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PEOPLE WHO CARE v. ROCKFORD BD. OF EDUC.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, WESTERN DIVISION


November 3, 1993

PEOPLE WHO CARE, an unincorporated association; LARRY & CHASTY HOARDE, minors, by their parent and next friend Flossie Hoarde; JONATHAN HUGHES, a minor, by his parents and next friends, Sidella & Nathan Hughes; SIDNEY & ANDRE MALONE, minors, by their parent and next friend, Rev. Louis E. Malone; SHAHEED SALEEM, a minor, by his parent and next friend, Christine Saleem; ANISSA TRIPPLETT, a minor, by her parent and next friend, Beulah Tripplett; ASIA EASON, a minor, by her parent and next friend, Granada Williams; JAMES & KELLY CURTIN, minors, by their parents and next friends, Larry Curtin & Sue Belvoir; LEONARDO MEDRANO, by his parent and next friend, Jesus Medrano; each individual suing as a class representative of the class certified by the court; Plaintiffs,
v.
ROCKFORD BOARD OF EDUCATION, SCHOOL DISTRICT # 205, Defendant, and ROCKFORD EDUCATION ASSOCIATION, ROCKFORD BUILDING MAINTENANCE ASSOCIATION, & EDUCATION OFFICE PERSONNEL ASSOCIATION, Intervenor-Defendants.

MAHONEY, ROSZKOWSKI

The opinion of the court was delivered by: MAHONEY

[EDITOR'S NOTE: PART 1 OF 3. THIS DOCUMENT HAS BEEN SPLIT INTO MULTIPLE PARTS TO ACCOMMODATE ITS LARGE SIZE. EACH PART CONTAINS THE SAME LEXIS CITE.]

TABLE OF CONTENTS

 INTRODUCTION

 PROCEDURAL HISTORY

 STUDENT TRACKING AND ABILITY GROUPING

 INTRODUCTION

 FINDINGS OF FACT

 CONCLUSIONS OF LAW

 SEGREGATION OF STUDENTS BY RACE WITHIN SCHOOLS

 

INTRODUCTION

 

FINDINGS OF FACT

 

Within-School Segregation In Mid-1970 "Desegregation Programs"

 

Intact Busing: The Grade Exchange Plan

 

Within-School Segregation Through Part-Time Programs

 

Segregation Of Minority Transfer students Within Receiving Schools

 

Elementary Schools

 

Segregation Of Students Within Schools By Tracking

 

Segregation Of Elementary Bilingual Students

 

Segregation Of Special Education Students

 

The RSD'S De-Emphasis Of Full-Site Magnet Programs

 

May 1972 One-Week Magnet Schools

 

Bloom Focus Center

 

Haskell Focus Center

 

The Alternative Middle and Elementary Schools

 

Purposeful Creation Of Segregated Partial-Site Alternative Programs

 

The Gifted Program

 

Partial Desegregation, Followed by ReSegregation, of the Gifted Program, 1977-1986

 

The RSD's 1987 Report and Personnel Testimony Revealing Gifted Program Segregation

 

Continuing Segregation of the Gifted Program Up Through 1989

 

Physical Segregation of Gifted from Regular Students Within the Schools

 

The RSD's Separate "Minority" Gifted Program

 

RSD's "Satellite" Gifted Programs

 

The Creative And Performing Arts Program (CAPA)

 

Montessori

 

The Academics Plus Program

 

Arts Alternative

 

Low-Status Alternative Programs

 

CONCLUSIONS OF LAW

 

 

STUDENT ASSIGNMENT

 

INTRODUCTION

 

FINDINGS OF FACT

 

Student Assignment and School Boundaries Prior to the QUEFAC Lawsuit and the ISBE Investigation

 

Student Assignment in the Late 1950's and Early 1960's

 

Attempts By Superintendent McIntosh to Re-Assign Students

 

Assignment of Northeast Quadrant Students to Guilford Rather Than West High School

 

Conversion of Jefferson Junior High School to a Senior High School

 

West Side Elementary School Boundaries - Late 1950's - Early 1960's

 

Refusal to Reassign Students to Balance School Utilization in 1965

 

Assignment of Morris Kennedy and Nashold Ninth Graders From School District 125 to Auburn High School

 

"Rockford Team" 1967 Integration Proposals

 

The Pupil Placement Committee (PPC)

 

The Middle Schools Proposal

 

The Veritas, REA and the RDS Principals' 1970 Redistricting Proposals

 

New School Construction in 1969-71

 

1969 Elementary School Attendance Area Boundary Changes and Reassignments

 

Walker and Carlson Busing of Public Housing Children

 

Construction of John F. Kennedy and Eisenhower Junior High Schools

 

Proposals in 1966-67 to Close Old Schools in the Central Rockford Area

 

Closing of Hall School

 

Closing of Montague School

 

Construction of Martin Luther King School

 

Closing of Franklin School

 

Packing of White Schools to Maintain Segregation in the 1970's and 1980's

 

Closing of Morris Kennedy Elementary School in 1971

 

Packing of African-American schools to Maintain Segregation

 

Student Assignment and School Boundaries During the QUEFAC Lawsuit and the ISBE Investigation

 

The Community Desegregation Committee

 

Closing of Muldoon School and Clustering

 

Reassignment of Lincoln Park Sixth Grade and use of Portable Classrooms

 

Noncompliance With The ISBE Rules in September of 1973

 

1973 QUEFAC Proceedings

 

Grade Exchange Plan

 

REA Intervention in the QUEFAC Litigation

 

Interest Center Implementation

 

The RSD's Knowledge of Successful Integration Efforts

 

The RSD 1975 Integration Plan

 

Mandatory Assignment of African-American Students From Satellite Attendance Zones

 

Open Enrollment Policies

 

1975 Status Report on Integration

 

The RSD's Refusal to Comply With The ISBE's 1976 Rules

 

Alternative School Programs: Failures, Disparate Burdens and Benefits

 

1976 RSD Integration Plans

 

ISBE Finding of Noncompliance

 

October 1976 Revised of Noncompliance and Probationary Sanction

 

May 1977 Integration Plan

 

Revisions of the May 1977 Plan

 

Construction of New Jefferson High School

 

Noncompliance With The ISBE Rules in The Late 1970's

 

The ISBE 1980 finding of RSD Noncompliance

 

The RSD Difiance of The ISBE Rules - Opposition to Student Assignment Goals

 

Disparate Burdens on African-American Students By Continuing Mandatory Assignment to Eastside Schools

  

Student Assignment and School boundaries Subsequent to the QUEFAC

  

Lawsuit and the ISBE Investigation

  

1980 Student Reassignments and Closing of Schools

  

Dismantling of Alternative Programs

  

CONCLUSIONS OF LAW

  

FACILITIES AND EQUIPMENT DISPARITIES

  

INTRODUCTION

  

FINDINGS OF FACT

  

Systemwide Disparities In Facilities And EMS

  

Data Demonstrating Systemwide Disparities

  

Witness Testimony

  

Disparity Examples At Individual Schools

  

The RSD'S Private Gifts Policy Contributed To EMS Disparities

  

CONCLUSION OF LAW

  

THE 1989 REORGANIZATION PLAN

  

INTRODUCTION

  

FINDINGS OF FACT

  

The Extent Of Segregation In The School System Prior To The Reorganization Plan

  

The January Version Of The 1989 Reorganization Plan

  

The Revised February 1989 Reorganization Plan

  

The Deliberative Process In Adopting The 1989 Plan RSD Elementray Schools

  

The Effects Of The Reorganization Plan On the RSD Elementary Schools

  

The Reorganization Plan Resegregated The District's Elementary Schools And Students In Terms Of School Enrollments

  

Resegregation of Southwest Quadrant Students

  

Resegregation of Non-Southwest Schools

  

Systemwide Resegregation of African-American/Hispanic Elementary Students

  

Systemwide Resegregation of White Elementary Students

  

The 1989 Plan Resegregated Schools By Adopting Measures That The District Itself Had Identified As Constituting DeJure Segregation

  

De Jure Segregation Criterion in 1981 IBA Report

  

Church School

  

Dennis School

  

Stiles School

  

Ellis School

  

McIntosh School

  

The New Wilson Elementary School

  

King and Barbour Schools

  

Haskell School

  

Garrison School

  

Resegregation of Non-Southwest White Schools

  

The 1989 Plan Resegregated African-American/Hispanic Students By Placing Them In Huge Warehouse Schools, Without Promised Education Support

  

The 1989 Plan Segregated The Schools By Promising, But Not Delivering, Educational Improvement Measures For African-American/Hispanic Students

  

The 1989 Plan Resegregated the Schools by Sharply Restricting Voluntary Transfer Opportunities

  

The 1989 Plan R Segregated The System By Removing The Alternative Programs From Southwest Elementary Schools

  

The Plan, As Initially Adopted and Implemented, Created Segregated Academics Plus Alternative Programs

  

The Pattern Of Elementary School Closings Imposed Disparate Burdens On Minority Students And Neighborhoods

  

Complete Closures of Schools

  

Partial Closures Through Split Grade Structures

  

Closings and Pairings as a Percentage of Schools in A Quadrant

  

Under The plan, The Schools In The Southwest Quadrant Were Overcrowded And No Space Was Available For Special Programs

  

The Effects Of The 1989 Reorganization Plan On RSD Secondary Schools

  

The 1988 Level Of Desegregation In the RSD Secondary Schools High Schools

  

High School Attendance Areas As Of 1988

  

Middle School Attendance Areas As of 1988

  

Recommendations Of The Ad Hoc Citizens' Committee

  

The Board's Goals For The Reorganization Plan And Criteria for School Closings

  

Information Before The Board In Its Deliberations

  

The Administrative Staff's January 17 Recommendations To The Board

  

The January 24 Reorganization Plan

  

Public Reaction To The January Plan

  

Reconsideration Of The West High Closing

  

The RSD's February Reorganization Plan

  

Option Zones In The Final February 28 Secondary Boundaries

  

The 1989 Plan Promoted Segregated Conditions In Secondary Schools By Eliminating Voluntary Transfer Opportunities For Minority Students

  

CONCLUSIONS OF LAW

  

EMPLOYMENT DISCRIMINATION

  

INTRODUCTION

  

FINDINGS OF FACT

  

Failure To Meet QUEFAC- Era Hiring Goals And Other Affirmative Action Obligations

  

CONCLUSIONS OF LAW

  

STAFF ASSIGNMENT

  

INTRODUCTION

  

FINDINGS OF FACT

  

Assignment Of Black Teachers To Black Schools

  

Principals And Other Administrative Staff

  

Other Staff

  

Collective Bargaining History: Teachers And Other Professional Staff

  

Collective Bargaining History: Clerical Employees

  

Custodial Staff

  

Other Staff

  

CONCLUSIONS OF LAW

  

INEQUITABLE ACCESS TO TRANSPORTATION

  

INTRODUCTION

  

FINDINGS OF FACT

  

Transportation Policies And Practices Affecting Desegregation And Desegregation Burdens

  

Transportation Policies And Practices Diminished Desegregation

  

1970's and Early 1980's: Transportation Problems Discouraging Open Enrollment Transfers

  

1970's and 1980's: Discriminatory Provision of Open Enrollment Transportation

  

1970's and 1980's: Effects of Discrimination and Transportation Problems on Success of Open Enrollment

  

1980-1989: Direct Restriction of Open Enrollment Transportation

  

Discriminatory Transportation Policies and Practices As Between Minority Integration Participants and White Integration Participants

  

Transportation Costs As Pretext For Anti-Busing Stance

  

Additional Transportation Inequities ("Privy Stops")

  

CONCLUSIONS OF LAW

  

DISCRIMINATORY CONDITIONS IN THE COMPOSITION OF THE BOARD

  

INTRODUCTION

  

FINDINGS OF FACT

  

Board Members: 1965-1989

  

Basic information

  

Board Member Residency

  

Board Member Race

  

Electoral System: The RBE's Role In Maintaining An Electoral System That Had A Disparate Impact On Minority Representation On the Board Of Education

  

RBE Gerrymandering of Subdistrict Electoral Boundaries

  

CONCLUSION OF LAW

  

EXTRACURRICULAR ACTIVITIES

  

INTRODUCTION

  

FINDINGS OF FACT

  

Historical Discrimination In The Selection of Cheerleaders

  

CONCLUSIONS OF LAW

  

BILINGUAL EDUCATION AND OTHER EDUCATIONAL DISCRIMINATION

  

ISSUES AFFECTING HISPANICS

  

INTRODUCTION

  

FINDINGS OF FACT

  

Disproportionate Desegregation Burdens Placed On Hispanic-American

  

Students

  

Segregation Of Elementary Bilingual Students

  

Transportation Discrimination

  

Educational deficiencies

  

State of Illinois And U.S. Department of Education Findings of Deficiencies

  

Failure to Provide Effective Special Education to Non- and Limited- English-Speaking Students

  

CONCLUSIONS OF LAW

  

SPECIAL EDUCATION

  

INTRODUCTION

  

FINDINGS OF FACT

  

CONCLUSIONS OF LAW

  

THE LAW OF EDUCATIONAL SEGREGATION AND ITS APPLICATION TO THE EVIDENCE

  

Overview of the Law

  

Causation - The First Keyes Factor

  

Intent - The Second Keyes Factor

  

The Scope of Liability - Once the Keyes Factors Have Been Established

  

Liability For The Conduct Of Agents And Employees

  

Natural Residential Segregation/Neighborhood Schools Defense

  

Incremental Segregative Effect

  

Equitable Relief Is Appropriate

  

CONCLUSION

  

DEFINITIONS

  

ADDENDUM: SCHOOL HISTORIES

  

REPORT AND RECOMMENDATION

  

INTRODUCTION

  

In the greatest dissent ever written, the first Justice Harlan stated:

  

The white race deems itself to be the dominant race in this country. And so it is, in prestige, in achievement, in education, in wealth and in power. . . . But in the view of the Constitution, in the eye of the law, there is in this country, no superior, dominant ruling class of citizens. There is no caste here. Our Constitution is color blind and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man and takes no account of his surroundings or of his color when his civil rights, as guaranteed by the supreme law of the land, are involved. It is, therefore, to be regretted that this high tribunal, the final expositor of the fundamental law of the land, has reached the conclusion that it is competent for a state to regulate the enjoyment by citizens of their civil rights solely upon the basis of race.

  Plessy v. Ferguson, 163 U.S. 537, 559, 41 L. Ed. 256, 16 S. Ct. 1138 (1896). Justice Harlan was dissenting from a decision of the United States Supreme Court that was later used to allow the separation of races in education. That decision was overturned by a later Supreme Court in the case of Brown v. Board of Education, 347 U.S. 483, 98 L. Ed. 873, 74 S. Ct. 686 (1954). In Brown v. Board of Education, a unanimous Supreme Court pointed out:

  

In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, when the state has undertaken to provide it, is a right which must be available to all on equal terms.

  Id. at 493.

  The following opinion relates the activities of a school district that has consistently and massively violated the dictates of Brown v. Board of Education. It is the story of a school district that, at times, has committed such open acts of discrimination as to be cruel and committed others with such subtlety as to raise discrimination to an art form.

  PROCEDURAL HISTORY

  This lawsuit was filed on May 11, 1989. It was filed by Plaintiffs as a reaction to the 1989 Reorganization Plan that had been adopted by Defendant, Rockford School District #205, in January and February of 1989. The lawsuit not only attacks the 1989 Reorganization Plan, but also alleges that the school district historically has engaged in a pattern of intentional segregation and discrimination on a system-wide basis.

  Approximately two months into the litigation, the parties entered into an Interim Settlement in response to Plaintiff's motion for a preliminary injunction. The Interim Settlement dealt mainly with the 1989 Reorganization Plan. The settlement was embodied in an Interim Agreed Order entered by the court on July 7, 1989. The order provided for certain modifications of the Reorganization Plan and for other remedial steps to be taken by the District.

  A Second Amended Complaint was filed on November 9, 1989. On April 24, 1991, Plaintiff and Defendant agreed to, and the court approved and entered, a Second Interim Order. The Second Interim Order was a more comprehensive interim remedial plan. The Second Interim Order did not resolve Plaintiff's underlying liability claim and the District made no admission of liability in connection with either of the Interim Remedial Orders. Certain parts of the Second Interim Order were stricken by the Seventh Circuit Court of Appeals. See People Who Care v. Rockford Bd. of Educ., 961 F.2d 1335 (7th Cir. 1992).

  On June 29, 1992, District Court Judge Stanley J. Roszkowski, by Minute Order, referred all matters pertaining to Plaintiff's motion for a supplemental remedial order to the Magistrate Judge for ruling. By Order of September 8, 1992, Judge Roszkowski, pursuant to Local Rule 1.7(b)(4) of the General Rules of the Northern District of Illinois, and pursuant to 28 U.S.C. § 636(a)(b)(c), transferred to Magistrate Judge P. Michael Mahoney all "matters currently pending."

  On April 8, 1993, Judge Roszkowski reiterated the referral to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and in April of 1993 the Magistrate Judge commenced hearing the motion for a permanent injunction.

  The injunction hearing began April 2, 1993. Approximately thirty witnesses testified on behalf of Plaintiff and approximately nine witnesses testified on behalf of Defendant and Intervenor-Defendants. Over 3,500 pages of testimony were taken over the twenty-four days of trial. In addition, the court has taken into consideration 150 depositions presented to the court as evidence in lieu of testimony, as well as the literally thousands of pages of documents that have been presented to the court.

  Pursuant to an "Agreement of Plaintiffs, Defendant Rockford School District 205 and the Intervenor-Defendants Concerning the Liability Hearing Adjudication Process and Certain Remedial Matters," dated May 5, 1993, all parties stipulated that the Magistrate Judge would make a Report and Recommendation to Judge Roszkowski, who would then rule upon the permanent injunction and liability issues. Pursuant to the May 5th Agreement, the parties agreed that all present and future remedial matters in this case, without limitation, would be referred to the Magistrate Judge under 28 U.S.C. § 636(c)(1) and (c)(3), and under the rules of the United States District Court for the Northern District of Illinois. Therefore, pursuant to Minute Order entered on May 5, 1993, Judge Roszkowski has referred all present and future remedial matters to the Magistrate Judge. The Agreement also allowed Plaintiffs to file an amended complaint which conformed to the proofs presented. This Third Amended Complaint was filed June 23, 1993. The following is the Report and Recommendation of the Magistrate Judge pursuant to the referral of the District Court and the stipulation of all parties.

  STUDENT TRACKING AND ABILITY GROUPING

  INTRODUCTION

  The court finds that the ability grouping and tracking practices of the Rockford School District (hereinafter "RSD") did not represent a trustworthy enactment of any academically acceptable theory or practice. The RSD tracking practices skewed enrollment in favor of whites and to the disadvantage of minority students. The court finds that it was the policy of the RSD to use tracking to intentionally segregate white students from minority students, and that the policy existed in 1989 and had existed for many years prior thereto.

  FINDINGS OF FACT

  The most devastating witness testifying on behalf of Plaintiffs was Dr. Jeannie Oakes. Dr. Oakes is one of the leading experts in student tracking and related fields. *fn1" She received her Ph.D from the University of California, Los Angeles in 1980. From 1981 to 1985 she was senior research associate, Graduate School of Education, UCLA. In 1985 she joined the RAND Corporation as Sr. Social Scientist. In 1989 she returned to UCLA to accept the position of Associate Professor, Graduate School of Education. Dr. Oakes currently holds the position of full professor and is the vice-chair of the Department of Education in the Graduate School of Education at UCLA.

  Dr. Oakes testified that she had studied the tracking practices in the Rockford School District. She examined the broad range of objective documentary material provided by the District. Her analyses included data tapes of the 1st through 6th grades for the years 1986 and 1987. She also reviewed the 10th and 12th grades for the same years. In addition, she examined middle school student data from 1988-89 and 1989-90. The data tapes examined by Dr. Oakes, therefore, cover the time period from 1987 through 1990.

  Dr. Oakes testified that tracking is ability grouping. Tracking constitutes a set of strategies that a school and school district use to organize students for instruction. The object of ability grouping is to group students together in ways that narrow the range of their ability or prior achievements so that a teacher is able to target instruction to the level of the students within the identified group.

  Three core features are always present in every tracking system: 1) Adults in the school system make judgments about how much intelligence children have and how likely is their potential for learning; 2) After the adults make their judgment, the children are placed into groups; 3) The groupings are then publicly labeled. This public labeling can take on a hierarchical nature. The groups are not thought of as equal. The highest grouped children are on the top, and the lowest children are on the bottom. It is easy, and people often slip, to associate the top children with being "the best kids" and the bottom children with being "the worst kids."

  The educational reason for tracking is to tailor a curriculum and an instructional strategy for the children that are tracked into the class. What occurs in reality, is that different children are given different opportunities to learn and children in different groupings are given different access to knowledge. *fn2"

  The court finds, based upon Dr. Oakes' testimony, that the RSD tracked students in a variety of ways. The tracks were different paths that Rockford students followed through the curriculum of the RSD. Some of the paths led to certifying a student as being prepared for college, some led to specific occupational preparation and other paths led essentially nowhere.

  The heart of the tracking placement process were intelligence tests supplemented by other strategies such as teacher recommendations. Defendant claimed, however, that the objective test scores were supposed to be the primary basis across the grade levels for placement into groups and tracks. *fn3"

  The stated purpose of ability grouping in the RSD was to narrow the range of achievement levels in classes so that instruction could be targeted to the appropriate level of the students. Dr. Oakes pointed out that the RSD, therefore, was making four fundamental assumptions: 1) Students were going to learn better if grouped; 2) low ability classes and low track general and vocational programs would provide a safe haven for students who were not very smart; 3) The RSD knew how to track students into groups to achieve homogeneous ability groups and they knew how to do it in ways that were accurate and fair; and 4) teaching is easier if one does not have to deal with a diverse group of students. *fn4" Ability grouping in the RSD began at the end of the kindergarten year. At that time students were put into either a regular first grade or a transition class based upon a standardized test score and a teacher's recommendation. The transition class was essentially low-track first grade, and operated to put the transition class students approximately one year behind. Further, tracking and ability grouping at the elementary level consisted of both within and between class ability grouping. Students were divided into groups within classes; slow, middle, and fast learners; or were divided across classrooms so that teachers taught all of one ability group.

   Also at the elementary level in the District there were separate programs for the highest achieving students. These programs were called gifted programs. Separate programs for the low achievers were called GIT (Get it Together) and CASS (Career Awareness and Survival Skills).

  At the middle school and junior high level, tracking was a much more formalized system where the academic subjects were divided into three different levels designed for students with different abilities: 1) Below grade level classes called "basic" classes; 2) at-grade level classes called "regular" classes; and 3) above grade level classes called "honors" classes. Separate programs were also available for highly gifted and talented students.

  At the senior high school level there was an overlapping of these two systems. The first system had two or three ability/achievement levels of the same course in the same subject areas (e.g. basic, general and honors English). The second system consisted of tracks of different courses in other subjects (e.g. math and science). Tracks, therefore, existed that: 1) prepared a student to go to college; 2) prepared a student for college but at a slower pace; 3) provided accelerated progress toward college preparation; and 4) did not prepare a student for college.

  Dr. Oakes' testimony analyzed the various tracks that existed in the RSD and their racial composition. She found that "the evidence is absolutely consistent." Whether one looks at the District's public figures or the statements of district officials or does a completely separate analysis of the data itself, as she has done, one inescapably comes to the same finding, which the court hereby adopts: African-American students were enrolled in consistently disproportionate numbers in the slow track, low ability classes. (Compared to the representation in the school as a whole). Furthermore, these students were consistently over-represented in classes for those students identified as having special educational needs. This conclusion is also true in regard to Latino students.

  In contrast, the overwhelming evidence finds white students at all grade levels disproportionately assigned to high ability, college preparatory programs. In the RSD, the higher level of class examined, the whiter the class. The actual statistical analysis is contained in the graphs produced by Dr. Oakes, and the court incorporates those graphs into this opinion. Suffice it to say that the court finds, as was testified by Dr. Oakes, that these numbers were so striking that one could, simply by walking into a class and looking at the color of the children's skin, determine if the class was a high, middle or low ability class.

  Text continued on[slip op.] p. 18.

  Enrollment in Gifted and Regular Programs by School and Race Grade 2, 1986-87 Gifted Regular Total N Percent N Percent N Percent Barbour White 10 52.6 5 11.9 15 24.6 Black 6 31.6 33 78.6 39 63.9 Hispanic 3 15.8 4 9.5 7 11.5 Other 0 0 0 0 0 0 Beyer White 35 92.1 39 67.2 74 77.1 Black 1 2.6 13 22.4 14 14.6 Hispanic 1 2.6 5 8.6 6 6.3 Other 1 2.6 1 1.7 2 2.1 Haight White 15 100 27 54.0 42 64.6 Black 0 0 22 41.0 22 33.8 Hispanic 0 0 1 2.0 1 1.5 Other 0 0 0 0 0 0 District White 60 83.3 1434 71.6 1494 72.0 Black 7 9.7 434 21.7 441 21.2 Hispanic 4 5.6 87 4.3 91 4.4 Other 1 1.4 49 2.4 50 2.4 District Gifted 72 3.5 Regular 2004 96.5

  Note. Grade 2 Gifted Program at these three elementary schools only.

  Enrollment in Gifted and Regular Programs by School and Race Grade 5, 1986-87 Gifted Regular Total N Percent N Percent N Percent King White 49 98.0 2 12.5 51 77.3 Black 0 0 10 62.5 10 15.2 Hispanic 0 0 4 25.0 4 6.1 Other 1 2.0 0 0 1 1.5 District White 49 98.0 1265 71.5 1314 72.2 Black 0 0 388 21.9 388 21.3 Hispanic 0 0 66 3.7 66 3.6 Other 1 2.0 50 2.8 51 2.8 District Gifted 50 2.7 Regular 1769 97.3

  Note. Grade 5 Gifted Program at King Elementary only.

  Enrollment in English Tracks by School and Race Grade 8, 1989-90 Track 1 Track 2 Track 3 Honors Regular Basic Total * N Percent N Percent N Percent N Percent Eisenhower White 52 88.1 220 78.9 15 31.9 287 74.7 Black 3 5.1 41 14.7 28 59.6 71 18.5 Hispanic 0 0 7 2.5 3 6.4 10 2.6 Other 4 6.8 11 3.9 1 2.1 16 4.2 Flinn White 52 85.2 218 77.3 10 62.5 280 78.0 Black 6 9.8 48 17.0 4 25.0 58 16.2 Hispanic 0 0 10 3.5 2 12.5 12 3.3 Other 3 4.9 6 2.1 0 0 9 2.5 Lincoln White 61 85.9 152 77.2 No Track 3 213 79.5 Black 1 1.4 25 12.7 at Lincoln 26 9.7 Hispanic 2 2.8 9 4.6 11 4.1 Other 7 9.9 11 5.6 18 6.7 West White 68 85.0 104 57.5 40 46.0 212 61.3 Black 9 11.3 71 39.2 44 50.6 122 35.3 Hispanic 2 2.5 3 1.7 3 3.4 8 2.3 Other 1 1.3 3 1.7 0 0 4 1.2

  * Total excludes those students who did not take English and excludes West GIT Program students.

  Enrollment in Math Tracks by School and Race Grade 8, 1989-90 Track 1 Track 2 Track 3 Honors Regular Basic Total * N Percent N Percent N Percent N Percent Eisenhower White 73 89.0 198 75.0 18 41.9 289 74.3 Black 2 2.4 48 18.2 22 51.2 72 18.5 Hispanic 0 0 9 3.4 3 7.0 12 3.1 Other 7 8.5 9 3.4 0 0 16 4.1 Flinn White 75 85.9 204 75.0 39 60.0 318 75.0 Black 5 5.9 53 19.5 20 30.8 78 18.4 Hispanic 3 3.5 9 3.3 4 6.2 16 3.8 Other 4 4.7 6 2.2 2 3.1 12 2.8 Lincoln White 72 80.0 139 72.8 33 70.2 244 75.1 Black 4 4.4 23 12.0 13 27.7 37 11.4 Hispanic 5 5.6 16 8.4 0 0 21 6.5 Other 9 10.0 13 6.8 1 2.1 23 7.1 West White 104 78.8 128 57.4 23 45.1 255 62.8 Black 21 15.9 90 40.4 24 47.1 135 33.3 Hispanic 4 3.0 3 1.3 4 7.8 11 2.7 Other 3 2.3 2 .9 0 0 5 1.2

  * Total excludes those students who did not take a math class.

   Enrollment in English Tracks by School and Race: Grade 10, 1986-87 Track 1 Track 2 Track 3 Honors Regular Basic Total* N Percent N Percent N Percent N Percent Auburn White 20 64.5 81 58.3 22 40.7 123 54.9 Black 9 29.0 52 37.4 32 59.3 93 41.5 Hispanic 0 0 5 3.6 0 0 5 2.2 Other 2 6.5 1 0.8 0 0 3 1.3 West White 36 73.5 90 66.7 15 31.9 141 61.0 Black 13 26.5 37 27.4 24 51.1 74 32.0 Hispanic 0 0 6 4.4 7 14.9 13 5.6 Other 0 0 2 1.5 1 2.1 3 1.3 East White 77 91.7 194 74.0 35 51.5 306 73.9 Black 6 7.1 50 19.1 30 44.1 86 20.8 Hispanic 0 0 11 4.2 2 2.9 13 3.1 Other 1 1.2 7 2.7 1 1.5 9 2.2 Guilford White 60 93.8 214 85.3 15 48.4 289 83.5 Black 2 3.1 23 9.2 14 45.2 39 11.3 Hispanic 0 0 2 0.8 1 3.2 3 0.9 Other 2 3.1 12 4.8 1 3.2 15 4.3 Jefferson White 69 93.2 268 93.1 37 80.4 374 91.7 Black 4 5.4 14 4.9 7 15.2 25 6.1 Hispanic 1 1.4 3 1.0 2 4.3 6 1.5 Other 0 0 3 1.0 0 0 3 0.8

  * Total excludes students who did not take an English Class. Enrollment in Math Tracks by School and Race: Grade 10, 1986 -- 87 Track 1 Track 2 Track 3 Honors/ Regular Slow Track Accelerated College-Bound College-Bound N Percent N Percent N Percent Auburn White 27 79.4 5 62.5 39 58.2 Black 5 14.7 3 37.5 27 40.3 Hispanic 0 0 0 0 1 1.5 Other 2 5.9 0 0 0 0 West White 27 81.8 10 83.3 64 64.0 Black 3 9.1 2 16.7 30 30.0 Hispanic 3 9.1 0 0 5 5.0 Other 0 0 0 0 1 1.0 East White 54 87.1 27 73.0 135 71.8 Black 7 11.3 5 13.5 36 19.1 Hispanic 0 0 2 4.5 8 4.3 Other 1 1.6 3 8.1 9 4.8 Guilford White 77 90.6 48 96.0 117 85.4 Black 0 0 0 0 13 9.5 Hispanic 0 0 0 0 2 1.5 Other 8 9.4 2 4.0 5 3.6 Jefferson White 58 96.7 26 96.3 174 94.6 Black 1 1.7 0 0 9 4.9 Hispanic 0 0 0 0 1 0.5 Other 1 1.7 1 3.7 0 0 Track 4 Non College-Bound Total * N Percent N Percent Auburn White 43 43.9 114 55.1 Black 50 51.0 85 41.1 Hispanic 5 5.1 6 2.9 Other 0 0 2 1.0 West White 30 40.0 64 41.8 Black 36 48.0 71 46.4 Hispanic 7 9.3 15 9.8 Other 2 2.7 3 2.0 East White 64 61.0 281 71.5 Black 37 35.2 85 21.6 Hispanic 3 2.9 13 3.3 Other 1 1.0 14 3.6 Guilford White 50 60.2 292 82.2 Black 31 37.3 44 12.4 Hispanic 2 2.4 4 1.1 Other 0 0 15 4.2 Jefferson White 97 81.5 355 91.0 Black 16 13.4 26 6.7 Hispanic 5 4.2 6 1.5 Other 1 0.8 3 0.8

  * Total excludes students who did not take a math class. Racial Composition of High School Vocational Tracks 1986-1987 Engineering Business/Computer Trades Total Vocational N % N % N % N % Auburn White 0 0 6 66.7 12 52.2 18 47.1 Black 2 100 3 33.3 11 47.8 16 52.9 Hispanic 0 0 0 0 0 0 0 0 West W 1 100 18 81.8 19 70.4 38 76.0 B 0 0 4 18.2 3 11.1 7 14.0 H 0 0 0 0 5 18.5 5 10.0 Guilford W 2 100 39 86.7 16 72.7 57 82.6 B 0 0 5 11.1 5 22.7 10 14.5 H 0 0 0 0 0 0 0 0 East * W 3 100 24 68.6 17 54.8 44 63.8 B 0 0 11 31.4 8 25.2 19 27.5 H 0 0 0 0 3 9.7 3 4.3 Jefferson W 8 100 50 94.3 48 87.3 106 91.5 B 0 0 2 3.8 4 7.3 6 5.1 H 0 0 1 1.9 0 0 1 .9 Non-Vocational Total School N % N % Auburn White 209 55.6 227 55.4 Black 152 40.4 168 41.0 Hispanic 10 2.7 10 2.4 West W 207 60.5 245 62.5 B 110 32.2 117 29.5 H 20 5.8 25 6.4 Guilford W 557 85.2 634 85.0 B 75 11.1 85 11.4 H 4 0.6 4 .5 East * W 558 75.3 602 74.3 B 113 17.9 152 18.8 H 20 2.7 23 2.8 Jefferson W 570 93.1 676 92.9 B 29 4.7 35 4.8 H 8 1.3 9 1.2

  * One White student in Dent Aux Per included in Trades.

   Three White students in Dent Aux Per included in Trades.

  Note. Percents might not total to 100 because Race = "Other" was not included.

  Note. Totals (total vocational, non-vocational, and total school) include only those 10th and 12th grade students included in the districts' 1986-1987 CAP test data files. No data about [Illegible Text].

   The court further finds that the RSD was well aware of the disproportionate enrollments, particularly with the clustering of minority students in low ability and low track classes. This fact is confirmed by the testimony of Superintendent William Bowen and by Mr. Nathaniel Martin.

  In regard to tracking and steering practices in the elementary schools and beyond, Superintendent William Bowen's testimony is indeed revealing. He stated:

  

Somewhere in our school system, I think it probably starts when reading groups are formed, some decisions are made about tracking [of minority students] that need to be reviewed. . . . It looks to me as an observer that once you get into a particular track, or sometimes I refer to them as tubes, it's very difficult to get out of them.

  

Bowen Dep. at 110-111.

  

Mr. Bowen served as a teacher at Auburn High School in the early 1960's, as a counselor at Guilford High School for ten years, as principal at East High School for eleven years, and at the time of his deposition, was the superintendent of schools. When Mr. Bowen was at Auburn, the school had remedial, regular and honors tracks. The honors level was relatively more white in its composition than the total composition of the school. The remedial level was relatively more African-American. The regular track was not easily identifiable in racial terms, according to Mr. Bowen. Most African-American students tended to be either in the remedial or regular track. In Mr. Bowen's opinion, the students in the remedial track did not get more help in any quantitative way. The school administration did not expect that the students in the remedial track would be able to improve and move on to any of the regular tracks. If a student was placed in a remedial track in seventh grade, that student probably would stay in that track throughout the rest of his or her junior and senior high years.

  

Occasionally Mr. Bowen would notice minority students who he believed had a level of ability inconsistent with their being in the remedial tracks. These observations were based upon such matters as speaking skills, competence, self respect and, sometimes, writing skills. Mr. Bowen indicated that he, himself, often made an effort to try to move these students into higher track classes, but he would receive resistance from the student's counselors. Mr. Bowen at times, however, was able to move a student from one track to another track.

  

When Mr. Bowen went to East High School in the early 1970's, he observed essentially the same phenomena. This bothered him so much that after he had been at East for approximately seven years, around the year 1980, he undertook, as East's principal, to eliminate the remedial track classes in English and history.

  

It was my observation that if you were in remedial English, you were with the same remedial kids all day. If you were in one remedial class, you were in everything remedial. . . . You were even in the same PE because that's the way the schedule worked. Everybody in school knew where you were, and all the kids that were in this situation all knew each other. It was an identifiable group, and they were dissatisfied with their lot.

  

Id. at 117.

  

Remedial English and history were eliminated by Mr. Bowen. After he left, however, East High School reinstituted the remedial tracks. The court finds, based upon Mr. Bowen's testimony, that there was no other high school in Rockford during the 1970's or early 1980's that undertook to eliminate basic courses or otherwise to address racially disparate tracking practices.

  

Mr. Nathaniel Martin worked in the RSD for the past twenty years. He was the first African-American principal of a secondary school in Rockford and in 1981, became the first African-American person appointed principal of a predominately white school. In April 1993, he became the director of secondary education. Mr. Martin testified extensively about what he had seen in the Rockford school system regarding tracking and steering practices. He related his observations from his experience at Flynn Elementary School in the 1980's. He estimated that 75% of the African-American students enrolled at Flynn were in the basic or lower track and the rest were in the regular track. He stated that he could recall no African-American student enrolled in the honors track. He believed that the African-American students were perceived as a discipline problem and once this perception occurred, the students were tracked lower in their abilities. The African-American students were more likely to be seen as discipline problems than were the white students.

  

Mr. Martin confirmed Mr. Bowen's observation that once an individual was tracked in the Rockford school system, there was little movement and very little interaction between the tracks. Mr. Martin was of the opinion that the tracking system at Flynn was similar to the other RSD's tracking systems. Mr. Martin described the system as "a system of apartheid."

  

Nathaniel Martin engaged in approximately fifty to sixty conversations with high level administrators regarding the discriminatory effects of the tracking system. He was told by the then superintendent of schools that the tracking system could not be eliminated because it would upset the teaching staff and because the community would not buy into elimination of tracking. The court finds it clear that the RSD had substantial notice and intimate knowledge of the racial disparities found within its system.

  

The fact that white students were in honors classes and minorities were in basic classes did not mean there was intentional institutional discrimination, however. The white students of Rockford could have been innately smarter than the minority students in Rockford. Accordingly, Dr. Oakes had to address the issue of intentional discrimination.

