
D. A. MacArthur 0 133 133
V. Brobst 4 161 165
Corlett 454 0 454
d. Hale 7-9 647 427 1.074 60.2 1,467
R. G. Jones 0 182 182
Longmead 67 243 310
P. Revere 580 2 582
e. Baker 7-9 352 378 730 48.2 1,040
Mt. Pleasant 350 1 351
Garfield 2 121 123
G. Washington 0 163 163
Riverside 0 93 93
f. Wright 7-9 578 427 1.005 57.5 1,531
C. Dickens 312 1 313
N. Hawthorne 8 252 260
L. Agassiz 1 173 174
Lafayette 257 1 258
4. Senior High School Assignment (estimated)
Schools Proposed Grades Black 10-12 Other 10-12 Total 10-12 % B Capac
a. Adams 10-12 1.626 1.618 3.244 50.1 2,936
C. Dickens 322 1 323
N. Hawthorne (Wright JHS) 6 302 308
L.Agassiz 0 209 209
Lafayette (Wright JHS) 258 1 259
Boulevard 230 5 235
A. Ward (Schuler JHS) 8 216 224
D. A. MacArthur 140 140
V. Brobst 154 158
Corlett (Westropp JHS) 4 442
Mt. Pleasant 358 5 363
Garfield 0 195 195
G. Washington 1 255 256
Riverside (Baker JHS) 1 131 132
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Adams-Marshall
4. Senior High School Assignment (estimated) — (Cont’d)
Schools Proposed Grades Black Other 10-12 10-12 Total 10-12 % B Caoae
b. Marshall 10-12 1.044 892 1.936 53.9 3,092
Brooklawn (Schuler JHS) 113 78 191
R. G. Jones 1 206 207
Longmead 69 241 310
P. Revere (Hale JHS) 589 6 595
Puritas 11 235 246
Valley View 0 121 121
Woodlawn Hills (Hamilton JHS) 261 5 266
5. Proposed Feeder Patterns
Elementary Junior High Senior High
TABLE 6
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster East
1. Enrolled Pupils Resident in Elementary Attendance Zones: September, 1977
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 Capac 1-6
Case ' 55 21 318 339 6.2 774
D. E. Morgan 86 514 1 515 99.8 747
East Madison 34 165 117 282 58.5 504
Hicks 25 119 97 216 55.1 492
Hodge 61 187 212 399 46.9 513
J. D. Rockefeller 67 311 2 313 99.4 678
J. W. Raper 65 405 3 408 99.3 786
Kentucky 115 224 498 722 31.0 567
Wm. H. McGuffey (part of Kentucky zone) 189
P. L. Dunbar 47 340 342 0.6 459
Sowinski 105 583 27 610 95.6 531
Stanard Wade Park 19 62 78 383 80 2 158 385 49.4 99.5 486 789
Waverly 69 __2 450 452 0.4 366
2,994 2,147 5,141 58.2 7,881
2. Elementary School Assignments (estimated)
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
Case K, 1-3 55 184 191 375 49.1 774
Stanard K, 1-3 19 40 45 85 47.1 486
J. D. Rockefeller K, 4-6 67 186 164 350 53.1 678
(Group Case, Stanard, and J. D. Rockefeller: kg. stay as assigned. All gr. 4-6 to J. D. Rockefeller; all gr. 1-3 pupils in Case and Stanard stay as assigned; all gr. 1-3 in J. D. Rockefeller reassigned to Case)
East Madison K, 1-6 34 165 117 282 58.5 504
(no change)
Hicks (no change) K, 1-6 25 119 97 216 55.1 492
Hodge K, 1-6 61 187 212 399 46.9 513
(no change)
Sowinski K, 1-3 105 326 185 511 63.8 531
P. Dunbar K, 4-6 47 259 182 441 58.7 459
(pair Sowinski and P. to Dunbar) Dunbar: kg. stay as assigned. All gr. 1-3 pupils to Sowinski and all gr. 4-6 pupils
Waverly K, 1-2 69 245 178 423 57.9 366
J. W. Raper K, 3-6 65 284 139 423 67.1 786
Wade Park K, 3-6 62 261 138 399 65.4 789
