George Robert Boykins, United States of America-Intervenors-Appellant v. The Board of Education of the City of Fairfield, Alabama

U.S. Court of Appeals for the Fifth Circuit
George Robert Boykins, United States of America-Intervenors-Appellant v. The Board of Education of the City of Fairfield, Alabama, 446 F.2d 973 (5th Cir. 1971)
1971 U.S. App. LEXIS 9271

George Robert Boykins, United States of America-Intervenors-Appellant v. The Board of Education of the City of Fairfield, Alabama

Opinion

PER CURIAM:

Subsequent to the date of the district court’s decree from which this appeal has been taken, the Supreme Court decided Swann v. Charlotte-Mecklen-burg Board of Education, 1971, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554. We think that the district court, because of its familiarity with local conditions, should have the first opportunity to determine whether the school desegregation plan the court approved for the Board of Education of the City of Fair-field, Alabama, complies with the principles established in the Swann decision.

We remand this cause therefore to the district court for it to determine forthwith the acceptability of the school *974 board’s student assignment plan. In making this determination the court should consider the feasibility and advantages of clustering schools or non-contiguous zoning. The district court should also consider whether the school board is in compliance with the Singleton requirements for faculty ratios and whether the location of a high school complex in a black neighborhood will tend to promote segregation as alleged by plaintiffs-appellants.

The case is remanded to the district court for further consideration.

Costs shall be divided between the parties.

The Clerk is directed to issue the mandate forthwith.

Reference

Full Case Name
George Robert BOYKINS Et Al., Plaintiffs-Appellants, United States of America, Plaintiffs-Intervenors-Appellant, v. the BOARD OF EDUCATION OF the CITY OF FAIRFIELD, ALABAMA, Defendants-Appellees
Cited By
5 cases
Status
Published