  

In her analysis, the first question that Dr. Oakes asked regarding intent was whether the RSD used valid and objective measures in assigning students to ability groups. Dr. Oakes found that the measures used by the RSD were either invalid or, at the very best, had highly questionable validity for the purposes for which they were used. The tests were described by Dr. Oakes as outmoded and she largely discredited them.

  

The tests that were used by the Rockford School system as the basis for its tracking system were tests that were generally not recommended by their publishers to be used for class placement. The tests were not, in fact, intelligence tests. The tests did not measure a child's critical thinking ability, such as problem solving or applying knowledge in new situations. The tests measured a very narrow range of a child's knowledge and skills at one point in time. *fn5"

  

The court finds that not only were the standardized tests for class placement inaccurate, they were culturally biased and did not fairly measure the capacities of minority children. Dr. Oakes summed up the finding of the court when she stated:

  

The measures used in the Rockford system did not represent a sound, valid or objective enactment of the theory, the theory of ability grouping and tracking.

  

Oakes Test., Tr. at 888.

  

Further, the court finds that the Rockford School District knew, or reasonably should have known based upon the information and literature that was available, that the measures it was using were not valid.

  

This conclusion, however, does not end the inquiry. This is still, as has been repeatedly brought to the court's attention, an intentional discrimination lawsuit. Simply because the RSD set up a tracking system that worked to the disadvantage of minority students and that system was based upon a measuring standard and methodology that was invalid, does not mean the RSD intended to discriminate against minority students. The possibility exists that the RSD may have just incompetently administered its tracking system. As a matter of fact, incompetency seems to be one of the main defenses offered by this school district.

  

As a result, Dr. Oakes then asked the next question: Did the RSD use these measures to narrow the range of ability among students and groups so that instruction could be appropriately targeted at homogeneous levels of ability that comprised each group? In other words, did it use this allegedly objective standard to do what it said it was trying to do? The court finds that the District did not.

  

At Eisenhower Middle School in 1988 and 1990, the reading comprehension scores of eighth graders enrolled in the basic history course ranged from the first to the seventy-second national percentile. At Lincoln Junior High School in 1988 and 1990, the math achievement scores of the eighth graders in honors science ranged from the thirty-sixth to the ninety-ninth percentile. At Guilford High School, during the same period of time, tenth graders enrolled in the slow college prep track courses had math scores that ranged from the first to the ninety-ninth percentile. The actual data relied upon by Dr. Oakes is found in the charts and tables below. The court finds that the matters contained in those tables are true and correct and are adopted as specific findings of this court. This data shows, and the record is replete with situations where, there were students (usually white) who scored below the national mean and who were still placed in honors classes and, incredibly, there were students (usually minority) who scored in the ninety-ninth percentile who were placed in basic classes.

  

Text continued on [slip op.] p.32.

  

Reading Achievement NP Ranges in Grade 5

  

Gifted v. Non-Gifted Classes

  

Quartiles

  

1986-1987

  

[SEE GRAPH IN ORIGINAL]

  

The graph indicates that students in the gifted reading program scored between the 60th percentile and the 99th percentile. The RSD's stated criteria for placement in the gifted reading program was a score of 90% or higher. Oakes, Test., Tr. at 892. Graph is based on two classes of fifth grade students at one unnamed school in the RSD during 1986-87.

  

1. National Percentile Range = 0 to 100%

  

2. Each vertical column suggests one entire student population. Each vertical box within the column equals a quartile. (25 percent of that population of students scored within each one of the boxes.)

  

3. The dots or zeroes located underneath the vertical column indicate outliers. Outliers represent individual students, or small groups of students, that had extreme scores not included in the quartile boxes. This is done so that one or two individual scores do not distort the over-all quartile box.

  

Reading Achievement NP Ranges in Grade 8

  

English Tracks -- West Middle School by Quartiles

  

1989-1990

  

[SEE GRAPH IN ORIGINAL]

  

The graph depicts student placement in grade eight English classes at West Middle School. The placement is based upon reading achievement scores. The graph shows that students in the honors track scored from the 40th percentile to the 99th percentile. The RSD's stated criteria for enrollment in honors English was a score of 85% or higher.

  

Students in the regular English track scored from about the 10th percentile to the 90th percentile. Students in the basic English track scored from the bottom of the scale to the 75th percentile.

  

Reading Achievement NP Ranges in Grade 8

  

Social Studies Tracks -- Lincoln Middle School by Quartiles

  

1989-1990

  

[SEE GRAPH IN ORIGINAL]

  

The graph depicts students reading achievement enrolled in grade eight honors Social Studies track scored from approximately the 60th percentile to the 99th percentile. Students in the regular track scored from about the 5th percentile to the 95th percentile. Students in the basic English track scored from approximately the 5th percentile to the 60 percentile.

  

"Particularly striking here again is that the regular track spans almost the entire achievement range, and the low track again extends into well over 50 percent." Oakes, Tr., Tr. at 894.

  

Math Achievement NP Ranges in Grade 8

  

Science Tracks -- Flinn Middle School by Quartiles

  

1989-1990

  

[SEE GRAPH IN ORIGINAL]

  

The graph depicts students math achievement enrolled in grade eight honors Science track scored from the 50th percentile to the 99th percentile. Students in the regular Science track scored from about the 5th percentile to the 99th percentile. Students in the basic Science track scored from the bottom of the scale to about the 60 percentile.

  

As the graph depicts, there are students in the basic track who scored higher than students who are in the honors track.

  

Math Achievement NP Ranges in Grade 10

  

Science Tracks -- West Senior High School by Quartiles

  

1986-1987

  

[SEE GRAPH IN ORIGINAL]

  

The graph "shows that there's almost no difference, that all three levels -- honors, regular, and basic -- span nearly the entire range of achievement. And here there's virtually no difference between the average scores of the honors and the regular track. Oakes, Test., Tr. at 896.

  

Math Achievement NP Ranges in Grade 10

  

Mathematics Tracks -- West Senior High School by Quartiles

  

1986-1987

  

[SEE GRAPH IN ORIGINAL]

  

Math Achievement NP Ranges in Grade 10

  

Science Tracks -- Auburn Senior High School by Quartiles

  

1986-1987

  

[SEE GRAPH IN ORIGINAL]

  

Reading Achievement NP Ranges in Grade 10

  

English Tracks -- West Senior High School by Quartiles

  

1986-1987

  

[SEE GRAPH IN ORIGINAL]

  

"Again, we see this picture of very little differentiation in the scores, . . ." Oakes, Test., Tr. at 898.

  

The RSD did not track students objectively. The RSD did not narrow the range of student achievement to justify the targeting of curriculum and instruction to groups of students who were similar. Students at all levels of ability were found in nearly all classes. In fact, the grouping that was done by the RSD was not homogenous or achievement grouping. The tracking system was an arbitrary system where children were placed into rigid tracks. The court further finds that the Rockford school system consistently used test scores that did not relate to or match the class in which the students were being grouped.

  

The court also specifically finds that once a child was ability grouped in the RSD it was very difficult or almost impossible to change ability groups. Mr. Bowen called these groups "tubes" and referred to the fact that the initial placement of a child by ability grouping set the child on a course, or put him in a tube, from which he was unlikely to emerge at any time during his contact with the RSD. This conclusion was enforced by the curriculum guide of Jefferson High School in 1988-89 which stated:

  

English, social studies, mathematics, and science offer different difficulty levels of the same subject. The most difficult are labeled accelerated or honors, and the least difficult fundamental or basic. Every attempt is made to properly place students upon their entry into Jefferson High School, and it is rare that a student is moved from one level to another.

  

The RSD set up a rigid tracking placement program. Once a student was labeled as being basic, low level or honors, the student maintained that label from kindergarten through twelfth grade.

  

In addition, the court finds that a low level or basic ability grouping would deprive students of the opportunity for various educational experiences, particularly in the mathematics and science field. If a child did not take algebra in the eighth grade, for example, he or she had no chance of taking calculus before completing his or her education in the RSD. In mathematics and science there was a system of prerequisite courses that meant that only the honors students in the lower grades could take certain courses in high school. Dr. Oakes described this system as:

  

The most rigid system I have ever seen. It is the only instance where I've seen a written policy that specifies such a complex and multi-layered process that the student has to go through if there is a sense that the student has been misplaced.

  

Oakes Test., Tr. at 914-915.

  

Dr. Oakes also examined the relationship between the way the District used its measurements of achievement in placing students in groups and the rigidity of that grouping system in maintaining disproportionate class assignment. Dr. Oakes made several complex analyses. The court will not repeat all of those analyses. The syllogism is, however, quite easily restated. Most of the honors programs in the RSD were dominated by white students. Most of the basic programs were dominated by minority students. The placement of these students was by allegedly objective standardized tests. The tests were of questionable value as far as being used for this purpose and were probably culturally biased. Leaving that aside, the Rockford School District did not objectively use this testing procedure. A African-American student scoring well on the test did not have the same placement opportunities as a similar scoring white student. A white student scoring poorly on the test had more opportunities than a similar scoring African-American student. A white student scoring well on these tests was virtually guaranteed opportunities that high scoring blacks were denied.

  

Text continued on [slip op.] p.77.

  

5. Did the way the district used scores for placement and/or the rigidity of the grouping system contribute to racially disproportionate class assignments?

  

5.1. Within the wide, overlapping ranges of achievement among Rockford's tracks and class ability levels, there are clear patterns of racial bias in class placements at the elementary, junior, and senior high levels. The result was that groups of higher track students whose scores fell within a range that would qualify them for participation in either a higher or lower track (i.e., their scores were the same as students in the lower track) were consistently "whiter" than groups of students whose scores fell within that same range but were placed in the lower track. (See attached figures showing percentages of black students in overlapping ranges of track levels.)

  

5.2. At the elementary and junior high level, in particular, black students whose achievement scores qualified them for two or more tracks were far more likely to be placed in the lower than the higher track for which they qualified. For example, one would expect the representation ratio for students whose scores "qualified" them for either a higher or lower track to be 1.00. However, racial differences in representation in tracks were such that Black students had considerably lower representation ratios and whites considerably higher. (See attached table.) At the elementary level, this is exemplified by comparing the placements of similarly scoring Black and white students in Gifted and non-Gifted classes. Here, we find that the representation ratio in the 2nd grade Gifted classes for Black students whose scores qualified them for either the Gifted or regular class was .75 for math and .84 for reading (considerably lower than what would be normally expected). In contrast, their representation ratio in the non-gifted class was 1.02 slightly larger than expected. Whites in the same achievement range had a representation ratio of 1.04 and 1.01 in the gifted classes and 1.00 in the non-gifted classes, as would be expected. Even so, these ratios for 2nd graders are conservative, and undoubtedly inflated for Blacks, given the inclusion in our analysis of the separate, minority "pilot" gifted program at Barbour. More striking, at grade 5, none of the Black students whose reading and/or math achievement matched those of gifted white students were placed in gifted classes at King.

  

Similar, striking patterns are found at the junior high school level. (See attached table.) For example, at West, the representation ratio in the 10th grade honors English classes for Black students whose scores qualified them for either the honors or regular course was .50 (only half what would be normally expected). In contrast, their representation ratio in the regular track was 1.32, considerably greater than expected. In contrast whites in the same achievement range had a representation ratio of 1.21 in the honors course, and only .87 in the regular course. This pattern of lower than expected representation ratios in higher tracks for qualifying Black students and higher than expected ratios in the lower track classes for which they qualified was found in 37 of the 39 instances that were examined (i.e., in every subject area at every middle school in 1989-1990 --the exceptions were found in science at Lincoln and in social studies at West). In contrast, qualifying White students were represented in higher tracks at expected or greater than expected ratios in 33 of 37 instances that were examined, and had ratios of representation in low tracks that were greater than expected in only 4 of the 37 instances. (Note: The smaller number of minority students and the larger number of classes in which they were dispersed made these representation ratios analyses unreliable at the senior high school. Small numbers of Hispanics also prevented drawing conclusions from these analyses at either the junior or senior high schools level.)

  

5.3. Other analyses underscore Rockford's racial bias in placement, beyond what would be expected by group differences in group achievement levels. In a number of cases, high track classes included exceptionally low scoring white students, but this was rarely the case for Blacks. Conversely, quite high scoring Blacks were often excluded from high track classes and, were often found, instead, in low track classes. Again, this was seldom the case for whites. For example, at both Jefferson and Guilford high schools in 1987, none of the Black students who scored in the top quartile (75-99 NP) on the CAP reading comprehension test were placed in high track English, compared with about 40% of top quartile whites who were enrolled in the high track. In contrast, at both these two schools and at West, a small fraction of white students who scored in the bottom quartile (1-25 NP) were in high track classes, while no similarly scoring Blacks were so placed. At East and Auburn, while some top-quartile Blacks were placed in Honors English, nearly twice as many top-scoring Blacks at East were in the Basic class. West High also placed a proportion of its top-quartile Black students in Basic English; no low scoring whites were so placed. Similar patterns are found in other subjects at the high schools. See attached figures.

  

At the junior highs, other specific examples are striking. For example, at Eisenhower, the range of reading comprehension scores among 8th graders enrolled in Basic English classes was from the 1st to the 72nd National Percentile. Of these, ten students scored above the national average of 50 NP. Six of the highest scoring, above average students were Black, including the highest achieving student in the class. One other of the above average students was Hispanic.

  

All of these analyses support the conclusion that Rockford's placement practices skewed enrollments in favor of whites over and above that which can be explained by measured achievement.

  

Supporting Data and Analyses

  

Percentage of students in overlapped range of qualifying achievement scores in regular & gifted grade 5 -- 1986-1987 -- by race (black, Hispanic, & white) and school -- See attached figures.

  

New analyses of the percentage of students in overlapped range of qualifying achievement scores in junior high school basic, regular, honors (or accelerated), and gifted courses in English & mathematics -- 1989-90 -- grade 8 by race (black, Hispanic, & white) & school. (Computed pairwise -- e.g., compare percentage of "overlap" students by race (black, Hispanic, & white) in basic and regular; then regular and honors, etc.)

  

New analyses of the percentage of students in overlapped range of qualifying achievement scores in high school basic, regular, honors (or accelerated), and gifted English and Science courses -- 1986-1987 grade 10 by race (black, Hispanic, & white) & school (Computed pairwise)

  

New analyses of the percentage of students in overlapped range of qualifying achievement scores in 4 types of high school math courses: a) non-college-bound math (basic, general, consumer, & business) b) slow-track college-bound math (Fund of Alg 1A-B; Fund of Algebra 2A-B), c) regular college bound (Geometry 1-2), d) fast-track college-bound (Honors Geometry, Intermediate Algebra, Algebra 3) by race (black, Hispanic, & white) & school (Computed pairwise)

  

  

EISENHOWER MIDDLE SCHOOL -- 1989-1990

  

ENGLISH -- GRADE 8

  

Ranges of Student Achievement in Courses at Different Track Levels

  

Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Honors/regular overlapping qualifying score range =50-99 NP

  

% of overlapping range in honors level comprised of black students = 5%

  

% of overlapping range in regular level comprised of black students = 6%

  

Regular/basic overlapping qualifying score range = 1-72 NP

  

% of overlapping range in regular level comprised of black students = 24%

  

% of overlapping range in basic level comprised of black students = 56%

  

Honors/basic overlapping qualifying score range = 50-72 NP

  

% of overlapping range in honors level comprised of black students = 5%

  

% of overlapping range in basic level comprised of black students = 60%

  

Note: 6 of 7 highest scores in basic class are black, including the top scoring student at 72 NP

  

Note: Some of the percentages on this figure and those that follow (5.1-2-15) have been adjusted slightly from those presented in the March 9 report to make them consistent with the data presented in Tables 5.1 -- 16, 17, and 18. Changes in these percentages result from new analyses performed subsequent to closely examining the data at UCLA and eliminating ambiguous or partially missing cases.

  

EISENHOWER MIDDLE SCHOOL -- 1989-1990

  

HISTORY -- GRADE 8

  

Ranges of Student Achievement in Courses at Different Track Levels

  

Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Honors/regular overlapping qualifying score range = 64-99 NP

  

% of overlapping range in honors level comprised of black students = 3%

  

% of overlapping range in regular level comprised of black students= 5%

  

Regular/basic overlapping qualifying score range = 1-75 NP

  

% of overlapping range in regular level comprised of black students = 20%

  

% of overlapping range in basic level comprised of black students = 44%

  

Honors/basic overlapping qualifying score range = 64-75

  

% of overlapping range in honors level comprised of black students = 0%

  

% of overlapping range in basic level comprised of black students = 1%

  

EISENHOWER MIDDLE SCHOOL -- 1989-1990

  

MATH -- GRADE 8

  

Ranges of Student Achievement in Courses at Different Track Levels

  

Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Honors/regular overlapping qualifying score range = 76-98 NP

  

% of overlapping range in honors level comprised of black students = 3%

  

% of overlapping range in regular level comprised of black students = 6%

  

Regular/basic overlapping qualifying score range = 3-67 NP

  

% of overlapping range in regular level comprised of black students = 31%

  

% of overlapping range in basic level comprised of black students = 49%

  

FLINN MIDDLE SCHOOL -- 1989-1990

  

HISTORY -- GRADE 8

  

Ranges of Student Achievement in Courses at Different Track Levels

  

Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Honors/regular overlapping qualifying score range = 28-99 NP

  

% of overlapping range in honors level comprised of black students = 8%

  

% of overlapping range in regular level comprised of black students = 17%

  

Regular/basic overlapping qualifying score range = 1-53 NP

  

% of overlapping range in regular level comprised of black students = 24%

  

% of overlapping range in basic level comprised of black students = 25%

  

Honors/basic overlapping qualifying score range = 28-53 NP

  

% of overlapping range in honors level comprised of black students= 16%

  

% of overlapping range in basic level comprised of black students = 20%

  

FLINN MIDDLE SCHOOL -- 1989-1990

  

ENGLISH -- GRADE 8

  

Ranges of Student Achievement in Courses at Different Track Levels

  

Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Honors/regular overlapping qualifying score range = 47-95 NP

  

% of overlapping range in honors level comprised of black students = 10%

  

% of overlapping range in regular level comprised of black students = 15%

  

Regular/basic overlapping qualifying score range = 1-53 NP

  

% of overlapping range in regular level comprised of black students = 26%

  

% of overlapping range in basic level comprised of black students = 27%

  

Honors/basic overlapping qualifying score range = 47-53

  

% of overlapping range in honors level comprised of black students = 0%

  

% of overlapping range in basic level comprised of black students = 0%

  

WEST MIDDLE SCHOOL -- 1989-1990

  

ENGLISH -- GRADE 8

  

Ranges of Student Achievement in Courses at Different Track Levels

  

Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Honors/regular overlapping qualifying score range = 41-95 NP

  

% of overlapping range in honors level comprised of black students = 11%

  

% of overlapping range in regular level comprised of black students = 38%

  

Regular/basic overlapping qualifying score range = 1-47 NP (note: outlier at 64% in basic)

  

% of overlapping range in regular level comprised of black students = 42%

  

% of overlapping range in basic level comprised of black students = 50%

  

Honors/basic overlapping qualifying score range = 31-42

  

% of overlapping range in honors level comprised of black students= 0%

  

% of overlapping range in basic level comprised of black students= 20%

  

LINCOLN MIDDLE SCHOOL -- 1989-1990

  

SCIENCE -- GRADE 8

  

Ranges of Student Achievement in Courses at Different Track Levels

  

Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Honors/regular overlapping qualifying score range = 36-99

  

% of overlapping range in honors level comprised of black students = 3%

  

% of overlapping range in regular level comprised of black students = 11%

  

Regular/basic overlapping qualifying score range = 1-62 NP

  

% of overlapping range in regular level comprised of black students = 19%

  

% of overlapping range in basic level comprised of black students = 21%

  

Honors/basic overlapping qualifying score range = 36-62 NP

  

% of overlapping range in honors level comprised of black students = 33%

  

% of overlapping range in basic level comprised of black students = 67%

  

LINCOLN MIDDLE SCHOOL -- 1989-1990

  

SCIENCE -- GRADE 8

  

Ranges of Student Achievement in Courses at Different Track Levels

  

Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Honors/regular overlapping qualifying score range = 36-99

  

% of overlapping range in honors level comprised of black students = 3%

  

% of overlapping range in regular level comprised of black students = 11%

  

Regular/basic overlapping qualifying score range = 1-62 NP

  

% of overlapping range in regular level comprised of black students = 19%

  

% of overlapping range in basic level comprised of black students = 21%

  

Honors/basic overlapping qualifying score range = 36-62 NP

  

% of overlapping range in honors level comprised of black students = 33%

  

% of overlapping range in basic level comprised of black students = 67%

  

GUILFORD HIGH SCHOOL -- 1986-1987

  

MATH -- GRADE 10

  

Ranges of Student Achievement in Courses at Different Track Levels

  

Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Geometry/Fund Alg 2 overlapping qualifying score range = 26-96 NP

  

% of overlapping range in geometry comprised of black students = 0%

  

% of overlapping range in Fund algebra 2 comprised of black students = 8%

  

Geometry/Fund Alg 1 overlapping qualifying score range = 26-99 NP

  

% of overlapping range in geometry comprised of black students = 0%

  

% of overlapping range in Fund algebra 1 comprised of black students = 10%

  

Geometry/Non College overlapping qualifying score range = 26-99 NP

  

% of overlapping range in geometry comprised of black students = 0%

  

% of overlapping range in Non College comprised of black students = 44%

  

Fund Alg 2/Fund Alg 1/Non College overlapping qualifying score range = 1-99 NP

  

% of overlapping range in Fund algebra 2 comprised of black students = 8%

  

% of overlapping range in Fund algebra 1 comprised of black students = 10%

  

% of overlapping range in Non College comprised of black students = 49%

  

WEST HIGH SCHOOL -- 1986-1987

  

SCIENCE -- GRADE 10

  

Ranges of Student Achievement in Courses at Different Track Levels Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Honors/regular overlapping qualifying score range = 16-96

  

% of overlapping range in honors level comprised of black students = 7%

  

% of overlapping range in regular level comprised of black students = 27%

  

Regular/basic overlapping qualifying score range = 1-67 NP

  

% of overlapping range in regular level comprised of black students = 38%

  

% of overlapping range in basic level comprised of black students = 58%

  

Honors/basic overlapping qualifying score range = 16-67 NP

  

% of overlapping range in honors level comprised of black students = 10%

  

% of overlapping range in basic level comprised of black students = 53%

  

AUBURN HIGH SCHOOL -- 1986-1987

  

ENGLISH -- GRADE 10

  

Ranges of Student Achievement in Courses at Different Track Levels Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Honors/regular overlapping qualifying score range = 36-99 NP

  

% of overlapping range in honors level comprised of black students = 17%

  

% of overlapping range in regular level comprised of black students = 28%

  

Regular/basic overlapping qualifying score range = 1-99 NP

  

% of overlapping range in regular level comprised of black students = 36%

  

% of overlapping range in basic level comprised of black students = 58%

  

Honors/basic overlapping qualifying score range = 36-99 % of overlapping range in honors level comprised of black students = 17% % of overlapping range in basic level comprised of black students = 47%

  

Note: 4 students in the basic level scored in the 99 NP; 3 of these students were black.

  

WEST HIGH SCHOOL -- 1986-1987

  

U.S. HISTORY -- GRADE 10

  

Ranges of Student Achievement in Courses at Different Track Levels Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

High/regular overlapping qualifying score range = 36-95

  

% of overlapping range in high level comprised of black students = 7%

  

% of overlapping range in regular level comprised of black students = 38%

  

Note: U.S. History Seminary (high) enrolled 1 white student who scored in the 7 NP (an outlier not included in the range).

  

EAST HIGH SCHOOL -- 1986-1987

  

ENGLISH -- GRADE 10

  

Ranges of Student Achievement in Courses at Different Track Levels Overlap in Qualifying Ranges Between Track Levels

  

Racial Composition of Overlapping Achievement Ranges

  

[SEE GRAPH IN ORIGINAL]

  

Honors/regular overlapping qualifying score range = 31-99 NP

  

% of overlapping range in honors level comprised of black students = 5%

  

% of overlapping range in regular level comprised of black students = 29%

  

Regular/basic overlapping qualifying score range = 1-66 NP

  

% of overlapping range in regular level comprised of black students = 20%

  

% of overlapping range in basic level comprised of black students = 41%

  

Honors/basic overlapping qualifying score range = 31-66

  

% of overlapping range in honors level comprised of black students = 17%

  

% of overlapping range in basic level comprised of black students = 41%

  

Note: 1 black student in the basic level scored 99 NP (outlier not counted in the computation of score range).

  

Racial Composition of English Overlaps and English Tracks by School

  

Grade 8

  

1989-1990

   Overlap 1 Overlap 2 Track 1 Track 2 Track 2 Track 3 N Percent N Percent N Percent N Percent Eisenhower White 50 87.7 128 88.3 89 67.9 14 34.1 Black 3 5.3 9 6.2 32 24.4 23 56.1 Hispanic 0 0 2 1.4 5 3.8 3 7.3 Other 4 7.0 6 4.1 5 3.8 1 2.4 Flinn White 48 85.7 189 78.8 25 65.8 9 60.0 Black 6 10.7 38 15.8 10 26.3 4 26.7 Hispanic 0 0 7 2.9 3 7.9 2 13.3 Other 2 3.6 6 2.5 0 0 0 0 Lincoln White 55 84.6 80 86.0 No Track 3 at Lincoln Black 1 1.5 7 7.5 Hispanic 2 3.1 1 1.1 Other 7 10.8 5 5.4 West White 59 84.3 77 60.2 92 55.4 39 46.4 Black 8 11.4 48 37.5 69 41.6 42 50.0 Hispanic 2 2.9 1 0.8 3 1.8 3 3.6 Other 1 1.4 2 1.6 2 1.2 0 0

  Racial Composition of Math Overlaps and Math Tracks by School

  Grade 8 1989-1990 Overlap 1 Overlap 2 Track 1 Track 2 Track 2 Track 3 N Percent N Percent N Percent N Percent Eisenhower White 58 87.9 94 87.9 65 60.2 17 43.6 Black 2 3.0 6 5.6 34 31.5 19 48.7 Hispanic 0 0 2 1.9 7 6.5 3 7.7 Other 6 9.1 5 4.7 2 1.9 0 0 Flinn White 44 80.0 128 79.5 63 64.3 20 56.7 Black 4 7.3 24 14.9 29 29.6 34 33.3 Hispanic 3 5.5 4 2.5 5 5.1 4 6.7 Other 4 7.3 5 3.1 1 1.0 2 3.3 Lincoln White 40 71.4 91 79.8 48 62.3 31 72.1 Black 4 7.1 12 10.5 11 14.3 11 25.6 Hispanic 5 8.9 4 3.5 12 15.6 0 0 Other 7 12.5 7 6.1 6 7.8 1 2.3 West White 102 79.1 119 57.2 5 100.0 22 45.8 Black 20 15.5 85 40.9 0 0 22 45.8 Hispanic 4 3.1 3 1.4 0 0 4 8.3 Other 3 2.3 1 0.5 0 0 0 0

  Racial Composition of Math Overlaps and Math Tracks by School

  Grade 10 1986-1987 Overlap 1 Overlap 2 Track 1 Track 2 Track 2 N % N % N % N % Auburn White 16 72.7 5 62.5 0 0 32 64 Black 5 22.7 3 37.5 0 0 17 34 Hispanic 0 0 0 0 0 0 1 2 Other 1 4.5 0 0 0 0 0 0 West White 27 81.8 10 83.3 0 0 37 71.2 Black 3 9.1 2 16.7 0 0 11 21.2 Hispanic 3 9.1 0 0 0 0 3 5.8 Other 0 0 0 0 0 0 1 1.9 East White 51 86.4 26 74.3 1 50.0 124 71.7 Black 7 11.9 5 14.3 0 0 34 19.7 Hispanic 0 0 2 5.7 0 0 7 4.0 Other 1 1.7 2 5.7 1 50.0 8 4.6 Jefferson White 51 96.2 26 96.3 0 0 115 94.3 Black 1 1.9 0 0 0 0 6 4.9 Hispanic 0 0 0 0 0 0 1 0.8 Other 1 1.9 1 3.7 0 0 0 0 Guilford White 60 92.3 47 95.9 1 100.0 103 87.3 Black 0 0 0 0 0 0 11 9.3 Hispanic 0 0 0 0 0 0 1 0.8 Other 5 7.7 2 4.1 0 0 3 2.5 Overlap 3 Track 3 Track 4 N % N % Auburn White 7 41.2 43 43.9 Black 10 58.8 50 51.0 Hispanic 0 0 5 5.1 Other 0 0 0 0 West White 27 56.3 29 41.4 Black 19 39.6 32 45.7 Hispanic 2 4.2 7 10.0 Other 0 0 2 2.9 East White 11 73.3 64 61.0 Black 2 13.3 37 35.2 Hispanic 1 6.7 3 2.9 Other 1 6.7 1 1.0 Jefferson White 59 95.2 97 81.5 Black 3 4.8 16 13.4 Hispanic 0 0 15 4.2 Other 0 0 1 0.8 Guilford White 14 73.7 50 60.2 Black 2 10.5 31 37.3 Hispanic 1 5.3 2 2.4 Other 2 10.5 0 0

  Representation Ratios for Qualifying Scores (NTBS National Percentiles) and Gifted Program Elementary Schools 1986-87 Black White Hispanic Black White Hispanic Grade Subject Gifted Gifted Gifted Not Gifted Not Gifted Not Gifted 2 MATH .74 1.04 1.50 1.02 1.00 .97 2 READING .89 1.01 2.48 1.01 1.00 .90 5 MATH 0 1.21 0 1.05 .99 1.05 5 READING 0 1.17 0 1.06 .99 1.06

  Representation Ratios for Qualifying Scores (NTBS National Percentile) and Tracks Middle Schools, Grade 8, 1989-90 Tracks 1 & 2 Overlap Black White Hisp Black White Hisp Subject School Tr1 Tr1 Tr1 Tr2 Tr2 Tr2 Math Eisenhower .66 1.00 0 1.21 1.00 1.62 Flinn .56 1.01 1.68 1.15 1.00 .77 Lincoln .76 .92 1.69 1.12 1.04 .66 West .50 1.21 1.49 1.32 .87 .69 Science Eisenhower .73 1.03 0 1.04 1.00 1.16 Flinn .26 1.11 0 1.20 .97 1.26 Lincoln .44 1.00 .52 1.18 1.00 1.15 West .45 1.16 2.48 1.20 .94 .47 Soc Studies Eisenhower .69 1.02 0 1.06 1.00 1.19 Flinn .51 1.06 .93 1.09 .99 1.01 Lincoln .36 1.15 0 1.20 .95 1.31 West No Track 1 at West English Eisenhower .89 1.00 0 1.05 1.00 1.39 (READNP) Flinn .72 1.07 0 1.07 .98 1.23 Lincoln .30 .99 1.62 1.49 1.01 .57 West .40 1.23 1.89 1.33 .88 .52 English Eisenhower .91 .99 0 1.03 .98 1.34 (LANGNP) Flinn 1.07 .99 0 .97 1.01 1.45 Lincoln .20 1.02 1.43 1.43 .99 .77 West .43 1.20 1.68 1.38 .87 .55 Tracks 2 & 3 Overlap Black White Hisp Black White Hisp Subject School Tr2 Tr2 Tr2 Tr3 Tr3 Tr3 Math Eisenhower .87 1.08 .95 1.35 .78 1.13 Flinn .95 1.05 .90 1.08 .92 1.17 Lincoln .78 .95 1.56 1.40 1.10 0 West 0 1.96 0 1.10 .90 1.10 Science Eisenhower .80 1.12 1.11 1.48 .72 .97 Flinn .85 1.05 1.29 1.22 .93 .56 Lincoln 1.14 .85 1.47 .78 1.25 .26 West No Track 3 at West Soc Studies Eisenhower .89 1.05 1.08 1.57 .75 .58 Flinn .96 .97 1.56 1.03 1.03 .58 Lincoln .83 .92 1.77 1.23 1.10 0 West 1.08 .97 .82 .45 1.22 2.17 English Eisenhower .76 1.14 .82 1.75 .57 1.57 (READNP) Flinn 1.00 1.03 .84 1.01 .94 1.41 Lincoln No Track 3 at Lincoln West .94 1.06 .75 1.13 .89 1.49 English Eisenhower .77 1.12 .81 1.76 .59 1.62 (LANGNP) Flinn .98 1.01 .88 1.16 .86 2.27 Lincoln No Track 3 at Lincoln West .99 1.03 .65 1.02 .96 1.57

  Note : For Blacks assigned to Track 1, the representation ratio is the proportion of Blacks in Track 1 divided by the proportion of Blacks in the Tracks 1 and 2 overlap. Similar meanings apply for Whites and Hispanics and for the other Tracks. If the representation ratio equals 1.0, then that group is represented in that Track in exact proportion to the group's representation in the overlap. Thus, if race is not relevant, we expect these representation ratios to be close to 1.0. A representation ratio less than 1.0 indicates underrepresentation in that Track. A representation ratio greater than 1.0 indicates overrepresentation in that Track.

  Instructions On How To Interpret The Following Distribution Graphs

  The following exhibits graphically represent English class track placements matched against reading achievement scores and Science class track placements matched against math achievement scores for RSD high schools during the years 1986-1987.

  The first two exhibits in the next sequence, pages 57 and 58, show the distribution for Jefferson High School. The first page shows the top two quartiles of reading achievement. The top row of boxes represent the students who scored in quartile 1. There is a small "Q-1" located on the side of the top row of boxes. Quartile 1 represents students scoring between the 75th and 99th percentile. The box on the left side of the page represents black students. The box on the right side represents white students. The numbers on the vertical axis of each box indicate the percentage of the total population scoring within each quartile. The numbers along the horizontal axis of each box (1,2,3) are the various tracks. One represents the accelerated or honors track, two represents the average or regular track and three represents the basic of low track.

  Page 57 shows that 100 percent of the black students enrolled in Jefferson High School, grade 10, English classes, who scored in quartile 1 (box, upper left) were placed in the regular or average track classes. Looking at the comparable group of white students, you see that approximately 40 percent of the white students scoring in quartile 1 (box, upper right) were placed in the accelerated or honors track classes. Sixty percent of the white students scoring in quartile 1 were placed in the average or regular track, and a very small fraction of top scoring white students were placed in the lower or basic track.

  Page 58 shows the placement of black and white students who scored in quartile 3 and 4.

  These exhibits:

  

Underscore[] that there was a racial bias in Rockford's placement practices beyond what would be expected by group differences in achievement levels. In a number of cases, high track classes included exceptionally low scoring white students, but this was rarely the case for blacks. Conversely, quite high scoring black students were often excluded from high track classes and were found instead in low track classes, and again this exclusion of high achieving whites from the high tracks was seldom the case.

  Oakes, Trans., Tr. at 944.

  Grade 10 English Track Distribution of Reading Achievement Quartiles by Race

  Jefferson Senior High School -- 1986-1987

  [SEE GRAPH IN ORIGINAL]

  Note: 1 = honors or accelerated track; 2 = regular or average track; 3 = basic or low track

   Grade 10 English Track Distribution of Reading Achievement Quartiles by Race

  Guilford Senior High School -- 1986-1987

  [SEE GRAPH IN ORIGINAL]

  Note: 1 = honors or accelerated track; 2 = regular or average track; 3 = basic or low track

  Grade 10 English Track Distribution of Reading Achievement Quartiles by Race

  East Senior High School -- 1986-1987

  [SEE GRAPH IN ORIGINAL]

  Note: 1 = honors or accelerated track; 2 = regular or average track; 3 = basic or low track

  Grade 10 English Track Distribution of Reading Achievement Quartiles by Race

  West Senior High School -- 1986-1987

  [SEE GRAPH IN ORIGINAL]

  Note: 1 = honors or accelerated track; 2 = regular or average track; 3 = basic or low track

  Grade 10 English Track Distribution of Reading Achievement Quartiles by Race

  Auburn Senior High School -- 1986-1987

  [SEE GRAPH IN ORIGINAL]

  Note: 1 = honors or accelerated track; 2 = regular or average track; 3 = basic or low track

  Grade 10 Science Track Distribution of Reading Achievement Quartiles by Race

  East Senior High School -- 1986-1987

  [SEE GRAPH IN ORIGINAL]

  Note: 1 = honors or accelerated track; 2 = regular or average track; 3 = basic or low track

  Grade 10 Science Track Distribution of Reading Achievement Quartiles by Race

  West Senior High School -- 1986-1987

  [SEE GRAPH IN ORIGINAL]

  Note: 1 = honors or accelerated track; 2 = regular or average track; 3 = basic or low track

  Grade 10 English Track Distribution of Reading Achievement Quartiles by Race

  Guilford Senior High School -- 1986-1987

  [SEE GRAPH IN ORIGINAL]

  Note: 1 = honors or accelerated track; 2 = regular or average track; 3 = basic or low track

  Grade 10 English Track Distribution of Reading Achievement Quartiles by Race

  Auburn Senior High School -- 1986-1987

  [SEE GRAPH IN ORIGINAL]

  Note: 1 = honors or accelerated track; 2 = regular or average track; 3 = basic or low track

  Grade 10 English Track Distribution of Reading Achievement Quartiles by Race

  Jefferson Senior High School -- 1986-1987

  [SEE GRAPH IN ORIGINAL]

  Note: 1 = honors or accelerated track; 2 = regular or average track; 3 = basic or low track

  The foregoing graphs and charts demonstrate that in all schools and in all subject areas race contributed to class assignment and track placement. African-American students who qualified for two or more tracks above the level at which they were placed, were placed in the lower track rather than in the higher tracks, a track they had little or no chance of ever leaving.

  All of this data shows that the RSD placement practices skewed enrollment in favor of whites. Mr. Bowen's testimony indicated that he knew since the 1960's that minority students had a level of ability that was inconsistent with their being in the remedial tracks into which they were placed. Further, the numbers and the patterns were obvious to anyone who observed or participated in the school system.

  The tracking system used by the RSD did not remedy differences or ameliorate disparities in achievement among racial groups, nor did it function to move students out of the low level track or move minority children into the high level track. The ability grouping used by the RSD, therefore, cannot be justified as an attempt to target minority students with the hope of advancing them to higher achievement levels. The grouping practices used created racially identifiable classrooms, provided unequal opportunities to learn and served no remedial function for minority students. These practices did not even enable minority students to sustain their position relative to white students in the district achievement hierarchy.