(group Waverly, J. W. Raper and Wade Park: kg. stay as assigned, all gr. 3-6 pupils in Raper and Wade Park and stay as assigned; reassigned to Raper (.5) and Wade Park (.5); Waverly housing 452 gr. 1-6 pupils currently) All gr. 1-2 pupils to Waverly; all gr. 3-6 pupils in Waverly
D. E. Morgan K, 1-3 86 410 268 678 60.5 747
Kentucky-McGuffey K, 4-6 115 329 230 559 58.9 567
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster East
3. Junior High School Assignments (estimated)
Schools Proposed Grades Black 7-9 Other 7-9 Total 7-9 % B Capac
a. Willson 7-9 405 281 686 59.0 810
Stanard 72 52 124
Case 8 114 122
J. D. Rockefeller 178 1 179
East Madison 60 50 110
Hodge 87 64 151
b. Howells 7-9 439 315 754 58.2 945
Hicks 67 59 126
Kentucky-McGuffey 87 249 336
D. E. Morgan 285 7 292
c. Empire 7-9 318 135 453 70.2 937
Sowinski 318 12 330
P. Dunbar 0 123 123
d. King 7-9 479 231 710 67.5 1,274
Waverly 0 230 230
J. D. Raper 217 0 217
Wade Park 262 1 263
4. Senior High School Assignments (estimated)
Schools Proposed Grades Black Other 10-12 10-12 Total 10-12 %-B Capac
a. East 10-12 1.635 674 2.309 70.8 2,270
Stanard 84 30 114
Case 18 64 82
J. D. Rockefeller (Willson JHS) 144 2 146
East Madison (Willson JHS) 78 49 127
Hicks (Howells JHS) 50 38 88
Hodge (Willson JHS) 115 46 161
Sowinski 316 11 327
P. Dunbar (Empire JHS) 3 89 92
Waverly 1 188 189
J. D. Raper 229 3 232
Wade Park (M. L. King JHS) 236 2 238
61 151 212 Kentucky-McGuffey
(Howells JHS) 300 1 301 D. E. Morgan
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster East
5. Proposed Feeder Patterns
Elementary Junior High Senior High
TABLE 7
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Hay-West Tech
1. Enrolled Pupils Resident in Elementary Attendance Zones: September, 1977
Schools Proposed Kg and Grades Pre-Kg Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
Almira 101 4 568 572 0.7 621
A. Wayne 139 590 10 600 98.3 432
Bolton 94 488 5 493 99.0 789
C. Orr 57 265 2 ' 267 99.3 405
C. Attucks 30 270 18 288 93.8 651
Doan 37 269 2 271 99.3 609
Fruitland 22 8 167 175 4.6 216
Gordon 42 0 221 221 0.0 798
Halle 66 0 486 486 0.0 546
H. Rice 117 707 16 723 97.8 684
Lawn 60 0 394 394 0.0 501
L. M. Alcott 26 0 191 191 0.0 243
M. A. Ireland 53 350 4 354 98.9 810
M. C. Selzer M. B. Martin 84 66 7 383 495 0 502 383 1.4 100.0 693 732
M. M. Bethune 83 648 3 651 99.5 555
Rosedale (part of Bethune zone) 624
McKinley 73 0 362 362 0.0 459
Mt. Auburn 101 588 3 591 99.5 474
Murray Hill 0 0 53 53 0.0 177
Watterson 92 3 602 605 0.5 615 92
Willard 0 538 538 0.0 450 78
Woodland (Buckeye) 309 4 313 98.7 558 43
4889 4144 9033 54.1 12642
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Hay-West Tech
2. Elementary School Assignments (estimated)
Schools Proposed Grades Kg and Pre-Kg Black 1-6 Other 1-6 Total 1-6 % B 1-6 Capac 1-6
L. M. Alcott K, 1-3 26 132 101 233 56.7 243
Doan K, 4-6 37 137 92 229 59.8 609
(pair L. M. Alcott and Doan: kg. stay as assigned. All gr. 1-3 pupils to Alcott and all gr. 4-6 pupils to Doan)
McKinley K, 1-3 73 260 199 459 56.6 459
A. Wayne K, 4-6 139 180 173 353 51.0 432
(reassign 150 pupils from A. Wayne to Woodland-Buckeye since enrollment by residence at Wayne is 168 over capacity. Pair Wayne and McKinley: kg. stay as assigned. All gr. 1-3 pupils to McKinley and all gr. 4-6 pupils to Wayne)
