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QUALITY ED. FOR ALL CHILDREN., v. SCH. BD.

United States District Court, Northern District of Illinois, W. D


August 16, 1973

QUALITY EDUCATION FOR ALL CHILDREN, INC., ET AL., PLAINTIFFS,
v.
SCHOOL BOARD OF SCHOOL DISTRICT #205 OF WINNEBAGO COUNTY, ILLINOIS, DEFENDANTS.

The opinion of the court was delivered by: Bauer, District Judge.

MEMORANDUM OPINION AND ORDER

This cause comes on the plaintiffs' petition for a temporary injunction restraining the School Board of School District # 205 of Winnebago County, Illinois ("School Board") from carrying forward on a plan known as the "Voluntary Desegregation Program" approved by the School Board at its meeting on April 30, 1973.

The named plaintiffs are all citizens of the United States and residents of School District # 205 of Winnebago County, Illinois. Some of the named plaintiffs are individuals while others are community organizations which are allegedly voluntary associations of citizens, most of whom are also citizens of the school district and taxpayers of the State of Illinois. The defendant is the School Board of School District # 205 of the Winnebago County Schools, State of Illinois.

The instant suit is a class action, brought by the plaintiffs (qua individual taxpayers and voluntary associations) on behalf of other residents and taxpayers similarly situated in School District # 205 of Winnebago County, State of Illinois ("School District"), pursuant to Rule 23(a) and 23(b)(2), Federal Rules of Civil Procedure. The class represented by the named plaintiffs allegedly consists of all residents of the School District including both black and white citizens.*fn1

The named plaintiffs, in their complaint, have set forth the following eight separate causes of action and factual allegations to support them:

  1.  The School District is Not in Compliance With
      the State's Rules on Equal Educational
      Opportunities.

      The defendant School District has failed to
      comply with the "Rules Establishing
      Requirements and Procedures for the
      Elimination and Prevention of Racial
      Segregation in Schools" issued on November
      22, 1971 by Michael J. Bakalis,
      Superintendent of Public Instruction, State
      of Illinois.*fn2 The

      defendant School Board has received a
      statement of non compliance from the Illinois
      Superintendent of Public Instruction and has
      not complied with the said notice, as
      required by the directive, to achieve quality
      integrated education in Rockford free of
      illegal segregated educational practices. The
      defendant School Board adopted a "Voluntary
      Desegragation Plan" on April 30, 1973 which
      does not comply with the Rules set forth in
      the Superintendent of Public Instruction's
      directive of November 22, 1971. The School
      Board's plan allegedly does not set forth
      time tables, places unequal burdens of
      transfer and the like upon minority students
      and relies upon voluntary integration plans
      which have been shown not to work thus
      assuring the continuance of segregation
      practices in violation of the constitution
      and statutes of the United States.

  2.  School Board Practices and Election Procedure
      Violate State Laws.

      The manner of election of individuals to the
      School Board is racially discriminatory, for
      the election of School Board members,
      pursuant to Sec. 9-7 of Chapter 122 of the
      Illinois Revised Statutes of 1971, allowing
      candidates to be chosen from the entire
      district assures an all-white school board or
      a segregation-oriented school board to be
      elected. In the fact of existing racial and
      economic residential segregation in the
      Rockford School District, every school board
      election assures the election of a majority
      of board members unresponsive to the needs of
      minority students and the overriding urgency
      to achieve quality integrated education.

  3.  Present Attendance Boundaries Create Racial
      Imbalance.

      The present attendance boundaries for
      assigning students to the five senior high
      schools, the six junior high schools, and the
      60 elementary schools of the Rockford School
      District produce a racial imbalance or
      segregation in the student bodies throughout
      the system. The boundaries have caused
      students who are black to go to schools with
      a larger percentage of black students than
      the overall citywide average of 15 percent,
      although another school nearer to such
      students would have offered a better
      proportional racial balance. The present
      attendance boundaries produce a level of
      racial segregation resulting in unequal
      educational opportunities for

      many children, black and white. The present
      attendance boundaries cause an increase in
      the racial identifiability of various
      schools.