  Dr. Oakes expressed her opinion, and this court agrees and does hereby find, that there was a pattern of intentional system-wide discrimination against African-American and Latino students in the RSD. The RSD and the people who operated the RSD knew about it, understood what was happening and even, at times, exerted some effort to correct it. All attempts to correct the situation were short-lived and, in the court's opinion, woefully inadequate.

  CONCLUSIONS OF LAW

  The basic principle governing this case is that governmental authorities may not intentionally segregate or discriminate against minority students because of their race. Keyes v. School District No. 1, 413 U.S. 189, 213-14, 37 L. Ed. 2d 548, 93 S. Ct. 2686 (1973); United States v. Yonkers Bd. of Educ., 624 F. Supp. 1276 (S.D.N.Y. 1985), aff'd, 837 F.2d 1181 (2nd Cir. 1987), cert. denied, 487 U.S. 1251 (1988). This principle derives from the Equal Protection Clause, that provides that "no State . . . shall deny to any person within its jurisdiction the equal protection of the laws." The Equal Protection Clause requires State and local governments to treat similarly situated groups of persons in a similar fashion when classifying people to receive particular benefits and burdens. Hooper v. Bernalillo County Assessor, 472 U.S. 612, 618, 86 L. Ed. 2d 487, 105 S. Ct. 2862 (1985). In considering the degree of racial imbalance in a school system, courts have considered African-Americans and Hispanics as a group when there is evidence that both groups were victims of discrimination. See Keyes, 413 U.S. at 197-98; Yonkers, 837 F.2d at 1226; Hart v. Community School Bd. of Educ., New York School Dist. No. 21, 383 F. Supp. 699, 733 (E.D.N.Y. 1974), aff'd, 512 F.2d 37, 45 n.10 (2nd Cir. 1975).

  The conduct of individual employees of a school district is relevant in determining the district's liability, even if the conduct was not taken pursuant to a formal policy of the district. Yonkers, 624 F. Supp. at 1447 n.112. Imposing liability in these circumstances comports with the general rule that a municipality may be held liable for the unconstitutional acts of its employees in circumstances where there is a continuing widespread pattern of such conduct. See, e.g., Brown v. City of Ft. Lauderdale, 923 F.2d 1474, 1480-81 (11th Cir. 1991); Spell v. McDaniel, 824 F.2d 1380, 1387 (4th Cir. 1987), cert. denied, 484 U.S. 1027, 108 S. Ct. 752, 98 L. Ed. 2d 765 (1988). Accordingly, liability in a case such as this is not predicated on an isolated instance of unauthorized discriminatory conduct against an individual victim but on the district's conduct in the face of a pattern of discriminatory acts and omissions over time. Id. See Turpin v. Mailet, 619 F.2d 196 (2nd Cir.), cert. denied, Haas, 601 F.2d 1242 (2nd Cir.), cert. denied, 445 U.S. 980 (1979).

  In school desegregation cases, courts have frequently addressed claims that minority students were not afforded an equal educational opportunity. See Yonkers, 624 F. Supp. at 1530; Berry v. School Dist. of Cty. of Benton Harbor, 442 F. Supp. 1280, 1306 (W.D. Mich. 1977); Morgan v. Hennigan, 379 F. Supp. 410, 463 (D. Mass. 1974); Oliver v. Kalamazoo Bd. of Educ., 368 F. Supp. 143, 176 (W.D. Mich. 1973); Spangler v Pasadena Cty. Bd. of Educ., 311 F. Supp. 501, 524 (C.D. Cal. 1970); Hobson v. Hansen, 269 F. Supp. 401 (D.D.C.), aff'd, 408 F.2d 175, 132 U.S. App. D.C. 372 (D.C. Cir. 1969) (en banc). Aside from any other considerations, the constitutional rights of minority students are violated when intentional State conduct results in a lower quality education for minority students than that provided to majority students. See id. This rule applies not only to instances where the government conduct has initially brought about the unequal conditions, but also in circumstances where responsibility officials have failed to eliminate inequalities with respect to matters within their continuing charge. Price v. Denison Indep. School Dist., 694 F.2d 334, 371 (5th Cir. 1982); Yonkers, 624 F. Supp. at 1430.

  Disparities in curricula may also deny an equal educational opportunity to minority students. See, e.g., Yonkers, 624 F. Supp. at 1530; Oliver, 368 F. Supp. at 175 (students at a minority junior high school deprived of the variety of course offerings available at white junior high schools); Berry, 442 F. Supp. at 1305 ("new math" taught in white schools but "old math" taught in African-American schools). Tracking practices not only contribute to segregated conditions but may also deny to minority students the same educational opportunities afforded to majority students. Yonkers, 624 F. Supp. at 1445; Berry, 442 F. Supp. at 1306; Spangler, 311 F. Supp. at 519; Hobson, 269 F. Supp. at 443. Tracking denies minority students equal educational opportunity in circumstances where the classifications employed do not adequately reflect students' abilities and where students are locked into a single track of curriculum. See Hobson, 269 F. Supp. at 513. Moreover, teachers acting under frequently false assumptions from test scores are prone to treat these students in such a way that the students' performance conforms to the teachers' low expectations. Id. at 514. Thus, certain tracking systems amount to unlawful discrimination against students whose educational opportunities are limited on the assumption that they are incapable of doing more. Id.

  In examining a tracking or ability grouping program, a court should scrutinize the principles underlying the program as well as the procedures and standards for making grouping assignments. See Spangler, 311 F. Supp. at 519-20 (segregated grouping assignments resulted from racially discriminatory "intelligence" tests, misguided assumptions by teachers and counselors about the abilities of African-American students and the effects of white parents' intervention in the placement process) cf. Vaughns v. Bd. of Educ. of Prince George County, 758 F.2d 983, 992 (4th Cir. 1985) (county adopted alternative means of selecting students for gifted programs because of possible cultural bias inherent in standardized testing). One important factor in evaluating an ability grouping program is whether the program, once sufficiently established, is effective in overcoming the problems it was designed to address. See United States v. Gadsden Co. School Dist., 572 F.2d 1049, 1052 (5th Cir. 1978). In this regard, movement of students between ability groups provides a crucial indication: if ability grouping is providing all students with better educational opportunities, there should be movement of students from the lower sections to higher sections. Id. ; see also, Quarles v. Oxford Municipal Separate School Dist., 868 F.2d 750, 755 (5th Cir. 1989) (court notes impressive degree of movement among achievement levels by African-American students as well as white students). In an unlawful program, minority students may be locked into achievement groups and fail to move upward over time. cf. Georgia State Conference of Branch of NAACP v. Georgia, 775 F.2d 1403, 1419-20 (11th Cir. 1985).

   Plaintiffs' claims require proof of three elements: (1) "segregation or discrimination" (minority students must in fact have experienced either segregated conditions or suffered the effects of discriminatory conduct -- or both); (2) "causation" (school authorities must have caused, created or maintained such segregation or discrimination); and (3) "intent" (the conduct of school officials must have been "intentional"). Keyes, 413 U.S. at 213-14; Yonkers, 624 F. Supp. at 1378.

  The court finds, based upon an application of the facts of this case to the principles of law set forth above, that the RSD intentionally segregated and, therefore, discriminated against its minority students through the use of its ability grouping and tracking practices. The RSD both created this segregation by using invalid testing procedures and employing arcane assumptions and maintained such segregation by locking minority students into lower-track classes with little or no hope of ever moving upward. The placement of minority students into lower-track classes was not justified by either the capabilities or the achievements of the students. The RSD tracking practices historically produced racially identifiable classes and courses. Further, the court finds that the RSD was aware of its practices and the results.

  SEGREGATION OF STUDENTS BY RACE WITHIN SCHOOLS

  INTRODUCTION

  This section addresses the segregation of students within the schools of the RSD. The RSD, in several instances, used student assignment and educational programming to separate students by race within a school. This pattern was evident in a wide range of purported "desegregation" transfer programs and was equally evident in the manner in which students were assigned to courses and classes within schools.

  As described in the section on student assignment, (page 142, within) when the RSD was first compelled by the Illinois State Board of Education (hereinafter "ISBE") and the QUEFAC court to engage in desegregation activity, the RSD adopted techniques that did not bring about any real racial interaction. The techniques used included intact busing and part-time programs. Such programs either did not mix students together at all or mixed students for only a few days a year. According to RBE member Colleen Holmbeck, the RSD was preoccupied with "numerical" desegregation as opposed to meaningful and interactive desegregative measures.

  At the same time, the RSD began to mandatorily assign African-American/Hispanic students to Eastside white schools. Once there, however, these students were segregated within the schools, either by "ability-grouping" practices or by other aspects of school operations. This pattern of within-school segregation of mandatory transfer students continued through the 1970's and 1980's.

  When intact busing and part-time programs were rejected by the QUEFAC court and the ISBE in the mid-1970's, the RSD experimented briefly with both full-site and partial-site programs. *fn6" The full-site programs included some voluntary measures, such as focus centers and open enrollment. In this context, the RSD's one-way mandatory busing of African-American students at both the elementary and secondary levels may also be viewed as a full-site program (in theory if not in practice). At the same time in the mid-1970's, RSD also began experimenting with partial-site voluntary desegregation programs, to which student transfers were attracted by unique educational offerings.

  After brief experience with both types of programs, the RSD's favorite desegregation technique for white students became the partial-site alternative program, preferably one with academic entrance criteria. Using this technique, groups of white students were placed in predominantly minority schools, but kept in separate programs so that they had little interaction with minority students. The essence of this device was to count desegregation solely in terms of the total enrollment of a building, despite the continued separation of the students in that building, both educationally and socially.

  The director of the RSD's Gifted program, Mr. Heideman, captured the essence of this historical policy in a 1990 memorandum to Superintendent Maurice Sullivan. Heideman Memo to Supt. Sullivan, 3/30/90, B507336. He described the policy as one "utilizing predominantly white children to attend a high minority impacted building to give the building a percentage balance." (In 1990, after the policy had been in effect more than a decade, Heideman said it was "no longer acceptable.") In contrast, the full-site programs, which contemplated some actual mixing and interaction of students of different races, lost favor with the RSD. Initiatives such as focus centers and open enrollment were strongly de-emphasized and finally phased out in the early 1980's. From then on, the only desegregation technique used by the RSD for African-American/Hispanic students was mandatory reassignment to white schools. This practice had been used with minority students ever since the Muldoon School closing in 1973.

  In 1988, the long-standing policy of having predominantly white alternative programs was capsulized by the Citizens Ad Hoc Committee, a group appointed by the RSD and staffed by the RSD's Administrators. The Committee's final report, submitted in September of 1988, described the policy as follows:

  

Alternative Programs . . . have been the mainstay of District 205 desegregation efforts, in hopes of offering incentives to draw white students to predominately high-minority schools. The only desegregation options offered to minority students are forced busing or special permits.

  B24551, B24583. In 1989, The RSD confirmed the Committee's description in its answer to the Complaint in this case. Defendant stated, in part, that "Defendants admit that almost all minority movement for desegregation is mandatory while virtually all white movement is voluntary in response to special program offerings. . . ." Answer, P 9.5.

  Despite their purported "desegregation" purpose, the alternative programs were an abysmal failure in that respect. These programs created virtually all-white enclaves within African-American schools -- independent curriculums that were totally separate from the regular academic pursuits of these predominantly minority schools. For white parents who wanted an alternative education for their child but not within an integrated setting, this was the perfect solution. For the Rockford School District, these programs provided a veneer of "desegregation" without the actual results. Children were within the same schools, but not within the same room. All children were in the same building, but for the most part, African-Americans and whites lived separate lives.

  The RSD's operation of partial-site alternative programs in a segregative nature was not necessary or inevitable. Several of these programs actually had some modest mixture of African-American and white students in the late 1970's. Thereafter, however, the high-status alternative programs were rigidly resegregated by the RSD. This pattern of resegregation continued, and even became more pronounced, through the 1980's up to the time of filing of this lawsuit. (The exceptions were a few low-status alternative programs for slow learners and underachievers, which had disproportionately high minority enrollments.)

  FINDINGS OF FACT

  Within-School Segregation In Mid-1970 "Desegregation Programs"

  Intact Busing: The Grade Exchange Plan

  The Grade Exchange Plan was adopted by the RSD in December of 1973 and constituted a conscious exercise in the separation of students within the schools. The Plan provided for exchanging classrooms of students between schools, along with their teachers, with each classroom remaining separate and intact within its receiving school. Bd. Min., 12/18/73, B14192.

  The Plan was a system of intact busing in which white students were being sent to sit in their own classrooms at African-American schools and vice versa. Entire grades were transferred together and were not mixed with students at the receiving school.

  A letter from Superintendent Salisbury explained that schools on the Northeast side of Rockford were purposely excluded once the Plan went into effect. Salisbury's letter highlighted the intact busing situation by explaining the program's effect at Rolling Green School. The Grade-Exchange Plan called for all fourth grade classes at Rolling Green to be transported to Ellis. Salisbury noted: "In all schools where a grade is identified for transportation, all of the children in that grade are transported. This allows neighborhoods and classmates to stay together. The burden is equally shared." B2925.

  In a federal court brief opposing the Grade Exchange Plan, the REA stated no real interaction would exist among the transported and the resident children because of segregation by classroom. In three of the schools, students would be isolated on separate floors and lunches would be arranged in shifts so that the students would not mingle. REA Brief in QUEFAC, Case No. 70 C 16, B32773. The REA brief further noted that the Plan would actually worsen racial isolation. Moving one or two predominantly African-American classes into an all-white school and keeping them separate would force those African-American students to group together even more. The effect would be to reinforce the idea that minority students are different, identifiable by race and out of place. Id.

  In a memorandum opinion dated March 1, 1974, Judge Bauer rejected the Grade Exchange Plan and determined that the Plan was incapable of desegregating classrooms within the schools. Judge Bauer wrote: "[A] school deegregation plan which solely utilizes a grade exchange program is probably incapable of truly desegregating a school system or a single school. Such a plan in reality creates [segregated] classrooms within a school which is 'desegregated' as far as mathematical ratios." Memorandum Opinion and Order, 3/1/74, QUEFAC, Case No. 70 C 16, B508043, B508046.

  Within-School Segregation Through Part-Time Programs

  During March of 1974, the RSD's Administrative Council recommended Special Interest Centers be housed in existing schools that were operating below capacity. The Centers would not significantly interfere with on-going programs. B32864. By 1975, the Rockford School District began using "Interest Centers" as an avenue toward school desegregation. Like the alleged goals of the Grade Exchange Program, the District claimed that the Interest Centers were educationally sound and were designed to both racially integrate the District and introduce children from the East and West sides of the District. B30599.

  Three schools were designated as Interest Centers: Lathrop, Walker and Nelson. These schools served as intensive training centers where children were coursed in a specific discipline, but only for a five or ten day period during the entire school year. Third graders from across the District attended the ten-day Social Studies Interest Center at Lathrop Elementary School. Fourth graders attended the ten-day Language Arts Interest Center at Nelson Elementary School and also attended the five-day Math-Science Interest Center at Walker School. B30618.

  Students were transported to the Interest Centers by buses provided by the District. For students attending the Lathrop and Nelson Interest Centers, a particular school's fourth grade classes were not split but went as a group. Classes were split, however, for students attending the Walker Interest Center for the stated purpose of achieving "racial balance within the numerical constraints." Id. ; B35680.

  Another type of program, the Environmental Education Program, was located at Atwood Park. Children stayed overnight and were educated regarding the outdoors, pollution and the environment. Children conducted experiments and participated in activities that were meant to highlight ecological problems in society. B30674-B30676. Like the Interest Centers, the school was to achieve classroom desegregation of students by mixing classrooms of students at the initial orientation stage. B35680. Accordingly, the purpose of the Interest Center and the Environmental Education Program was to integrate students of different races from different schools, but, again, only for a few days each year.

  In reality, most classes were transferred to the Interest Centers en masse. The result was that minority classes were placed in an all-white school but kept separate, although the students involved were counted toward the total percentage of students in an integration program. The Environmental Education Program at Atwood Park, for example, was very segregated. Oscar Blackwell was concerned about the unwillingness of the Atwood Park staff and teachers to integrate minority and majority students upon arrival at the facility and throughout the two and one-half day program. As a result, staff members were given multi-cultural awareness training in order to combat insensitivity toward minority students. B35136-B35138. These part-time programs were nothing more than intact busing under a different name.

  Segregation Of Minority Transfer students Within Receiving Schools

  As the RSD bused minority children to primarily white schools, the minority children were ostracized or frequently kept physically separate from the other students.

  High Schools

  During deposition, RSD Superintendent William Bowen testified as to the hostile reception that the East High School staff gave to African-American transfer students in the early 1970's. In 1970, a portion of the West side was moved from the West High School feeder pattern to the East High School feeder pattern. At the same time, ninth grade was added to East High School, formerly a tenth through twelfth grade school. Bowen Dep. at 57, 60.

  The Board decided to move boundaries, with little, if any, preparation or planning. East High School had an all white faculty that was used to a white school. Suddenly African-American students were introduced with no faculty preparation. Id. at 60. Bowen testified that the teachers viewed the situation as West High School having trouble with their African-American students and so the students were sent to East High School. Id. at 61.

  One result of this perception by the staff at East High School was a disproportionate discipline of African-American students. Such a perception also affected the selection of classes by the counselors, causing a tendency to assign African-American students to remedial classes. The phenomenon was "very pronounced" when Bowen went to East High where there was also a pronounced assignment of white students to the upper level tracks. Id. at 63.

  While Bowen was Assistant Principal at East High, objections were voiced by some school staff to the increased presence of African-American students. Bowen reported that some faculty members said they wished the African-American students were not there. Bowen also observed that the school nurse was very uncomfortable and had trouble dealing with African-American students. He noted that the nurse sprayed her office with deodorant when an African-American student left, and wiped off her desk if the student had touched it. Id. at 65.

  Elementary Schools

  Mr. Keith Wilson, Principal of Bloom Elementary School from 1976 to 1985, testified in his deposition that he was familiar with the practices at his school as well as the practices at other Northeast Quadrant receiving schools in relation to minority transfer students. Bloom School was 100% white through the 1972-73 school year. Over the next three years, the school experienced some minority enrollment beginning with 6% African-American enrollment and then increasing to approximately 15% African-American enrollment. B511482. During his first year at Bloom School in 1976, Wilson had the opportunity to observe the minority transfer students that were mandatorily sent to Bloom. According to Wilson, these African-American students were "there because they were told they had to go there." In his estimation, these students were angry about having been mandatorily reassigned to Bloom. Wilson Test., Tr. at 2195-96. Wilson also noted an impact on the educational participation of these students in the school because of their mandatory reassignment. Id. at 2196-97.

  Wilson testified that many of the minority transfer students were in Chapter I pull-out programs. As a consequence, they were educated separately from the neighborhood students for significant portions of the school day. Id. at 2187. Furthermore, in talking to parents and staff about the atmosphere at the school, Wilson learned there had been difficulties initially when the African-American students first arrived. The difficulties presented themselves in relation to the receptivity on the part of the school staff and the white neighborhood parents toward the African-American students. Id. at 2179, 2183. In the morning, the African-American students went directly from the bus into the school. At the end of the school day, they returned directly to the bus. As a result, the transfer students did not interact with the neighborhood students on the playground either before or after school. Id. at 2187.

  Ms. Sidella Hughes, a parent and a plaintiff in this lawsuit, is an employee of a State agency charged with the protection of children. In that capacity, she has occasion to visit the RSD schools. In her deposition, Ms. Hughes described conditions at a predominantly white school that was receiving minority transfer students.

  

The first time I noticed the difference in the way kids [were] treated was when I went to Rolling Green on an investigation and I got there before school started -- or when kids were getting off the bus. I was walking in the building. The black kids -- the teachers were kind of lined up and black kids went straight in. The kids on the playground kept playing, but the kids off the bus had to go straight into class, in the building . . . [The teachers] were standing so that the kids would go straight into the building . . . And kids in the playground -- the majority of the kids on the playground were white. The majority of the kids on the bus were black.

  Hughes Dep. at 27.

  Earnestine Kendall, a home school counselor for the RSD, visited the now-closed Kennedy and Haight Schools and observed African-American children being held on their buses until the bell for classes to begin rang. Raul Medrano recalled that during the years he and other Latino students were bused to Whitehead, Gregory and Lincoln schools they would arrive ten to fifteen minutes early and were forced to remain on the bus until classes began. The Latino transfer students had to sit on the bus and watch while neighborhood students played or, in some cases, shouted racial epithets at the students on the bus. In one particular incident, Medrano and others asked the principal at Lincoln if they could exit the bus and socialize with the other students since the weather was nice. The principal denied their request and told them if they did not like his decision, they could walk to school.

  Segregation Of Students Within Schools By Tracking

  The RSD pervasively segregated students within its schools via a system of educational tracking and steering. White students were disproportionately placed in upper-track classes and African-American and Hispanic students were disproportionately placed in lower-track classes. Students in lower-track classes received inferior educational services. The placements were not justified by either the capabilities or achievement levels of the students. This subject is discussed in full in the section on tracking and educational discrimination. See Student Tracking and Ability Grouping. (Supra, Page 6.)

  Segregation Of Elementary Bilingual Students

  When the RSD's Bilingual Program began at Barbour School, the curriculum consisted of participants attending classes with regular students for part of the day and attending "pull out" bilingual classes for the rest of the day. This multi-cultural system served well to integrate bilingual students into the school's student body. Despite this success, however, the RSD terminated the pull out program and instituted a full-time blingual program. Victoria Mayer, a RSD teacher and former bilingual program coordinator, testified that when the pull out program was terminated, bilingual students spent a whole day with the bilingual teacher. The only interaction they had with the regular students at the school was at lunch time and at recess. This subject is discussed in full in the section on bilingual students. See Bilingual Education and Other Educational Discrimination Issues Affecting Hispanics. (Within, page 485.)

  Segregation Of Special Education Students

  From the inception of its desegregation activities in 1974, the RSD maintained the policy that Special Education students were "exempt" from desegregation programs. Beginning at least as early as 1980, and continuing through 1989, all Self-Contained Special Education ("SCSE") classes were located outside the Southwest Quadrant, even though over one-third of the Special Education students resided in the Southwest Quadrant. As such, disproportionate burdens were placed on minority SCSE students who were assigned to non-Southwest schools, while no non-Southwest SCSE students were assigned to Southwest schools. This subject is discussed in full in the section on special education. See Special Education. (Within, page 506.)

  The RSD'S De-Emphasis Of Full-Site Magnet Programs

  The Rockford School District de-emphasized the use of full-site Magnet schools (in which students of different races might interact with one another) in favor of partial-site Alternative Programs that were highly segregated.

  May 1972 One-Week Magnet Schools

  After the ISBE desegregation rules were adopted in December of 1971, local school districts were required to develop integration plans. On May 18, 1972, RSD Superintendent Salisbury announced that Montague, Ellis and Church Elementary Schools were being designated as "magnet schools" for the Fall of 1972 in order to raise pupil achievement levels and to meet State integration guidelines. Salisbury explained that the enrollment in each of these three schools would include the students who would normally attend the schools, therefore, following the neighborhood school concept. The schools, however, would be changed from closed to open enrollment, meaning that a parent from any other part of the city could choose to send their child to one of these magnet schools. B506211. The next day, Salisbury added Lincoln Park, Barbour and Dennis Elementary Schools to the list of magnet schools opening in Rockford in the Fall of 1972. B506213. At that time, the racial composition of these six schools was as follows: Dennis 90% African-American Ellis 69% African-American Montague/King 69% African-American (King under construction) Barbour 64% African-American Lincoln Park 45% African-American Church 22% African-American

  On May 26, 1972, Salisbury stated that each magnet school would employ the District's best teachers and administrators and the best materials and programs. Class sizes would be reduced to a maximum of twenty students. The six magnet schools would also receive additional funding. B506214.

  On June 16, 1972, less than one month after originally announcing the magnet school plan, Salisbury said he would no longer refer to the concept as "magnet schools." "I don't think that is the best terminology right now. Calling these six schools target schools is a little more accurate." According to Salisbury, a magnet school was one drawing students from outside its regular boundaries. The six schools identified for special programs and personnel would not have city-wide enrollment. B506219. Three weeks later, the Board of Education approved Salisbury's plan to "attack low achievement" in the six target schools. B506220.

  Bloom Focus Center

  The former principal at Bloom School, Mr. Keith Wilson, helped create a Focus Center as a voluntary desegregation measure. Wilson Test, Tr. at 2188-91. Through the interaction of parents, teachers and administrators in developing the educational curriculum, Bloom School became a focal point for voluntary transfers from throughout the city. The actions of the RSD's Board and Superintendents, however, eventually deprived the school of its diverse transfer base and turned a model program into a re-segregated school.

  In 1973, two years before Wilson became Principal at Bloom School, the RSD mandatorily assigned a large number of African-American students to Bloom. These students were sent to Bloom because Muldoon School was being closed. In the two years after Muldoon's closing, there were incidents of racial tensions at Bloom School, including physical altercations between staff and students.

  When Wilson became principal at Bloom, he discovered that the students who were mandatorily transferred tested two to three grade levels below the other students at the school. Racial incidents continued between students and staff. One example Wilson recalled was a janitor who called a student a "nigger" over a dispute in the school lunchroom. Wilson calmed the situation by meeting with the African-American students and discussing their concerns. Id. at 2186. Wilson stated that he worked with parents to provide extra support for low achieving students. Students could get extra help through parental tutors, achievement level based grouping and through participation in the Title I program. Wilson testified that despite low achievement scores and the innovative responses, Bloom School never received any extra funds from the School District to help educate the transfer students or to train staff members.

  The initial program at Bloom School became known as the Focus Center. Wilson testified that the program began as a school-initiated community project between parents and teachers. The curriculum concept was to assess each student in reading and math and to develop a program to meet that student's needs. All of the other subject areas contained an equal mix of children from all ability levels in order to avoid segregation based upon achievement levels. Superintendent Art Johnson originally allowed the program to operate as long as it was open to students from throughout the city. Id. at 2190-91.

  Due to its open enrollment policy, the Bloom Focus Center received voluntary transfers from African-American students in the Southwest Quadrant in addition to continuing numbers of African-Americans that were mandatorily assigned, usually fourth through eighth graders. Wilson observed that the African-American students who voluntarily transferred blended into the school nicely. Their level of achievement approximated the level of the white students and both races interacted well in terms of interpersonal relations. The African-American students who were mandatorily assigned, however, did not achieve as well as the other students.

  In approximately 1982, the school district changed its transportation policy regarding Bloom School. Previously, any student from the West side was eligible for bus transportation to Bloom. With the change in policy, only students from a certain area on the West side were allowed to attend Bloom School; accordingly, the number of African-American students decreased. The change reverted Bloom back to the mandatory transfer program of the 1970's. Some students were forced to drop out of the Focus Center program because of the lack of transportation. The central administration of the School District showed a lack of concern regarding the existence of the Focus Center.

  Wilson testified that when he first arrived at Bloom, Oscar Blackwell consistently stated that Principals should maintain a racial balance in school enrollments that reflected the number of minorities in the school system. In the early 1980's, however, once Mr. Blackwell left the Office of Integration, this goal changed dramatically. Communication also declined between Wilson and the Central Office Administrators regarding integration issues. Id. at 2214. Wilson recounted various non-educational reasons why African-American students were mandatorily assigned to various schools during their career. In some instances, African-American students were reassigned from one East side school to another to fill up class size maximums. Wilson could not remember a single incident where a white student from Bloom School was moved to another school in order to fill up a class size, but he recalled instances when African-American students were placed in Bloom to fill up classes.

  Wilson related an incident where an African-American student was mandatorily reassigned from Westview School to Bloom School as a disciplinary assignment based upon a physical altercation at Westview. Wilson noted that this sort of procedure was common knowledge among Principals. Students were mandatorily reassigned and bused in the middle of the school year because of infractions. Wilson stated "we were just kind of a shipping society." According to Wilson, these policies applied specifically to African-American students. In fact, Wilson told School District Attendance Director, Mr. Mike Driscoll, that he was tired of the busing policy. "I told him that my father paid more attention to shipping his livestock to Chicago than he does about shipping African-American students."

  According to the RSD's official enrollment reports, during the period that the Focus Center at Bloom was allowed to recruit voluntary enrollment of African-American students with transportation provided, African-American enrollment at Bloom increased significantly. In 1976, there were thirty-eight African-American students (10%); by 1979 there were ninety-two African-American students (18%). Over the next three years, African-American enrollment declined. In the year that transportation was eliminated, 1982, there were only fifty African-American students (9%). Thereafter, African-American enrollment at Bloom continued to decline and by the Fall of 1988, there were only seventeen African-American students (3%) attending Bloom School. Bloom had again become 94% white enrollment, thereby returning to its early 1970's status.

  Haskell Focus Center

  Dr. Robert Greene was Principal of Haskell School when it was designated as a Focus Center to aid desegregation in the late 1970's. Haskell School was built in 1959, in the Southwest Quadrant of Rockford. By 1971, Haskell's African-American student population was 62% and until 1992, the African-American student population remained between 49% and 67%. Dr. Greene was able to increase student achievement scores at Haskell in the late 1970s and the early 1980's through various curriculum innovations, parental involvement and constructive discipline approaches. These improvements, however, were achieved with little or no support from the RSD.

  One example of this lack of support related to the absence of acoustical ceiling tile at Haskell. Teaching in Haskell was like teaching in a steel tank. Dr. Greene stated that, "acoustical ceiling tile was left out as a cost saving measure." Dr. Greene described the educational impact of this deficiency:

  

This was a fourth grade teacher that I judged to be a really good dedicated teacher with good rapport with the children and as I sat in her classroom and she asked questions, the noise level of a child squeaking his seat, rolling a pencil across the desk or dropping a book would wipe out the question. Her question reverberated on the floor, ceiling and other four walls, and then when she finally had gotten the question through so the children all heard it and waited for an answer, the child's answer you had the same acoustical rumbling, it was hard to understand the child's answer. An awful lot of time was wasted in that classroom by the teacher repeating herself to the children and the children having to repeat their answers -- and you had to maintain a tighter discipline to maintain the silence necessary to communicate than you would in a normal classroom.

  Greene Dep. at 52-53.

  Greene repeatedly proposed solutions for this problem and submitted the proposals by letter to the Assistant Superintendent. The proposals were rejected. Finally, Haskell School took action on its own and the students raised money to install acoustical tile in the classrooms, one classroom at a time. The students raised funds by recycling newspapers and selling candy. Classroom ceilings cost $ 640 a room. Ten to twelve years passed before acoustical ceiling tile had finally been installed in all of the classrooms. Id. at 57-58.

  Another example of the RSD's failure to support Haskell School was the RSD's refusal to provide funds for a library learning center. The only way to build the library learning center at Haskell was for Dr. Greene, some teachers and their spouses and a social worker to do it themselves. Dr. Greene and his group went to buildings being demolished by HUD in order to obtain materials. After obtaining the free materials, Dr. Greene then asked the RSD if its tradesmen could install the materials. He was told that the tradesmen did not have the time. Thus, over the next few weeks, Dr. Greene and his crew proceeded to jackhammer, mortar, carpet, paint and otherwise build the library learning center themselves.

  The Haskell Focus Center program was very successful. During the time that the Focus Center operated, achievement scores rose dramatically. Moreover, the Haskell program was a model of integration, with complete and harmonious interaction between African-American and white students. Greene Test., Tr. at 1532-33. The Haskell Focus Center demonstrated that white students were willing to transfer into full-site magnet schools where they were educated together with African-American students. Haskell school went from 70% minority when Dr. Greene became Principal in 1971 to 54% minority in 1980-81.

  Through a series of transportation reductions and the ultimate elimination of transportation altogether, white transfer students were deterred from attending Haskell School and their numbers were accordingly reduced. Dr. Greene was told by the RSD to stop recruiting for the program altogether. The RSD further required Dr. Greene to split his time between Haskell School and another school. Consequently, Dr. Greene took early retirement. The RSD dropped the Haskell program entirely in 1985.

  The Alternative Middle and Elementary Schools

  In 1977, Lincoln Park School was closed as an elementary school. The Rockford Alternative Elementary School (hereinafter "RAES") and the Rockford Alternative Middle School (hereinafter "RAMS") were placed in the Lincoln Park building as a full-site magnet school. At the time of its closing as a regular school, Lincoln Park was a segregated school with 48% of the total African-American population enrolled. Bd. Min., 5/9/77, B15721. The magnet school opened in the Fall of 1977, with approximately 25% minority enrollment. The RAES/RAMS maintained desegregated enrollment for the next four years, and in the Fall of 1980, the enrollment was 18% African-American, almost exactly the RSD's systemwide African-American enrollment at that time. B4068.

  In the Fall of 1981, the RSD closed the Lincoln Park building and shut down the full-site magnet school. The RAES program was transferred to Ellis School as a partial-site alternative program. The RAMS program was transferred to Lincoln Middle School as another partial-site alternative program. The next year, the RSD shut down the RAES and the RAMS programs altogether. The successful operation of the RAES and the RAMS as a full-site magnet school belied the notion that white students would not transfer into full-site magnet schools. In the Fall of 1980, 166 white students transferred into RAES/RAMS at the Lincoln Park building. Id.

  Purposeful Creation Of Segregated Partial-Site Alternative Programs

  In the mid-1970's, the RSD began creating a series of partial-site magnet programs, called "alternative programs", as well as some full-site special programs called "focus centers." In 1982, the RSD canceled transportation to the focus centers, effectively shutting them down.

  The partial-site alternative programs that remained were placed in schools with substantial or predominant minority enrollments for desegregation purposes. This occurred at both the elementary and secondary levels. The RSD, however, set up two sharply different types of alternative programs: High-status programs with academic or other entrance barriers that included the Gifted, CAPA, Montessori and Arts Alternative pro grams; and low-status programs for "underachievers" and "slow learners," that included the GIT and CASS Programs. The predominantly white character of the high-status alternative programs was justified on the ground that white enrollment had to be maximized in order to bring down the minority percentage of the total school enrollment. For example, King School in 1986 had an 85% minority regular enrollment and a 95% white Gifted Program enrollment. The total enrollment at King School was thus 55% minority and 45% white.

  Over time, these high-status alternative programs became more segregated rather than less. The RSD's data shows that all of the high-status programs resegregated during the 1980's, with one exception, the Arts Alternative Program. This pattern of resegregation is detailed for each program in the sections that follow.

  The GIT and CASS low-status programs continued with disproportionately high minority enrollments throughout the 1980's. The RSD created a "minority Gifted Program," but would not allow the minority students in that program to enter into the all-white Gifted Program, even though the RSD's Gifted Director stated the minority gifted students were capable of performing in the regular Gifted Program.

  The alternative programs became vehicles for emphasizing and reinforcing racial separation. In 1980 an exchange of correspondence between "Mr. U.S. Steele" (Ellis School staff) and Mr. Oscar Blackwell reflected the District's purposeful creation of predominantly white high-status alternative programs (such as Gifted) and disproportionately minority low-status alternative programs (such as GIT and CASS). Steele-Blackwell Correspondence, 7/10/80, B28743. Mr. Steele's June 27, 1980 memorandum to Mr. Blackwell expressed "concern and extreme dissatisfaction over the skewed structured selection format" established for the new alternative program at Ellis School. Each class was to contain twelve majority students and three minority students, in effect, to be 80% white. The program was described as one geared for "slow learners." The composition of the program should have been representative of the entire School District. The memorandum was referring to the CASS Program. The RSD applied the same 80% white enrollment guideline that was applied generally to alternative programs in minority schools.

  In his response dated July 10, 1980, Mr. Blackwell reiterated that the RSD's policy was to make a concerted effort to reduce minority enrollment to a 50% level in those schools that exceeded such a balance. As such, the RSD thought it desirable to admit as many majority students into the program as possible. Mr. Blackwell's letter goes on to state, however, that because the Ellis program was also designed to assist students who had educational problems, it would be fair and within Board policy to admit students on an "as needed" basis. If a decision was made as to how many minority/majority students were to be admitted, "it would appeal that admittance would have to be on an equal basis." Dr. Tucker, the RSD's Director of Alternative Programs, received copies of both the memorandum and Mr. Blackwell's letter. Mr. Blackwell's letter thus reflected a different enrollment policy for the "slow learner" program (CASS) than was followed for the other alternative programs. CASS opened at Ellis in the Fall of 1980 with a 58% African-American/Hispanic enrollment. B4068.

  The divergence between white high-status programs and predominantly African-American low-status programs was strongly apparent in the RSD's Fall 1980 report of alternative program compositions. Id. That document is reproduced here as Figure 1.

  ALTERNATIVE ENROLLMENTS AND MINORITY PERCENTAGES December 15, 1980 TOTAL TOTAL TOTAL SCHOOL ENROLLMENT MAJORITY MINORITY BLACK BARBOUR-GIT 175 144 31 25 BLOOM-Academics Plus 515 433 82 79 CONKLIN-Physical Ed. 336 267 69 48 & Math Center DENNIS-Arts Alternative 163 140 23 18 ELLIS-Career Awareness 36 15 21 20 & Survival Skills FORBERG-GIT 50 14 36 31 HASKELL-4-R Center 328 148 180 163 HENRIETTA-Montessori 50 37 13 12 JACKSON-GIT 51 12 39 36 KING-Gifted 269 230 39 29 ROCK RIVER-Art Center 54 48 6 6 WALKER-Science & Math 519 410 109 101 Center LINCOLN PARK-RAES & RAMS 324 253 71 57 WASHINGTON-Creative & 241 166 75 69 Performing Arts WILSON MIDDLE SCHOOL Company-7th grade 78 74 4 4 Eureka-8th grade 74 72 2 2 GIT-7th grade 60 52 8 8 GIT-8th grade 61 55 6 6 AUBURN HIGH SCHOOL Academy 197 182 15 Performing Arts 267 228 39 Performance Based 58 48 10 MINORITY SCHOOL INDIAN ORIENTAL SPANISH OTHER PERCENTAGE BARBOUR-GIT 2 4 18 BLOOM-Academics Plus 3 16 CONKLIN-Physical Ed. 2 3 13 3 21 & Math Center DENNIS-Arts Alternative 1 3 1 14 ELLIS-Career Awareness 1 58 & Survival Skills FORBERG-GIT 2 72 HASKELL-4-R Center 1 16 55 HENRIETTA-Montessori 1 26 JACKSON-GIT 3 76 KING-Gifted 2 8 14 ROCK RIVER-Art Center 11 WALKER-Science & Math 4 4 21 Center LINCOLN PARK-RAES & RAMS 4 6 3 1 22 WASHINGTON-Creative & 1 2 3 31 Performing Arts WILSON MIDDLE SCHOOL Company-7th grade 5 Eureka-8th grade 3 GIT-7th grade 13 GIT-8th grade 10 AUBURN HIGH SCHOOL Academy 8 Performing Arts 15 Performance Based 12 The high-status alternative programs had the following African-American/Hispanic enrollments: Dennis Arts Alternative 14% Henrietta Montessori 26% King Gifted 14% Rock River Arts Center 11% Washington Creative and 31% Performing Arts Wilson Gifted 8% Auburn Gifted 8% Auburn Performing Arts 15% In contrast, the low-status alternative programs had the following African-American/Hispanic enrollments: Barbour GIT 18% Ellis CASS 58% Froberg GIT 72% Jackson GIT 76% Wilson GIT 12%

  The Gifted Program

  Since the time of its earliest origins, the Gifted Program was not administered equitably throughout the RSD school system.