Willard K, 1-2 78 239 180 419 57.0 450
M. M. Bethune K, 3-6 83 383 400 783 48.9 555
Rosedale (part of Bethune zone) 624
Murray Hill K, 1-2 -0-26 14 40 65.0 177
(Group Willard, Bethune-Rosedale, and Murray Hill: kg. stay as assigned. All gr. 3-6 pupils to BethuneRosedale; All gr. 1-2 pupils in Willard and Murray Hill stay as assigned; All gr. 1-2 pupils in BethuneRosedale reassigned (.9) Willard and (.1) Murray Hill)
Almira K, 1-3 101 322 298 620 51.9 621
M. Ireland K, 4-6 53 175 139 314 55.7 810
C. Orr K, 4-6 57 122 137 259 47.1 405
(group Almira, M. Ireland and C. Orr: kg. stay as assigned. All gr. 1-3 pupils to Almira; all gr. 4-6 pupils in Ireland and Orr stay as assigned; all gr. 4-6 pupils in Almira go (.5) to Ireland and (.5) to Orr)
e. H. Rice K, 1-2 117 290 241 531 54.6 684
M. C. Selzer K, 3-6 84 321 337 658 48.8 693
Fruitland K, 3-6 22 111 100 211 52.6 216
(Group H. Rice, M. C. Selzer, and Fruitland: Kg. stay as assigned. All gr. 1-2 to H\ Rice; All M. C. Selzer and Fruitland gr. 3-6 stay as assigned)
f. Halle K, 1-3 66 320 258 578 55.4 546
Mt. Auburn K, 4-6 101 268 231 499 ' 53.7 474
(pair Halle and Mt. Auburn: kg. stay as assigned. All gr. 1-3 pupils to Halle and all gr. 4-6 pupils to Mt. Auburn. Mt. Auburn currently 117 over capacity.
g. C. Attucks K, 1-3 30 152 125 277 54.9 651
Gordon K, 4-6 42 118 114 232 50.9 798
(pair C. Attucks and Gordon: kg. stay as assigned. All gr. 1-3 pupils to Attucks and gr. 4-6 pupils to Gordon)
h. Bolton K, 1-3 94 256 215 471 54.4 789
Lawn K, 4-6 60 232 184 416 55.8 501
(pair Bolton and Lawn: kg. stay as assigned. All gr. 1-3 pupils to Bolton and all gr. 4-6 pupils to Lawn)
i. Woodland-Buckeye K, 1-4 43 303 217 520 58.3 558
M. Martin K, 1-4 66 265 213 478 55.4 732
Watterson K, 5-6 92 277 176 453 61.1 615
(* 150 pupils reassigned from A. Wayne to Woodland: group Woodland-Buckeye, M. Martin and Watterson: kg. stay as assigned. All gr. 5-6 pupils to Watterson; all gr. 1-4 pupils in Woodland and Martin stay as assigned; gr. 1-4 pupils in Watterson to Martin (.5) and Woodland (.5)
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Hay-West Tech
3. Junior High School Assignments (estimated)
Schools Proposed Grades Black 7-9 Other 7-9 Total 7-9 % B Canac
a. West 7-9 819 587 1406 58.3 1404
L. M. Alcott 0 90 90
Doan 139 0 139
Bolton 254 1 255
Lawn 0 198 198
W oodland-Buckeye 200 6 206
Watterson 1 292 293
M. B. Martin 225 0 225
b. Schuler 7-9 228 197 425 53.6 1150
A. Wayne 228 4 232
McKinley 0 193 193
c. Davis 7-9 369 305 674 54.7 1485
Murray Hill 14 14
Bethune-Rosedale 369 1 370
Willard 0 290 290
d. Diehl 7-9 381 345 726 52.5 783
Almira 6 345 351
M. Ireland 234 0 234
C. Orr 141 0 141
e. Audubon 7-9 277 298 575 48.2 1865
Fruitland 0 69 69
H. Rice 275 7 282
M. Selzer 2 222 224
f. Wright 7-9 275 211 486 56.6 1531
Mt. Auburn 275 3 278
Halle 0 208 208
g. Addison 7-9 175 _93 268 65.3 1274
C. Attacks 175 2 177
Gordon 0 91 91
4. Senior High School Assignment (estimated)
Schools Proposed Grades Black 10-12 Other 10-12 Total 10-12 % B Capac