  4.  Present Attendance Boundaries Create
      Imbalance of Under Achievers.

      The present system of attendance boundaries
      has caused students who are at low
      achievement levels to be attending schools
      where there are larger numbers of low
      achiever students than the citywide average,
      although a school with a low percentage of
      low achievement level students is nearer at
      hand. The present attendance boundaries
      produce a racial and achievement level
      segregation, resulting in unequal educational
      opportunities for many children, black and
      white. The present attendance boundaries
      cause an increase in the racial
      identifiability of various schools and an
      increase in low achieving or economic
      identifiability of various schools.

5.  Bussing of Students In Discriminatory Manner.

      The bussing of students within the Rockford
      School District is performed in a racially
      discriminatory manner. Black children are
      bussed out of predominantly black areas but
      white students are not bussed in the same
      manner. Bussing is actually done within the
      Rockford School District to continue
      segregation rather than to produce
      integration. Further, children are bussed in
      order to produce clusters of students of the
      same achievement level rather than to
      integrate students of all achievement levels.
      The Rockford School Board has sought to use
      its neighborhood school policy and its policy
      against forced cross-the-river bussing to
      explain its failure to integrate students,
      teachers and staff members. The Rockford
      School Board currently has a plan of bussing
      in which primarily black students are bussed,
      and this produces more racial identifiability
      and racial segregation.

6.  Racial Discrimination in Faculty Assignments.

      There is racial imbalance or segregation in
      the faculty assignments in the senior high
      schools, junior high schools, and elementary
      schools of the Rockford School District on a
      racially segregated basis, namely, a greater
      proportion of black faculty members are in
      those schools that have a greater proportion
      of black students.

  7.  Racial Discrimination in the Construction
      Program.

      There is racial imbalance or segregation in
      the construction program of the senior high
      schools, the junior high schools and the
      elementary schools of the Rockford School
      District. Schools housing a greater
      proportion of black students than the
      citywide average are those schools which
      should have been removed because of their
      age, but were remodeled, thus perpetuating
      the imbalance. New schools were built in the
      center of all-white areas and not on the
      borders of white-black areas, where more
      racial balance might have been achieved.
      Portable schoolrooms were purchased and/or
      transferred to schools with a view toward
      maintaining racial imbalance or imbalance of
      low-achievers rather than coupled with
      alteration of attendance boundaries to permit
      a more balanced student body, both racially
      and in terms of achievement levels. A $17
      million dollar bond issue in 1967 was
      promoted with representations to the public
      that the monies would be used to build better
      schools on both sides of the river running
      through Rockford, but the facts have shown
      that most of the monies were used in white
      areas for high achieving students.

  8.  Curriculum Programs are Racially
      Discriminating.

      There is a racial imbalance or segregation in
      educational opportunities produced by the
      curriculum programs in the elementary
      schools, junior high schools and senior high
      schools of the Rockford School District. In
      Guilford High School nothing has been offered
      by way of a black studies course. In Wilson,
      Lincoln and Roosevelt Junior High Schools
      there is no separate program of black studies
      offered at the schools, and in the other
      schools where black studies are offered, all
      students are not required to take such
      studies. At Auburn High School, where a
      predominant number of the students are black,
      students in this school (in contrast to the
      other high schools of the city) are denied
      the right to take SAT College Entrance tests.
      More than twice as much money is spent on
      counseling facilities for the students in
      high schools which have a practically
      all-white population than in other high
      schools where there is a large percentage of
      black students. In Wert High School a black
      studies course was offered for the first time
      last year, but there are no plans to increase
      the number of courses this coming year.

The plaintiffs have asked this Court to restrain the defendants from proceeding with their Voluntary Desegregation Plan; to require the defendant School Board to re-examine its School Board election procedure and practices in light of Illinois Constitutional requirements; to enjoin the defendants, their agents, officers, employees, successors and all persons in active consort or participation with them from discriminating on the basis of race, color or achievement level regarding attendance boundaries, bussing, faculty assignment, school construction programs or curriculum in the operation of the Rockford Public School System.