  Early Identification of Centralized Gifted as a Program for White Students

  By 1975, the Rockford School District began to develop a centralized gifted program in an attempt to desegregate schools. An alternative school program for seventh and eighth graders was developed at Wilson Middle School, which included both basic skills and academically talented programs.

  The academically talented program consisted of 110 seventh and eighth graders selected from Wilson and other middle schools in the District. These students were given a three-period block of time during which academic enrichment occurred. The students then participated in another period of individual pupil instruction that was utilized for individual and small group instruction purposes. The intent of the program was to "provide intensive, enriched, academic experiences for 110 students." B32950.

  The Gifted Program was used as an incentive to attract white students to Southwest Quadrant schools. The program was also used to lower the overall percentage of minorities in Wilson School. For example, in 1972-73, minority students comprised 48.6% of the student population at Wilson. In 1974-75, minorities made up 48% of the school's population. In 1975-76, however, the advent of the Gifted Program, minority percentage at Wilson was projected at 36.9%. The program was used as a means to bring Wilson into compliance with State school integration laws. B32954.

  In order to accomplish the goal of reducing the percentage of minorities in certain schools, the Gifted Program, like other alternative programs, had to contain as many white students as possible. The more white students in the program, the lower the percentage of minorities at the school and the easier it was to allegedly bring the school into compliance. Of the students in the Gifted Program in 1975, 94% were white. B32882. In her affidavit, Ms. Eleanor Brown recalled that when she attended the Gifted Program for seventh and eighth graders during the 1977 and 1978 school years, there were approximately seven African-American students in the entire Gifted Program. Brown Aff. at P 8.

  The centralized Gifted Program at Wilson began in 1975. The program effectively created a "school within a school" for white students. Under the guise of integration, the District created a program that lured whites to the Southwest Quadrant for academics while helping students "acquire more knowledge concerning sub-cultures represented by the students." White students, however, were essentially the only culture represented. B32955. The white students in the program were not "subject to" interaction with the neighborhood students. The District's own documentation clearly reveals that the goal of this and other "integration" initiatives was to "further the integration of our schools," not the integration of the classrooms. Such a goal was made clear through within school segregation of the Gifted and Arts Alternative Programs. B32943.

  The policy was also understood by teachers and administrators at Wilson. Mr. Curtis Anderson, a former Principal at Wilson, testified that, in his opinion, there were African-American students at Wilson clearly qualified to participate in the Gifted Program. He stated that it was understood, however, that the program was almost exclusively for white students in an effort to keep Wilson School in compliance with State school integration laws. This effort maintained within-school segregation and created no real integration.

  Mr. Anderson described the Gifted Program at Wilson.

  

[Students were selected] based upon recommendations from elementary school teachers. The Gifted Program had very few black students, despite the fact that the number of black students at Wilson was roughly twice that of the percentage of black students in the district. There were many black students that were eligible to participate in the Gifted Program. These black students were comparable to whites in the Gifted Program.

  

. . .

  

Children in the Gifted Program . . . were not taught in classes that contained non-program children . . . Gifted Program students only had contact with the other students at Wilson School during non-academic settings. Children in the regular and Gifted Programs had different class schedules.

  Anderson Dep., Ex. 1, at PP 7-10.

  Anderson further stated that many African-American students were eligible to participate in the Gifted Program based upon their performance on tests, grade average and school studies. Very few of the participants in the Gifted Program, however, came from Wilson School. "They just were not . . . sought. In seeking participants in the program . . . it was from other Eastside schools . . . maybe two or three persons of our own school . . . participated in the program. Most of the participants were students from outside the Wilson School." Although he did not exactly know the process followed in selecting the participants, "I do know that they usually used their performance on tests, you know like reading tests and the other tests. Their general attitude towards school itself . . . whether they were . . . seemed to like going to school, how they liked it and their willingness to participate and how they get along with teachers and so forth." Anderson Dep. at 24-26.

  The centralized Gifted Program maintained a separate academic curriculum from the other students at Wilson. Students in the program had little, if any contact, with the other students at Wilson. B32952. For example, Ms. Eleanor Brown, a former student in the Gifted Program at Wilson, testified at her deposition regarding field trips taken by students in the Gifted Program as well as others in the school. In response to a question regarding field trips taken by students not in the Gifted Program, Ms. Brown stated, "Basically I don't know. We kind of -- that's the point. We did everything pretty much separate." Brown Dep. at 16. Brown maintained that for gifted students, field trips were often used as an educational tool. With regard to regular education students, however, Brown could not recall "them taking a lot of trips, but they could have, and I don't know about it. We did everything separate." Id. at 19.

  The Gifted Program at Auburn High School, referred to as "the Academy," was also segregated from the rest of the school. Ms. Brown testified regarding her attendance in the Academy Program at Auburn: "The Academy students and their classes were separate from the rest of the school. All of our classes, for instance, were at one end of the hall, away from other students and classes. I was frequently teased by other students who were not in the Academy because of the separation of classes." Brown Aff. at P 10.

  Dan Dickover, a white student who attended the Gifted Program at King Elementary School, Wilson School and Auburn High School, testified that there were no sanctioned activities with "the neighborhood students" or the minority students at King. Only two or three minority students were in any of the Gifted Programs that Dickover attended. Gifted students might see the neighborhood students at lunch or recess, but Dickover had no way of getting to know them. He stated, "We were pretty much on our own in the school although we were all students in the school." Dickover testified that he held stereotypes of minorities that were fostered by this separation. At the time, he didn't understand that a separated environment was not necessary. Dickover now wishes he would have had the opportunity to approach the minority students comfortably.

  The almost all white gifted students at Auburn High School, though kept entirely separate from the other students at Auburn, were included in the entire school's class ranking system. Additionally, the gifted students had weighted grades. Each grade was given a positive ranking. This meant, for example, that a student at Auburn who was not in the Gifted Program could never become valedictorian, even if that student received straight A's all through school. Auburn in the early 1980's was approximately one-third minority.

  Another all-white Gifted Program at Auburn, the Creative and Performing Arts (hereinafter "CAPA") Program, was also problematic. CAPA was given priority for instruments and for the use of the auditorium. In fact, an ethnic choir that Dr. Constance Goode started at Auburn was cancelled by the Principal of Auburn because the facilities and equipment were to be devoted to the CAPA Program. Goode Test., Tr. at 1294-96.

  Ms. Melinda Reitman testified that when her son attended the Academy from 1978-1982, she remembered very few, if any, minority students in the program. Ms. Reitman was an active parent throughout her children's attendance at Auburn, serving as a board member in the Auburn High Parents Group and frequently volunteering at the school. She recalled that when her daughter, Lisa, attended the Academy from 1981-85, the dearth of minority students was still evident. Ms. Reitman noted that "youngsters who were participants in the alternative programs that were housed at Auburn tended to have little or nothing to do socially with the student body at large" as a result of the separation fostered by the school-within-a-school concept.

  Partial Desegregation, Followed by ReSegregation, of the Gifted Program, 1977-1986

  In the school year 1976-77, the first year for which systemwide data is available, African-American and Hispanic students were grossly under-represented in the RSD's Gifted Programs. B46722. African-American students comprised 17.2% of the school system, but constituted only 4.7% of students in Gifted Programs. Hispanic students comprised 2.0% of the RSD's total students, but only 1.2% of Gifted students.

  A few years later, the RSD's Centralized Gifted Program actually achieved a modest level of desegregation at certain schools. A January 1978 memorandum to Superintendent Johnson stated that the elementary gifted enrollment at that time (three years after the creation of the program) was 13% minority (16 students out of 128 students). Systemwide K-6 enrollment in the 1977-78 school year was 22.7% minority. B28441. According to the RSD's 1980 Report to the United States Office for Civil Rights, both the secondary-level and elementary-level Gifted Programs at that time had attained about 10% African-American enrollment. Form ED 102 submitted to U.S. Dept. of Education, Office of Civil Rights (OCR), 12/15/80, B32253.

  The RSD's Gifted Programs at the secondary level subsequently became very highly segregated over the next six years. In the middle schools and high schools combined, Gifted Programs declined from 10.6% African-American in 1980 to 2.4% African-American in 1986, with most of this decline occurring in the first two years. See id. ; Form ED 102, 12/15/82, B46747; Form 102 Summary, B507563. At the middle school level, the RSD's reports to the United States Office for Civil Rights showed the following four-year trend in the composition of the Gifted Program: Year Percent African-American Percent Hispanic 1980 12.3% 0.8% 1982 1.0% 0.0% 1984 2.2% 2.2% 1986 0.0% 0.6%

  In 1980, the RSD's middle schools had 19% overall African-American enrollment, which grew to 21% in 1986. The Hispanic enrollment was 2% in 1980 and increased to 3.5% in 1986. At the high school level, the Gifted Program began with small African-American and Hispanic percentages in 1980, which became smaller yet over the ensuing years: Year Percent African-American Percent Hispanic 1980 5.1% 1.0% 1982 3.9% 0.8% 1984 4.4% 0.7% 1986 3.8% 0.8%

  The RSD's overall high school enrollment was 18% African-American in 1980, and increased to 20% in 1986. Hispanic enrollment was 2% in 1980, increasing to 2.6% in 1986.

  The same trend occurred in the elementary Gifted Programs, as shown below. The Gifted Programs, which were supposed to be the flagship of RSD's integration efforts, were almost completely resegregated by the RSD as soon as the pressure from the ISBE and from the QUEFAC case subsided. The Gifted Programs, which were the principal source of the purported voluntary movement of white students for integration purposes, were converted to segregated programs within each school. The RSD's elementary Gifted Program was resegregated from 1980 through 1986. African-American enrollment in Centralized Gifted Programs dropped from 11% in 1980 to 1.3% in 1986. In the same six years, Hispanic enrollment dropped from 3% to 0.7%. Form ED 102, 12/15/80, B32253. The progressive resegregation of elementary Centralized Gifted Programs is highlighted in the following table: Year Percent African-American Percent Hispanic 1980 10.8% 3.0% 1982 6.8% 3.1% 1984 2.8% 2.8% 1986 1.3% 0.7%

  In part, the RSD brought about this resegregation of the Gifted Program by establishing the formally separate "minority" Gifted Program in 1986, and placing in that program African-American students who formerly would have been in the regular centralized Gifted Program.

  The 1982 report to the Department of Education showed that the elementary Gifted Program at King (one of the two locations of elementary Centralized Gifted Programs), had 11.3% African-American students and 4.6% Hispanic students (22 and 9, respectively, out of 194 minority students). Four years later, however, the King program was only 1.4% African-American and 0.7% Hispanic. In that year, 1986, the separate "minority" Gifted Program was established at Barbour. Thus, while the RSD publicly claimed that the creation of the minority Gifted Program, known as the Pilot Gifted Program, was for the purpose of increasing minority participation in the Gifted Program, the fact is that it actually decreased minority participation in the regular Gifted Program.

  The RSD's 1987 Report and Personnel Testimony Revealing Gifted Program Segregation

  In 1987, the RSD's Attendance Director, Mr. Mike Driscoll, submitted a report to the Board that depicted the highly segregated nature of both the Gifted Program and the RSD's other alternative programs. By using a chart form, the report demonstrated that the high-status programs were almost all white, in stark contrast to the racial composition of the rest of the student body in each school. Driscoll Report, B24820.

  The "Driscoll Report" on alternative program composition was part of a larger demographic report prepared in the Fall of 1987 for use by the Demographic Study Committee of the Board of Education. D8396; D8401. Driscoll's data concerning alternative programs was presented in a special meeting in which the Board reviewed the demographic study. Bd. Min., 10/20/87, B20645. The report also received widespread circulation apart from the full demographic study, being reproduced in the 1988 Report of the Ad Hoc Citizens Committee, and being one of the planning documents circulated to Superintendent Swanson and the Board members during the 1989 reorganization process. B24551, B24601.

  Driscoll's report showed that in the 1986-87 school year, the District's Centralized Gifted Program, for Grades K-12, was 2% African-American, 0.7% Hispanic and 93% white. Id. In that same year, the RSD's K-12 systemwide enrollment was 21% African-American, 3.7% Hispanic and 72.7% white. More specifically, Driscoll's report showed that the RSD's regular elementary Gifted Program was only 1.3% African-American and 0.7% Hispanic. In the entire regular elementary Gifted Program, there were four African-American students and two Hispanic students. Driscoll Report, B24820. The racial composition of each site of the regular Gifted Program was as follows: Location Grades %African-American % Hispanic Haight 1-3 0% 0% Beyer 1-3 1.8% 0.9% King 4-6 1.4% 0.7% Total K-6 1.3% 0.7%

  At King, the 95% white Gifted Program contrasted with regular enrollment that was 85% minority. At Beyer, the 94% white Gifted Program contrasted with an enrollment that was 32% minority. At Haight, the 96% white Gifted Program contrasted with an enrollment that was 47th minority. At Haight, the 96% white Gifted Program contrasted with an enrollment that was 47% minority. In all of these schools, the presence of the virtually all-white Gifted Programs, which were educationally separated from the regular programs in the school, constituted extreme instances of within-school segregation.

  Simultaneously, the District operated a formally separate minority Gifted Program at Barbour in Grades 1-3, which included at least 25% African-American students and 9% Hispanic students. Mr. Gary Heideman, Director of the Gifted Programs, testified that, although these Pilot Gifted students were capable of performing acceptably in the regular Gifted Program, they were not permitted to enter the Gifted Program at fourth grade. Heideman Dep. at 41.

  According to Driscoll's report, at the secondary-school level, the Centralized Gifted Program was 2.4% African-American and 0.7% Hispanic. Driscoll Report, B24820. The Grades 7-8 program, located at Wilson, enrolled no African-Americans and only one Hispanic, out of a total of 157 students. This 96% white program contrasted with a regular enrollment at Wilson that was 47% African-American and 3% Hispanic. This 89% white program contrasted with a regular enrollment at Auburn that was 50% African-American and 3% Hispanic.

  Mr. Gary Heideman became Director of the Gifted Program in October 1984. Heideman Dep. at 3. Heideman acknowledged during his deposition that he had previously stated that "the Gifted Program operated like an exclusive country club for many years." Id. at 51-52. Prior to his arrival, a student who was in the Gifted Program at the kindergarten level would simply stay in the program all the way through their educational career, without any need to requalify and with very limited opportunity for other students to get into the program at higher grade levels. Id. at 53.

  Heideman testified that he worked to eliminate the Gifted Kindergarten Program. He believed it was not possible to accurately assess student capabilities prior to kindergarten entry; Gifted Programs should begin at the first grade level. The Gifted Kindergarten continued in existence, however, until after the First Interim Order was signed in 1989. The RSD's 1989 interrogatory answers indicated that the Gifted Kindergarten was still in existence in school year 1988-89 at Barbour, with one African-American student and two Hispanic students enrolled, out of a total enrollment of 34 minority students. Id. at 19-20; D10784.

  Dr. Harriet Doss-Willis, the RSD's educational equity consultant, testified at trial that the RSD Gifted Program was self-perpetuating and nurtured students who were identified as gifted as early as the first grade. The fact that very few minority students were placed in gifted classes at this early point of their academic careers meant that very few minority students participated in Gifted Programs at the secondary level.

  Continuing Segregation of the Gifted Program Up Through 1989 Despite the highly segregated conditions shown by Driscoll's report and the wide dissemination it received, the RSD took no action to increase participation of African-American/Hispanic students in the Gifted Program. In the 1988-89 school year, the RSD's Gifted Programs continued to be highly segregated. The regular elementary Gifted Program was only 2.3% African-American and 1.0% Hispanic. In the entire Grade 4-6 Gifted Program at King, there were no African-American students and only two Hispanic students enrolled. In the Grade 1-3 programs at Haight and Beyer, there were no Hispanic students enrolled in the Gifted Program. D10770. The racial composition of each site of the regular Gifted Program was as follows: Location Grades % African-American % Hispanic Barbour K 2.9% 5.9% Haight 1-3 3.2% 0% Beyer 1-3 5.0% 0% King 4-6 0.0% 1.1% Total K-6 2.3% 1.0%

  Simultaneously, the District operated a formally separate minority Gifted Program at Barbour in Grades 1-3, which included 50% African-American students and 8.9% Hispanic students.

  At King, the 96% white Gifted Program contrasted with regular enrollment that was 88% African-American and Hispanic (60.2% African-American, 27.3% Hispanic). At Barbour, the 88% white Gifted Kindergarten contrasted with an enrollment that was 66% African-American and Hispanic. At Beyer, the 95% white Gifted Program contrasted with an enrollment that was 39% minority. At Haight, the 92% white Gifted Program contrasted with an enrollment that was 56% minority. In all of these schools, the presence of the virtually all-white Gifted Programs, which were educationally separated from the regular programs in the school, constituted extreme instances of within-school segregation.

  For the secondary-level Gifted Program, information on the Fall 1988 enrollment is not available. The next year for which information is available is the Fall of 1989. At that time the composition of the Grades 7-8 Gifted Program at West was 2.5% African-American and 1.2% Hispanic. B507433.

  Physical Segregation of Gifted from Regular Students Within the Schools

  The elementary Gifted students at King and the Arts Alternative students at Ellis were located in separate parts of the schools from the regular neighborhood students. Wells Dep. at 120-121. The students used separate entry doors and separate bathrooms from the regular students. As such, they virtually never came in contact with the neighborhood students.

  Ms. Henrietta Dotson-Williams, a parent whose child was enrolled in the Gifted Program at King, observed that the program was completely separated from the rest of the school. The gifted children were separated from neighborhood school children for lunch, recess and classes. Dr. Harriett Doss-Willis, the RSD's education equity consultant, also testified as to the physical separation of white students in the RSD's Gifted Program at King Elementary School from the minority students in "neighborhood school classes." Dr. Willis observed this same phenomenon of "a school within a school" at Auburn High School in connection with the Gifted high school Program and the Creative and Performing Arts Program. These conditions existed at King and Auburn in 1989.

  Ms. Doris Nolan stated that she observed the Gifted Program at King School through her involvement with Career Education. Nolan Dep. at 40-41. She said that "the Gifted children were in one wing [of the building] and the other children were in another. They were not all together." Id. at 41-42. Similarly, Mr. Dan Dickover, a former King student in the Gifted Program observed that there was little interaction between the gifted and regular students outside of passing each other in the hallways. Finally, Mr. Horace Box, an Auburn High School teacher, stated that the Academy students kept to themselves and the Academy took certain rooms from each department. These rooms became known as the "Academy Rooms." The Academy students were kept together in English, Science and Math classes; "so in that way you can say it's a segregation from the rest of the building." Box Dep. at 16.

  Such separation underscored and aggravated the within-school segregation created by the presence of virtually all white alternative programs in schools where the neighborhood population was virtually all white alternatives programs in schools where the neighborhood population was virtually all African-American. RBE member, Ms. Colleen Holmbeck, expressed her concerns to the Superintendent and the RBE members about the negative effects of the white Gifted Program at King on neighborhood students, but no action was taken with regard to those concerns. Adding to the segregation of the gifted students at Wilson School was school tolerance of isolationist activities. Gifted students would wait on their school buses until the bell rang and then those students would enter the school by a separate door. At lunchtime, the gifted students were allowed to take their lunches and eat in the gifted classrooms instead of the cafeteria. Additionally, the extracurricular activities of the Gifted Program were never offered to the rest of the student body.

  The operation of racially identifiable and separate magnet programs within neighborhood schools had negative effects on the neighborhood students. Neighborhood students learned that they were perceived as less capable and, therefore, became less determined, motivated and capable.

  The RSD's Separate "Minority" Gifted Program

  In 1986, the District created the Grades 1-3 Pilot Gifted Program. The District's Gifted Director, Mr. Heideman, described this in his deposition as a "Minority Gifted Program." In that year enrollment was comprised of 25% African-American and 9% Hispanic students, whereas the regular Gifted Elementary Program was 1.3% African-American and 0.7% Hispanic. B24820. By the 1988-89 school year, the Pilot Gifted Program was comprised of 50% African-American and 9% Hispanic enrollment, whereas the regular Gifted elementary Program was 2.3% African-American and 1% Hispanic. B10769.

  At times, the RSD presented to the public combined information from these two programs, suggesting to the public that the Elementary Gifted Program had some level of integration when, in fact, the program consisted of separate and explicitly segregated programs for white students and minority students. The RSD stated in a 1988 report that the "non-traditional" Gifted Program was "started in 1986 to expand the cultural diversification of the Gifted Program." B46289. According to the same report, the Pilot Gifted Program started in 1986 with Grades 1 and 2 and was "scheduled to feed its fourth grades into a regular program at King School" in 1988.

  Despite this purported purpose of the Pilot Gifted Program, the minority students were not allowed into the regular Gifted Program. Mr. Heideman stated that in 1988, both orally and in writing, that he recommended the Pilot Gifted students be admitted into the regular Gifted Program. Heideman said he prepared a memorandum to his supervisor and to the responsible Assistant Superintendent, that stated there were numerous African-American students in the minority Gifted Program who were capable of performing well in the regular Gifted Program. Heideman had a meeting with those two supervisors during which he presented his memorandum and his recommendation, but the Assistant Superintendent said, brusquely, "We are not going to do that." No additional explanation was given. Heideman Dep. at 39-40.

  As a consequence of the RSD's failure to fulfill its stated policy that Pilot Gifted students would feed into the regular program at fourth grade, the regular Gifted Program in 1989 (Grades 4-6 located at King) had no African-American students and only two Hispanic students enrolled, out of 182 students in the entire three grades. The Pilot Gifted Program continued to exist until the filing of this lawsuit as a separate, second-class adjunct to the regular Gifted Program. By its treatment of the Pilot Gifted Program, the RSD presented to students, staff and the community a highly invidious and false distinction between white students who were "really gifted" and African-American students who, even at their best, were not capable of being gifted. See D10767-D10771.

  The RSD's "Satellite" Gifted Programs

  Although the District's formal policy was that Gifted Programs were centralized in Westside schools for desegregation purposes, in fact, the District operated widespread "Satellite" Gifted Programs in white schools from 1977 to 1991. The existence of these virtually all-white Satellite Gifted Programs allowed Eastside white students to obtain gifted educational opportunities without having to go to the Centralized Gifted Programs located, for desegregation purposes, west of the river. Form ED 102, submitted to OCR 12/15/82, B46727.

  The RSD's Civil Rights Survey response to the United States Department of Education in December of 1982 reflected the centralized middle school Gifted Program at Wilson (1.2% African-American). B46747. The same report reflected a Satellite Middle School Gifted Program at Eisenhower, which had no African-Americans and no Hispanics enrolled. B46739. Subsequent OCR survey forms submitted in 1984 and 1986, however, reported no Gifted Programs at Eisenhower, even though (as shown below) the program continued to exist at Eisenhower.

  The same 1982 Civil Rights Survey response reflected elementary Gifted Programs not only in the centralized locations in minority schools (Beyer and King), but also in fifteen other elementary schools. Fourteen of those fifteen were predominantly white schools:

  Bloom

  Brookview

  Carlson

  Cherry Valley

  Conklin

  Froberg

  Guilford Center

  Haight

  Hillman

  Johnson

  Nashold

  Rolling Green

  Vandercook

  Welsh

  The Satellite elementary Programs in 1982 had 308 students enrolled and the Centralized Program enrolled 352 students. With the exception of the Conklin program, the Satellite Programs were devoid of minority participation. Apart from ConEin, the remaining Satellite Programs were only 2.8% African-American and 1% Hispanic. After reporting the presence of Satellite Programs in both its 1980 and 1982 survey responses to the Office for Civil Rights, beginning in 1984 the RSD filed reports that gave no indication that the Elementary Satellite Programs existed, even though they did.

  Gifted Director Heideman testified that when he took over the Gifted Program in 1985, he was "surprised" to learn of the existence of these Satellite Programs. Despite being a Gifted instructor in the Centralized Program at Auburn, he had no knowledge of the existence of these Satellite Programs. Heideman Dep. at 11. Mr. Heideman also testified that the Satellite Programs received financial support from the RSD's State Gifted grant, even though this support represented an improper diversion of funds from the Centralized Gifted Program. Heideman stated that the State Gifted grant funds were earmarked by the State for expenses incurred in the Centralized Gifted Program. Instead, the funds were used in the RSD to provide, in part, equipment, materials and supplies for the Satellite Gifted Programs. Id.

  Despite Heideman's "surprise," the Satellite Gifted Programs remained in existence until 1991. As late as the 1989-90 school year, the concealment continued. In that year, staff presented a report to the Board that supposedly recited the history and current locations of the Gifted Programs, but that made no mention of the Satellite Programs or the fact that they were still in existence at that time. B502625.

  The concealment operated at the school level as well. At Eisenhower School, a separate budget existed and materials and equipment for the Satellite Gifted Program were surreptitiously purchased without the knowledge of the school Principal. The RSD's Interrogatory Answers indicate that when the Gifted Program was established in 1977-78, "Satellite Facilities" were part of the program and remained part of the program until the 1990-91 school year when "Satellite Programs [were] dropped." See B41506.

  Ms. Eleanor Brown testified that the segregative effects of the School District's policy led her to remove her daughter, Neangela, from the Gifted Program at King.

  

I just wanted her to be able to know everything about her school and the other people that went there, not just the people in the gifted program. . . . There were always these negatives being taught to the children who were in the gifted program. They always taught them like they were different than the rest of the school, and I know that's how they felt because when I was there, they did the same thing, so I had firsthand experience, and I didn't like that. And I didn't like the fact that when she would see somebody else in the school and she would want to say something to them, it was always, 'no, you stay over there,' and the parents saying, 'yes, because I don't want my kids with those kids over there,' and then not being allowed to do anything with them.

  E. Brown Dep. at 70.

  Ms. Brown further described the physical separation of the students in the Gifted Program from other students at King that she observed during her visits to the school. With regard to the placement of the regular third grade classes at King, Ms. Brown noted, "I actually never really even saw them because I was always at the end of the school where [my daughter] was. . . ." She described the end of the school that housed the Gifted Program as being "sectioned off" from the rest of the school. Id. at 50.

  In describing the physical layout of the school with regard to the issue of separation, Ms. Brown stated:

  

If you go up that stairway, as soon as you turn to your right, that's where the gifted program classes were. If you just stay on that level and you went to the right, then that's where the gifted programs were at. Now if you went up those stairs though and . . . you go down a hall and there is a whole other wing. All those classrooms were non-gifted programs.

   Id. at 51. Ms. Brown also stated that physical separation was highlighted by a King School staffer during a tour Ms. Brown took of the school. During the tour, "They said our regular first grade, second grade are there, and they pointed out the other end of the hallway." Id. at 53. Brown maintained that this separation was prevalent and repeated in every visit that she made to the school. "And every function that I went to, everything was always on one end, so, no, I didn't see everything that happened at the other end of the school because I only went to one end of the school at all times." Id. Regarding other non-academic classes such as music and art, Ms. Brown noted that:

  

They went by past -- they went by past, yes, the other children's classes. . . Music, yes they went to music class down by there, but when they did music productions or anything, they did theirs separate. They learned a different song. They would have one night that they do it, it would be one time they were on the stage, and the rest of the school disappeared.

  Id. at 54-56.

  Regarding school productions and activities, Ms. Brown observed that they were similarly segregated by gifted students and non-gifted students.

  

They actually sang the same song, but they actually split them up. . . The regular education kids in the regular classrooms were together, and those who were in gifted were together. And whenever they did anything where they all came together, they still had them, "you stay over here and the other kids stay over there."

  Id. at 57-58.

  Ms. Brown further described the interaction between white parents and teachers of the Gifted Program at various functions involving the students. In answering a question regarding the segregation of students, Ms. Brown noted, "Because when I went to a couple of functions, I actually heard parents say, 'you better not put my kids with those other kids.'" In particular she mentioned a function put on by the school PTO:

  

The night that I actually went and actually saw the performance where the kids were separated, I heard parents say that, but the parents wouldn't just -- what angered me is the parents wouldn't say the comments just to one another. They would say them to the staff. . . . But if the parents said, 'don't put them together period. I don't want my kids over there,' then what you would see is, you students stay on this side; those students stay on that side. . . . I asked the teacher once about the comments I was getting from the other parents, but the teacher had no response for me. All I heard was a parent say, 'it should better stay that way,' and it did.

  Id. at 60-61, 66.

  Ms. Brown also noted that she felt that the separation of gifted and non-gifted students exacted a psychological toll on the children and that was why she removed her daughter from the program. "Academic-wise, yes, they will say they did it for this reason or that reason, but as far as the children, I think the negative is definitely there emotionally for them, and maybe not for white children but for African-American children." Id. at 71.

  Ms. Susan Belvoir, a parent-plaintiff, testified that in the twelve years she and her children were involved in the Gifted Programs at Rockford, her children never interacted with a minority student. Belvoir Dep. at 13. Similarly, Linda Patterson, a teacher employed by the RSD for the past twenty years, testified that African-American children weren't encouraged to participate in the Wilson School Gifted Program. Throughout the years, there were very few, if any, African-American students enrolled in the program. Finally, Henrietta Dotson-Williams testified that after a teacher and a school psychologist recommended that her (African-American) son, Clifford, be put in a special behavior program, Ms. Williams decided to have Clifford tested for the Gifted Program. Clifford passed the test and was enrolled in the Gifted Program. No one with the RSD ever suggested that Clifford be tested for the Gifted Program.

  The Creative And Performing Arts Program (CAPA)

  The CAPA Program exhibited the same pattern of resegregation during the 1980's as seen in the Gifted Program. An RSD staff summary gave the following "Historical Perspective" on the CAPA Program:

  

The program was started in response to success in other cities. It was patterned after the Cincinnati Performing Arts program. CAPA was one of the last alternative programs started, and was not tied as closely to the integration proposal of the '70s. Middle school grades were the initial part of the program. Grades 4-6 were started in the early 1980's.

  B46291. According to the RSD's Fall 1980 report on alternative program enrollments, the CAPA Program was a desegregated program. At Washington, Grades 4-8 had a minority enrollment of 30%. At Auburn, Grades 9-12 had a minority enrollment of 15%.

  In the 1986-87 school year, enrollment in the CAPA Program at the middle and high school levels included fairly adequate numbers of African-American students, but very few Hispanic students. Over the next five years the African-American enrollment dropped substantially. Driscoll Report, B24820. In 1986, at the high school level, the CAPA Program at Auburn had an African-American enrollment of 23.6% and a Hispanic enrollment of 1.3%. Detailed grade-by-grade information available for the Fall of 1990, showed the progressive resegregation that was occurring in the high school CAPA Program. That data showed a decline over a four-year period in the number and the percentage of African-American students participating in CAPA: African- African- Grade American Number American Percentage Entry Year 12 23 28.0% 1987 11 18 20.7% 1988 10 12 18.8% 1989 9 6 9.7% 1990 In 1986, at the middle school level, CAPA Grades 4-8 at Wilson had an African-American enrollment of 15.7% and a Hispanic enrollment of 0.4%. The composition of the elementary Creative And Performing Arts (CAPA) Program, in school year 1988-89, (located in Grades 4-6 at Wilson) was as follows: White 93.6% African-American 3.6% Hispanic 2.7%

  D10770. By the Fall of 1989, African-American enrollment in the CAPA Middle School Program (Grades 7-8) was down to 12.3%. Hispanic enrollment was down to zero. B507433.

  The Fall 1990 grade-by-race data showed a similar trend in the CAPA Grades 4-8 Program. In the Fall of 1990, Grades 6 and 7 each had ten African-American students (about 12% of the enrollment at that grade level), while Grades 4 and 5 each had only three African-American students enrolled. B0066. This data indicated significant declines in the African-American enrollment in the CAPA Program from 1986 through 1990, despite the entry of the First Interim Order in 1989.

  The District managed the CAPA entrance process in such a way as to rapidly resegregate the program. A historical overview of the Gifted and CAPA Programs indicated that, in 1988, additional criteria were added for CAPA enrollment, including a teacher recommendation and a "creativity questionnaire." B41506. The RSD created this segregated composition in CAPA even though the criteria for entry were based largely on capability in the performing arts, rather than academic achievement. The educational prerequisite for the program was only a 40th percentile score on a standardized reading test. Once past that threshold, selection was based on auditions judged by program staff (90%) and on "parent observation of traits of creativity" (10%). D10790. The fact that the RSD could operate a Performing Arts Program that was 93.6% white, despite the absence of any significant academic entry obstacle for minority students, shows, in this court's mind, the segregated nature of the RSD's high-status alternative programs.

  During his deposition, Mr. Gary Heideman was asked about the small minority representation in the CAPA Program. Heideman responded that "selection of students for [the CAPA] Program . . . rests upon subjective evaluation." Heideman Dep. at 56. Heideman added that he was unable to question the scoring of auditions for the program and did not have any idea about the number of minority students who tried out for the program. Id.

  Montessori

  The Montessori Program was another high-status elementary alternative program that was resegregated by the RSD. In the Fall of 1980, the Montessori Program was located at Henrietta School and had a 26% minority enrollment. B4068. By the 1986-87 school year, the Montessori Program at Lathrop School was down to an 11.5% African-American and a 0.9% Hispanic enrollment. In that year, the 88% white program contrasted with a regular enrollment at Lathrop which was 38% African-American and 4% Hispanic. Driscoll Report, B24820. In the 1988-89 school year, the Montessori Program (Grades pre-K through 6 at Lathrop) was 89% white, 11% African-American and 0% Hispanic students. The virtually all-white Montessori Program contrasted with the regular enrollment at Lathrop that was 42% minority.

  No academic achievement prerequisites for entry for the Montessori Program were enforced. Students were selected based upon teacher observations and interviews. Most applicants were admitted. The mechanism by which the segregated nature of the program was maintained was the prerequisite that a student must have attended a Montessori preschool at age four in order to be admitted into the Montessori kindergarten at age five. No students were allowed to enter the program, at kindergarten or any higher grade, without previous Montessori training. Participation in the RSD's Montessori preschool at age four required a tuition payment of $ 1,500. Private Montessori preschools charged comparable tuitions. Additionally, the only entry point was to start one's child in Montessori preschool more than a year before students normally start public school kindergarten. Ironically, the Montessori Program was originally created about a century ago in Italy as a unique educational model designed specifically for low-income disadvantaged students.

  With respect to the RSD's Montessori Program, Superintendent Sullivan produced, at his deposition, a memorandum from Elementary Director Barbara Lyman that stated, in part, that the District charged $ 1,500 for its Montessori Preschool Program, a charge "based on the cost of the private [Montessori] schools." Sullivan Dep., Ex. 2. Attendance at a Montessori preschool (either public or private) was a prerequisite to entry into the Montessori Program at kindergarten. The combined effect of these two requirements was that there was a major economic barrier to participation in the Montessori Program.

  Ms. Ardis Cook, a parent, testified about her daughter's enrollment, or attempt to enroll, into a Montessori Program at Lathrop School in 1983. Cook Dep. at 41. She testified that "the process to enroll was to get on the waiting list and then they did a test." Id. at 42. Ms. Cook was one of the first people to sign up on the waiting list. "I took her down to the school. We had an appointment time and then they did an evaluation." Id. at 43. The applicant waited for the results. "I got a letter saying that while she was appropriate, that she would not be accepted at this time and to try again next year. So I called them when I got the letter." Id. The letter was signed by someone from the Board office. Id. at 44. Dr. Tucker told Ms. Cook "that the reason why they had the program at Lathrop was to achieve racial balance. Since my child was black, they really didn't need any more black children at the school." Id. at 46. "If I still disagreed with it, they gave me the name and phone number of the person that I could appeal it to." Id.

  Ms. Cook further testified that the same person who signed that letter was the person who was in charge of all those programs. Id. at 47.

  

She tried to tell me that, you know, they get so many children and so many children are appropriate. . . . I confronted her with the issue that I think that the reason my child didn't get in because she was black and you already have black children. And the reasons that they had the programs there are because you're trying to get white children there. And my child should not suffer and not be able to get into a program that is appropriate for her just because of her race. She agreed with me on that. And said, well, you know, I have to look and review and see what the situation is. I'm not totally sure that that was the exact situation. Let me review it. A week or two weeks later I got a letter saying she was accepted.

  

. . . .

  

At that time Montessori only had, besides my daughter, two other African-American children in the program. And it went from preschool up to sixth grade . . . Montessori had its own internal program within the school. It was like a private school within the public school. We had our own association. We had our own events. We had our own meetings. They sent a directory of all of the students and their parents and their sibs.

  Id. at 47-48.

  Ms. Doris Nolan was familiar with the Montessori Alternative Program at Lathrop while she was a teacher there. She taught in one hall and the Montessori Program was in another hall. She testified:

  

And the children there were kept separate from the children in the other part of the school. And the recognition that the school received was always from the Montessori children, and that's a fact . . . The teachers interact, students did not. The Montessori children were the Montessori children. The regular class was the regular class. [Even at lunchtime] they all sat at their own tables. They were still separated . . . Each classroom had their own table.