a. West Tech 10-12 1018 941 1959 52.0 3743
Murray Hill 0 0 0
M. M. Bethune-Rosedale 352 1 353
Willard (Davis JHS) 0 247 247
CLEVELAND CITY SCHOOLS
Proposed Desegregation Plan High School Cluster Hay-West Tech
4. Senior High School Assignment (estimated) — (Cont’d)
Schools Proposed Grades Black 10-12 Other 10-12 Total 10-12 Caoac
Almira 0 310 310
M. Ireland 161 0 161
C. Orr (Diehl JHS) 111 0 111
Fruitland 1 72 73
H. Rice 247 7 254
M. Selzer (Audubon JHS) 4 197 201
C. Attucks 142 1 143
Gordon (Addison JHS) 0 106 106
b. Hay 10-12 1213 853 2066 58.7 2420
L. M. Alcott 0 78 78
Doan (West JHS) 147 0 147
A. Wayne 206 3 209
McKinley (Schuler JHS) • 0 183 183
Mt. Auburn 244 4 248
Halle (Wright JHS) 0 196 196
Bolton 255 1 256
Lawn (West JHS) 2 173 175
Woodland-Buckeye 154 3 157
Watterson M. B. Martin (West JHS) 5 200 210 2 215 202
5. Proposed Feeder Patterns
Elementary Junior High Senior High
As recommended by the Special Master, this Order will not affect kindergarten or pre-kindergarten students. In the first year of implementation (1978-1979), high school seniors will have the option of finishing out their twelfth year at the school to which they are presently assigned.
Another problem in the area of pupil assignment is the matter of special transfers. In the past, special assignments have been used to promote segregation. See Reed v. Rhodes, 422 F.Supp. 708 (N.D.Ohio 1976). To remedy this problem, the Cleveland defendants proposed to review all records of students attending schools other than their “home schools” through special transfers. Where the return of the student to the home school would enhance desegregation, the student would be so reassigned, unless the student’s program of studies would be inordinately disturbed. Future special transfer requests which would not enhance desegregation would be subject to approval by the Superintendent, and a list of all such transfers granted by the Superintendent would be submitted to the Court prior to November 1 of each year.
The defendants have not explained the circumstances under which a student’s program of studies would be so “inordinately disturbed” as to exempt that student from reassignment to the home school or what mechanisms and controls will be used to assure that the special transfer policy is not, once again, used by the Cleveland defendants to foster segregation. Therefore, the City defendants are ordered to submit to the Court a detailed special transfer plan which addresses itself to such transfers in the context of the desegregation process.
In regard to the time and manner of implementation, the Cleveland defendants’ third plan provides for the “phasing-in” of desegregation over a three year period. The State defendants’ plan provides for phasing starting with elementary students in the first year, junior high students in the second year, and senior high students in the final year. Unlike the State Board’s plan, the Cleveland defendants’ third plan provides for phasing on a geographic basis, with all grades within a high school cluster being desegregated at one time.