It is important for the proper disposition of the instant controversy to comprehend the defendant's Voluntary Desegregation Plan, which provides:*fn3

  1.  The entire staff, certificated and
      non-certificated, should be integrated as
      rapidly as possible. The percentage of
      minority employees should be 15% of the
      total. This would include central
      administration personnel, administrators,
      teachers, clerks, secretaries, building
      engineers, custodians, trademen, food service
      workers, and all classifications of
      para-professional personnel. The time
      schedule for the completion of the
      integration of the staff will be three to
      five years and is to begin immediately.

  2.  Cluster elementary schools on a voluntary
      individual basis, under the direction of the
      administration.

  3.  Pair elementary schools on a voluntary
      individual basis under the direction of the
      administration.

  4.  Close one elementary school (Muldoon) and
      transfer children to four other elementary
      schools (Bloom, Guilford Center, Johnson,
      Spring Creek) with an option to remain in the
      closest neighborhood school.

  5.  Establishment of four magnet schools: Martin
      Luther King, Barbour, Welsh and an
      alternative school.

  6.  Identify seven elementary schools as target
      schools and two middle schools as target
      schools: Beyer, Dennis, Ellis, Henrietta,
      Lathrop, Lincoln Park, McIntosh, Washington
      and Wilson.

  7.  Open enrollment for all middle schools
      provided space is available

      and that such transfers would contribute to
      desegregation.

  8.  Open enrollment for all high schools provided
      space is available and that such transfers
      would contribute to desegregation.

  9.  Open enrollment to be permitted throughout
      the entire district provided space is
      available for such transfers and that they
      contribute to desegregation.

  10. Students transfers would be accepted from May
      1 — July 1, 1973. Forms would be provided
      through schools for all parents interested in
      reassignment of their youngsters.

  11. Application for assistance under the
      Emergency School Aid Act will include
      inservice education for all members of the
      staff and specific recommendations for:

a. the improvement of mathematics;

b. the improvement of reading;

      c. provisions for additional supportive
      services;

      d. community and human relations development;
      and

      e. equipment, materials, and supplies to
      support the program.

The following relevant facts are instructive and illustrative of the instant controversy and the problem of minority isolation in the Rockford School District. These facts were developed by this Court from its analysis of testimony and statistical evidence presented to this Court at the hearing on the instant petition held July 2-3, 1973:

1. Dr. Michael J. Bakalis, the Illinois Superintendent of Public Instruction, in his letter of September 12, 1972, informed Dr. Robert Salisbury, Superintendent of School District # 205, that there were at least 13 schools in his district which failed to comply with the State Superintendent's "Rules Establishing Requirements and Procedures for Elimination and Prevention of Racial Segregation in Schools."*fn4 The State Superintendent cited the following schools for non-compliance: Barbour, Beyer, Dennis, Ellis, Haskell, Henrietta, Lathrop, Lincoln Park, McIntosh, Muldoon, Rock River, Washington and Wilson.*fn5 Dr. Bakalis noted that the state goal is for an individual district to achieve a fifteen percent range above or below the percent of racial minorities in the district as a whole. He further stated that the concern with the assignment of children is only one aspect of a much more comprehensive process that should include community education, curriculum revision, as well as faculty integration.

2. In the school year of 1971-72 there were a total of 5,362 minority students in the School District and 2,386 (44.4%) of those minority students were attending schools in which minority attendance exceeded 50% of the enrollment. It is projected by the School Board that in the school year of 1973-74 there will be a total of 6,233 minority students in the School District and 2,758 (44.2%) of those minority students will be attending schools in which minority attendance exceeds 50% of the enrollment.*fn6 This problem of minority group isolation can be brought into clearer focus by examining minority enrollment in the schools cited for noncompliance with state standards. The following table compares minority enrollment in non-complying schools for the school year 1972-73 to the School Board's projection of minority enrollment in those schools for the school year of 1973-74:*fn7

                                     TABLE 1
                                     -------

                      MINORITY ENROLLMENT IN NON-COMPLYING SCHOOLS
                     ----------------------------------------------
-----------------------------------------------------------------------------------------
                   School Year 1972-73                     School Year 1973-74
-----------------------------------------------------------------------------------------
                Total      No. of    % of minority    Total       No. of    % of minority
              enrollment  minority    enrollment    enrollment   minority    enrollment
School                    students                                students