  Nolan Dep. at 45-47.

  The Academics Plus Program

  The Academics Plus Program at Bloom School was the partial-site remnant of the full-site Focus Center that the District initiated in the late 1970's. The same pattern of resegregation was exhibited in the Academics Plus Program during the 1980's. According to District reports, the African-American enrollment in the program declined from 15% in 1980, to 6% in 1986, to 4% in 1988. In the Fall of 1980, the RSD reported the full-site Academics Plus Program at Bloom had 79 African-American students out of a total enrollment of 515, or 15%. B4068. For the 1986-87 school year, the RSD reported the Focus Center had a 12.2% African-American enrollment (29 of 238), and no Hispanic students enrolled. At that time, the regular Bloom enrollment of 312 students was reported as 96% white. Viewing the school as a whole, the African-American enrollment was 5.5%. Driscoll Report, B24821.

  Two years later, in 1988, the District reported that all students at Bloom were considered to be part of the Focus Center and that 21 of the 517 students (4.1%) were minority. The official Fall Housing Report for Fall 1988, however, showed 17 African-American students at Bloom, constituting 3.3% of the 517 total enrollment. B10657. In the same year, Hispanic enrollment at Bloom consisted of one student (0.2%).

  No academic entrance restrictions existed at Bloom restricting minority entry into the Academics Plus Program. According to the RSD, enrollment was on a first-come, first-serve basis, with no criteria other than parental interest. The District, however, made no effort to recruit minority students and was no longer providing transportation for minority transfers. The Academics Plus Alternative Program was 94% white.

  Arts Alternative

  The only high-status elementary alternative program operated by the RSD that remained desegregated was the Arts Alternative Program. In the Fall of 1980, the program was located at Dennis School and had an 11% African-American enrollment. B4068.

  In the 1986-87 school year, this program had a 21.3% African-American enrollment, mirroring the systemwide K-6 African-American enrollment for that year. Hispanics comprised 1.6% of the program compared to a 4.4% systemwide enrollment for that year. Driscoll Report, B24819. Despite its own mixed enrollment, the Arts Alternative Program existed as a separate 77% white program within Ellis School, in contrast to a regular Ellis enrollment that was 86% African-American. In the 1988-89 school year, the minority composition of the Arts Alternative Program was 22% African-American and 0.8% Hispanic. Despite its own mixed enrollment for this school year, the Arts Alternative Program existed as a separate 77% white program within Ellis School, in contrast to a regular Ellis enrollment of 85% African-American (163 of 192 students).

  Low-Status Alternative Programs

  About one-third of the alternative programs in the RSD were low-status programs for "slow learners" or "underachievers". The low-status programs were established for the same policy reasons as the high-status programs, that is, to locate unique programs in predominantly minority schools where they would attract transfer students in order to desegregate school enrollments. See Alternative Enrollments and Minority Percentages, 12/15/80, B4068; Driscoll Report, B24821; D10747; D10755; D10709; D10581. While the high-status programs were almost exclusively white, the "slow learners" and "underachiever" low-status programs had large proportions of minority students.

  The Get It Together (GIT) Program was designed for capable but underachieving students. D10709. The program was a self-contained basic skills program. In the Fall of 1980, the GIT Elementary Program was in two locations. The Barbour location was 14% African-American and 2% Hispanic. The Froberg location was 62% African-American and 4% Hispanic. B4068. In the 1986-87 school year, GIT was located only at Barbour, with 25% African-American and 3% Hispanic students enrolled. B24820. At that time the program contrasted with the regular enrollment at Barbour that was 86% African-American and 7% Hispanic. In the 1988-89 school year, 26% African-American and 6% Hispanic students were enrolled. D10709.

  The Career Awareness and Survival Skills (CASS) Program was initiated in the RSD in 1979. The program was designed for "slow learners" who formerly would have qualified for Special Education, but under the new federal guidelines were to be mainstreamed into regular classrooms. Instead, these students were placed into the CASS Program, which was a "self-contained" alternative program. D10747.

  In the Fall of 1980, CASS was located at Ellis School, and had a 56% African-American enrollment and a 3% Hispanic enrollment. B4068. In 1986-87, the racial composition of the CASS Program was 50% African-American and 0% Hispanic, with similarly-composed classrooms located at both Haskell and Jackson Schools. B24820. In the 1988-89 school year, the composition of the CASS Program was 60% minority, located at the same two schools. D10747.

  The Transition Program was identified by the RSD as an alternative program in its 1989 interrogatory answers. That program was established for students who were perceived to have failed kindergarten, those not ready to enter regular first grade. In the 1988-89 school year, the transition program was located at fourteen elementary schools, five of which were in the Southwest Quadrant. The overall composition of the fourteen sites was 45% African-American and 2% Hispanic.

  CONCLUSIONS OF LAW

  Intentional conduct that causes segregation within particular schools is the same as intentional conduct resulting in systemwide segregation. Such "internal segregation" is unlawful. Reed v. Rhodes, 607 F.2d 714, 731 (6th Cir. 1979); Hobson v. Hansen, 269 F. Supp. 401, 511-14 (D. D.C. 1967), aff'd sub. nom., Smuck v. Hobson, 132 U.S. App. D.C. 372, 408 F.2d 175 (D.C. Cir. 1969). As far as the students are concerned, internal segregation may be even more invidious than segregation by schools, since its effects are observable to the students each day. Hart v. Community School Bd. of Educ., New York School Dist. #21, 383 F. Supp. at 699, 740 (E.D.N.Y. 1974), aff'd, 512 F.2d 37 (2nd Cir. 1975).

  A school district may not segregate students within a putatively integrated school by educating them in racially imbalanced classes or programs that are separate, isolated and insulated educational units. See Reed, 607 F.2d at 731; United States v. Yonkers Bd. of Educ., 624 F. Supp. 1276, 1460 (S.D.N.Y. 1985), aff'd, 837 F.2d 1181 (2d Cir. 1987). Courts have found within-school segregation unlawful in various types of programs, including gifted programs. See, e.g., Spangler v. Pasadena City Bd. of Educ., 311 F. Supp. 501, 519 (C.D. Cal. 1970) (special interest programs); Yonkers, 624 F. Supp. at 1445-46 (special education programs and tracked programs); and Hart, 383 F. Supp. at 740.

  Tracking and ability grouping are common means of maintaining racial isolation within a putatively desegregated school. See, Hart, 383 F. Supp. at 740; Spangler, 311 F. Supp. at 519. Ability grouping and tracking practices are not unconstitutional per se. See, e.g., Quarles v. Oxford Mun. Separate School Dist., 868 F.2d 750, 753 (5th Cir. 1989); Castaneda v. Pickard, 648 F.2d 989, 994 (5th Cir. 1981). Rather whether a district may use ability grouping and tracking that has a disparate impact on minorities depends upon: (1) whether the school district is unitary; and (2) whether the program or procedures are tainted by racial discrimination. See, United States v. Gadsden County School Dist., 572 F.2d 1049 (5th Cir. 1978); Spangler, 311 F. Supp. at 519. Generally, school districts operating under an affirmative duty to desegregate may use ability grouping or tracking practices only if such practices do not have a racially segregative effect. See e.g., Gadsden County School District, 572 F.2d at 1051-52 (ability grouping system unlawful because it perpetuated past discrimination); Lemon v. Bossier Parish School Bd., 444 F.2d 1400, 1401 (5th Cir. 1971) (testing as a basis for assignment to schools prohibited when school district not unitary). No school district may act with segregatory or discriminatory intent in utilizing grouping or tracking practices. See, Georgia State Conf. of Branch of NAACP, 775 F.2d at 1403, 1415-15 (11th Cir. 1985); Spangler, 311 F. Supp. at 519.

  One important factor in evaluating an ability grouping program is whether the program, once sufficiently established, is effective in overcoming the problems it was designed to address. See Gadsden, 572 F.2d at 1052. In this regard, movement of students between ability groups provides a crucial indication: if ability grouping is providing all students with better educational opportunities, there should be movement of students from the lower sections to higher sections. Id.; see also, Quarles, 868 F.2d at 755 (court notes impressive degree of movement among achievement levels by African-American students as well as white students). In an unlawful program, minority students may be locked into achievement groups and fail to move upward over time. Cf. Georgia State Conference of Branch of NAACP, 775 F.2d at 1419-20.

  The practices of screening and steering minority students into particular educational programs are another cause of within school segregation. See e.g., Yonkers, 624 F. Supp. at 1445; Smuck v. Hobson, 132 U.S. App. D.C. 372, 408 F.2d 175, 183 (D.C. Cir. 1969). "Steering" occurs when minority students receive academic counselling different from that received by white students. Yonkers, 624 F. Supp. at 1445-46. One common form of steering involves advising or encouraging minority students to enroll in a high school's general program (geared for non-college-bound students) instead of the school's regular academic program. Id.

  "Screening" involves the discriminatory use of procedures and requirements in order to limit minority enrollment in particular programs. Yonkers, 624 F. Supp. at 1448-50. Some of the mechanisms that may be employed to limit minority enrollment in educational programs (and hence increase segregation) are counselor recommendations, reports on student behavior and educationally imprecise standards and test scores. Id. Particularly significant is when a school board is aware of the racially disproportionate consequences of the admissions process for a program, but fails to take action to address this condition. Id.

  "Intact busing" is another form of within school segregation. Intact busing is "a classic segregative technique" in which African-American (or white) children are bused away from their neighborhood school to an identifiably opposite-race school. The transfer students are then isolated in classrooms separate from the receiving school's student population. Higgins v. Bd. of Education of Grand Rapids, 508 F.2d 779, 787 (6th Cir. 1974); Berry v. School Dist. of Benton Harbor, 442 F. Supp. 1280, 1306 (W.D. Mich. 1977). Intact busing serves to "convert integrative opportunities to racially segregative nightmares for the children involved." Reed, 455 F. Supp. 546, 563. Intact busing not only is a constitutional violation, but also constitutes strong evidence of discriminatory intent. See Reed, 455 F. Supp. at 563; Berry, 442 F. Supp. at 1306; Armstrong v. O'Connell, 451 F. Supp. 817, 836-844 (E.D. Wis. 1978).

  Based upon the foregoing, the court finds that on repeated occasions, the RSD engaged in intentional conduct causing the unlawful segregation of students by race within schools. The RSD engaged in a series of purported "desegregation" transfer programs. Among the proposed and implemented "desegregation programs" promoting within-school segregation were:

  

The Grade Exchange Plan, which was in reality a system of intact busing with white students being sent to their own classrooms at black schools and vice-versa;

  

Special Interest Centers, in which minority classes were often placed in an all-white school for a few days a year, kept separate, and then counted into the total percentage of students in an "integration" program; and

  

Partial-site Alternative Programs, which consisted of high-status identifiably white programs such as Gifted, CAPA and Montessori, and low-status identifiably minority programs such as GIT and CASS.

  On many occasions during the 1970's and the 1980's, minority students bused to majority schools were unlawfully separated in receiving schools for purposes of instruction, lunch and recess. The RSD unlawfully segregated and stigmatized minority special education students by isolating predominantly minority self-contained special education programs within non-Southwest Quadrant schools. Similarly, the RSD's partial-site alternative programs caused within-school segregation by creating virtually all-white enclaves of independent curricula that were totally separate from the regular academic pursuits of the predominantly African-American schools in which they were housed.

  The centralized Gifted Program initiated at Wilson School in 1975 unlawfully created a segregated "school within a school" for white students. The design and use of the Gifted Program at Wilson as a program almost exclusively for white students led to within-school segregation. The Gifted Program at Auburn High School was similarly segregated from the rest of the school. During the 1980's the Gifted Programs, which were the principal source of movement of white students for integration purposes, were maintained as bastions of unlawful within-school segregation. Despite the RSD's knowledge of these highly segregated conditions, the RSD failed to take any action whatsoever to increase participation of minority students in the Gifted-Programs.

  Additionally, the creation of a "Minority Gifted Program" was an unlawful and explicitly segregative act. The "satellite" Gifted Programs were also conceived and operated on an unlawfully discriminatory basis. The court further finds that the RSD unlawfully resegregated the CAPA Program, the Montessori Program, and the Academics Plus Program during the 1980's. In contrast to the identifiably white high-status alternative programs operated by the RSD, the RSD operated alternative programs for "slow learners" or "underachievers" that were low-status and identifiably minority.

  Accordingly, the court concludes as a matter of law, that the RSD engaged in intentional and purposeful discrimination in regard to the operation of the District's purported desegregation programs, tracking system, Bilingual Education Program, magnet school program and its various alternative educational programs. This intentional conduct resulted in systemwide segregation. The stigmatizing effect on the students is considered by this court to be a cruel act perpetuated by the RSD on its students.

  STUDENT ASSIGNMENT

  INTRODUCTION

  The Rockford School District consistently gerrymandered school attendance area boundaries in order to separate majority children from minority children. The RSD located new schools in geographic areas so as to insure that the schools would be racially-identifiable white. When the RSD closed a school, it reassigned students so that majority children would attend racially-identifiable white schools and minority children would attend racially-identifiable minority schools. This School District has a long history of using racial considerations when drawing school boundaries and making student assignments.

  Over a period of time, the RSD has been under pressure from a variety of sources, including the Federal courts, to change its practice of isolating minority students. The documentary and testimonial evidence depict a District resistant to changes that would alleviate the patterns of racial isolation. The limited changes that were made tended to place a disparate burden upon the minority population.

  The following findings are divided into three interdependent parts. The first part addresses student assignment and school boundaries prior to the influence of the QUEFAC lawsuit and the ISBE investigation. Part two focuses on the QUEFAC lawsuit and the ISBE investigation. Part three examines actions of the School District subsequent to the QUEFAC lawsuit and the ISBE investigation.

  FINDINGS OF FACT

  Student Assignment and School Boundaries Prior to the QUEFAC Lawsuit and the ISBE Investigation

  Student Assignment in the Late 1950's and Early 1960's

  The Rockford School District's secondary school boundaries did not change from 1953 to 1963. In 1953, the RSD maintained two high schools, East High School, serving all of the students east of the Rock River, and West High School, serving all the students west of the Rock River. See School Boundary Descriptions, 1950/51-1957/58, D23614. The RSD maintained four middle schools: Lincoln Park, Roosevelt, Lincoln and Washington. Between 1953 and 1962, none of the school boundaries crossed the Rock River. Id.

  In 1962, the RSD considered some changes in school boundaries. On July 9, 1962, Samuel L. Dean, Jr., an African-American attorney in Rockford, wrote a letter to the RBE. Mr. Dean, at that time, was chair of a group called "Future Outlook League." Mr. Dean and his group knew that the Board was contemplating moving the school boundaries in the southwest section of the city to the east, from the Rock River to Kishwaukee Street. As such, minority students in this area would be sent west to schools in the Southwest Quadrant. In his letter, Mr. Dean stated:

  

This will mean a concentration of Negro students in the Washington Junior High School and West High School and then almost complete elimination of them from Jefferson Junior High School and East High School. We feel that in view of the fact that these schools have been fairly evenly integrated in the past, such a move would be very undesirable for the colored population of Rockford. The pattern of segregated schools is one that is highly frowned upon by the negro citizens in any of the northern cities where this practice occurs. It leads to inferior teachers, overcrowding, and all of the many of the ills concurrent with segregated education. This matter has been successfully attacked in the federal court by the citizens of New Rochelle, New York last year and has repeatedly been under attack in the City of Chicago during the current year.

  Bd. Min., 7/9/62, B8632.

  In 1963, the RSD enlarged the boundary for the two Westside secondary schools by approving the boundary change discussed in Mr. Dean's letter. Attendance Boundaries, 1961, D23618. The effect was to increase the concentrations of African-Americans in both of the Southwest Quadrant secondary schools and increase the percentage of whites in the southeast quadrant secondary schools.

  The RSD made other changes in attendance area boundaries in 1963. The only two integrated elementary schools on the east side of the Rock River were affected. These schools housed more than 50% of the RSD's total population of African-American students. The students located in the area in the south half of Kishwaukee Street, 6% African-American, were assigned to Washington, a Westside African-American junior high school, and to West High School, a Westside integrated high school. Students in Hall School, 10% African-American in 1960 and 22% African-American in 1967, were given the option of attending either West or East High Schools. The 1963 boundary for Washington Junior High School included the following area east of the Rock River: Following Keith Creek southeast to Kishwaukee Street, south on center of Kishwaukee Street to Blackhawk Park Avenue, west on center of Blackhawk Park Avenue to Magnolia, south on Magnolia (including both sides) to Quaker Road, west on Quaker Road to the Rock River. Much of the Southwest Quadrant area on the west side of the Rock River was also included.

  The boundary of West High School was the area west of the river plus the eastside portion of Washington Junior High School area. Students in the area bounded by Y Boulevard, Longwood Street, East State Street and the Rock River, essentially the students in the Hall School area on the east side of the Rock River in downtown Rockford, also had the option of choosing either East or West High Schools.

  In 1965, the following additional attendance zones that crossed the Rock River were established:

  

The Hall and Kishwaukee Districts on the east side of the river, south to Keith Creek, which later became the boundary between Kishwaukee and Beyer when Beyer was built later in the 1960's, were in the East High School zone as it was east of the Rock River.

  

Students entering seventh grade living on the east side of the river, west of North Longwood or Kishwaukee Street from Y Boulevard and Keith Creek, could choose either Washington or Roosevelt Junior High and West High School on the Westside or choose Lincoln Junior High School and East High School on the Eastside.

  

Students from grades seven through twelve who were already enrolled in a Westside or Eastside secondary school and who moved into this area, were required to continue in the school where they were enrolled.

  

Students new to the district who moved into this area were allowed to choose either Westside or Eastside secondary schools.

  

Students in the area to the north, bounded by North Second Street, Spring Creek Road, Park View Avenue and Sinnissippi Park, were allowed to choose to go to the Westside schools, Walker, Roosevelt and West, although they were in the Guilford High School District.

  RSD Attendance Boundaries, 1965, D23634; Boundary Maps and Student Placement Tables, 2/1/91, B37931. In 1960 and 1967 respectively, Kishwaukee School was 6% and 11% African-American and Hall School was 10% and 22% African-American. In 1966, the Sinnissippi Park area, bounded by North Second Street, Spring Creek Road, Parkview Avenue and Sinnissippi Park, was eliminated and was made exclusively a part of the Guilford High School District. RSD Attendance Boundaries, 1966, D23652.

  Attempts By Superintendent McIntosh to Re-Assign Students

  In March of 1959, Superintendent McIntosh proposed reassigning students from the Kishwaukee (6% African-American in 1960) and Alpine (all white in 1960) elementary districts in the Southeast Quadrant to Washington Junior High School in the Southwest Quadrant. Washington was then a racially-identifiable junior high school with 22% African-American students and had the heaviest concentration of minority students of any secondary school in the RSD at the time. The reassignment proposal was based upon the Superintendent's desire to better utilize building capacity. The RSD received protests against the proposal from white parents in the two Eastside districts and the proposal was subsequently withdrawn. See Bd. Mins., 3/9/59, B7115; 3/23/59, B7121; 4/13/59, B7151; 10/26/59, B7434; PPC Report, B505857.

   In April of 1959, parents from the all white Summerdale elementary district in the Northwest Quadrant outside of the RSD, protested the proposed reassignment of their children to Wilson Junior High School. Wilson was located in the west end of the Southwest Quadrant and had a population of 7% African-American students in 1960. The same parents also protested the proposed reassignment to the adjacent, and soon to be opened, Auburn High School from the areas of assignment, Roosevelt Junior High School in the Southwest Quadrant with a population of 1% African-American students in 1960, and West High School in the same general area as Roosevelt with a 5% African-American student population. The RSD withdrew the plan to transfer these students as a result of the protests. Bd. Mins., 4/16/59, B7133; 4/13/59, B7151.

  In November of 1959, Superintendent McIntosh proposed changes in the secondary school boundaries in order to address overcrowding on the Eastside at the all white Lincoln Junior High and at East High School, having a 1% African-American student population. The schools were on double shifts because of overcrowding. Superintendent McIntosh proposed that ninth graders from schools outside of the RSD be transferred from Lincoln Junior High to Wilson Junior High. He also proposed that all other out-of-district ninth, tenth and eleventh graders be sent to either Wilson Junior High or West High School in the near Northwest, with a 5% African-American student population, instead of East High School. Superintendent McIntosh's proposal generated petitions and protests from hundreds of white parents of children from outside of the RSD who were or would be attending RSD secondary schools. Bd. Mins., 11/9/59, B7470; 12/14/59, B7480; 12/28/59, B7502. With the exception of the Lincoln Park School area to the west of the RSD, no school zone had more than a 1% African-American student population that was outside of the RSD and was sending students to RSD schools.

  Superintendent McIntosh responded to the parent protests by stating that granting the requests of these parents would result in 2800 students at East High School and the continuation of double shifts. East High School has a capacity of 1768 students. He further noted:

  

1. That second shift students at East High were frequently unable to engage in extracurricular activities;

  

2. That the East High faculty was overburdened; and

  

3. That Auburn was scheduled to be opened in 1960 and must be used to relieve overcrowding.

  Superintendent McIntosh further noted that continued overcrowding might jeopardize the accreditation of the involved schools by the State authorities. Nonetheless, the RBE decided that the parents of children residing in the Northeast Quadrant outside of the RSD could choose to continue to send their children to Eastside schools or could choose to send their children to Westside schools. *fn7" Bd. Min., 2/28/59, B7502.

  In December of 1961, in anticipation of the opening of the new Guilford High School in the far Northeast Quadrant of Rockford in the 1962-63 school year, students who were to be in ninth grade at Lincoln Junior High and who lived north of Rural Street were given the option of attending either Lincoln Junior High or Guilford High Schools. Bd. Min., 12/11/61, B8377; Attendance Boundaries, 1963, D23618. Even though the Westside facilities of West High School and Roosevelt Junior High School had excess capacity and even though West and Roosevelt were close to the homes of these students, the students were not given the option of attending West or Roosevelt. No parents protested this move by the RSD. The students in question were predominantly or exclusively white.

  In September of 1963, Superintendent McIntosh reported to the RBE that all four RSD high schools and the two Eastside junior high schools were over capacity. The three Westside junior high schools, however, were not overcrowded. Further, the Westside high schools, particularly Auburn, were much less crowded than the Eastside high schools. Nevertheless, in the 1960's, the RSD engaged in no attempt to send white children from white Eastside schools to the available openings in the Westside secondary schools. Such was the case even though many of the white students living east of the Rock River were closer to the Westside secondary schools than to the Eastside secondary schools where they were assigned.

  On September 9, 1963, RBE member Clifford Carlson suggested shifting students from Guilford High School to Auburn High School in order to alleviate overcrowding at Guilford. Although Auburn was the furthest west of the RSD's high schools, it was closer to some of the elementary attendance areas on the east side of the Rock River, which fed into Guilford, than Guilford High School itself. Bd. Min., 9/9/63, B9170. The Guilford High School attendance area included all of central Rockford on the east side of the river, including the Bloom, Jackson, Hall, Wight, Turner, Nelson, Hallstrom, Highland and the northern half of Kishwaukee Elementary Districts. The students living in the Jackson, Hall, Wight Kishwaukee, and Turner attendance areas, as well as others, lived closer to Auburn High School than to Guilford. Attendance Boundary Map, 1967-68, B38708. In spite of this fact, and Board Member Carlson's suggestion, the RSD never mandatorily assigned students in these areas to Auburn High School or to any other Westside secondary school.

  Assignment of Northeast Quadrant Students to Guilford Rather Than West High School

  In March of 1964, in a further effort to deal with the overcrowding of Eastside schools, Superintendent McIntosh announced that students in the Northeast Quadrant, living west of Parkview Avenue and north of Rural Street in the northwest portion of the Northeast Quadrant, would attend West High School rather than Guilford High School. This area included the Bloom Elementary School attendance area. At the time, West High was between 5% and 12% African-American and Guilford was all white. Most of the reassigned students were white. Many parents objected, even though these two schools were roughly equal distance from the area in question.

  In response to the parental opposition, Superintendent McIntosh announced a delay in the implementation of his decision until the 1965-66 school year in order to determine if an addition could be built at Guilford High. Bd. Min., 3/9/64, B10564. The addition to Guilford School was, in fact, built in 1965 and opened in 1966. No further action was taken by the RBE with regard to the involuntary transfer of Northeast Quadrant white children to the Westside African-American or integrated schools. This failure to transfer white students in response to parental pressure furthered the segregation of the RSD's secondary schools.

  Conversion of Jefferson Junior High School to a Senior High School

  By the middle of the 1960's, it was clear to the RBE that even with the newly opened fourth high school, a need for additional high school capacity existed. The RBE began to consider the conversion of one of the junior high schools into a senior high school. Washington Junior High School had fewer students than its capacity and was located in the Southwest Quadrant, the part of the RSD furthest from any existing high school. Washington Junior High also had by far the largest percentage of African-American students of any secondary school in the RSD with an African-American population of 22% in 1960 and 50% in 1967. PPC Report at 74, B505856. Washington would, therefore, have been a logical choice to convert to a high school.

  The conversion of Washington to a senior high school was considered by the RBE in 1964. The Board decided against such a move for the purported reason that there were not enough students in Washington's existing attendance area. Bd. Mins., 11/13/64, B10489; 12/7/64, B10519. This reason made no practical sense because the attendance area of Washington could easily have been expanded across the Rock River in order to include additional students. The additional students, however, would have been white students, who would thus have attended an African-American school. Instead, the District decided to convert Jefferson Junior High School, on the Southeast side, into a senior high school and to assign it an attendance area entirely east of the river. The plan went into effect in 1971, and Jefferson High School remained at that location until a new Jefferson High School was built in 1978, located farther south in the Southeast Quadrant.

  When Jefferson opened as a high school in 1971, it had a 6% African-American student population. The District-wide high school population at the time was 10% African-American. Washington Junior High School, which had been renamed Washington Community School, had a 52% African-American student population. The RSD's decision to convert Jefferson to a high school rather than Washington and make it an "Eastside school" furthered the segregation of the RSD secondary schools.

  West Side Elementary School Boundaries -- Late 1950's - Early 1960's

  During the 1950's, two elementary school areas were located on the west bank of the Rock River between the Walker School attendance area, beginning at Guard Street, and the Montague School attendance area, beginning at Kent Creek. The two Westside schools were Garrison on the north, and Franklin on the south. The basic boundaries of the Garrison School area were Benderwirt, King and Reynolds Streets on the north, Main and Guard Streets on the northeast, the Rock River on the southeast, Whitman Street on the south and Kilburn Avenue on the west. Franklin School was immediately to the south, bounded by Kent Creek on the west and south. Attendance Boundaries, 1950-51, D23604.

  By the late 1950's, a growing number of African-Americans were residing in the Franklin School area, which area encompassed the southern border of the Summerdale School area, and the west part of the Garrison School area, adjacent to the eastern boundary of Church School, which remained all white. In 1959, the RSD built Haskell School in this part of the city, and drew attendance boundary lines that included all of the African-Americans living in the area of Summerdale, Garrison and the northern part of Franklin. The boundary lines of the new Haskell School were Auburn and Rockton, south on Rockton to Garfield, east on Garfield to Ridge Avenue, south on Ridge Avenue, extended to Fisher Avenue and Court Street, west on Fisher Avenue to Acorn Street, west on Acorn to Kilburn and north on Kilburn to Rockton. Bd. Min., 3/9/59, B7117.

  In 1960, as a result of these boundaries, Church and Summerdale schools had a 100% white student population, Garrison had a 3% African-American student population and the newly opened Haskell School was racially identifiable African-American with a 23% African-American population.

  In 1963 and in 1966, the boundaries of Haskell School were expanded. Attendance Boundaries, 1963, D23626; 1966, D23651; Student Assignment Boundary Map, 1967-68, B38708. As a result of this expansion of the Haskell School attendance area, by 1967, Church School and Summerdale School remained all white, Garrison School's African-American population decreased to 1% and Haskell's population increased to 37% African-American.

  This gerrymandering of boundaries furthered the segregation of the RSD's Westside elementary schools. Although it was surrounded on three sides by schools with substantial African-American student populations in 1967 (Haskell, 37% African-American; Ellis, 50% African-American; and McIntosh, 20% African-American), Church School did not receive its first African-American student until 1968. In 1968, when Mr. Alfred Brewington and his family moved into the newly constructed Fairgrounds Valley Housing Development, on the east side of Kent Creek, Mr. Brewington, an African-American, sent his daughter to Church School.

  Refusal to Reassign Students to Balance School Utilization in 1965

  In 1965, the RBE appointed Dr. Thomas H. Shaheen as the new Superintendent of the RSD. Bd. Mins., 11/8/65, B10875; 7/12/65, B11166. Within the first six months of his superintendency, the new superintendent had to deal with the problem of overcrowding in many of the RSD's schools.

  In January of 1966, Superintendent Shaheen suggested to the RBE that class sizes in the various schools be balanced either by renting additional space or by transporting students to less crowded schools. Bd. Min., 11/7/66, B11244. At the time, the RBE was building two new elementary schools, McIntosh in the west end of the Southwest Quadrant, in between Wilson Junior High School and Church Elementary School (a part of town that had a sizeable African-American community) and Swan Hillman, in the far southeast corner of the Southeast Quadrant (an all white area). Superintendent Shaheen recommended that, if these two new schools were not opened by Fall 1966, students from overcrowded schools in those areas be transported to other schools with available capacity. The RBE rejected the Superintendent's recommendation. Instead, the Board decided that the students who would be attending McIntosh and Swan Hillman would be kept together and housed in emergency areas in the presently existing school buildings or in rented facilities, rather than being transported to other schools. The RBE's sole African-American member, Marcella Harris, voted against this decision.

  The RBE also approved moving sixth grade students from the areas adjacent to McIntosh School to a new addition being built at Wilson Junior High School. The schools adjacent to McIntosh were Ellis, Henrietta and Church. At the time, Ellis was 50% African-American and Henrietta 66% African-American. Church School was all white. Bd. Min., 2/7/66, B11252. The refusal to accept Superintendent Shaheen's recommendation to shift students to ease overcrowding, except within a predominantly African-American area, furthered segregation in RSD elementary schools.

  Assignment of Morris Kennedy and Nashold Ninth Graders From School District 125 to Auburn High School

  In April of 1967, the RBE proposed assigning ninth graders from School District 125, south of Rockford District 205 on the east side of the Rock River, to Auburn High School. District 125 was one of the districts in the consolidated School District 211, which was the elementary school district outside of the RSD that used RSD secondary schools. The proposal was designed to lessen the serious overcrowding of Guilford High School. District 125 was almost exclusively white. The two schools involved were Nashold and Morris Kennedy. Auburn High, on the west end of the Southwest Quadrant, was 15% African-American in 1967.

  On May 22, 1967, the RBE decided to implement the proposal to send District 125 ninth graders to Auburn, but also appointed a committee to study the situation for possible reconsideration in the 1968-69 school year. Bd. Min., 5/22/67, B11530. In 1970, the decision was reversed. The Board stated a policy that all student assignment would be done on "a neighborhood school basis" and that there would be no cross-town busing. Bd. Min., 4/28/69, B12128; 5/12/69, B12149; RSD Student Assignment Data and Boundary Map, 2/1/71, B37933. Accordingly, the ninth grade students were sent a farther distance to attend high school at 99% white, overcrowded (161% of CDB), Guilford High, starting in the 1970-71 school year.

  "Rockford Team" 1967 Integration Proposals

  In the Spring of 1967, Superintendent Shaheen, two board members and a group of Rockford citizens attended an integration workshop in Chicago conducted by Dr. Armin Beck, a leader in urban education in the late 1960's. Following this workshop, in June of 1967, this team of people, "the Rockford Team", issued and presented to the RBE a report entitled "Abstract Rockford Team" that contained the team's views on urban education. See T. Shaheen Test., Tr. at 29.

  The report stated that compensatory programs used to counteract the negative influences of racial isolation achieved "little or nothing in comparison to the effects achieved by integration." Noted barriers in the white community to the resolution of civil rights problems in Rockford included: a high level of affluence and a "highly sophisticated procedure of smothering emerging Negro leadership in the benevolent paternalism of the white power structure." Noted barriers to school desegregation in the RSD included the lack of a policy statement by the RBE and the lack of transportation provided by the RSD.

  Specifically, the Rockford Team described their concern in regard to racial isolation if Franklin School, having a 41% African-American student population, was demolished and its students were sent to nearby Haskell, Garrison and Ellis Schools. Haskell and Ellis Schools had growing minority populations. An addition was planned for Ellis that would increase Ellis' minority population. An addition was also planned for predominantly white Garrison and Walker Schools. The Rockford Team suggested that the addition to Ellis be postponed and consideration be given to increasing the size of the additions at Garrison and Walker in order to send Franklin students to Haskell, Garrison and Walker so as to minimize racial isolation.

  Contrary to the Rockford Team's suggestion, in 1969, the RSD built additions onto Ellis, Haskell and Walker. The RSD not only proceeded with the addition to Ellis, but also purchased Muldoon School in 1971 in order to handle the overflow of students. In 1971, also contrary to the Rockford Team's suggestion, the RSD closed Franklin School and sent its student population, 55% African-American, to two predominantly African-American schools, Haskell School, which went from 62% African-American to 64% African-American in 1971-72, and Ellis School, which went from 65% African-American to 69% African-American in 1971-72.

  In addition, the Rockford Team made suggestions with regard to student assignment in the then current and soon to be built middle schools. The first suggestion was to convert segregated, low achievement Washington Junior High School to a ninth grade Center and simultaneously convert white, high achievement Lincoln Junior High School and Jefferson Junior High School into seventh and eighth grade Centers. The second suggestion was to remove existing high-achievers in Roosevelt Junior High School and pair Roosevelt students with the to-be-built high-achieving Eisenhower students in order to achieve racial and achievement balance. The third suggestion was to pair the high achieving students from Roosevelt with the low achieving Wilson Junior High School students in order to form the attendance area for the new John F. Kennedy Jr. School.

  The RBE did not follow any of these suggestions, but instead opened up the two new junior high schools as all-white schools serving their neighborhood populations. The refusal of the RBE to implement the suggestions of the "Rockford Team" and its above described actions furthered the segregation of the RSD.

  The Pupil Placement Committee (PPC)

  In August and September of 1967, the RBE and Superintendent Shaheen formed the Pupil Placement Committee (hereinafter "PPC") to study the issues of student achievement, racial and socioeconomic balance in the schools and attendance boundaries as well as other issues related to student assignment, with particular regard to the planned expansion of RSD schools. Bd. Min., 9/11/67, B11625; T. Shaheen Test., Tr. at 41. When Superintendent Shaheen first visited the RSD before he was hired, he saw that there were tremendous disparities in the quality of schools and the quality of teaching among and within the schools of Rockford. Throughout Dr. Shaheen's superintendency, he observed a strong correlation between school quality and student achievement levels and the location of the school, that is, on the east or the west of the Rock River. School quality and student achievement levels tended to be better on the east side of the Rock River. Dr. Shaheen observed that African-American students had lower achievement results. The PPC Report reported that there were academic imbalances in the RSD schools, with the African-American and poor schools showing the lowest achievement levels.

  Two Rockford clergy, Rev. William Collins and Rev. Leon Riley, were appointed co-chairs of the PPC. Rev. William Collins was appointed as a chair of the PPC because the PPC studied "volatile" and sensitive issues in the Rockford community. A member of the clergy was thought to be an effective person to speak about the issues of low achievement in the Rockford schools and racial disparities. Collins Dep. at 20-22.

  Robert Kufalk was a principal at Washington Junior High School and was appointed coordinator of the PPC. Mr. Kufalk testified that race was the primary issue covered in the Committee's Report; however, because of community sensitivity, the members of the Committee determined to couch the Report more in terms of socioeconomic/educational issues. In this manner, it was hoped that the Report would be more favorably received by the Rockford community and the RBE.

  The PPC members were selected by the RBE from a broad cross section of the Rockford community. The PPC met at least once a month for approximately one and one-half years. The PPC first examined a report on racial isolation in the United States printed by the Commission on Civil Rights and a study of the RSD by a RSD teacher, which showed that teachers in the low income areas in the RSD were not as well prepared as those in wealthier parts of the District. Collins Dep. at 20-22. The formation of the PPC was endorsed by the Rockford Human Relations Commission in a statement which said that there was de facto racial and economic segregation in the RSD, that led to insensitivity, underachievement and increased tensions.

  In October of 1967, Superintendent Shaheen stated that one of the major problems in the RSD was the need for racial integration in the schools. The Southwest Quadrant was the lowest income area in the RSD. The PPC studied the schools in the Southwest Quadrant and found a great disparity between those schools and the rest of the district in terms of achievement levels. The PPC then tried to correlate those disparities with racial, economic and family factors. Id. at 29. On November 27, 1967, the PPC issued a progress report indicating that preliminary findings revealed a possible correlation between racial and socioeconomic make up of schools and academic achievement. Bd. Min., 11/27/67, B11683.

  On March 25, 1968, the PPC issued its Report to the RSD. In its Report, the PPC noted a high correlation among the eighteen elementary schools and two secondary schools, all of which were in or near the Southwest Quadrant, that were "underachieving" that is, ranking below the fiftieth percentile on national standardized tests. PPC Report, 1968, B505856. The factors that had a high degree of correlation at these schools were: below average achievement, below average family income, high mobility of student body, low percentage of professional and managerial employment of parents and adults, high percentage of African-American enrollment and negative vote on school referendums. The PPC found that:

  

While negro enrollment increased by 166% over the past seven years, the percentage of additional schools which showed some negro enrollment only increased by 22%. The result has been an increasing concentration of an ever larger number of negro students into a very few schools.

  Id.

  In 1960, four elementary schools had an African-American enrollment in excess of 30%, and in 1967, there were ten such schools in the RSD. Also in 1960, one elementary school had an African-American enrollment of over 50%, and in 1967, there were five such schools. Twenty percent of the increase in enrollment in the last seven years was African-American. African-Americans increased from 6% of the student body in 1960 to 10% in 1967. Id. This data shows that there was an increasing concentration of an increasing number of African-Americans into a very few schools.