In response to inquiry by the Special Master, State Board officials agreed that their plan could be implemented as a package instead of being phased. The Cleveland defendants have provided no authority supporting their contention that the educational program of the District will suffer if all of the schools are desegregated at one time. The Special Master has recommended that there be no phasing-in of desegregation, and the Court has seen no contrary evidence to indicate that phasing is necessary or preferable. Defendants have been given sufficient lead time, and must, therefore, simultaneously implement a desegregation plan for all grades in all areas of the City beginning with the opening of school in September 1978.
II. EDUCATIONAL PROGRAMS AND OTHER ANCILLARY RELIEF
The obligation of defendants, found to have maintained a dual school system, goes beyond reassignment of pupils to fully integrated schools and classrooms. Defendants have the further constitutional obligation to develop educational programs that will correct the effects of prior segregated schooling to the greatest extent possible.
There is agreement in this case among the plaintiffs, local defendants, and the Special Master as to the appropriateness of including the ancillary relief ordered here. The State defendants alone disagree that these provisions bear an essential relationship to the process of desegregation.
The recent decision of the Supreme Court in Milliken v. Bradley, 433 U.S. 267, 97 S.Ct. 2749, 53 L.Ed.2d 745 (1977) (“Milliken II”), answers the theoretical State Board objections. The Court held there that federal courts must on occasion address matters other than pupil assignment to eliminate the effects of prior segregation. Remedial programs are sometimes required to overcome the inequalities inherent in dual school systems, and when the consequences of unlawful educational isolation linger, they must be dealt with by independent measures beyond pupil assignment. 97 S.Ct. at 2758, 2761.
Applying these standards, this Court has made a thorough, independent review of the evidence in this case and has determined that the educational programs and other ancillary relief detailed below are necessary to overcome the effects of the dual school system and de jure segregation, and to assure an effective transition to a racially neutral, nondiscriminatory, unitary school system. The Court’s obligations and objectives in respect to these ancillary relief provisions are calculated (1) to remedy the academic effects of prior segregation; (2) to ensure that existing and future programs are administered in a nondiscriminatory fashion; (3) to maintain a secure, integrated school environment in which the rights of all students are protected; and (4) to guaranty that Court-ordered educational provisions are successfully implemented.
A. Testing and Tracking
The record indicates that achievement and ability testing has long been used in the Cleveland School System as an indicator of student progress. While there has been no evidence of discriminatory use of tests in the past, the evidence adduced in this ease indicates that testing can become a tool for resegregation. Therefore, defendants are cautioned that they must insure that all tests, whether standardized, criterion referenced, or teacher made, are developed, administered, and scored in a nondiscriminatory manner.
The Court is particularly concerned that the results of such tests are used in a nondiscriminatory manner. In particular, the defendants shall avoid ability grouping or tracking students in segregated classrooms. Ability grouping poses particular problems and dangers to a school system undergoing desegregation. The Master noted that the assignment of a previously segregated student to a low achieving group may result in a self-fulfilling prophecy of continuing low achievement. Recommendations of the Special Master at 132, October 27, 1977. The Court is persuaded by testimony that permitting ability grouping or tracking during a program of desegregation would introduce a major weakness into the desegregation process. (E. g., TR. 34, 35, 6, 80, 81, December 9, 1977). Therefore, the defendants shall not assign students in ability groupings where such assignment results in racially segregated classrooms. When the school system has operated as a unitary system for a period sufficient to assure that the underachievement of certain groups is not due to educational inequities caused by prior segregation, ability grouping may be resumed, if otherwise necessary or desirable. See McNeal v. Tate County School District, 508 F.2d 1017 (5th Cir. 1975). To ensure that this provision is effectively implemented, local defendants shall report in the manner suggested by the Special Master in his Recommendations, supra, at 133.