Barbour         431         317          73.5          431        317          73.5
Beyer           355         137          38.5          355        137          38.5
Dennis          400         370          92.5          400        370          92.5
Ellis           435         343          78.8          408        316          77.4
Haskell         432         285          65.9          432        284          65.7
Henrietta       178         136          76.4          178        132          74.1
Lathrop         305         219          71.8          305        319          71.8
Lincoln Pk.     532         299          56.2          532        299          56.2
McIntosh        459         171          37.2          459        171          37.2
Muldoon         290         226          77.9          290        226          77.9
(to be
closed
'73-'74)

Rock River      456         195          42.7          456        195          42.7
Washington      579         350          60.4          579        350          60.4
Wilson         1236         610          49.3         1236        509          49.2
-----------------------------------------------------------------------------------------
[A 7723]

It is clear from the above statistics that the hard core minority isolation existing in the School District does not show signs of rapidly changing.

3. School District No. 205 has 1,679 school teachers. Of these 100 or 5.95% are minority teachers; further, 4.74% of all high school teachers are minority teachers, 7.55% of all middle school teachers are minority teachers, and 5.63% of all elementary school teachers are minority teachers. It should be noted that minority students represent at least 15% of the student enrollment.

The School Board, as part of its Voluntary Plan for School Desegregation, has a five year program to increase minority staff members. This program is best stated by means of the following three charts:*fn8

    The School Board's good will in carrying out this program can be demonstrated by the fact that as of June 25, 1973 the School Board has either sent letters of intent or have hired 48 people of whom 14 or 29% are members of a minority.*fn9

4. The plaintiffs in their complaint have made allegations that relatively poor facilities, materials and teachers are utilized in schools of high minority enrollment. Numerous witnesses at the hearing conducted on July 2 and 3, 1973, expressed the opinion that such conditions did exist in School District # 205. The members of the American Association of University Women and the League of Women Voters completed a survey of elementary school needs.*fn10 This survey concluded, inter alia, that the southeast quadrant of the city (an area of high minority enrollment) has schools that suffer from a lack of materials and up-to-date texts; that buildings in the southeast section are somewhat crowded and special purpose rooms are lacking. However, the survey also noted that the staff and principals are "well qualified" and secretarial and custodial help seems adequate. The School Board has submitted data that indicates that at least the amount of teacher's training in all schools, both those with high and low minority enrollment is, practically speaking, identical. The following tables demonstrate such a statistical finding:*fn11

                                  TABLE 2
                                  -------
                     COMPARISON OF TEACHER TRAINING BETWEEN
                    WASHINGTON AND MARSH MIDDLE SCHOOLS' STAFFS
-----------------------------------------------------------------------------
                          B.A.   B.A.           M.A.     M.A.    M.A.
     SCHOOL       B.A.                  M.A.
                                                     
-----------------------------------------------------------------------------
                  18       4     11      1       2        2       3
     Washington                                                            41
                  44%     10%    27%    2.4%    4.9%     4.9%    7.3%
-----------------------------------------------------------------------------
                   9       4      8      6       1        1       2
     Marsh                                                                 31
                  29%     13%    26%   19.4%    3.2%     3.2%    6.5%
-----------------------------------------------------------------------------
Washington: 515 students, 316 minority or 61.36%

Marsh:      561 students, 4 minority or .71%

 
                      COMPARISON OF TEACHER TRAINING BETWEEN
                   WILSON AND EISENHOWER MIDDLE SCHOOLS' STAFFS
-----------------------------------------------------------------------------
                          B.A.   B.A.           M.A.     M.A.    M.A.
     SCHOOL       B.A.                  M.A.
                                                     
-----------------------------------------------------------------------------
                  18       14     13      5       9        3       5
     Wilson                                                                67
                  29%      21%    19%    7.5%    13%      4.5%    7.5%
-----------------------------------------------------------------------------
                  18        8     14      7        6       3        6
     Eisenhower                                                            62
                  29%     12.9%  22.6%  11.3%     9.7%    4.8%     6.6%
-----------------------------------------------------------------------------
Wilson      1169 students, 575 minority or 49.19]%

Eisenhower: 1238 students, 14 minority or 1.13%

                      COMPARISON OF TEACHER TRAINING BETWEEN
                     AUBURN AND GUILFORD HIGH SCHOOLS' STAFFS
-----------------------------------------------------------------------------
                          B.A.   B.A.           M.A.     M.A.    M.A.
     SCHOOL       B.A.                  M.A.
                                                     