  The PPC went on to state: "The compact and contiguous nature of the area which contains [these correlating factors] . . . reflects a trend toward the increasing isolation of such groups of people from the rest of the community." Id. The PPC also found that "all schools with more than 30% negro enrollment were also schools with below average achievement scores." Id. The PPC reported to the RBE that the low achieving students in the RSD came overwhelmingly from the Southwest Quadrant, which was defined by the PPC as Eleventh Street on the east and Auburn Street on the north. This area contained most of the African-American population in Rockford and generally had low socioeconomic status. As stated previously, the PPC reported that, although the RSD as a whole scored above the national average on standardized tests, eighteen elementary schools had achievement test scores far below the national average. Those schools and their percentage of African-American student population in 1967 were as follows: School % African-American Barbour 47% Dennis 91% Ellis 50% Franklin 41% Hall 22% Haskell 37% Henrietta 66% Kishwaukee 11% Lathrop 66% Lincoln Park 40% McIntosh 20% Montague 70% Riverdahl 1% Rock River 45% Stiles 0% Turner 0% Wight 0%

  Id. In 1967, the elementary school population of the RSD was 11.4% African-American. One all white school just outside of the Southwest Quadrant also scored below the national average on standardized tests, Whig Hill, in the Northwest Quadrant. Id. By 1978, the RSD had turned Whig Hill into a racially identifiable African-American school by busing in African-American students from a satellite attendance area near Dennis and Ellis Schools.

  Of the eighteen underachieving elementary schools noted in the PPC Report, those that were racially identifiable African-American schools, that is, had a student population of 26.4% or more African-American, had lower standardized test scores than did either the integrated or the racially identifiable white schools. Ten of the eighteen schools had more than 15% of the District-wide elementary average of African-American students and were racially identifiable African-American: Dennis, Montague, Lathrop, Henrietta, Ellis, Barbour, Rock River, Franklin, Lincoln Park and Haskell. Three of the schools were integrated, that is, were between 5.7% and 26.4% African-American: Hall, McIntosh, and Kishwaukee. Five of the schools had less than half of the District-wide elementary average of African-American students and were racially identifiable white schools with less than 5.7% African-American students: Riverdahl, Stiles, Wight, Whig Hill and Turner.

  One of the measures employed by the PPC to express student achievement levels was grade equivalency, that is, how far ahead or behind in terms of years of progress each school's students were in comparison with national averages. Of the eighteen low-achieving schools, the African-American schools averaged .41 years behind the national average, the integrated schools averaged .27 years behind the national average and the white schools averaged .20 years behind the national average.

  The PPC also found that the two secondary schools had achievement test scores below the national average, Wilson Junior High with 22% African-American students in 1967, and Washington Junior High with 50% African-American students in 1967. These were the only two secondary schools in the Rockford School District at the time that had more African-Americans than the district-wide percentage in the secondary school population (8.6%).

  Further, the PPC found that while African-Americans in the RSD had increased 166% since 1960, the percentage of schools that showed an increase in African-American enrollment only increased by 22% over the same time period. Therefore, a dramatic increase in the segregation and concentration of African-Americans in the RSD schools occurred.

  The PPC also examined families living in areas along school district borderlines between high-achieving and low-achieving schools. The PPC found that families in those areas were usually people of similar economic backgrounds and were generally racially mixed. The only distinguishing factor among the families was that their children attended different schools. The PPC found that the children of those families who went to low-achieving schools achieved poorly and the children of those families who attended high-achieving schools achieved well. Collins Dep. at 35. Therefore, the PPC recommended drawing new school boundary lines that would have an enrollment of 70% high-achievers. The RSD, however, did not adopt this recommendation by the PPC and continued its adherence to neighborhood school boundaries. Id. at 38-40, 64.

  On October 28, 1968, the RBE received a letter from the PPC asking that the RSD adopt a policy on pupil placement based upon the findings in the PPC's report. Board Members Marcella Harris and Dr. Robert Taylor moved that the PPC be instructed to prepare a plan for the placement of pupils within the elementary and secondary schools of the RSD. The plan was to be designed in such a way as to assure as equitable a balance of achievement as possible in each school. The plan was also to include recommendations as to how to balance achievement levels in new schools to be constructed. The motion was tabled and then defeated on November 11, 1968.

  At the October 28th meeting, the RBE noted that the Illinois School Code required the RBE to provide equal education to all of its students. After the meeting, RBE Member Dr. Robert Taylor stated that the concept of neighborhood schools would have to be considerably altered in order to achieve what the PPC has been asked to do. Accordingly, the RBE specifically noted that the PPC's recommendations were to be subject to the RBE's approval. Bd. Min., 10/28/68, B11983; see Bd. Min., 11/11/68, B12010.

  On November 11, 1968, the Board considered a student assignment policy based upon a PPC Report recommending that students be reassigned to different schools in order to obtain an achievement balance. Approximately 200 people attended the meeting. Prior to the meeting, the RBE received many letters opposing the busing of students. Many speakers at the meeting, including a representative of the Rockford Jewish Community Council, Delridge Hunter, who was also President of the West Side Community Organization (WESCO), Eugene Horwath of Responsible Citizens for Quality Education and others, urged the RBE to establish a policy that would solve the problem of under achievement even if it did not meet with complete popular approval. The RBE, on a 3-2 vote, voted down the PPC student assignment recommendations. Voting in the minority were RBE member Marcella Harris, the only African-American Board Member, and Dr. Robert Taylor. Bd. Mins., 12/7/69, B12037; 12/9/68, B12013; 12/11/68, B12010. An "achievement balance" would have necessarily resulted in a greater degree of racial integration. In connection with the PPC Report, Marcella Harris was told by another RBE Member: "Well, Marcella, you have to remember that sometimes the minority just has to wait until the majority is ready to settle things." Harris Test., Tr. at 656.

  On January 27, 1969, at a meeting attended by 600 people, the RBE received recommendations from Reverend Collins on behalf of the PPC that it reassign students to achieve racial and achievement integration in the RSD's schools. The RBE also received a minority report from PPC member Robert P. Kennedy calling for "compensatory education" rather than school integration. Rev. Collins, the PPC Co-Chair, stated that he was unaware of the existence of a minority report until the day it was presented. Collins Dep. at 68.

  The RBE added new members to the PPC between the time the PPC studies were conducted and the time the PPC made their recommendations. The new members did not dissent from the PPC recommendations at PPC meetings. PPC member Kennedy had earlier accepted the recommendations of the PPC, but on the day of the presentation of the PPC's Report to the RBE, Mr. Kennedy presented his own "minority report." The "compensatory education" approach recommended by the minority report called for teaching in the schools by achievement level rather than by reassignment of students. The RBE adopted neither the majority nor the minority report.

  The Middle Schools Proposal

  In January of 1969, the RBE also received a report from Dr. John Swanson, then principal of Guilford High School, and a committee of RSD administrators and supervisors. The report called for the conversion of the RSD to a "middle school" structure. Available classroom space would thereby be filled by shifting student attendance assignments in order to make better use of currently available building and classroom space without regard to "neighborhood schools." The middle school proposal would also allow centralized restructuring that would improve racial and student achievement integration. See Bd. Mins., 1/13/69, B12013; 1/27/69, B12043; 4/14/69, B12108. Assistant School Superintendent for Instruction, Dr. Herbert B. Smith, also recommended that the RSD employ the middle school concept instead of using junior high schools in its structure. Middle schools involved the grouping of grades six through eight, with four-year high schools. Prior to that date, the RSD always employed the junior high school, grades seven-eight-nine system. The change was recommended in order to better utilize classroom space.

  The proposal for middle schools was part of a more generalized restructuring proposal that included: the integration of students by student achievement levels; the assignment of students from newly constructed housing projects in Rockford to any school the District believed appropriate; and the location of new schools in specific areas in order to improve racial integration, with specific reference to the two new junior high schools that were scheduled to be built, Eisenhower and John Kennedy. If adopted, the proposal was said to be designed to save the District $ 11 million as opposed to maintaining the status quo. See B505960.

  The middle school proposal, as well as the general restructuring, would also improve racial balance by phasing toward a system where there would be four high schools and four middle schools that would be expanded over a five year period along with the construction of additional elementary schools. The result would be roughly comparable capacities in each of the secondary schools, city-wide distribution of pupils and greater integration, both academically and racially. Id. ; T. Shaheen Test., Tr. at 59-63.

  In response to the middle school/general restructuring proposal, Dr. Shaheen wrote a memo to the RBE. T. Shaheen Memo to RBE, 2/10/69, B505949. In his memo, Dr. Shaheen emphasized that the integration of schools was a critically important national goal. Dr. Shaheen stated that the 1969-70 school year was an opportune time to take initiative to comply with desegregation laws due to the findings contained in the PPC report, the middle school proposal, the availability of new construction in the RSD and the tremendous competition for school monies. Dr. Shaheen argued in his memo that taking no action would compound the segregation problem.

  Dr. Shaheen's memo also related findings made by educational researchers, including:

  

School achievement in urban America would not improve without economic and ethnic integration;

  

Failure to achieve such integration could result in the enlargement of the urban ghetto;

  

The most expensive cost to a school district in terms of the placement of children, is a system of rigid and fixed boundary lines, which was illustrated at that time by problems at Johnson School in the RSD. (Johnson, 100% white in 1970, was overcrowded and a failure to adjust boundary lines to solve that overcrowding would have resulted in expenses for added teachers and/or rooms.);

  

Compensatory education is extremely expensive;

  

Integration results in better achievement for low-achievers; and

  

Integration does not result in lower achievement for high achievers.

  Dr. Shaheen supported the proposals in Dr. Swanson's plan because the plan complied with desegregation laws, provided school assignment changes for a comparatively small number of students and maintained the neighborhood school for most students while recognizing the need to balance achievement levels, and saved millions of dollars. Id.

  On February 25, 1969, the RBE gave qualified approval to the middle school proposal, subject to reviewing specific maps to be submitted defining the secondary districts and the feeder patterns involved. A RBE Member expressed his opposition to making the new Eisenhower and Kennedy Middle Schools racially balanced and related to Dr. Shaheen that he hoped Shaheen "never put those African-Americans over in the Eisenhower School." T. Shaheen Test., Tr. at 91.

  On April 14, 1969, the RBE approved the middle school proposal along with a policy that restructuring should take into consideration the prevention of segregation by race, color and nationality. However, in June 1970, a newly elected School Board voted to cancel the middle school proposal before it began.

  The Veritas, REA and the RSD Principals' 1970 Redistricting Proposals

  In 1970, Bill Page, the former principal of Stiles School and the head of the RSD's Community Open Schools Program, spoke to the Board and recommended that the RSD cross the Rock River when selecting schools to which students would be assigned, thus eliminating racial imbalance. Data was available showing that all high schools in the district could be integrated if there was simply some reassignment between Guilford and West High School students changing places. Bd. Min., 1/12/70, B12435; Veritas, 1/70, B505153.

  Mr. Page was also the Chair of Veritas, a newsletter published by the Rockford Schoolmasters, Inc., a conglomeration of RSD educators. Page Test., Tr. at 594. The January, 1970 issue of Veritas contained various proposals regarding school redistricting from the members of Veritas, the REA and the "Principal's Proposal" - a proposal developed by RSD principals. The Veritas group, the REA and the RSD principals all agreed that the proposals developed by the RSD Administration and approved by the RBE fell short of sincerely meeting the needs of the RSD's students. The Principal's Proposal suggested immediately implementing an orientation program directed toward human relations, a program that had been suggested three years previously by the PPC. The Principal's Proposal also stated that the District must deal with the problem of racial isolation. Id. at 596; Veritas, 1/70, B505153.

  The REA Proposal suggested "complete and total integration of all Rockford Schools" with no school having a minority population of more than 20%. The foundation of the REA Proposal was the pairing of elementary schools *fn8" for the purpose of insuring racial and achievement level integration. Id. The advantages of school pairings were said to be the mixing of achievement levels in order to raise, not only educational achievement levels for all, but to expand understanding of different cultures. Id.

  The Veritas proposal was designed to balance racial populations throughout the high schools in the RSD. The most important feature of the Veritas plan was that it drew high school districts that ignored the Rock River. Unlike virtually all other RSD boundary maps, the map drawn by the Veritas staff contained high school boundaries that crossed the Rock River. Page Test., Tr. at 597. The Veritas plan also involved elementary school pairing that concentrated on achievement level mixing. The drafters of the Veritas plan did not use the term "racial mixing" because, in Rockford, "it was not looked upon favorably to racially mix schools." Accordingly, the drafters thought that if the elementary schools were paired by achievement levels, the schools would automatically become racially mixed. The RBE did not take action on Mr. Page's proposals to cross the Rock River in districting the RSD or on the proposals of the REA, the RSD Principals, or the members of Veritas. Id. at 603.

  New School Construction in 1969-71

  In November of 1967, the RBE received approval through a tax referendum for new school construction. Additions were built in 1968-69 at Vandercook, Hillman, Garrison, Ellis, Walker, Gregory, McIntosh, Nelson and Rolling Green Schools. In 1968, Beyer School was built by the RSD and in 1969-70, Carlson and Haight Schools were built. In addition, the RSD built and opened J.F. Kennedy Junior High School in September of 1970 and Eisenhower Junior High School in 1971.

  In 1971, the Area Vocational Center, a new construction, was opened. According to Dr. Shaheen, no attention whatsoever was given to attempting to further racial integration, lessen racial segregation or integrate students of different achievement levels in the different parts of the RSD in the planning or selecting of locations for these additions and new facilities. Shaheen Letter to U.S. Dept. of Justice, 6/13/69, D23510-D23529.

  1969 Elementary School Attendance Area Boundary Changes and Reassignments

  On July 10, 1969, the RBE approved a number of boundary changes that were recommended by Superintendent Shaheen in order to adjust capacity in light of the construction of additions to schools and in order to deal with overcrowding. The following findings detail these boundary changes.

  First, the north boundary of West View School in the Northeast Quadrant was moved south from the City limits to Riverside Boulevard, transferring eighty to ninety children from the West View District (0% African-American) to Elmwood School (less than 1% African-American), about two miles away. In light of the increased distance to school, the RSD agreed to provide transportation for these students.

  Next, the boundaries of Garrison, Haskell, Church, McIntosh and Ellis Schools were adjusted. The RBE had recently completed additions on Garrison, McIntosh and Ellis Schools. All of these schools were in the west end section of the Southwest Quadrant of Rockford.

  Third, the Garrison School attendance area was expanded to include four blocks that were formerly part of the Haskell School zone immediately to the south and west. This transferred about 110 former Haskell students to Garrison and made space for approximately the same number of students from the Fairgrounds Valley Housing Development in the area to attend Haskell School. The percentages of African-American student populations in these schools were Garrison 0% and Haskell 44% in 1968-69 and Garrison 11% and Haskell 62% in 1970-71. *fn9"

  Fourth, the boundaries of McIntosh School were increased to include portions of the former Church and Ellis School attendance areas. Fifth, the boundary between Church and McIntosh Schools was moved three blocks east, transferring about seventeen City blocks into the McIntosh school zone. This boundary change transferred about seventy elementary school children from Church to McIntosh, creating sufficient space in Church School to accommodate students from the Fairgrounds Housing Development. Sixth, the boundary between Ellis and McIntosh School was adjusted in the southeast corner of the McIntosh area and the northwest corner of the Ellis area to allow for the transfer of about 95 students from Ellis to McIntosh. The African-American student percentages were as follows: % African-American % African-American School 1968-69 1970-71 Church 4% 17% Ellis 36% 65% McIntosh 28% 35%

  All of these schools were in an area of a growing percentage of African-American population at the time. In addition, in 1970, the RSD canceled the busing of Fairground students to Walker School and returned them to Ellis following the 1970-71 year.

  Also in July of 1969, the RSD made several more changes. In the Southeast Quadrant, along the Rock River, the southern portion of the Kishwaukee area, which later became the Beyer School area, had, since 1963, been included in the Washington Junior High and West High attendance areas. The RSD transferred all fifth and sixth grade students from this portion of the Kishwaukee School area to Washington Junior High for sixth and seventh grade. (The students were already in the Washington zone for junior high purposes.) All of the fifth grade students from Franklin School, which was on the west side of the Rock River in downtown Rockford and which had the southern half of its zone already in the Washington Junior High attendance zone, were transferred to Washington for sixth grade.

  Although many students in both of these zones lived more than 1.5 miles from Washington Junior High School, the Board made no provision for transportation as was provided for the West View School students. The percentages of African-American students in the schools in 1968-69 were: Franklin, 45%; Kishwaukee 20%; and Washington, 66%. In 1970-71, those percentages were: Franklin, 55%; Kishwaukee, 25%; and Washington, 52%.

  The RSD reassigned all sixth grade students in the Alpine and Gregory School attendance areas, on the far east portion of the Southeast Quadrant, to seventh grade at Gregory School because of an addition to that school. Sixth grade students from Vandercook School, in the extreme southeast corner of the Southeast Quadrant, were transferred to the seventh grade at Buckbee School, about one and one-half miles away. The percentages of African-Americans in these schools in 1968-69 and 1970-71, respectively, were as follows: Alpine, 1% and 1%; Gregory, 0% and .5%; Buckbee, no data for 1968-69 and 0%; and Vandercook, 0% and 0%.

  Student assignments in the Southeast Quadrant were also changed. Sixth graders from Rock River Elementary School were transferred to Lincoln Junior High School for seventh grade. Sixth graders from Riverdahl were transferred to Morris Kennedy School for seventh grade. This decision, however, was reversed by the RBE in June of 1970. The percentages of African-Americans in the student populations in these schools in the year 1968-69 were: Riverdahl, 2%; Morris Kennedy, data unavailable for 1968-69; Rock River, 40%; and Lincoln Junior High, 1%. Bd. Min., 7/10/69, B12216; Boundary Change/Attendance Data, B45764; B45753; B45755; B45749.

  The RSD district-wide percentages of African-American elementary students were 15% in 1968-69 and 12% in 1970-71. This decrease was due to the interim annexation by the RSD of a number of white elementary schools. The above boundary changes and reassignments in 1969 maintained and increased segregation in the RSD.

  Walker and Carlson Busing of Public Housing Children

  On July 10, 1969, the RBE voted 4-2 to send about 150 African-American students from two public housing projects to elementary schools outside of their neighborhoods. Bd. Min., 7/10/69. The purpose of this reassignment was to integrate schools and reduce overcrowding.

  Approximately 100 students from the public housing development of Jane Adams Village in the Southeast Quadrant of Rockford, the Kishwaukee Elementary School area, were to be transported to the newly-constructed Carlson School in the Northeast Quadrant. About fifty students from the Fairgrounds Valley Housing Development, in the area of Haskell, Church, Ellis and Franklin Schools, were to be transported to Walker School, located south of the Rockford Country Club Golf Course, predominantly in the Northwest Quadrant along the Rock River in the National Avenue area of Rockford. The RBE provided transportation for these students. Id.

  The students were sent to their respective new schools for the 1969-70 school year. In April of 1970, a new School Board was elected with three members from the Community Education Committee.9a Later that same month, the RBE began to reconsider these pilot student reassignment projects. Marcella Harris, testified that she visited Carlson School on several occasions and observed that the program was highly successful.

  On June 1, 1970, the Fairgrounds Valley parents sent a petition to the RBE asking that their children be allowed to remain at Walker School for the following year. Bd. Min., 6/1/70, B12632. On June 22, 1970, the RBE, with one dissent, voted to discontinue the busing program to Carlson School and return the children to the neighborhood schools for the 1970-71 school year and to discontinue the Walker School Busing Program after the 1970-71 school year. The reason given for the additional year of the Walker School Busing Program was that there was not enough space in the neighborhood schools for the children living at Fairgrounds Valley. The children from the Jane Adams Housing Project were returned to their home school, Kishwaukee. In 1969, Kishwaukee was 20% African-American. In 1970-71, the year in which the Jane Adams children were returned to Kishwaukee, the school was approximately 25% African-American and had more African-American students than in any year thereafter. Kishwaukee School was enrolled at 147% of capacity. Kishwaukee was built in 1921 and no additions were ever put on the school.

  Carlson was a built in 1970. After the removal of the Jane Adams children, Carlson was at only 91% of its capacity and was 98% white. The RBE's decision to remove these children from Carlson School and assign them to Kishwaukee segregated both schools and submitted these children to grossly overcrowded conditions in an extremely old facility.

  On January 25, 1971, the RBE determined that at the end of that school year the students from Fairgrounds Valley would be transferred from Walker to Ellis and Muldoon Schools. Muldoon was an old, previously closed, Catholic girls' school, that had recently been purchased from the Archdiocese of Rockford. Muldoon was opened as a RSD school for only one year before it was closed down and its students dispersed to several different schools throughout the RSD. During the 1971-72 school year, grades one through three were located at Ellis and grades four through six were located at Muldoon. In the prior school year, 1970-71, Ellis was overcrowded at 109% of its capacity and had a 65% African-American student population. For the 1971-72 school year, with the temporary use of Muldoon School, the crowding was somewhat alleviated, but both Ellis and Muldoon had African-American student populations of 69% and 70%, respectively. Walker School, on the other hand, was under capacity in both years. After the removal of the Fairgrounds Valley students, Walker School went from being 90% white to being 99% white. Bd. Min., 1/25/71, B12953.

  Muldoon School was purchased by the RSD in 1971, because the RBE had decided to transfer the Fairgrounds Valley Housing Development students from Walker back to Ellis, but Ellis was overcrowded. The boundary of Ellis School was less than 1.5 miles from Walker School. The RBE's decision to remove these students from Walker and assign them to Ellis and Muldoon increased segregation at all schools and submitted the African-American students to overcrowded and substandard conditions.

  Construction of John F. Kennedy and Eisenhower Junior High Schools

  In the late 1960's, Rockford had five junior high schools, three on the west side of the Rock River (Wilson, Roosevelt and Washington) and two on the east side of the Rock River (Lincoln and Jefferson). All five schools were generally in the central or southern area of the city. The northernmost junior high school at that time was Roosevelt, which was a few blocks south of Auburn Street on the west side. The two new junior high schools that were constructed in 1970 and 1971 were John F. Kennedy on the northwest side and Eisenhower on the northeast side. Both of these schools were located significantly farther to the north than any of the preexisting junior high schools. In 1971, Jefferson Junior High School was closed and Morris Kennedy Elementary was converted to a junior high school in essentially the same general area on the southeast side. In 1967-68, the African-American percentages at the junior high schools were as follows: Wilson 22% Roosevelt 8% Washington 50% Lincoln 0% Jefferson 5%. Eisenhower Junior High was opened as a 99.65% white school and John F. Kennedy Junior High was opened as a 99.34% white junior high. The preexisting junior high schools had the following African-American populations in 1971-72: Wilson 38% Roosevelt 18% Washington 54% Morris Kennedy (formerly Jefferson) 8%.

  The RSD was 8-10% African-American in 1967-68 and was 12% African-American in 1971-72.

  Morris Kennedy was a temporary replacement for Jefferson Junior High School. At the end of the 1977-78 school year, Morris Kennedy was closed, and replaced the following year by Flinn Junior High School on the southeast side. Flinn Junior High opened with fifty-seven African-American students. There were forty-one African-American students at Morris Kennedy when it closed. Flinn opened with 1095 white students while Morris Kennedy had 518 white students when it closed. Flinn opened with an African-American student population of 4.68% and Morris Kennedy closed with a 7% African-American student population.

  From 1978 through 1989, Flinn School was never more than 8% African-American. In the 1977-78 school year, Lincoln had 980 whites and the following year it had 627 whites. The 350 white students were transferred to Flinn, thereby greatly increasing the white percentage and decreasing the African-American percentage at Flinn.

  In February of 1969, Superintendent Thomas Shaheen warned the RBE that if the two new junior high schools that were scheduled to be built were to be given student assignment areas on the "neighborhood school concept," they would further racial isolation of the schools. Again Superintendent Shaheen's report received no action by the RBE.

  On January 13, 1969, Rev. William Collins on behalf of the PPC urged the RBE not to use the so-called "neighborhood school" basis of assignment for the new junior high school. Rev. Collins predicted that building these two middle schools in the northern portions of Rockford would create two high-achieving white middle schools. The detrimental effect of the placement of these middle schools would be to draw off higher-achieving students into these new schools, which would then negatively impact the achievement levels of the middle schools in the middle portion of Rockford, Roosevelt and Lincoln, and result in Washington and Wilson becoming the lowest achieving middle schools in Rockford. He further predicted that it would lead to further deterioration of the neighborhoods served by Roosevelt, Wilson, and Washington Junior High Schools. B2840-B2845. Despite all data and warning to the contrary, the two middle schools both opened up as all-white middle schools serving their "neighborhood" populations.

  Proposals in 1966-67 to Close Old Schools in the Central Rockford Area

  Many of the west side African-American and integrated schools in the late 1960's and early 1970's, were both overcrowded and in poor condition. In October of 1966, Superintendent Shaheen recommended the closing of Garrison, Montague and Hall schools because of extremely bad conditions at these schools. All of these schools were located in central Rockford, along the Rock River.

[1000]     Garrison (1% African-American in 1967) and Montague (70% African-American in 1967) were on the west side of the Rock River and Hall (22% African-American in 1967) was on the east side of the Rock River in the downtown Rockford area. B506071; B21810. Garrison was a school that bordered on an area of the city containing a large African-American population. By 1967, school officials had been recommending that Garrison be torn down for thirty years. Garrison was the oldest school in the RSD, having been built in 1887. B502575. The immediately adjacent school to the south along the Rock River was Haskell, which was 37% African-American in 1967.

[1001]     In 1966, Superintendent Shaheen appointed a citizen's committee to review the facilities needs of the RSD. In January of 1967, the committee recommended the destruction and replacement of Church, Ellis, Garrison and Montague Schools. Church, like Garrison, was a boundary school between the African-American and white communities on the Westside. In 1967, Church was all white, in spite of the fact that it was surrounded on three sides by schools with large concentrations of African-American students: Haskell, to the east, was 37% African-American; Ellis, to the south, was 50% African-American; and newly opened McIntosh, to the west, was 20% African-American. The area on the north side of Church School was outside of the City of Rockford and contained the Whig Hill School District, which was all white. Bd. Min., 12/3/67, B11448.

[1002]     The closing of white boundary schools would logically have forced integration of the white students with African-American students in the adjoining attendance areas. This was especially true in the case of Church School, where all of the surrounding schools within the district had significant numbers of African-American students. Along these same lines, the prospect of closing schools such as Montague or Ellis, with sizeable African-American populations, would pose the question of where to send the African-American students. In spite of long standing and numerous recommendations to close Church, Ellis, Garrison and Montague Schools, the RSD did not close Garrison until 1989. Montague School was closed in 1971. Church and Ellis Schools remain open.

[1003]     Closing of Hall School

[1004]     Hall School, in downtown Rockford on the east side of the Rock River, had an enrollment of 207 students and was 22% African-American in 1967. PPC Report, 1968, B505856. Immediately to the east of Hall was Jackson School, which was under capacity with 459 students and was 98% white in 1967. South of Hall was Kishwaukee School. Kishwaukee was an overcrowded school with 11% African-American students in 1967.

[1005]     In 1970, when Hall School was closed, the RSD's Attendance Director, Betty Thro, recommended putting all of Hall's Kindergarten through fifth grade students in Jackson School and one sixth grade in Nelson School, a 0-1% African-American school to the south of Jackson. RSD Memo, B45716. Instead, all of Hall School's attendance area, except for sixteen blocks on the south end which were nearest the Kishwaukee area and the heavily African-American Jane Adams Village Housing Development in the Kishwaukee attendance zone, was incorporated into Jackson School.

[1006]     The African-Americans in the old Hall School attendance area lived predominantly on the south end, in the area of Jane Adams Village. Those students were placed into Kishwaukee School. As a result of only receiving the white students from Hall School, Jackson remained 98% white in 1970-71.

[1007]     In 1968, the Kishwaukee area was split in half by the construction of Beyer School to the south of Kishwaukee. As a result of the addition of the south fringe of the Hall area and the subtraction of the Beyer's School area to the south, by 1970-71, Kishwaukee remained over crowded at 147% of its capacity and was 25% African-American.

[1008]     Beyer School had an attendance area carved out of the south half of the former Kishwaukee School area and was 14% African-American in 1970-71. By dividing the Hall School area as it did, the RSD maintained Jackson School as a racially-identifiable white school and confined a significant percentage of the African-American students who lived on the east side of the Rock River to three districts: Kishwaukee, Beyer and Rock River.

[1009]     Closing of Montague School

[1010]     Montague School, across the Rock River from Kishwaukee and in the Southwest Quadrant, was 22% African-American in 1967. PPc Report, B505856. Montague remained open until 1971. In the 1970-71 school year, Montague had an enrollment of 221 students and was 69% African-American.

[1011]     In the Fall of 1971, the RBE considered sending the Montague fifth grade students to Washington Middle School, a racially identifiable African-American school in the Southwest Quadrant. Bd. Min., 11/1/71, B12924. Instead, the RBE rented space at St. Peter and St. Paul School, one block south of Washington. Bd. Min., 12/5/71, B12957. The RSD was under considerable pressure to move these students because Montague School was not in compliance with the State Fire Code. Bd. Min., 2/22/71, B12991. Substantial community pressure existed to bus the Montague students to an existing public school with capacity rather than moving the children to St. Peter and St. Paul School.

[1012]     On February 16, 1971, approximately twenty Montague elementary students were removed from their classes by their parents and taken to Carlson Elementary School where the parents asked that their children be enrolled. Carlson School had available capacity since the Jane Adams Housing Project students, who had previously been bused there, had been sent back to Kishwaukee School by the RBE. Bd. Min., 7/10/69, B12223. The students were not allowed to enroll at Carlson because they did not have the permission of the RBE.

[1013]     At its February meeting, the RBE heard from the West Side Community Organization (hereinafter "WESCO"), the Montague School staff, Grant Schneider, the Area 4 Chair of the RSD, Rosa Stamps of the Concerned Parents of Montague School and others that the Montague students should be immediately moved to the then empty Page Park School northwest of Rockford. Despite the unsafe conditions at Montague and despite community concern, the RBE found that Montague was adequate to continue to house students for another four months, until the end of the school year. Bd. Min., 2/22/71, B12993.

[1014]     In response to the RBE's refusal to remove these mostly African-American children from what was believed to be a dangerous facility, the parents and students began a boycott of the school. See Bd. Min., 3/8/71, B13013. On March 4, 1971, the parents agreed to end the boycott and return their children to school. Id. On March 8, 1971 the RBE agreed to transport Montague students to Page Park School for the remainder of the school year. Parents of these students were also given the option of transporting their children themselves to Barbour (52% African-American), Beyer (14% African-American) or Kishwaukee (25% African-American) schools. Barbour was adjacent to the old Montague School area to the west, and Kishwaukee and Beyer were immediately across the Rock River to the east. No other options were offered. Id.

[1015]     In the 1971-72 school year, ninety-six of the Montague students, 85% of them African-American, were bused to Page Park. Beyer School received students from Montague School and increased its student population from 14% African-American to 33% African-American. Barbour School also received students from Montague and increased its student population from 52% African-American to 64% African-American. Kishwaukee, which was grossly overcrowded in the 1970-71 school year, received no Montague students. Carlson School, where the Montague parents wished to send their children, also received no students from Montague and continued to operate will under capacity at a student population of 98% white. The reassignments of Montague students furthered segregation in the RSD's elementary schools.

[1016]     Construction of Martin Luther King School

[1017]     In October of 1971, the RBE began to take bids for the construction of a new school at the site of the old Montague School. Bd. Min., 10/11/71, B13146. In 1972, Martin Luther King School was opened on the site of the old Montague School. In the 1972-73 school year, King School had 275 students, 84% of whom were African-American. No consideration was given to a boundary adjustment or any other measure to diminish this level of segregation at the new King School.

[1018]     Marcella Harris, believed that the RBE's goal was to tear down Montague School, preserve the land and rebuild on that site to maintain an all-African-American neighborhood school. Ms. Harris suggested that the RBE not rebuild on that site because growth in that neighborhood, as proved by census track analysis, was not feasible. Ms. Harris recommended examining other areas in which to build another elementary school.

[1019]     Ms. Harris specifically recommended to the RBE that they create a magnet school in the downtown area to avoid further isolation and segregation of minority students. She had looked at a vacated department store that could have been restored. The location was accessible to all avenues of the community and was close to public transportation. Ms. Harris discussed the idea with the RBE and with the Superintendent. Ms. Harris' proposal was never implemented. Harris Test., Tr. at 637-640.

[1020]     The RBE's failure to choose an option like the magnet school idea proposed by Marcella Harris in favor of building what they knew would be a racially-identifiable and isolated African-American school furthered segregation in the RSD. The court notes that there was testimony that some members of the African-American community wanted King School to be constructed on the Montague site.

[1021]     Closing of Franklin School

[1022]     In 1971, at the same time that the RSD closed Montague School, the RBE also closed the school immediately north of Montague, Franklin School. Id. at 637; Bd. Min., 1/25/71, B12956. The Franklin attendance area was in the Southwest Quadrant on the west bank of the Rock River, between the Montague and Haskell areas. Immediately across the Rock River from Franklin, on the east side of the river, were the Kishwaukee and Jackson School areas. In its last year of operation, 1970-71, Franklin had 198 students, 55% of them were African-American. Although Kishwaukee School was badly overcrowded, Jackson School was operating well under capacity.

[1023]     In 1971-72, Jackson was 109 students below its capacity of 544. Jackson School was also 99.31% white, having one Asian, two Hispanic students and no African-Americans in its student body of 435. The furthest parts of the Franklin School attendance area were less than 1.5 miles from Jackson School. Even if all of the Franklin students had been assigned to Jackson School, and all of those students actually attended Jackson, Jackson School would have operated at only 116% of its capacity, a level of operation that was common in the RSD for many Eastside and some Westside elementary schools. In fact, at least seven RSD elementary schools were above 116% of their CDB capacity in 1971-72. *fn10" Jackson School would have become integrated with the addition of the Franklin students.

[1024]     The Franklin attendance area, in the center of the city, was connected to the Eastside of the city by three major bridges across the Rock River: Chestnut Street/Walnut Street, State Street and Jefferson Street. Attendance Boundary Maps, 1967-68, B38708; 1971-71, B38719. Students from that area could easily have attended Jackson School. The RSD, however, did not transfer any of the Franklin students to Jackson, but rather divided them between two neighboring predominantly African-American schools.

[1025]     Haskell School, to the north of Franklin School, received the northern quarter of the Franklin attendance area, and went from a 62% African-American student population to a 64% African-American student population in 1971-72. The remainder of the Franklin students were assigned to Ellis School, the area immediately to the west. Ellis School went from 65% African-American student population to 69% African-American student population from 1970-71 to 1971-72.

[1026]     In the same year, Ellis not only underwent expansion to include the Franklin attendance area, but was also split into two locations with the temporary addition of Muldoon School in the 1971-72 school year, and the return of the African-American students from the Fairgrounds Valley Housing Development who had previously been bused to Walker School as part of the Walker-Carlson busing program. The RSD thereby increased segregation in two African-American schools rather than integrate an equally available white school.

[1027]     Packing of White Schools to Maintain Segregation in the 1970's and 1980's

[1028]     Throughout the 1970's and early 1980's, the RSD engaged in a pattern of overcrowding white children into racially-identifiable white schools. These schools would have had racial balances closer to the district-wide average if their boundaries had been adjusted to balance their utilization.

[1029]     Three Northeast Quadrant racially-identifiable white schools were over capacity. Bell Elementary School, a far northeast school, had a CDB capacity of 145. From 1971 to 1978, Bell never had more than one minority student (one African-American student in two years and one Native American in two years). From 1970 to 1974, Bell School had no minority students whatsoever. From 1971 to 1979, Bell School operated at or greater than 123% of capacity. In the 1979-80 school year, Bell School enrolled three minority students, one Native American, one African-American and one Hispanic and Bell's capacity dropped to 112%. In the 1980-81 school year, Bell had seven African-Americans and two Asians and Bell's capacity dropped to 105%. The school was then closed, even though it was still operating over capacity at 105%. During the same years, the three neighboring elementary schools, Spring Creek, Brookview and Guilford Center, were all under capacity and were integrated or had a significant minority population as a result of the busing of African-American students from Muldoon School. Carlson, the furthest north of the Northeast side schools, operated between 112% and 128% of its CDB capacity of 446 from 1973 through 1978. During that time, the African-American student population at Carlson increased from 1% to 7%. During the 1977-78 school year, 19% of the RSD's elementary students were African-American. During the same years, the neighboring elementary school, Spring Creek, was integrated due to African-American students being bused in from the Muldoon area. Spring Creek School operated at the following capacity levels: Spring Creek Enrollment 1973-74 84% of CDB 1974-75 87% of CDB 1975-76 82% of CDB 1976-77 77% of CDB 1977-78 70% of CDB.

[1030]     Spring Creek had sufficient capacity to take all of the "excess" students from Carlson. In the 1977-78 school year, Carlson was 7% African-American and its capacity dropped to 92%. Thereafter, Carlson's capacity continued to decline while at the same time the percentage of African-American students attending Carlson rose.

[1031]     Highland Elementary School, in the mid-Northeast Quadrant, operated at between 105% to 163% of its CDB capacity of 373 until fourteen African-American students arrived in 1975-76. The African-Americans students were Muldoon closing students. Prior to that, Highland was almost completely white with only two African-American students in 1970-71 and in 1971-72. During the same time, the two nearest elementary schools, Bloom and Johnson, which had substantial numbers of African-American students bused in from the Muldoon attendance area after 1972, had excess capacity. In the 1975-76 school year, Highland School dropped below its CDB capacity. The addition of twenty more African-American students raised Highland slightly above its CDB capacity the following year, but capacity dropped steadily thereafter as African-American enrollment increased. Highland School was closed after the 1980-81 school year with its student body at almost 16% African-American.

[1032]     Riverdahl Elementary School, in the south central portion of the Southeast side near the Rock River, was operated over capacity from 1970 to 1976. Riverdahl had a minority student population of between 4 and 12% from 1970 to 1989, although it was 12% minority for only one year in 1977-78. Riverdahl's minority enrollment significantly decreased from 1977 until 1989 when Riverdahl closed for two years. Riverdahl reopened in 1991-92 with a Hispanic student population of 42% and an African-American student population of 3%. Riverdahl was located very near to Rock River School, also in the Southeast Quadrant which was approximately 30% African-American since 1970 and always had excess capacity. White students were assigned to Riverdahl despite its over-crowded condition in order to preserve segregation from 1970 to 1976.