B. Reading Programs
The development of proficient reading skills is perhaps the most essential service a school system provides. Without reading skills, students cannot achieve academic success and will be handicapped in any occupation in the outside world. Bradley v. Milliken, 402 F.Supp. 1096, 1138 (E.D.Mich. 1975). The record contains studies establishing that minority students' often lag behind the national norm for urban areas.
Testimony of both plaintiffs’ and defendants’ witnesses identified the need for reading programs to be made part of any Cleveland desegregation plan. The evidence presented during the remedy hearings demonstrated that the percentage of students in Cleveland reading below average performance levels increases as the percentage of black students in particular schools increases. The Court is persuaded that lower performance scores in schools with a predominance of black students, though partially explainable by the factor of poverty, are mainly a result of differing racial treatment. Therefore, the Court finds that the reading deficiencies, demonstrated by defendants’ reports of test scores (PX 2), are directly and substantially attributable to factors involving racial discrimination.
In November 1974, the Cleveland Board of Education published a study entitled “Reading in Cleveland Schools: An Assessment and Forward Look.” This report evaluated the reading program in the elementary schools and included an analysis of reading achievement test scores. Among the findings of the study group were these:
1. There is a strong, well organized and highly professional measurement program in operation.
2. In contrast, there does not exist an evaluation program which could provide key decision makers needed information about the reading program.
3. Results of reading tests indicate:
a. Favorable and improving results at the primary levels.
b. Generally below average and stable results at the intermediate levels.
c. Poor, and perhaps deteriorating, test results at the upper grade levels.
4. Generally poor use of test results by principals and central office administration because of a lack of a total evaluation program and local school instructional leadership.
This report supports the Court’s findings. The general deterioration of test scores as students move through the system supports the inference that students educated in this segregated dual school system are not growing as they move through the system, and in fact may actually be regressing.
In order to remedy the effects of past discrimination, the defendants shall institute an affirmative reading skills program which does not resegregate. By April 15,1978, they shall report to the Court what steps have been taken or will be taken by the Cleveland Board in response to the findings in the 1974 study set forth above and to other deficiencies in the reading program this study may have identified.
The defendants shall conduct an additional study to determine the nature and extent of disparities in the reading skill test scores of minority and white pupils in the Cleveland public schools at the elementary, junior high, and senior high school levels. The design for this study shall be developed in consultation with experts assisting the Court and shall be submitted to the Court for its approval before July 1, 1978.
C. Counselling and Career Guidance
Desegregation places academic and psychological pressures upon the students involved in the process. Trained counsellors are needed to assist students facing these pressures. Defendants, during the hearings on remedy, conceded the importance of the role to be played by counsellors. They conceded, too, the need to address this matter in any sound desegregation plan.
In order to reduce the pressures on students undergoing desegregation and to prevent resegregation resulting from curriculum or program choices of students, the defendants shall institute an effective nondiscriminatory counselling and career guidance program. The program shall ensure that students are counselled on a racially nondiscriminatory basis as to opportunities in employment or higher education and as to vocational and other special educational programs. The City defendants shall report to the Court by April 1, 1978 the steps they have taken or will take to train their counsellors and career guidance staff to deal with the special problems arising from desegregation.
D. Magnet Schools and Programs
Magnet schools and programs can be an important component in the desegregation process. Such programs offer choices for students and parents who might otherwise believe that desegregation may be educationally counterproductive. They assure the community that the Court and all others involved in desegregation planning are as deeply concerned with academic goals as they are with ending discrimination.
In their third plan, the City defendants proposed the expansion of the District’s existing magnet school program. As proposed, these new or expanded programs would be integrated, but as described they would have no realistic integrative effects on the system as a whole. Furthermore, these proposals show no evidence of careful planning and are not designed to mesh with other aspects of desegregation, in particular pupil assignment, school closings, transportation, and finances.
In order to assure that attractive magnet programs are developed for students seeking nontraditional educational opportunities and that they are located where they will best serve the overall desegregation of the system, the defendants shall d