-----------------------------------------------------------------------------
     Auburn       18       13     14     10      10        5      33
                                                                          103
                  17.5%    12.6%  13.6%  10%     10%       5%     32%
-----------------------------------------------------------------------------
     Guilford     21       13      7      7      12        10     46
                                                                          123
                  17%      10.6%   6%     6%     10%        8%    37%
-----------------------------------------------------------------------------
Auburn:   1767 students, 537 minority or 30.39%

Guilford: 2209 students, 20 minority or .905%

  5. Many witnesses who testified for the plaintiffs expressed the opinion that schools with high minority enrollment also mean high minority underachievement. The following statistics seem to indicate higher underachievement among minority students in schools cited for non-compliance with state standards:*fn12

                                   TABLE 3
                                   -------
                       MEAN SCORES OF 5th GRADE STUDENTS
               (for percentages of minority enrollment see Table 1)
-------------------------------------------------------------------------
                    Minority         Non-Minority         All Students
                ---------------------------------------------------------
   SCHOOL      Reading   Math    Reading     Math     Reading      Math
-------------------------------------------------------------------------
   Barbour      36.77    34.89    46.30      40.76      38.80      36.14
   Beyer        30.63    44.05    36.88      44.60      34.18      44.30
   Dennis       -----------------NO 5th GRADE---------------------------
   Ellis        -----------------NO 5th GRADE---------------------------
   Haskell      31.67    31.92    38.54      35.63      34.70      33.56
   Henrietta    -----------------NO 5th GRADE---------------------------
   Lathrop      45.14    47.00    47.08      46.16      45.63      46.63
   Lincoln Pk.  28.87    29.24    42.12      37.47      33.36      32.03
   McIntosh     30.44    27.27    41.31      36.95      35.76      32.01
   Muldoon      29.21    29.61    40.11      28.92      31.39      29.47
   Rock River   32.30    36.19    41.69      35.05      37.75      35.57
                      MEAN SCORES OF 7th GRADE STUDENTS
   Washington   31.94    33.92    38.76      39.59      35.20      36.64
    Wilson      27.68    34.59    38.88      42.57      33.83      38.97
   All City     29.63    34.30    49.94      53.27      47.52      51.01

-----------------------------------------------------------------------------

  Statistics submitted by the School Board clearly show that given special programs and sufficient funds underachievers can drastically improve their scholastic performance.*fn13

6. Testimony and data seemingly reveal that schools with higher minority enrollments also have higher drop-out rates. For example, data from the individual high schools indicate that Auburn and West, which had respectively 30.7% and 15.7% minority enrollment in 1972-73, had a considerably higher drop-out rate over the year than Guilford, which had only .9% minority enrollment. It should be noted that the high schools in School District # 205 have considerably less minority isolation than the elementary or middle schools. The following table clearly indicates the drop-out problem:

                                   TABLE 4
                                   -------
                             DROP-OUT RATE IN SCHOOL
                           DISTRICT #205 FOR GRADES 9-12
------------------------------------------------------------------------------
                Percent of
                 minority      Percentage of drop-outs to the total enrollment
                enrollment     -----------------------------------------------
    School       1972-73       1970-71        1971-72          1972-73

    Auburn         30.7       11.0 (227)     12.5 (252)      12.1 (237)
    East           10.4        8.0 (192)      7.4 (186)       7.2 (195)
    Guilford         .9        4.0 (110)      2.6 (68)        2.2 (55)
    Jefferson       7.0        8.0 (167)     10.9 (258)      10.9 (247)
    West           15.7        7.0 (164)      9.2 (205)       9.9 (946)
------------------------------------------------------------------------------

Although some witnesses testified that many of the drop-outs were members of a minority, no data has been submitted to this Court concerning the percentage of drop-outs who were members of a minority. Thus, the role that minority isolation plays in drop-outs cannot be adequately assessed at this time.