[1033]     In the early and mid 1970's, both Northeast Quadrant junior high schools, Eisenhower and Lincoln, operated in excess of CDB capacity. Eisenhower Junior High School, the farther north and east of the two, operated in excess of its CDB capacity from 1972 to 1977. Eisenhower was integrated in the 1976-77 school year and has operated below its capacity ever since.

[1034]     Lincoln Junior High School, just north of the line dividing the Northeast and Southeast Quadrants, was operated as much as 138% over its CDB capacity of 1244 students from 1970 to 1977. Lincoln was integrated in the 1977-78 school year and has been operated under capacity ever since, dropping down to 58% of capacity in 1988-89. All four of the Westside junior high schools operated under capacity during the same years and with substantially higher minority populations. Some of the Eastside students assigned to Eisenhower and Lincoln during those years lived closer to Roosevelt and Washington Junior High schools.

[1035]     Guilford High School was operated as much as 167% in excess of its CDB capacity of 1713 from 1970 to 1982. Guilford became integrated in the 1980-81 school year and was under CDB capacity two years later, essentially remaining integrated and at or below CDB capacity ever since.

[1036]     During the same time, until the 1978-79 school year, the Guilford attendance zone included most of the Northeast Quadrant and wrapped around the far East and Southeast portion of Rockford, to include the essentially all white Southeast Quadrant elementary districts of White Swan, Cherry Valley, Vandercook and Sky View. These schools were closer to the Southeast Quadrant high schools, Jefferson and East, both of which had larger percentages of African-American students than the other high schools in the RSD. The furthest south elementary school, Sky View, was 9.2 miles from its assigned high school of Guilford. The RBE was apparently willing to bus white students 9.2 miles to attend a white high school, but were unwilling to reassign white students east of the Rock River to much closer schools just west of the Rock River.

[1037]     Two high schools were located on the Southeast side, East High School, which was just below the line dividing the Northeast and Southeast Quadrants (Charles Street west of Alpine Road), and Jefferson High School, to the south at two locations (before and after 1978). East High was operated over capacity from 1970 to 1990, going as high as 167%. East was integrated in the 1971-72 school year by the mandatory assignment of African-American students from the west side in the Barbour, King and Lathrop attendance areas. The Westside students assigned to East High were not provided transportation by the RSD.

[1038]     Jefferson High School operated over capacity at all times from 1970 until the new school was built. In the 1974-75 school year, Jefferson had a African-American population of 10% and wavered above and below the integration line until it became racially identifiable white with an African-American population of between 6 and 8% from 1974 until 1989. When the new high school was built in 1978, Jefferson had a capacity of 2500 students.

[1039]     The new Jefferson High School was always under-capacity. The attendance area for the new Jefferson High School never included any area west of the Rock River, despite being racially-identifiable and under-capacity. RSD Boundary Maps, 1978-79, B38728; 1984-85, B38699. Nearby East High School had twice as many African-American students and was over-capacity and desegregated for twenty years.

[1040]     Closing of Morris Kennedy Elementary School in 1971

[1041]     Morris Kennedy Elementary School was close to Rock River, Riverdahl and Peterson Elementary Schools. Morris Kennedy was closed and converted to a junior high school after the 1970-71 school year and its elementary students were reassigned. At the time Morris Kennedy was closed, it was 10% African-American, 69 students out of a total student population of 723.

[1042]     Even though the nearest elementary schools were Rock River, Peterson and Riverdahl, the African-American students from Morris Kennedy were sent to schools that already had significant numbers of African-American students: Rock River Elementary and Beyer Elementary Schools. Beyer Elementary School was farther from Morris Kennedy than Peterson and Riverdahl. Peterson and Riverdahl, however, were almost all-white schools. Riverdahl and Peterson remained racially identifiable and isolated white schools as a result of the African-American students from Morris Kennedy being sent to other schools.

[1043]     Beyer Elementary School went from being an integrated school with a 14% African-American student population in 1970-71, to being a segregated African-American school with a 33% African-American student population in 1971-72. Beyer School had 15% more African-American students than the district-wide average of African-American students for the next decade. Rock River Elementary School remained a segregated African-American school with 36% African-American students in 1970-71 and 38% African-American students in 1971-72, after receiving more African-American students following the closing of Morris Kennedy School. The RSD's reassignment of Morris Kennedy elementary students created and maintained segregated schools in the 1970's.

[1044]     Packing of African-American Schools to Maintain Segregation

[1045]     In the early 1970's, the RSD's elementary school enrollments were decreasing. In 1970, twenty-five schools were under their CDB capacity. In 1972-73, thirty-six schools were under their CDB capacity.

[1046]     In 1972-73, eleven racially-identifiable African-American elementary schools existed. Those schools were Dennis, King, Ellis, Henrietta, Lathrop, Barbour, Haskell, Lincoln Park, Rock River, Beyer and McIntosh. Only three of those schools, Lathrop, Rock River and Beyer, had excess capacity. Only one of those schools, Lathrop, was west of the Rock River.

[1047]     In the same year, Rockford had four integrated elementary schools, Freeman, Church, Garrison and Kishwaukee. Church, Garrison and Kishwaukee had excess CDB capacity. The remaining forty-one elementary schools in the RSD had less than 6.75% African-American students. Only fifteen did not have excess capacity.

[1048]     In the 1972-73 school year, 73% of the racially-identifiable African-American elementary schools, 89% of the Westside elementary schools, 25% of the integrated schools and 35% of the racially-identifiable white schools were filled to or were over capacity. The elementary schools that contained the overwhelming majority of African-American students in the RSD were: Barbour, King, Ellis, Henrietta, Dennis, Haskell, Lincoln Park and McIntosh. All these schools were together in a compact, contiguous area of the Southwest Quadrant. The schools were surrounded by a ring of schools to the north, east and west that were racially-identifiable white or integrated and that had excess capacity: Stiles, Whig Hill, Church, Garrison, Jackson, Wight, Kishwaukee and Welsh. On the south, the circle around these schools was completed by two racially-identifiable African-American schools that also had excess capacity, Beyer and Lathrop. During this period, the RSD crowded African-American students into Southwest Quadrant schools and failed to make reasonable alterations to boundary lines in order to distribute these African-American students to adjacent, racially-identifiable white and integrated schools with excess capacity. RSD Attendance Boundary Map, 1971-72, B38719; QUEFAC Executive Committee MIn., 1/11/75, B504567.

[1049]     Student Assignment and School Boundaries During the QUEFAC Lawsuit and the ISBE Investigation

[1050]     In March of 1970, a lawsuit was filed against the Rockford Board of Education by the Equal Education for All Children Committee. Plaintiffs charged that the RBE racially discriminated with regard to the boundary changes in the RSD. Other groups that joined as plaintiffs were the Rockford Chapter of the National Council of Negro Women, the Parent Advisory Board of the Wilson Open School Program, Rockford School Masters, Inc., a group of local educators, the Washington Community School Advisory Board, the Westside Community Organization, a group known as "The Committee" and more than one hundred school district residents. In April of 1973, West End Cares About Rockford Environment (WE CARE) joined the pending lawsuit.

[1051]     In 1971, one year after the filing of the lawsuit, Quality Education For All Children Committee (hereinafter "QUEFAC "), the State of Illinois put the Rockford Board of Education on notice that Rockford had to begin equalizing educational opportunities in all of the Rockford public schools. Report of Regional Director of State of Illinois Office of the Superintendent of Public Instruction, 3/12/71, B37542. Shortly after that, the Illinois Office of Public Instruction adopted compulsory State school desegregation guidelines. ISBE Rules Establishing Requirements and Procedures for the Elimination or Prevention of Racial Segregation in Schools, 9/2/72, (ISBE Rules), B501029. School districts in Illinois were asked by the State to file a report by January 2, 1972 indicating the racial composition of their schools and the efforts that had been made toward racial balance. Superintendent Salisbury indicated that he would not file a report until he received a formal request from the State. B506190.

[1052]     The formal request came in December of 1971, along with State desegregation guidelines. The desegregation guidelines put forth by the State provided that a school was racially segregated if its pupils or staff failed to reflect, within fifteen percent, the proportions of such students and staff in the district as a whole at the grade levels maintained. See ISBE Rules, B501025. Any school district found by the State to be racially segregated would be required to submit a plan for comprehensive integration.

[1053]     According to State guidelines, the plan had to be developed with the involvement of community representations, minorities, students and teachers. Burdens of the plan were to be borne by majorities and minorities alike and students could not be racially segregated within an integrated school. Id. In May of 1972, Superintendent Salisbury announced that Montague, Ellis, Church, Lincoln Park, Barbour and Dennis Elementary Schools would be designated as magnet schools in a Rockford School District integration plan. Each of these schools was located in the Southwest Quadrant and had African-American enrollments of 22.37% to 90.22%. Superintendent Salisbury stated that one of the features of "magnet" schools would be that the schools would have open enrollment, meaning that any student from anywhere in the school district could choose to attend one of those schools. The magnet school program evolved into what was eventually called the "target school" proposal as put forth by Superintendent Salisbury in May of 1972.

[1054]     On July 10, 1972, the RBE approved the target school program in order to give six RSD schools additional help, including additional funds, teacher aides and money for extra materials, in order to overcome low achievement. B508267-B508270; B508822-B508825. The six schools were Lincoln Park, Dennis, Ellis, Barbour, Church and Montague. The purpose of the target school was to provide compensatory education to low-achieving schools as opposed to bringing students into the schools from other areas of the district. The net result was that the program had no effect on desegregation.

[1055]     In July of 1974, the RSD received a report indicating that the target schools were not improving and that the school test scores were below the city-wide average achievement levels. B31159-B31173. After this report, the RBE made the following changes in an effort to improve to the target school program:

[1056]     1. Gave $ 100 to the petty cash fund of each school;

[1057]     2. Provided $ 2 per student for field trips;

[1058]     3. Set up a swimming program at the Y;

[1059]     4. Provided each school with two teacher aides;

[1060]     5. Provided each school with in-service training seminars; and

[1061]     6. Set up an advisory council.

[1062]     Bd. Min., 9/9/74, B14557. Little or no improvement in the academic achievement levels in the six target schools resulted from these changes.

[1063]     In September of 1972, the State of Illinois informed the RSD that it had not met the school desegregation guidelines set forth by the ISBE and directed the RSD to immediately develop a comprehensive desegregation plan. The State found that:

[1064]     

Buildings erected and boundaries changed since 1964 have increased, rather than decreased the rising minority enrollment percentages in non-compliance attendance centers.

[1065]     Vakalis Letter to Salisbury, 9/12/72, B500582. The RBE met and discussed the directive from the State. The Board set up a Citizens' Committee to develop a comprehensive desegregation plan. Bd. Min., 9/25/72, B13533-B13535; Walhout Test., Tr. at 379.

[1066]     The Community Desegregation Committee

[1067]     The Rockford Board of Education formed the Community Desegregation Committee (hereinafter "CDC") by selecting fifteen different groups of organizations, representing a cross-section of the community. Walhout Test., Tr. at 379. In January of 1973, the RBE requested that the CDC consider a proposal to have a 0% to 25% minority enrollment in each school in the RSD. In other words, the RBE requested guidelines that would indicate that any school with under a 25% minority population would still be in conformity with the desegregation plan. Id. at 383. The RBE was all white at the time of that request. Since the RSD had slightly less than a 15% minority student population, the 0-25% range would have technically been legal under the State guidelines. Under the 0-25% plan, all-white schools would not have been required to integrate. Additionally, the 0-25% plan would have involved much greater movement by minority students than by white students.

[1068]     The CDC eventually rejected the RBE's proposal and instead recommended a minority population range of 7%-21%, thereby requiring integration in all schools. The Board, in turn, rejected the CDC proposal and proposed a plan that set no numerical goals for minority student populations.

[1069]     In April of 1973, after extensive thought, planning and dedication from hundreds of Rockford's concerned citizens, the CDC presented to the RBE a desegregation plan that would take place in two phases, the end result being that by the end of the 1974-75 school year all RSD schools would reflect the minority population of the district plus or minus 7%, that is, 7-21% Phase I was to take place from April 1, 1973 through September of 1973. Phase II was to take place from September of 1973 through June of 1975.

[1070]     Along with the two-phased plan, the CDC recommended to the RBE that all future decisions involving boundary changes, closing of schools, construction of new schools and the like, be done with the primary consideration of maintaining an integrated school system throughout the schools. The CDC also suggested that the Board seriously consider establishing a School Board elected by geographic districts rather than the single, RSD-wide electoral district that was being used.

[1071]     In 1973, an Illinois Institute of Technology Research (hereinafter "IITR") computer study reported that, if the RSD were to comply with the 7-21% minority enrollment guideline, some reassignment of high school students would be necessary. The study determined that, if the 7-21% minority population range was instituted, the racial percentage in RSD high schools would be affected in the following manner:

[1072]     1. Auburn High School would go from 30.6% minority in the 1972-73 school year to 20% minority.

[1073]     2. East High School would go from 9.6% minority to 7% minority.

[1074]     3. Guilford High School would go from .6% minority to 7% minority.

[1075]     4. Jefferson High School would go from 6.7% minority to 8% minority.

[1076]     5. West High School would go from 15.5% minority to 14% minority.

[1077]     See M. Dickover Test., Tr. at 549.

[1078]     In April of 1973, the RBE presented its desegregation plan to the ISBE, rejecting the detailed plan formulated by the CDC. RBE Plan, 4/26/73, B500511-B500514; M. Dickover Test., Tr. at 560; Walhout Test., Tr. at 387. The RBE plan was very general, had no timetable, did not require any specific minority enrollment percentage guidelines and had no mandatory reassignment provisions. The RBE adopted a three-page document listing objectives, "the plan" and administrative recommendations.

[1079]     The plan consisted of fourteen one-sentence "points" as follows:

[1080]     

1. An administrative staff member to oversee and implement the plan;

[1081]     

2. Immediate development and implementation of extensive programs for in-service training of staff at all levels throughout the entire district to be evaluated and expanded on a long-term basis;

[1082]     

3. The establishment of at least three magnet schools during the 1973-74 school year, with transportation to be provided for students over 1.5 miles from school;

[1083]     

4. Seek all Federal and State funding;

[1084]     

5. Changes in boundaries and the use of school pairings to prevent minority isolation using IITR and other attendance data, taking care that such changes did not continue the isolation of children from low income families;

[1085]     

6. Active recruitment of minority personnel and integration of personnel throughout the RSD;

[1086]     

7. Encourage and facilitate open enrollment for minority students into all schools in the majority areas with available space and for majority students into all schools in the minority areas with available space, as well as develop

[1087]     

(a) a supportive community-wide program to promote such open enrollment and provide transportation for families involved; and

[1088]     

(b) opportunities for open enrollment were to be available only from May 1, 1973 to June 1, 1973 and then closed;

[1089]     

8. Request the cooperation of the City Counsel, the Rockford Housing Authority, the Winnebago County Housing Authority, the Rockford Human Relations Commission, the Winnebago County Board, the Township Board and the Real Estate Board in improving the implementation of the city open housing law;

[1090]     

9. Pay the transportation charges for those students riding Rockford mass transit for students willing to change schools in order to aid in desegregation;

[1091]     

10. Consider desegregation a priority whenever new construction of buildings was planned;

[1092]     

11. Review and evaluate the IITR study;

[1093]     

12. Closing of schools where the schools were not adequate for normal school operation. Such buildings might be used for special purposes;

[1094]     

13. Institute an improved comprehensive achievement testing program to better determine achievement levels of Rockford schools. Tests were to evaluate items such as self image, citizenship and attitudes as well as reading, writing and arithmetic;

[1095]     

14. Voluntary plan for the desegregation of the schools subject to continuous evaluation by the administration and the RBE throughout its usage.

[1096]     RBE Plan, 4/26/73, B500511-B500514.

[1097]     Judge Bauer, in August of 1973, rejected the RBE plan, describing it as inadequate.

[1098]     Judge Bauer stated:

[1099]     

From the facts set forth above, there appears to be problems of underachievers . . . poor facilities and supplies in certain schools in the RSD. . . . The present School Board's voluntary desegregation plan and its other programs did not seem to be adequately meeting and solving these problems.

[1100]     Quality Education for All Children, Inc. v. School Board., Etc., 362 F. Supp. 985, 1000-1002

[1101]     (N.D. Ill. 1973).

[1102]     Closing of Muldoon School and Clustering

[1103]     In the early 1970's, the RBE developed two specific actions as part of the Board's overall desegregation plan. Both of these specific actions resulted in mandatory busing, even though the RBE had stated several times its opposition to mandatory busing. The mandatory busing that was required was required of minority students.

[1104]     The first action involved the closing of Muldoon Elementary School in the Southwest Quadrant. Muldoon was closed in 1972. Muldoon area students were bused to four elementary schools in the Northeast Quadrant of Rockford. Driscoll Report, B24820; Blackwell Letter, 10/1/80, B28891. In 1971-72, Muldoon was 70% minority. The four schools and their racial percentages in 1971-72 were Spring Creek, 99% white, Bloom, 100% white, Johnson, 100% white, and Guilford Center, 96% white.

[1105]     David Hauman, one of the two RBE members who had voted against the Board's plan, wrote an editorial in a Rockford newspaper. In his editorial, Mr. Hauman said:

[1106]     

I believe that the implications of this discrepancy are very evident. The Board displays a great deal of concern about the potential busing of majority students; it doesn't display nearly as much concern about busing minority students. This is a flagrant violation of Section 5.6 of the [ISBE] guidelines which say that the inconvenience or burdens occasioned by desegregation should be shared by all and not borne disproportionately by pupils and parents of racially identified groups.

[1107]     Rockford Register Star, 5/5/73, B506260.

[1108]     A document prepared by the RSD showed that by 1980, the Muldoon neighborhood children were attending nineteen different schools throughout the RSD, their neighborhood school never having been replaced. B28891. As the court has pointed out many times, throughout the history of the RSD, there has never been mandatory busing of students from Eastside schools to Westside schools.

[1109]     The second action consisted of clustering student enrollments among Conklin, 100% white, Haskell, 63% African-American, and Haight, 96% white, Elementary Schools on the Northwest side and exchanging some students between Whitehead, 100% white, and Rock River, 42.52% African-American, on the Southeast side. This plan left the schools on the Southwest side, which were racially-identifiable minority, and the racially-identifiable white schools, totally unaffected. A comprehensive clustering plan was never implemented in the RSD.

[1110]     Reassignment of Lincoln Park Sixth Grade and Use of Portable Classrooms

[1111]     In June of 1973, sixth grade students in predominantly African-American Lincoln Park Elementary School were told that because of overcrowding, they must transfer to either Stiles Elementary, John F. Kennedy Middle or Wilson Middle Schools. In 1972-73, Lincoln Park was at 114% of its capacity with 532 students. Less than one month later, on July 23, 1973, the RBE approved a motion to move portable classrooms to Bell and Vandercook Schools, all-white schools in the Northeast Quadrant, in order to solve overcrowding at those schools. Bd. Min., 7/23/73, B13961, B13973. Boundary lines were not adjusted to reassign students from overcapacity Bell and Vandercook Schools to nearby schools that were under capacity, such as Spring Creek and Thompson.

[1112]     Of the twenty-eight portable classrooms installed by the RSD, only six of them were placed in Southwest Quadrant schools. Three were at Auburn, one was at Haskell in 1972, one at Henrietta in 1975 and one at West in 1972. Three more were put in the Northwest Quadrant at Welsh, one in 1972 and two in 1975. The rest were at Eastside schools, in predominantly white areas. B44226.

[1113]     Noncompliance With The ISBE Rules in September of 1973 In September of 1973, thirteen schools in Rockford were still not in compliance with State desegregation guidelines. These schools were: School Quadrant % African-American Barbour Southwest 70% Beyer Southeast 37% Dennis Southwest 92% Ellis Southwest 80% Haskell Southwest 63% Henrietta Southwest 72% Lathrop Southwest 76% Lincoln Park Southwest 56% McIntosh Southwest 41% King Southwest 69% Rock River Southeast 43% Washington Southwest 62% Wilson Southwest 48%.

[1114]     Six schools experienced increased percentages of minorities from 1972 to 1973: Barbour, Ellis, Lathrop, Lincoln Park, Rock River and Washington.

[1115]     1973 QUEFAC Proceedings

[1116]     In May of 1973, the attorney for the QUEFAC plaintiffs sought an injunction to keep the RBE from implementing the voluntary desegregation plan that the RBE had proposed in lieu of the CDC plan. See Quality Education, 362 F. Supp. 985. In August of 1973, Judge William J. Bauer denied Plaintiffs' petition for a TRO that sought to restrain the RBE from "carrying forward on a plan known as the Voluntary Desegregation Plan" that had been approved on April 30, 1973. Judge Bauer also rejected the voluntary desegregation plan and stated that if an acceptable plan was not developed by February of 1974, he would reconsider issuing the TRO. Id.

[1117]     From 1973 to 1976, the RBE did not submit plans to the State Board of Education. Instead, the RSD's desegregation activities were monitored by the Federal court in the QUEFAC proceedings. The State of Illinois participated in the QUEFAC case as amicus curiae.

[1118]     In July of 1973, twelve witnesses testified for Plaintiffs in the QUEFAC case. The testimony revealed that 85% of minority elementary students and 96% of minority elementary teachers were clustered in twelve elementary schools. This did not comply with State desegregation guidelines. Further, 75% of minority middle school students and 75% of minority middle school faculty were clustered in the two middle schools, also not in compliance with State guidelines. Schools on the Westside of the city were inferior to those on the largely white, Eastside. At that time, the School Board was all white with no minority representation.

[1119]     Grade Exchange Plan

[1120]     In 1973, in response to pressure from the State and the court, the RBE developed the Grade Exchange Plan. Under this plan, whole classrooms of students in the upper elementary grades would be bused to schools outside their neighborhoods in an "exchange" with other schools in order to "substantially reduce the percentage of minority students in non-compliance schools in Rockford." B36190. Only thirty of the sixty-eight schools in the Rockford School District were to participate in the exchange, including four middle schools. Only two of the ten elementary schools in the Northeast Quadrant were affected by the plan, whereas 55% of the Southwest Quadrant schools were affected. Twenty-eight regular elementary schools were unaffected by the plan, only four of which were in the Southwest Quadrant. The plan was to be implemented in September of 1974. The Rockford School District knew that the Grade Exchange Plan placed extra burdens on minority schools and that the elementary schools in the Northeast Quadrant of Rockford were purposely excluded from the Grade Exchange Plan. Nevertheless, the plan was adopted by the RBE in a 4-3 vote on December 18, 1973.

[1121]     The plan was the subject of a great deal of public debate. In January of 1974, 200 people attended an RBE meeting to voice their opposition to the Grade Exchange Plan. On January 4, 1974, pursuant to the mandate of the court's Memorandum Opinion and Order dated August 16, 1973, the RBE submitted the Grade Exchange Plan to the Federal Court. One month later, on February 4, 1974, the REA filed comments in opposition to the Grade Exchange Plan to Judge Bauer. The REA noted that the Grade Exchange Plan did nothing more than create segregated classrooms within desegregated schools. The REA stated that the plan provided for the wholesale transportation of classrooms that would then be kept intact in the new receiving school.

[1122]     The REA outlined its objections to the plan in a brief to the court. First, the plan did not attempt to cure racial isolation among teachers and students in the schools. Nearly 85% of the students in the school system would be unaffected by the Plan. Even in the few affected schools, no real interaction would exist among the transported students because of segregation by classroom. In three of the schools, students would be isolated on separate floors and lunches would be arranged in shifts so that students would not mingle. Nothing in the Grade Exchange Plan was directed at reducing the achievement lag of minority students. Finally, the Grade Exchange Plan did not address the problem of boundary lines of the Rockford schools.

[1123]     On February 2, 1974, John Schade, a member of the RBE, testified before the United States Senate about desegregation in Rockford. Mr. Schade testified that the RBE was vehemently opposed to any "forced busing" or "redistribution of school children to accomplish equalization of achievement, social or racial desegregation or for any other reason. Mr. Schade further testified that for several years pressure was exerted on the Board for a busing program, but that the Rockford Board of Education had resisted this pressure from a past superintendent of the Rockford schools and a vocal militant minority in the city. Mr. Schade stated that the RBE was subjected to a form of harassment by way of the QUEFAC federal lawsuit filed in federal court.

[1124]     On March 1, 1974, Judge Bauer issued a memorandum opinion and order rejecting the RBE's Grade Exchange Plan. See B32698. Judge Bauer stated that after carefully examining the plan, as well as the comments and criticisms of the parties, it appeared evident that there should be a more extensive factual and statistical analysis of the proposed plan by the parties. Further, alternative measures that would not necessarily involve forced busing or such an extensive use of busing should be explored. Judge Bauer recommended that the School District keep in mind certain points:

[1125]     

1. Busing should only be utilized when all other remedial measures appear impractical and ineffective.

[1126]     

2. Gerrymandering to achieve school desegregation is permissible.

[1127]     

3. The Grade Exchange Plan was incapable of desegregating classrooms within the schools.

[1128]     Judge Bauer also stated that, "All things being equal it might well be desirable to assign pupils to schools nearest their homes but, all things are not equal in a system that has been deliberately constructed and maintained to enforce racial segregation." Judge Bauer declined to become an activist, but directed that the School District formulate its own plan and deliver it to the court by April 1, 1974.

[1129]     REA Intervention in the QUEFAC Litigation

[1130]     In February of 1974, the REA filed a petition to intervene in the QUEFAC case. In March of 1974, the REA presented to the RBE their recommendations for an integration plan. The REA made the following recommendations to the RBE:

[1131]     

1. Maintain the five existing high schools with suggested boundary changes in order to curtail heavy concentrations of minority groups in any one area;

[1132]     

2. Establish middle school attendance centers in each high school area. The REA recommended utilizing the following middle schools: Wilson, John F. Kennedy, Washington, Eisenhower, Lincoln and Roosevelt. Marsh Elementary School would be maintained with the elimination of its middle school program and Beyer would be established as a middle school.

[1133]     

3. Establish a plan to emphasize elementary level parental involvement, transportation and minority enrollment.

[1134]     The REA's plan was to divide the city into three elementary attendance zones in order to guarantee adequate minority enrollments and to minimize transportation needs. Within each attendance zone, a community advisory council would be established. A minimum number of Interest Centers within each attendance zone would also be established. Minority enrollment would be guaranteed by altering the enrollment process. The plan further provided that all elementary schools would establish a minority/majority percentage enrollment and that an opportunity would be given to each student to attend any elementary school in his/her attendance zone. Parents would thus be provided with a choice from among six schools in which to enroll their child.

[1135]     If the plan submitted by the REA had been adopted, it would have resulted in the five high schools having a minority enrollment range of 10.2% to 32.2% due to boundary changes. Middle schools would have reflected a minority enrollment range of 10%-30% and elementary schools would have reflected a range of 17%-20%. REA Plan, B32712. The REA's plan closely resembled the plan proposed by the CDC. The REA plan, however, was rejected by Judge Bauer.

[1136]      The QUEFAC Plan

[1137]     In March of 1974, the QUEFAC plaintiffs also submitted an integration plan to Judge Bauer. This plan had the following features:

[1138]     

1. The QUEFAC plaintiffs endorsed the REA's plan of three elementary zones that would consist of a Southern zone, a Middle zone, and a Northern zone. The minority percentage in the Southern zone would be 6.3%. The minority percentage in the Middle zone would be 17%. The Northern zone would have a minority percentage of 17.31%.

[1139]     

2. The middle schools would be divided in a similar fashion between a Southern, Middle, and Northern zone. All sixth graders would be placed in middle schools.

[1140]     

3. The Southern zone of the District's high schools would be served by Jefferson High School, the Middle zone by East and West High Schools and the Northern zone by Auburn and Guilford High Schools.

[1141]     The RBE presented its revised plan to Judge Bauer on April 1, 1974 as ordered. The plan provided for elementary Special Interest Centers to be attended by students in grades three through six, but for only five to fifteen days of the school year. Interest Center themes would include reading, language, arts, science and mathematics, social studies, environmental education, health and safety and living arts. The open enrollment policy would be maintained and further voluntary transfers encouraged.

[1142]     The Board also proposed retaining all current alternative schools and establishing new ones. The Board again brought up the concept of target schools and proposed establishing magnet schools in future years. The Southeast Quadrant of the city would be provided with a middle school to replace the antiquated Morris Kennedy building. More white students would be assigned to Wilson Middle School and minority students would be encouraged to transfer from Wilson.

[1143]     The Board also proposed establishing an alternative high school at the ninth grade level for the 1975-76 school year, using its best efforts to encourage voluntary transfers, boundary changes and the building of a new high school to relieve overcrowding at East and Jefferson. The Board would encourage more minority students to attend Guilford with fewer attending Auburn. RSD Report, 3/26/74, B32812.

[1144]     June 1974 QUEFAC Ruling

[1145]     On June 27, 1974, Judge Bauer issued a memorandum opinion and order in the QUEFAC case giving his opinion on the various desegregation proposals before him, including the plans of the RSD, the REA, and the QUEFAC plaintiffs. As to the RSD's plan, Judge Bauer pointed out that the vast majority of the plan involved student participation in Special Interest Centers that only provided integration one-twelfth of the time. Judge Bauer stated that, although the Special Interest Centers may be both educationally attractive and sound, he was not convinced that they were the best means of sufficiently integrating the RSD. Judge Bauer also indicated that the RSD's plan failed to adequately state what, if any, mandatory busing would be required if a voluntary system did not work.

[1146]     Judge Bauer then evaluated the REA plan. The court indicated that the REA's plan called for mandatory busing without an adequate showing of need. The REA's plan was said to be vague and absent the necessary details. Judge Bauer criticized the Community Advisory Counsel that would choose the one school of the six schools that a child desired to attend by luck of the draw. The court feared that the advisory counsel would be nothing more than a mini-school board, thereby potentially violating State law. Economic feasibility was also a problem with the REA plan.

[1147]     In evaluating the QUEFAC plaintiffs' plan, the court stated that the QUEFAC plan relied heavily on the REA plan, and, therefore, the court's evaluation of the REA plan applied to the Plaintiffs' plan. As such, the court also rejected this plan.

[1148]     The final conclusion of the court was that none of the three plans submitted were sufficiently developed or documented to be deemed an acceptable and ultimate plan for school desegregation in the RSD. Judge Bauer emphasized that he was desirous of an integrated school system. However, such a desire did not mean, and could not mean, that every school be an integrated unit. More importantly, the school system must be a genuinely integrated one with equal educational opportunities provided to all students.

[1149]     Judge Bauer then sent the parties back to further develop, delineate, amend and study their respective plans in light of his principles and comments. Judge Bauer also said that, since he was entering no plan of his own, the RBE would be allowed to go ahead and implement its 1974-75 school desegregation plan, thereby providing empirical insight into what effect the different programs under the RBE's plan had on the problem of minority isolation. The parties were to report back to Judge Bauer on March 1, 1975 with new plans. QUEFAC, 70 C 16, Memorandum Opinion and Order, Bauer, J., 6/27/74, B31078.

[1150]     Interest Center Implementation

[1151]     The ruling by Judge Bauer in June of 1974 allowed the implementation of the Interest Center Program. The Interest Center Program was the product of poor planning by the RSD administration and was simply ineffective. The RSD staff had difficulty determining how many days the interest centers should operate. Further, by the time transportation problems were taken into consideration, a limited number of hours during the day were left that students could spend at the Centers. At a staff meeting in July of 1974, Steve Olejnik suggested that teachers conduct educational activities on the bus in order to make up for the shorter day. Staff Meeting Report, 7/1/74, B31576.

[1152]     The Interest Center Program was not successful either educationally or as an integration tool and, therefore, did nothing to further integration in the RSD. Most of the time entire classes were transferred into the Interest Center. Blackwell Memo, 9/3/75, B35678. The result was that minority classes were placed in an all-white school, kept separate and the students involved would be counted into the total percentage of students in an integration program. The Special Interest Centers were used to boost the enrollment figures for integration compliance purposes.

[1153]     In 1975, the RSD Director of Attendance reported to the RSD Superintendent that 28% of the K-12 enrollment in the RSD was involved in the integration program. Most of that 28%, however, were comprised of students taking part in the Special Interest Program. The participation constituted only five to fifteen school days per year. Accordingly, in 1975, only 6% of the elementary population was involved in any full-time integration program and 275 of these students were mandatorily reassigned African-American students. B. Thro (Dir. of Attendance) Memo to Johnson, 9/15/75, B37957. In the Fall of 1975, the Director of Integration authored a memorandum that revealed that the Interest Center concept had failed to work. In a document entitled "Plans for Desegregation for District 205, Long-Range Objectives and Goals," Mr. Oscar Blackwell recommended closing the Interest Centers and opening up centers that would receive students for a full nine months. Blackwell Memo to RBE, 11/13/75, B32910.

[1154]     The RSD's Knowledge of Successful Integration Efforts

[1155]     A review of the documents found in the files of the Director of Integration, Oscar Blackwell, shows that the RSD was well aware of various desegregation plans from around the country that were successful. The RSD had the United States Commission on Civil Rights report detailing the school desegregation efforts in Wichita, Kansas. The RSD had the State of Wisconsin's published manual, which was really a case study of the Oregon Middle School in Wisconsin. The RSD had a report on the program at the Battle Creek, Michigan Public School System. The RSD had a report on the Berkeley, California School System. The RSD had a study on the desegregation program in Evanston, Illinois. The RSD had a study on stability of racial mix in Illinois schools. The RSD had studies of the Morristown, New Jersey Plan and the Pontiac, Michigan Desegregation Plan. The RSD also had a study of the Houston, Texas Magnet School Program.

[1156]      Based upon this, the court finds that the Rockford Board of Education knew that reassignment of students was an integral part of most successful desegregation plans around the country, and intentionally refused to mandatorily reassign, or "bus" white students to achieve integration.

[1157]     The RSD 1975 Integration Plan

[1158]     In February of 1975, the RBE prepared and presented to Judge Bauer and the ISBE its "Recommendations for Student Housing in 1975-76 and Proposals for the Integration of the Rockford RSD #205." B31159-B31173. The plan recommended "open enrollment" and "voluntary transfer" policies. The plan further recommended that the Special Interest Centers at Nelson and Walker Elementary Schools be continued and expanded by bringing in third grade students for a Social Studies Interest Center at Lathrop School. The outdoor environmental education program would continue for all fifth and sixth grade students, which they would attend for two and one-half days per school year. The Latham Park Alternative School and the Haight Arts Alternative School would be retained and expanded. A pre-school program for students aged 3-4 would be established at Dennis School.

[1159]     The Board also proposed the consideration of two new alternative schools, one being a 4-R school emphasizing reading, writing, arithmetic and responsible citizenship and the other being an academically gifted school. Under the plan, the target school concept would continue to be expanded. The plan also utilized the "four school plus concept," which involved the combining of resources of four schools. The proposals for the elementary schools included a statement that the RBE believed that the minority percentage of students attending Bloom, Guilford Center, Johnson and Spring Creek had "increased substantially" and, therefore, some of these minority students should be transferred to Brookview and Fairview Schools. Id. Bloom, Guilford Center, Johnson and Spring Creek received the Muldoon School closing minority students since 1973. In the 1974-75 year, the African-American percentages at these schools were: Bloom: 16% Guilford Center: 21% Johnson: 9% Spring Creek: 13%

[1160]     The system-wide minority enrollment at the time was 18% African-American. As such, these schools could have minority enrollments up to 33% and still be considered integrated.

[1161]     At the time that the RBE was proposing the transfer of African-American students from a Northeast Quadrant elementary school with 9% minority students, the RSD had elementary schools in the Southwest Quadrant with minority percentages as high as 92%. Nevertheless, the Board's proposal in this regard went into effect. In the 1975-76 school year, Fairview School gained fourteen minority students, bringing their minority student population up to 4.42%. Brookview gained thirty-two minority students bringing Brookview's minority enrollment up to 8.13%. At the same time, Bloom, Guilford Center, Johnson and Spring Creek lost an aggregate total of twenty-one minority students. Some of those students, who were still remnants of the Muldoon School closing, were now being mandatorily reassigned to six different elementary schools and some were attending their third different elementary school in four years. Another recommendation contained in the elementary school section of the RSD's 1975 plan was the reopening of Argyle School in order to relieve overcrowding in the far Northeast at all-white Bell School.

[1162]     The February 1975 plan contained the following recommendations for secondary schools: maintain the open enrollment policy; establish a Special Interest Center for seventh and eighth grade students at Wilson; expand the Freeman Alternative School; establish a Fine Arts Alternative School for seventh and eighth grade students; and develop the 4-R School and the Academically Gifted School for middle schools as well as elementary schools. The proposal for the high school included: maintain the open enrollment; apply for funds to build the new senior high school at 35th Street and Samuelson Road (far south, near the Rock River); and consider the two new alternative schools for the high schools as well. Id. The February 1975 plan submitted by the RBE contained many provisions and ideas that were utilized by the Board in the past.

[1163]     Mandatory Assignment of African-American Students From Satellite Attendance Zones

[1164]     In the late 1970's and early 1980's the RSD attempted to integrate racially-identifiable white schools by creating satellite attendance zones. Under this plan, African-American students were mandatorily bused to white schools. The white schools became the so-called "neighborhood schools" assigned to African-American satellite attendance zones. Consequently, students in a satellite attendance zone were required to travel distances of four to seven miles in order to attend their "neighborhood school."

[1165]     In 1977-78, for example, part of the Northwest Quadrant Whig Hill Elementary School's attendance zone was located over four and one-half miles away in the Southwest Quadrant in what had previously been part of the Dennis School area. RSD Boundary Map, 1977-78, B38728. As a result of these Southwest Quadrant students becoming part of Whig Hill's attendance zone, Whig Hill's minority percentage went from 6% in 1976-77 to 49% in 1977-78 and Whig Hill became a racially-identifiable African-American school.

