Vaughns v. Board of Education of Prince George's County
Vaughns v. Board of Education of Prince George's County
Opinion of the Court
In this school case, the District Judge entered an order in July 1972 declaring the composition of the schools and the assignment of pupils in Prince George’s Court, Maryland not to be in compliance with the constitutional requirements. There was a subsequent order in August, directing the preparation of final desegregation plans by November 1972 and their submission to the Court early in December. That order scheduled a hearing on the plans in December and provided that the plans, with respect to the primary schools and the junior high schools, would be made effective on January 29, 1973, the date of the semester break. With respect to the senior high schools, however, the order provided that the plans would not be placed into effect until September 1973.
The right to take an appeal from each of the orders under the present circumstances is contested, and the resolution of those procedural questions involve difficult considerations. We think it unnecessary to attempt to resolve them, for we perceive among the substantive questions tendered, only one of substantiality, and that one is, and will be, within the bosom of the District Court.
The general rule requires that plans for the desegregation of school systems be made effective as soon as they practically may be without serious disruption to the educational process.
It seems clear to us, however, that the timing of the implementation of the plans, when approved, at all levels is subject to reconsideration in the District Court in light of the actual plans and the extent of the changes within the school system which their implementation will require.
This question should first be addressed to the District Court and considered by it in light of the situation as it shall appear when otherwise approvable plans are in hand.
Since there appears to be no substantive issue of substantiality ready for decision in this Court, we need not undertake resolution of the procedural questions. The case will be remanded for further proceedings in the District Court.
The mandate shall issue forthwith.
Remanded.
Alexander v. Holmes County Board of Education, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19 (1969); Carter v. West Feliciana Parish School Board, 396 U.S. 226, 90 S.Ct. 467, 24 L.Ed.2d 382 (1969).
Reference
- Full Case Name
- Sylvester J. VAUGHNS, Jr., by his father and next friend, Sylvester J. Vaughns v. BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY, Appellees Sylvester J. VAUGHNS, Jr., by his father and next friend, Sylvester J. Vaughns v. BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY, Appellants BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY v. Jesse Alexander ELLER
- Cited By
- 5 cases
- Status
- Published