M. Moore v. Tangipahoa Parish School Board
Opinion
In recent years the Tangipahoa Parish public schools have made significant strides toward achieving a "unitary school system" free of the vestiges of de jure segregation that prompted this desegregation case more than a half century ago.
In 2011, the district court granted the school system "conditional unitary status" in extracurricular activities. The condition was that the court would retain jurisdiction over extracurricular activities for one school year. So long as the court was not presented with evidence of discrimination during the probationary period, it would declare the district "unitary" (that is, grant "final unitary status") in that area and relinquish its control. It did just that in 2012.
In 2015, the district court took a similar tack for staff assignments. Finding that the district had worked for years to achieve the court's goals in that area, the court "provisionally granted" unitary status to the school district for staffing decisions.
This appeal arises from the district court's 2017 decision to grant "provisional" unitary status in another area: facilities. The court set a two-year probationary period, during which it would retain jurisdiction over that aspect of the desegregation order and the school district would face semiannual compliance reviews. At the end of the two years, the court would consider an "unconditional" grant of unitary status in facilities.
*547 This time the Board appealed. 1 It argues that a probationary period is not allowed when a court takes an incremental approach to unitary status. If that is not true, the Board argues it was not justified in this case.
Requiring a probationary period before final dismissal of a desegregation case is a longstanding practice in this circuit. The so-called "
Youngblood
procedure" arose when this court concluded that a district court had made a premature finding of unitary status.
Youngblood v. Bd. of Pub. Sch. Instruction of Bay Cty., Fla.
,
But the Board argues the
Youngblood
procedure should not be allowed as a step on the path to declaring unitary status when unitary status is being determined in an incremental manner.
Youngblood
involved a global inquiry into whether a school district had complied with the whole of a desegregation order. That overall finding of unitary status looks at whether a district is still afflicted with the vestiges of segregation across a number of areas: not just student assignment, but also staff composition, faculty makeup, transportation, extracurricular activities, and facilities.
Green v. Cty. Sch. Bd. of New Kent Cty., Va.
The short answer to this is that
Freeman
said nothing about provisional (that, is probationary or conditional) grants of unitary status. That answer is also dispositive: "[F]or a Supreme Court decision to change our Circuit's law, it 'must be more than merely illuminating with respect to the case before [the court]' and must 'unequivocally' overrule prior precedent."
Tech.
Automation Servs. Corp. v. Liberty Surplus Ins. Corp.
,
What is more, our early cases allowing the incremental approach to unitary status endorsed the
Youngblood
procedure. Most
*548
notably, in rejecting the Fort Worth NAACP's challenge to a district court decision that the city's schools had achieved unitary status, we noted the "three-year
Youngblood
period" would allow the district court to make a final determination whether the school system had eliminated the vestiges of discrimination in hiring and assigning teachers.
Flax
,
These cases recognize that there is no tension between
Youngblood
's probationary period and
Freeman
's incremental approach to finding unitary status. Indeed, a provisional grant of unitary status is itself "an incremental or partial withdrawal of [a court's] supervision and control."
Freeman
,
The Board's contrary view that
Freeman
forbids the probationary period we have long endorsed may reflect a misunderstanding of what the
Youngblood
procedure means. The Board is correct that a district court's supervision should end once it makes a final determination of unitary status.
Bd. of Educ. of Okla. City Pub. Sch. v. Dowell
,
We thus reject the Board's legal challenge to the Youngblood procedure. A district court has long had discretion to impose a Youngblood period, and the Board cites nothing that would allow us to depart from that settled law.
That leaves the Board's argument that use of a probationary period was not justified under the facts of this case. Its view that the district court relied on insufficient evidence of ongoing discrimination stems from the same misreading of the district court's order that we have just discussed. The district court did not make a new and independent finding of discrimination after concluding that the Board had fully complied with the desegregation decrees. In other words, as the district court emphasized, it did not make a finding of bad faith. Instead, the district court was deciding whether the Board has met its burden of establishing, among other things, that it had demonstrated good faith commitment to complying with the court's orders.
The judgment of the district court is AFFIRMED.
So did the plaintiffs, apparently challenging the decision to grant even provisional unitary status. But they failed to file a brief.
Hull v. Quitman County Board of Education
is not to the contrary.
Nor does
United States v. Midland Independent School District
prohibit the use of the
Youngblood
procedure when courts take an incremental approach to unitary status.
Reference
- Full Case Name
- M.C. MOORE, as Father and Next Friend to Minors Joyce Marie Moore, Jerry Moore, and Thelma Louise Moore; Henry Smith, as Father and Next Friend to Minors Bennie Smith, Charles Edward Smith, Shirley Ann Smith, and Earline Smith, Plaintiffs-Appellees, v. TANGIPAHOA PARISH SCHOOL BOARD, a Corporation, Defendant-Appellant
- Cited By
- 3 cases
- Status
- Published