7. The plaintiffs charge that the defendant has drawn attendance boundaries so as to foster minority isolation.*fn14 The data does show a problem with minority isolation, at least in so far as the schools which were cited by Dr. Bakalis for non-compliance with state standards. The School Board has stated that six factors enter into the drawing of school attendance boundaries:

1. educational needs of students;

2. proximity of students to school;

3. safety of students;

4. ages of students served;

5. nature of the educational program housed; and

6. racial/ethnic balance.*fn15

8. Different civil organizations have studied the problem of minority isolation in the Rockford School District and have made varying proposals to the School Board. For example, the PTA proposed the use of such techniques as school closing; reassignment of a school as a Special Education Center; reassignment of a school as a Designated Emphasis School; school pairing and open enrollment.*fn16 The report of the Central Committee on Desegregation most significantly urged reassignment of students to meet a goal of 7 to 21 percent minority enrollment in all schools by the end of the 1974-75 school year.*fn17

The plaintiffs, in support of their instant petition for a temporary injunction, contend:

  1.  Since the institution of this suit in 1970,
      the defendant has been promising to comply
      with U.S. law on equal quality education
      opportunities but while some changes have
      been made, there has continued to be
      irreparable harm to thousands of students in
      School District # 205.

  2.  The plan of the defendant, adopted on April
      30, 1973, does not comply with the "Rules
      Establishing Requirements and Procedures for
      the Elimination and Prevention of Racial
      Segregation" issued by Dr. Michael J.
      Bakalis, Superintendent of Public Instruction
      for the State of Illinois, on November 22,
      1971.

  3.  The violations of the principles of equal
      quality educational opportunities set forth
      in the complaint of the instant action will
      not be complied with under the School Board's
      plan.

The defendant, in opposition to the instant petition, contends that the plaintiffs have not properly alleged that the defendant has violated any of their constitutional rights and there is no federal jurisdiction to require, by use of a temporary or mandatory injunction, compliance by this defendant with the rules and regulations of the Superintendent of Public Instruction of the State of Illinois.

This Court having examined the pleadings, memoranda and exhibits submitted by the parties in support of their respective positions, and having heard and carefully weighed the testimony of numerous witnesses, is of the opinion that an injunction is not appropriate at this time. However, it is also the opinion of this Court that the present voluntary desegregation plan of the School Board is inadequate and thus the defendant should be given a period of time to work with the Office of the State Superintendent of Public Instruction, the plaintiffs, and other concerned civic organizations in order to develop a more effective and practical program for desegregation.

It is well settled that after a determination has been made that a current condition of segregated schooling exists within a school district, the state and the local school board automatically have an affirmative duty to effectuate a transition to a racially non-discriminatory school system. Keyes et al. v. School District # 1, Denver, Colorado et al., 413 U.S. 189, 93 S.Ct. 2686, 37 L.Ed.2d 548 (decided June 21, 1973); Brown v. Board of Education, 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083 (1955). At this stage in the proceedings, this Court has not yet determined that School District # 205 is de facto racially segregated. However, much of the evidence which has been presented to this Court to date strongly suggests a problem of minority isolation in the Rockford School District. It is therefore important that the School Board of School District # 205 be aware of its affirmative duty to comply with the dictates of the United States Constitution and the State of Illinois school desegregation policy.*fn18

Where residential segregation is reflected in school enrollment figures, school officials have the burden of showing that there are no educationally sound and administratively feasible alternatives to overcome the existence of segregated schools. United States v. School District # 151, 404 F.2d 1125 (7th Cir. 1969).

Where school officials, in locating new schools and constructing additions to old schools, have failed to adjust school enrollments to fit school capacities in such a way as to lessen racial segregation, they have the affirmative duty to seek means of eradicating the results of their discriminatory acts. United States v. Board of Public Instruction of Polk County, Florida, 395 F.2d 66 (5th Cir. 1968); Lee v. Macon County Board of Education, 267 F. Supp. 458 (M.D.Ala. 1967).

Teachers and other professional staff members may not be discriminatorily hired, assigned, dismissed, or demoted, because of race or color. Green v. County School Board, 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716 (1968); Rogers v. Paul, 382 U.S. 198, 86 S.Ct. 358, 15 L.Ed.2d 265 (1965); Bradley v. School Board of City of Richmond, 382 U.S. 103, 86 S.Ct. 224, 15 L.Ed.2d 187 (1965); Stell v. Board of Education for the City of Savannah, 387 F.2d 486 (5th Cir. 1967).

