Jenkins v. Missouri
Opinion of the Court
The State of Missouri appeals from an order of the district court
This court has in numerous decisions dealing with the Kansas City school desegregation litigation strongly urged the State to work with the suburban school districts surrounding KCMSD to develop a voluntary interdistrict transfer plan. Such a plan in St. Louis has made substantial progress toward desegregating the schools in that area. See Jenkins v. Missouri, 807 F.2d 657, 683 n. 30 (8th Cir. 1986) (Jenkins I), cert. denied, 484 U.S. 816, 108 S.Ct. 70, 98 L.Ed.2d 34 (1987); Jenkins v. Missouri, 904 F.2d 415, 418 (8th Cir.) (Jenkins IV), cert. denied, — U.S. -, 111 S.Ct. 346, 112 L.Ed.2d 311 (1990).
The first progress toward a voluntary interdistrict transfer plan in the history of the desegregation efforts in the Kansas City schools occurred when the State called a meeting on May 29, 1990. After the meeting, Missouri City indicated a desire to participate in further discussions. Missouri City has a total enrollment of about 97 students and is a community of less than 400 people
After the 1990-91-school year, one student graduated and one withdrew from the plan. Two replacement students were added and the district court ordered tuition of $5,000 per student to be paid to Missouri City, stating: “The budget for 1991-92 is reasonable and necessary for the continued implementation of the voluntary interdis-trict transfer component of the plan for the desegregation [of KCMSD] and is approved.” Order of May 28, 1991, slip op. at 1.
Before entry of the order, the State argued that Missouri City’s actual cost per student was the limit that should be paid under Liddell VII and Jenkins I. The State filed an affidavit containing detailed calculations showing the cost per student, under the Liddell VII formula was $3,672.74.
The district court did not specifically address the State’s argument in its order. The district court found that the tuition of $5,000 per student was “reasonable and necessary for the continued implementation of the voluntary interdistrict transfer component of the [desegregation] plan.” Order of May 28,1991, slip op. at 1. We give great deference to a district court’s exercise of its broad equitable powers in crafting a remedy in school desegregation cases. Liddell v. Board of Educ., 867 F.2d 1153, 1155 (8th Cir. 1989) (per curiam); Jenkins v. Missouri, 855 F.2d 1295, 1310 (8th Cir. 1988) (Jenkins II), aff'd in part and rev’d in part, 495 U.S. 33, 110 S.Ct. 1651, 109 L.Ed.2d 31 (1990); Davis v. Board of Educ., 674 F.2d 684, 688 (8th
The State argues that the tuition should be limited by the formula approved in Liddell VII. What we said in Jenkins v. Missouri, 890 F.2d 65 (8th Cir. 1989) (Jenkins III), is a complete answer to this argument:
We acknowledge that different remedies have been fashioned in the Kansas City desegregation effort than in the comparable St. Louis case. However, the remedies approved in either case do not necessarily restrict the options of the district court in the other. As the Supreme Court has stated, “There is no universal answer to complex problems of desegregation; there is obviously no one plan that will do the job in every case. The matter must be assessed in light of the circumstances present and the options available in each instance.” Green v. County School Bd., 391 U.S. 430, 439, 88 S.Ct. 1689, 1695, 20 L.Ed.2d 716 (1968).
Id. at 69.
In considering voluntary interdistrict transfer plans, the district court certainly should consider the Liddell formula, as well as the costs of the receiving district, but in the last analysis the determination of a proper tuition figure must be made by the district court considering the factual setting of the case before it. The record demonstrates that this was done and the district court in looking to the amount agreed to by the parties the year before had sufficient factual support for its finding. We affirm the order of the district court.
. The Honorable Russell G. Clark, Senior United States District Judge for the Western District of Missouri,
. The 1991-92 Official Manual of the State of Missouri, p. 754, lists the 1990 population as 348.
Reference
- Full Case Name
- Kalima JENKINS, by her next friend, Kamau AGYEI Carolyn Dawson, by her next friend Richard Dawson Tufanza A. Byrd, by her next friend Teresa Byrd Derek A. Dydell, by his next friend Maurice Dydell Terrance Cason, by his next friend Antoria Cason Jonathan Wiggins, by his next friend Rosemary Jacobs Love Kirk Allan Ward, by his next friend Mary Ward Robert M. Hall, by his next friend Denise Hall Dwayne A. Turrentine, by his next friend Shelia Turrentine Gregory A. Pugh, by his next friend David Winters on behalf of themselves and all others similarly situated American Federation of Teachers, Local 691, Intervenor-Appellee v. STATE OF MISSOURI John Ashcroft, Governor of the State of Missouri Wendell Bailey, Treasurer of the State of Missouri Missouri State Board of Education Roseann Bentley, Member of the Missouri State Board of Education Raymond McCallister, Jr., Member of the Missouri State Board of Education Susan D. Finke, Member of the Missouri State Board of Education Thomas R. Davis, presiding President, Member of the Missouri State Board of Education Robert E. Bartman, Commissioner of Education of the State of Missouri Gary D. Cunningham, Member of the Missouri State Board of Education Rebecca M. Cook, Member of the Missouri State Board of Education Sharon M. Williams, Member of the Missouri State Board of Education, School District of Kansas City, Missouri Walter L. Marks, Superintendent thereof
- Cited By
- 7 cases
- Status
- Published