State laws and/or administrative policies, directed toward the reduction and eventual elimination of de facto segregation and racial imbalance in schools have been approved by state courts. See e. g., Pennsylvania Human Relations Comm. v. Chester School District, 427 Pa. 157, 233 A.2d 290 (1967); Booker v. Board of Education of Plainfield, 45 N. J. 161, 212 A.2d 1 (1965); Addabbo v. Donovan, 16 N.Y.2d 619, 261 N.Y.S.2d 68, 209 N.E.2d 112 (1965), cert. denied, 382 U.S. 905, 86 S.Ct. 241, 15 L.Ed.2d 158; Vetere v. Allen, 15 N.Y.2d 259, 258 N YS.2d 77, 206 N.E.2d 174 (1965); Guida v. Board of Education of the City of New Haven, 26 Conn. Sup. 121, 213 A.2d 843 (1965).

Federal courts have similarly approved the use by local school authorities of programs designed to alleviate de facto segregation and racial imbalance in the schools. Offerman v. Nitkowski, 378 F.2d 22 (2nd Cir. 1967); Deal v. Cincinnati Board of Education, 369 F.2d 55 (6th Cir. 1966), cert. denied, 389 U.S. 847, 88 S.Ct. 39, 19 L.Ed.2d 114; Wanner v. County School Board of Arlington County, 357 F.2d 452, 4 Cir.; Springfield School Committee v. Barksdale, 348 F.2d 261 (1st Cir. 1965); Hobson v. Hansen, 269 F. Supp. 401 (D.D.C. 1967).

The problem with minority isolation at even one school is that it infects all schools. To put it simply, in a system which has two schools all blacks at one school means all or almost all whites at the other. See United States v. Texas Education Agency, 467 F.2d 848 (5th Cir. 1972). Both sides are in agreement that there is a problem of minority isolation in the Rockford School District. The point of controversy between the parties is what method should be used to achieve a more racially balanced school system.

After hearing and examining the testimony given by various witnesses, this Court is impressed by the School Board's sincere concern and good will in attempting to solve the instant problem. However, this Court is not thoroughly impressed by the School Board's plan for voluntary desegregation. It appears to this Court after examining all relevant data presented by the parties in support of their respective positions, that the voluntary desegregation plan adopted by the School Board on April 30, 1973 is not practical and will not effectively solve the instant controversy.

Testimony at the hearing held by this Court on July 2 and 3, 1973 clearly demonstrated that there is very little enthusiasm over the open enrollment program, and the School Board's projections of enrollment for the school year of 1973-74 demonstrate little, if any, change in minority isolation.*fn19

From the facts set forth above there appears to be problems of underachievers, a high number of drop-outs, poor facilities and supplies in certain schools in the Rockford School District. These problems might very well be related and to some extent caused by minority isolation. The present School Board's voluntary desegregation plan and its other programs do not seem to be adequately meeting and solving these problems. Further, School District # 205 presently fails to comply with the state standards relating to minority integration.

The Office of the Superintendent of Public Instruction for the State of Illinois has represented that it is willing to work with the School Board of School District # 205 to develop a plan which would solve the problem of minority isolation and enable the School District to comply with state standards on integration. The School Board has expressed a willingness to attempt to develop a program that will comply with the state standards and solve its problem of minority isolation. Thus, it is the opinion of this Court that at this time it would not be appropriate for the Court to become an activist and formulate a program of integration for the School District. It appears to this Court that the wiser course of action lies in permitting the School Board, aided by the State Department of Public Instruction and various civic organizations, to formulate and implement an acceptable program which would practically and efficiently eliminate minority isolation and its ill effects.

Accordingly, it is hereby ordered that:

  1.  the plaintiffs' petition for a temporary
      injunction is denied at this time;

  2.  the School Board is given until the first of
      February, 1974 to present an acceptable
      program that will eliminate minority
      isolation in its schools; and

  3.  if the defendant School Board fails to
      develop an acceptable program

      by February 1, 1974, this Court will
      reconsider its ruling on the instant petition
      for a temporary injunction.


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