[1166]     When Whig Hill was closed in 1980-81, students from the Whig Hill satellite attendance zone were then sent even farther north to Haight Elementary School and to Conklin Elementary School. RSD Boundary Map, 1981-82, B38709; RBE Memo, 9/19/81, B46539. This action changed Haight School from an integrated school in 1980-81 (16% African-American) to a racially-identifiable African-American school in 1981-82 (42% African-American). The action changed Conklin School from 15% African-American to 27% African-American in 1981-82.

[1167]     Additionally, the Whig Hill/Haight/Conklin Southwest Quadrant satellite attendance zone became a satellite attendance zone for John F. Kennedy Middle School. RSD Boundary Maps, 1978-79, B38728; 1981-82, B38709. If these students were not a satellite attendance zone, they would have attended Wilson Middle School, less than one mile away. Instead, the students were bused over four and one-half miles to a middle school in the Northwest Quadrant.

[1168]     The western part of the attendance area of Haskell Elementary School, a Southwest Quadrant, 55% African-American school, became a satellite attendance zone in the 1980-81 school year. The attendance area became a satellite attendance zone, first, for White Swan School in the Northeast Quadrant and, then, for Brookview School in the Northeast Quadrant, in an attempt to integrate those schools. RSD Boundary Map, 1981-82, B38709; RBE Memo, 8/13/80, B28978. White Swan was eight and one-half miles and Brookview was seven miles from the Haskell School attendance area. When the Haskell satellite attendance zone was added to White Swan School, its minority student percentage went from 6% African-American to 22% African-American. After the Haskell satellite attendance zone was changed to become a part of Brookview School, White Swan's minority percentage dropped down to 1% African-American in 1981-82. Brookview School went from a minority student percentage of 10% in 1980-81 to 24% in 1981-82. The Haskell satellite zone students were removed from White Swan in 1981 and sent to Brookview in order to make room for white students from the recently closed Argyle and Bell Schools.

[1169]     Open Enrollment Policies

[1170]     Most of the desegregation plans proposed by the RBE, including the 1975 Plan, continued the RBE's open enrollment policies. The RSD's open enrollment policies began around 1972. In of May, 1972, Superintendent Salisbury announced that several Southwest Quadrant, African-American schools would be designated as magnet schools, meaning that they would have open enrollment. Any student in Rockford could enroll in a magnet school. The magnet school proposal, however, was not implemented in 1972.

[1171]     In 1973, after the RBE rejected the CDC's plan, it submitted its own plan to the QUEFAC court. The primary focus of this plan was open enrollment. Open enrollment meant that any student could enroll in any school within the RSD, as long as the transfer improved the school's racial balance. In Rockford, however, most schools in the Southwest Quadrant were academically inferior to the schools in the Northeast Quadrant as well as most schools in the Southeast Quadrant. Not surprisingly, therefore, there were few, if any, voluntary transfers of Northeast or Southeast Quadrant students into Southwest Quadrant schools. In September of 1974, only 47 of the 636 students (7%) in the RSD taking advantage of the open enrollment program were white. RSD Memo, 5 Year Student Enrollment Projections, 9/1/74, B38448. In 1975, only 3% of the open enrollment students were white. Desegregation Progress Report, 2/3/75, B31345. Integration Director Blackwell indicated that 1108 African-American students were transferred to achieve integration. In contrast, the number of white students transferred was only 142, a ratio of almost 7.8 to 1. Blackwell Letter to H. Will, Rockford NAACP, 11/10/75, B23364. Some of these African-American students had been mandatorily reassigned as a result of school closings or overcrowding.

[1172]     In September of 1974, the policy of the RSD with regard to open enrollment was that a transfer would only be granted when:

[1173]     1. The transfer would contribute to the desegregation of the RSD; and

[1174]     2. Space was available within the school requested.

[1175]     In addition, new transfers were permitted for each semester and all transfers remained in effect until the end of the school year. The transfer option was closed on October 1, 1974, and each semester thereafter, on the 14th calendar day following the opening day of the new semester. Thro/Blackwell Memo to Johnson, 9/18/74, B37547.

[1176]     Many problems with the open enrollment program existed. In October of 1974, John Wyeth, Assistant Superintendent in Charge of Operations, outlined these problems in a letter to Oscar Blackwell. Students who volunteered for desegregation but who had an early class schedule, had to provide their own transportation without reimbursement from the RSD. Minority students who volunteered to go to a middle or high school for desegregation purposes but whose classes started late in the school day, were unable to finish school by noon, thereby precluding them from obtaining an afternoon-evening job. Desegregation volunteers had to start school at a later time in order to take part in the desegregation program. As a result, students were withdrawing from the desegregation program because of an inability to receive transportation or the lack of a free lunch program. Wyeth (Supt. in Charge of Operations) Memo to Blackwell, 10/2/74, B33228.

[1177]     In 1975, the open enrollment policy became even more restrictive by limiting a student's transportation options. That year, the stated policy regarding open enrollment was that transfers would be granted only when the following criteria were met:

[1178]     

1. The transfer aided in the integration of the RSD.

[1179]     

2. Space was available in the school and grade requested.

[1180]     

3. The student lived where a bus route already existed in order to provide transportation without additional expense to the RSD. Otherwise, the student or his/her parents would provide transportation.

[1181]     Thro/Blackwell Memo to Johnson, 8/28/75, B37547-B37551. The number of open enrollment transfers was, therefore, reduced due to the constriction of available transportation. In the first year the open enrollment program was put into effect, 1973-74, there were only 194 voluntary transfers. In the 1974-75 school year, the number of voluntary transfers increased to 559 students. In the 1975-76 school year, the number fell to 393. Johnson Memo to Thro, 12/8/75, B32880.

[1182]     As early as 1976, the ISBE noted that disparate applications in the transportation policies for open enrollment resulted in discrimination against minority students. The ISBE found that: "There is reason to believe that [open enrollment] transfers were cut off for some schools before they had reached even the average percentage of minority students." For example, one African-American student, Lavern Tammy Brown, was denied a transfer from Beyer School (43.27% African-American in 1975-76) to Eisenhower Middle School (predominantly white). The stated reason for the denial was that "the transfer would not aid in the integration of our RSD." Eisenhower Middle School at that time had only 10.04% minority students.

[1183]     In 1976, the RSD Director of Attendance told a parent that minority students living in the East High area would no longer be allowed to transfer to Guilford because they were aiding integration by attending East. See E. Simon Letter to ISBE, 8/31/76, B27055. At the time, Guilford High School had only a 5% minority student population and East had a 14.3% minority student population. At the same time, the Muldoon School closing students, who had been mandatorily reassigned to the Guilford High School attendance zone elementary schools, were being denied enrollment at Guilford High School as they became ready for high school. This situation remained in effect until the 1979-80 school year.

[1184]     The court finds that there were students who used the open enrollment policy to transfer into a different elementary schools and found that the restrictive transportation policy forced them to abandon their new school and return to their neighborhood school. Further, the court finds that the RSD failed to take steps that would have assured that teachers and administrators were prepared to handle the influx of open enrollment students into their schools. Many educational difficulties arose as many of the transferring students went from low-achieving schools into higher-achieving schools. The RSD teachers and staff were not trained to handle these difficulties.

[1185]     In addition, the court finds that the open enrollment program as administered by the Rockford School District was ineffective as a desegregation tool. A lack of quality education in the African-American schools existed, causing a lack of desire on the part of white students to transfer into those schools. Inadequate transportation was provided, particularly for the minority students. Finally, many minority students who transferred into an elementary school were not allowed to attend the middle and high schools for which that elementary school was to be the natural feeder.

[1186]     1975 Status Report on Integration

[1187]     Shortly after the 1975 recommendations were submitted by the RBE to Judge Bauer, Superintendent Johnson and Integration Director Blackwell submitted a memorandum to the RBE detailing the status of the RSD in relation to their integration efforts. The status report revealed that severe problems with racial isolation continued in the RSD. The report revealed that, although some previously all-white schools in the Northeast Quadrant had increased minority student percentages, the Southwest Quadrant had not been helped quantitatively or qualitatively by any of the desegregation programs. The primary reason why Northeast Quadrant schools experienced increased minority student percentages was because minority students either were mandatorily reassigned away from their neighborhood schools or because a few minority students took advantage of open enrollment and traveled to white, Northeast Quadrant schools. The report further indicated that integration achieved through voluntary transfers of minority students to some majority schools significantly raised the minority percentage in those schools to acceptable levels. These majority schools and the African-American and total minority student percentages in the 1974-75 school year were as follows: School % African-American % Total Minority Guilford High School 3% 3% John F. Kennedy Middle 11% 11% Guilford Center 21% 23% Hillman Elementary 5% 6% Spring Creek Elementary 13% 14% Welsh Elementary 14% 15% Eisenhower Middle 5% 6% Bloom Elementary 16% 17% Haight Elementary 15% 16% Marsh Middle 3% 3% Summerdale Elementary 10% 13% West View Elementary 5% 5%

[1188]      Johnson/Blackwell Memo to RBE, 3/7/75, B30549. Of these twelve schools, three (Guilford Center, Spring Creek and Bloom) had increased minority student percentages only because of the mandatory reassignment of Westside minority students whose neighborhood school was closed and not rebuilt. At the time of this report, forty-five of Rockford's fifty-nine elementary schools were not within the 7-21% minority student percentage range. Thirty-three schools had less than a 5.3% minority student population and twelve schools had greater than a 32.5% minority student population. Additionally, five of the seven middle schools and two of the high schools were racially-identifiable. Statistical data for the percentage of underachieving students in non-compliance schools revealed that the continued racial isolation of minority students in the Southwest Quadrant had severe negative effects on the students' education. In the African-American elementary schools, the percentage of underachievers was very high. Underachiever was defined for ESEA *fn11" Title I purposes as a student whose performance is at least 6 months behind where he or she should be based upon the student's actual grade or grade equivalent. The report contained the following data: 6, 12,2 8 Sc Afri% hoolcan-of Stud ents that are Amer"Tit icanle I unde rach ieve rs" Barb66% 24% our 44% 29% * Beye r Chur33% 25% ch Denn92% 62% is Elli75% 40% s Hask64.5 64% ell % 15% 37% * Kish wauk ee Lath73% 36% rop Linc54% 51% oln Park McIn45% 34% tosh 47% 48% * Rock Rive r

[1189]     The average percentage of students who were underachievers in the African-American schools was 41%. B31159-B31173; Desegregation Status Report, 3/7/75, B30549. The report further indicated that there were 13,117 students participating in the desegregation plan in the 1974-75 school year, out of a total student population of 37,291. Of those 13,117 students, 7,045 were participating in the Special Interest Centers. Accordingly, more than half of the students participating in the desegregation plan only participated for ten to fifteen days per year.

[1190]     The 13,117 students also included 4,665 students who were enrolled at target schools. The target schools were African-American schools that were given extra funds in an attempt to raise student achievement levels at those schools. Students in the alternative Bicultural and Bilingual programs were also included as participating in the integration program. As such, only 1049 students were really participating in some form of desegregation. Of the 1049 remaining students, 636 of those students were transferring into different schools under the open enrollment policy and 413 students were enrolled in alternative schools. Therefore, only approximately 3.6% of the total student population were participating in integration efforts.

[1191]     The RSD's Refusal to Comply With The ISBE's 1976 Rules

[1192]     After the 1975 plan was submitted to Judge Bauer, most of Rockford School District's integration plans were submitted directly to the ISBE. After 1975, the district court assumed a very passive role in the lawsuit and the case was eventually dismissed, without prejudice, in 1981.

[1193]     In 1976 the ISBE issued new desegregation rules and guidelines. The new rules were essentially the same as the rules drafted by the State of Illinois in 1971. The rules mandated that each and every school authority adopt and maintain pupil assignment practices and personnel hiring and assignment policies that eliminate and prevent segregation in schools. If a school was found to be in non-conformance, the school authorities for that district had to prepare a comprehensive plan to correct the specified deficiencies. In preparing the plan, school authorities were required to inform parents and other citizens of the pending issues and involve them in the planning. The rules prohibited school authorities from adopting or maintaining pupil groupings or classification practices that resulted in racial segregation of pupils within schools for a substantial portion of the school day. A district that refused to comply with the rules could be denied Federal funds. ISBE Rules, B25740-B25753.

[1194]     In December of 1976, Dr. Harry Darland, a Member of the RBE, voiced his opposition to the State rules by arguing that, "To bus even one child against his parents' will would be unconstitutional and un-American." At the same time, the RBE was mandatorily busing African-American students to numerous schools against their parents' wishes due to the lack of a neighborhood school and due to overcrowding. Additionally, the creation of the satellite attendance zones created in minority areas resulted in the mandatory busing of minority students.

[1195]     On March 2, 1976, the RBE was informed by the ISBE that the RSD was in non-compliance with the new ISBE rules. The reasons stated by the ISBE for the RSD's non-compliance were:

[1196]     

1. In September of 1972, the RSD was notified that one or more of its schools were segregated under the then existing rules and they were directed, at that time, to submit a desegregation plan;

[1197]     

2. The RSD requested and was granted additional time by the State to develop a plan;

[1198]     

3. Technical assistance was made available by the educational opportunity staff of the ISBE; and

[1199]     

4. The RSD then submitted a plan which was unacceptable and no acceptable plan was ever submitted, nor did the RSD take steps which did, in fact, substantially desegregate the schools under its control.

[1200]     The ISBE also indicated that the RSD's system of desegregation placed undue burdens on minority children. These burdens followed a rather simple pattern: majority students were only moved voluntarily, but minority students were mandatorily reassigned to majority schools. As a result, the ISBE put the RSD on probationary status, the precursor to cutting off Federal funding. The RSD could remove itself from probationary status by submitting an acceptable desegregation plan to the ISBE. ISBE Letter to Johnson, 3/2/76, B25731-B25732.

[1201]     Alternative School Programs: Failures, Disparate Burdens and Benefits

[1202]     In 1975, the RSD began to propose the development of alternative programs to be housed in high-minority schools in an attempt to attract majority students into those schools so as to improve racial balance. Prior to this time, some alternative programs were operating, but they had little impact on the educational community and involved very few students.

[1203]     Then, in 1975, the alternative center program began to receive increased emphasis in an attempt to draw white students voluntarily into high-minority schools. In June of 1975, a proposal was developed to house two alternative programs in Wilson Middle School, 37.36% minority. One of the programs would be for academically talented or "gifted" seventh and eighth grade students, and the other would focus on anthropology.

[1204]     In August, Oscar Blackwell made a statement that "the only way to get the majority students to transfer to minority schools is to have offerings the majority students want that are not available in their home schools." The RSD thus developed a desegregation approach providing special programs and resources to white students that were generally not provided, or were less available, to minority students. When the open enrollment program began in 1973 and minority students started volunteering to transfer, the RSD had not expressed a concern with the need to entice minority students to transfer to white schools. The schools that the minority students were transferring to on the Eastside already had educational opportunities that their home schools simply did not have. In March of 1976, a plan to designate thirteen elementary schools as Special Focus Centers was developed by the RBE. The schools and programs were: African- School American Program Whitehead 0% Arts Focus Walker 1% Math/Science McIntosh 45% Math Conklin 8% Math Awareness/PhyEd Nelson 2% Language Arts Beyer 43% Language Arts Lathrop 73% Social Studies Haskell 60% Environmental Ed. Kishwaukee 15% Instrumental Music Whig Hill 4% Academics Plus/Vocal Music Gregory School 2% Academics Plus Rolling Green 0% Academics Plus, Math, Language Arts Fairview 4% Community Resources

[1205]     The policy proposed that if a student lived in the neighborhood attendance area of the Focus Center and was already attending that school, priority would be given to those students who wished to remain in their neighborhood school, but only if integration would be served by the student remaining there. The proposal met with disapproval from some Southwest Quadrant parents. The RBE then proposed a new group of schools designated as Special Focus Centers were: School % African-American Program King 69% Second Language, Kindergarten Barbour 59% Second Language, Grades 1-5 Lathrop 73% Social Studies, Career Awareness, Grades 1-5 Ellis 74% Gifted, Grades 1-3 Walker 1% Science and Math, Grades 1-6 Haskell 60% Urban environment, Grades 3-5 Henrietta 71% Reading, Grades 1-3 Conklin 8% Math Awareness/PhyEd, Grades 1-5 Lincoln Park 54% Academics Plus, Grades 4-5 Dennis 73% Environmental Awareness/Pre-School Family Plan Grades K-4 Whig Hill 4% Academics Plus/Vocal Music, Grades 1-6 Kishwaukee 15% Instrumental Music, Grades 1-6 Rock River 41% Arts, Grades 1-6 Whitehead 0.5% Law, Grades 1-6 Nelson 2% Language Arts, Grades 1-6 Rolling Green 0% Academics Plus/Swimming, Grades 1-6

[1206]     Bd. Min., 4/12/76, B15282.

[1207]     By June of 1976, the student enrollment at the Focus Centers had fallen far short of the goal. A survey taken of teachers in relation to the alternative programs indicated that some teachers were unhappy with the planning of the alternative programs. The survey was intended to assess staff involvement in the implementation and development of the Focus Centers. The responses revealed a general lack of understanding as to what the Focus Centers were about and indicated a great deal of confusion at some school. In short, the RBE made an inadequate attempt to involve teachers, parents or the community in the development of the Focus Center Programs even though the RBE possessed information and publications that stressed the importance of the involvement of these sectors in order to assure success of the desegregation program. Participation of these sectors was also required by the ISBE rules.

[1208]     In the Summer of 1977, the RSD hired recruiters to recruit students into some of the alternative programs. The recruitment focus was on recruiting majority students into programs at minority schools.

[1209]     In February of 1979, the RSD established rules and practices regarding the Focus Centers. The ethnic composition of the entire school that was housing a Focus Center and/or an alternative program was to reflect the District's student population. Accordingly, a student would not be admitted into the program if the student's presence did not help the ethnic composition of, not just the program, but the entire school. Rules Regulating Recruitment for Focus Centers, 2/22/79, B23469. Nevertheless, for some of the gifted alternative programs and Focus Centers, the recruitment efforts focused almost exclusively on majority students.

[1210]     Some Focus Centers were predominately white but were operated in predominately African-American schools. The RSD considered these schools to be integrated because of the aggregate racial composition of the Focus Center and the regular school program. In other words, the school was classified as integrated if the entire school population, the neighborhood students combined with the alternative program students, were taken into consideration. For example, in 1979, Dennis Elementary School had a general student population that was 65% minority, but the Arts Alternative Program at Dennis School was 14% minority. The presence of the alternative program at Dennis allowed Dennis School to report an overall minority student percentage of 36%. Michaely (Dennis Principal) Memo to Johnson, 4/9/79, B29416.

[1211]     Some, if not most, of the alternative program students were kept separate from the regular student population. The gifted students at King, for example, were kept separate from the regular students at King School. The "regular" student population was high minority. The gifted program at King was almost all-white. Due to the policy that a student was not allowed to enroll in an alternative program if the student did not aid integration, the RSD often denied entrance to African-American students because the alternative programs were located in schools that were already racially-identifiable African-American. As such, the alternative program and its attendant policies and practices segregated classrooms within schools and perpetuated tracking by keeping minority students in lower-achieving classes.

[1212]     The RBE Equity Consultant, Dr. Harriet Doss Willis, testified that she observed such conditions in 1992. Dr. Willis indicated that it was her professional opinion that all of her observations in relation to the conditions would have existed prior to the filing of the lawsuit in 1989. Willis Test., Tr. at 160-169. At King School, for example, Dr. Willis observed very few minority students in the gifted classes. The gifted classes were physically separated from the "regular" classrooms. This practice was said to have been going on for many years. Additionally, the principal at King Elementary, when giving Dr. Willis a tour of the school, referred to the separate classes as the "gifted classes" and the "neighborhood school classes." Dr. Willis observed that the "neighborhood school classes" were almost all minority and the "gifted classes" were almost all white. Dr. Willis described such a phenomenon as a "school within a school." The court finds that the RSD intentionally operated segregated white classes in several minority schools. The classes were operated in such a manner that the white students would have very little, if any, contact with the minority neighborhood students.

[1213]     Dr. Willis also observed this same phenomenon in the high school gifted program at Auburn High School. Id. at 163. Again, the Auburn program was an alternative program composed of mostly white students that was operated in a school that had a high minority population. The court finds that the presence of separate, gifted, predominately white programs in a high minority school had a negative effect on minority students. Further, the court was shown instances where a minority student was not allowed to enter into an alternative program and transfer from his or her neighborhood school because it did not aid integration efforts. The alternative programs were meant to be white programs. The court finds that the policies and practices of the segregated alternative schools contributed to a segregated school system of segregated classrooms within allegedly desegregated schools.

[1214]     1976 RSD Integration Plans

[1215]     On March 31, 1976, the RBE submitted another new desegregation plan to the ISBE. This plan provided for continued open enrollment, consolidated and expanded alternative schools, establishment of full-time Special Focus Centers, anticipated changed community enrollment patterns and involvement of parents in all planning and implementation.

[1216]     On the elementary school level, the plan called for the maintenance of open enrollment, the expansion of Alternative Programs, where possible, the creation of Academics Plus Schools, the establishment of full-time Focus Centers, the creation of options where two or more schools could establish special programs, the cooperation with day care centers, the exemption of Special Education and Bilingual students and the examination of boundary line changes. In addition, a proposal was developed to continue moving sixth graders from Lincoln Park, Conklin and West View to attend John F. Kennedy Middle School and to utilize certain schools to receive Ellis attendance area students.

[1217]     The 1976 plan proposed essentially the same things for the Middle Schools. The plan further proposed a specific boundary change to house the sixth grade students from Welsh, Church and Haskell Schools at Roosevelt Middle School and to house sixth grade students from Barbour, Lathrop and King Schools at Washington Middle School. The high school proposal was also essentially the same as the elementary school proposal. Plan for Continued School Integration, 1976-79, 3/29/76, B33915.

[1218]     ISBE Finding of Noncompliance

[1219]     The RSD's 1976 plan did not conform to the guidelines of the Illinois State Board of Education and, as such, was found to be unacceptable by the ISBE. The ISBE stated that the primary deficiency of the plan was the lack of a mandatory desegregation plan as previously required by the State. Other deficiencies noted in the plan were that the open enrollment policy involved primarily one way transfer of minority students to majority schools; the alternative programs had uneven success; the Special Interest Centers were not to be considered in a plan if they were not full-time; and the timetable submitted by the RSD to have 50% minority enrollment reduced by 1979-80, was inadequate to produce meaningful desegregation within a reasonable time period.

[1220]     The ISBE also stressed that a district that had 39,000 students and a minority population of only 19% should find it relatively easy to desegregate. The ISBE then gave the RBE sixty days to submit amendments to the plan. Further, the ISBE stated that, if the RBE was unwilling to comply with this request, the ISBE would have no alternative but to place the RSD on probationary recognition status, which would be the step prior to the ISBE recommending that Federal funds to the RSD be cut off. Cronin (ISBE) - Johnson Correspondence, B25618; B34730.

[1221]     In April of 1976, the RBE responded to the ISBE's finding of non-compliance. The RBE denied that the District was in non-compliance with State rules. Further, the RBE argued that because the RSD was still essentially under Federal court jurisdiction, the RSD was going to submit plans that were acceptable to the court. The RBE also objected to the State rules establishing requirements and procedures for integration. The RBE claimed that the ISBE has no power to set forth racial quotas for attendance in schools. Additionally, the RBE argued that the rules adopted by the ISBE failed to provide proper due process, were arbitrary, unreasonable and capricious and invaded the provinces of individual Boards of Education. RBE Response, 4/1/76, B500299.

[1222]     In May of 1976, the QUEFAC plaintiffs filed their comments with the Federal Court on the RSD's 1976 desegregation plan. The QUEFAC plaintiffs believed that the Board's stated goal of reduction of minority isolation to 50% in three years fell far short of meeting any constitutional test of equality or opportunity for all RSD students. The plaintiffs also commented that totally voluntary measures simply did not work in Rockford. The plaintiffs further stated that they could not believe that majority parents were going to choose a Focus Center Program in different Quadrants of the RSD over continuing their students in high-achieving neighborhood schools. The plaintiffs also criticized the building of the new high school noting that it really would do nothing to improve racial balance at the high school level in Rockford. B25535.

[1223]     The REA's response to the desegregation plan stated that the RSD's plans to build a new high school to replace Jefferson High School would not reduce overcrowding or aid integration. The REA criticized the voluntary transfer program as being inadequate and objected to the inclusion of the students moved from Muldoon School and Lincoln Park School in the voluntary transfer figures, contending that the transfers were involuntary transfers. The REA, however, favored the alternative schools program and indicated that Focus Centers could be educationally sound if there was involvement of staff and parents and if the centers were upgraded. The REA criticized the Board on its failure to provide teacher in-service training. B25500.

[1224]     In response to the ISBE's request that the 1976 desegregation plan be modified, the RBE decided to house alternative programs in the more heavily minority-impacted schools. Bd. Min., 4/21/76, B15282. As previously described, however, alternative programs simply created a "school within a school" and did nothing to further integration.

[1225]     In June of 1976, a letter was sent to the ISBE from the Superintendent of the RSD informing the ISBE that the RSD could not meet its stated goal of reducing minority enrollment in all schools to 50% or less minority by January of 1977. The RSD pushed back the date to achieve this goal to September of 1977. Johnson Letter to Cronin, 6/16/76, B25477. In July, after the ISBE disapproved of the RBE's plan, the RBE again amended its school desegregation plan reducing the number of Special Focus Centers from sixteen to eight. B500397. In August, the ISBE once again cited the RSD for its failure to develop an acceptable desegregation plan. The ISBE filed an interim report with the Federal court detailing the RSD's failures. Cronin Letter to Johnson, 8/2/76, B25474.

[1226]     In October of 1976, the ISBE formally evaluated the RBE's plan. The ISBE found that the plan provided no realistic indication that the proposed voluntary plan would ever achieve the goals of desegregation. The ISBA further found that the Focus Centers did not affect the schools with the largest minority population. Many schools were completely left out of the desegregation plan. Finally, the ISBE noted that the RBE had failed to consider an alternate plan if the voluntary plan did not succeed. ISBE Evaluation, 10/1/76, B500351.

[1227]     October 1976 Revised Integration Plan

[1228]     In October of 1976, the RSD presented yet another desegregation plan to the ISBE. The plan stated that the RSD was going to need another two years to meet State rules and requirements for the elimination of racial segregation. The plan revolved around voluntary movements and transfers of students. The October 15, 1976 revised RSD integration plan listed the following schools as having more than 50% minority enrollment: Washington Middle School, 72%; Barbour, 86%; Beyer, 51%; Dennis, 93%; Ellis, 79%; Haskell, 65%; Henrietta, 70%; King, 91%; Lathrop, 73%; and Lincoln Park, 52%. The plan called for a reduction of these minority enrollments and stated that this would take at least another year. Revised School Integration Plan, 10/13/76, B25454.

[1229]     In January of 1977, Superintendent Johnson made his report to the Members of the RBE, listing ten schools in the Southwest Quadrant that had over 50% minority enrollment. The schools were Washington, 72.2%; Barbour, 86.2%; Beyer, 50.8%; Dennis, 92.8%; Ellis, 79.2%; Haskell, 64.9%; Henrietta, 69.9%; King, 91.4%; Lathrop, 73%; and Lincoln Park, 51.8%. Superintendent Johnson made the following findings and desegregation proposals. As of the Fall of 1977, fifteen schools had minority enrollments less than 7.7% minority and were thus not in compliance with the ISBE's guidelines. Fourteen of the fifteen were Eastside schools. Superintendent Johnson proposed pairing certain schools with African-American schools and reassigning the students in each pair to reduce racial imbalance. For example, to solve the 86.2% minority population problem at Barbour, Superintendent Johnson proposed pairing Barbour with Evergreen, another school in the Southwest Quadrant that in the 1976-77 school year had 9.96% African-American students. Another proposal was the pairing of Dennis, 87% African-American, and Stiles, 13% African-American in the 1976-77 school year, both elementary schools in the Southwest Quadrant, and only one mile apart from each other. Johnson Memo to RBE, 1/10/77, B37961.

[1230]     1977 ISBE Finding of Noncompliance and Probationary Sanction

[1231]     On March 10, 1977, shortly after this plan was approved by the RBE, the ISBE wrote to Superintendent Johnson regarding the RSD's continued failure to meaningfully desegregate their schools despite their continued promises to do so. The ISBE noted that the RBE had committed to having all schools, except Barbour, King and Washington, with a 50% or less minority enrollment by September of 1977. The ISBE's figures indicated that no school that had over 50% minority during the 1975-76 school year had dropped below 50% for the 1976-77 school year. In fact, six schools had increased in minority percentage and one school had increased to over 50% minority. The 50% minority figure was a target that the RBE had set for itself and 50% minority was not in compliance with State rules as they existed.

[1232]     The ISBE also criticized all of plans of the RBE as being either not detailed enough or not doing anything to truly desegregate the schools. The ISBE informed the RBE that the RBE was in violation of the Armstrong Act and the State Board of Education Rules and, therefore, the RSD was place on probation as of March 10, 1977. Cronin Letter to Johnson, 3/10/77, B500275.

[1233]     May 1977 Integration Plan

[1234]     On May 9, 1977, the RBE tried once again and sent a revised desegregation plan to the ISBE. The revised plan provided that the following schools with over 50% minority enrollment would have their minority enrollment percentage reduced to less than 50%: Barbour, Beyer, Dennis, Ellis, Haskell, King, Lathrop and Lincoln Park. The revised plan excepted Henrietta School (70% minority) and Washington Junior High (70% minority) from the 50% goal. This plan was divided into two phases, the second phase being a back-up plan that involved involuntary measures in case Phase I failed.

[1235]     Phase I included the following:

[1236]     

Relocate bilingual programs from Barbour (60% African-American and 76% minority) and King (77% African-American and 91% minority) to Whitehead (99% white);

[1237]     

Shift Blackhawk Day Care Center students from Beyer (50% African-American) to another school;

[1238]     

Concentrate recruitment efforts on bringing majority students into high-minority schools;

[1239]     

Relocate alternative schools located at Latham Park (20% African-American) and Freeman Schools to Lincoln Park School (48% African-American);

[1240]     

Open Haskell (60% African-American) and Bloom (10% African-American, 89% white) as Academics Plus Centers;

[1241]     

Establish a gifted program at King;

[1242]     

Close Riverside (0% African-American) and transfer students to Lathrop (73% African-American);

[1243]     

Expand the Washington Middle Rainbow Alternative Program (Washington was 63% African-American);

[1244]     

House sixth grade students from Riverside (0% African-American), Evergreen (10% African-American), King, Barbour and Lathrop Schools in Washington Middle School, Continue Focus Centers at Rock River (36% African-American), Conklin (17% African-American), Walker (95% white) and Kishwaukee (16% African-American); and

[1245]     

Invite Nelson (10% African-American) and Lathrop alternative programs to participate in Academics Plus Center at Haskell or Bloom.

[1246]     The RBE reserved the right to assign attendance centers for day care students. The plan also called for the expansion of current alternative programs in order to raise minority enrollment to 30%. Open enrollment would be continued under the Plan and Alpine, Freeman, Latham Park, Lincoln Park and Riverside Schools would be closed.

[1247]     Phase II provided for the following: Pair Stiles and Dennis Schools by housing K-3 in Stiles and 4-6 in Dennis; change boundary lines between Haskell (60% African-American) and Jackson (2% African-American); pair King (63% African-American) and Kishwaukee (16% African-American); and redistrict secondary school boundaries when the new Jefferson High School opened. Bd. Min., 5/9/77, B15721.

[1248]     On May 23, 1977, the ISBE wrote to Superintendent Johnson notifying Mr. Johnson that the desegregation plan submitted by the RSD on May 9, 1977 was temporarily approved by the State Board of Education. The approval of the plan expired in March of 1978, at which time the RSD's minority percentages, and other pertinent information, would be re-examined by the State. Cronin Letter to Johnson, 5/23/77, B500269. On June 13, 1977, Oscar Blackwell recommended that the pairing of Dennis and Stiles Schools occur in Phase I instead of Phase II. The plan was changed per his recommendation.

[1249]     Revisions of the May 1977 Plan

[1250]     Shortly after the ISBE's temporary approval was granted, the RBE began changing its desegregation plan in response to the dissatisfaction of parents of students at majority schools affected by the plan. At a meeting on August 8, 1977 the RBE received a petition containing more than 685 signatures of citizens opposed to "nonvoluntary" busing. A speaker on behalf of the residents of the Stiles attendance area spoke in opposition to "nonvoluntary" busing of students for integration purposes. In August of 1977, the RBE approved changes in the plan to eliminate the busing of Stiles School (white) students to Dennis School (African-American). The RBE's minutes of August, 1977 indicated that Stiles School would continue to house K-6, but Dennis School would house only Pre-K-3. The RSD, however, continued to bus grades 4-6 students from Dennis School to Stiles School.

[1251]     The original plan involved two-way busing of both Stiles and Dennis students. The change, of course, burdened the African-American students, placing them in a nonvoluntary situation, and protected the white students.

[1252]     At the same time, the RSD received a petition from parents of Evergreen School (89% white) students protesting the transfer of their students. Phase I of the plan called for the transfer of sixth-grade Evergreen students to Washington Junior High School, which was predominantly African-American. In response to the petition, the RBE said it had made a mistake and that this transfer was only meant to be part of Phase II. Bd. Min., 6/13/77, B15735. The Evergreen School students were removed from the plan in June of 1977. B39277.

[1253]     In the late 1970's, the RBE established a remedial program at Barbour School (79% African-American in 1977-78). In September of 1977, the RBE established the GIT (Get It Together) Program for sixth grade students at Barbour School and sent the regular sixth grade students to Washington Middle School. Bd. Min., 9/26/77, B15883. In April of 1979, the RBE expanded the GIT program to include all of grades four through six, and sent the regular fourth, fifth and sixth grade students to Whitehead, Rolling Green, Hillman and Vandercook Schools on the Eastside of Rockford. Bd. Min., 4/23/79, B16387; see also, 1989 Reorganization Plan § 2.13, B509184. The result was that African-American students from Barbour School were mandatorily assigned to racially-identifiable white Eastside schools. The RSD's "integration" programs thus placed disproportionate burdens on African-American students.

[1254]     The changes that occurred in the RSD were the result of the mandatory shifting of African-American students. As to white students, the RSD's position was to provide special educational services that would attract white students to voluntarily transfer into the racially-identifiable minority schools. When the RBE first established the GIT program and sent the regular sixth grade students to Washington Middle School, eighty-nine additional white students came to Barbour in the 1978-79 school year and fifty-six African-American students left. In a similar situation in 1969, the RBE rejected a middle school plan that would have required white sixth grade students to attend a middle school as opposed to continuing in elementary school. When the GIT program was expanded and even more minority students sent away from their neighborhood school in 1980-81, Barbour lost forty-two more African-American students and gained nine white students.

[1255]     By October of 1977, a total of twenty-eight elementary schools, one middle school and one high school were still out of compliance with State guidelines. Thirteen schools had minority percentages that were more than 15% higher than the total minority student population of the District and seventeen schools had minority percentages that were more than 15% lower than the total minority student population the District.

[1256]     Construction of New Jefferson High School

[1257]     By the 1977-78 school year, the Westside high schools, Auburn and West, were near their CDB-capacities. The Eastside high schools were well in excess of their CDB capacities: East High, 133% of CDB capacity; Guilford High, 167% of CDB capacity; and Jefferson High, 177% of CDB capacity. This overcrowding intensified following the decision of the RBE to mandatorily assign mandatory Westside attendance zones to the Eastside high schools in an effort to integrate Eastside schools. In 1971, the area west of the Rock River and south of Loomis Street was assigned to East High School. RSD Boundary Map, 1971-72, B38719. This continued through the 1980's. By 1978, the area west of the Rock River, between Kent Creek and Jefferson Street was assigned to Guilford High School. RSD Boundary Map, 1978-79, B38728. This also continued through the 1980's. The western part of the Haskell Elementary School attendance area was assigned to White Swan and then to Brookview Schools. RSD Boundary Map, 1981-82, B38709. Muldoon closing students went east, to East and Guilford High Schools.

[1258]     During 1978, the RBE considered balancing secondary enrollment by redrawing boundaries and splitting grades among the various high schools and middle schools. Instead, the RBE decided to construct a new high school on the far south part of the Southeast Quadrant and move the excess enrollment from the other Eastside high schools to this new school, Jefferson High School. All of the plans involved moving substantial numbers of mostly white students from Guilford and East High Schools to Auburn and West High Schools, except the plan calling for the construction of Jefferson High School. In the mid to late 1970's and throughout the 1980's, student population at all of Rockford's high schools declined along with the RSD's total enrollment. Instead of drawing new attendance zones to balance attendance and decrease overcrowding, the RSD insisted upon building Jefferson High School in the Southeast Quadrant and drew boundaries that assigned all students east of the Rock River to the three Eastside high schools. These boundaries, to a large extent, maintained the racial imbalances that previously existed. The racial and capacity percentages at the five high schools were as follows: High Percentage of African- School Americans Percentage of Capacity 1977-78 1978-79 1977-78 1978-79 Auburn 37% 32% 102% 107% East 14% 15% 149% 133% Guilford 7% 9% 167% 136% Jefferson 9% 8% 177% 96% West 19% 21% 105% 100%

[1259]     As a result of the actions of the RBE, for the next ten years the following situation existed: Auburn remained 30-36% African-American and operated at or under capacity. East remained 15-22% African-American and well over capacity. Guilford remained 10-15% African-American and essentially at or under capacity after 1982. Jefferson remained 6-8% African-American and well under capacity until West closed as a high school in 1989. The two high schools on the Westside were maintained racially-identifiably African-American and relatively under-utilized. East High School was integrated and badly overcrowded. Guilford and Jefferson were maintained as white and under-utilized.

[1260]     Throughout the 1970's and the 1980's the RSD refused to transfer white Eastside high school students to schools west of the Rock River for integration purposes. Jefferson and Guilford High Schools were kept predominantly white, first by packing whites into these schools and then by integrating and packing students into East High School. B38039-B38047.

[1261]     Noncompliance With The ISBE Rules in The Late 1970's

[1262]     In January of 1978, the RBE projected that every school, except two, would have a minority enrollment of under 36% in the 1978-79 school year. The two exceptions, Barbour and Washington, were projected to have minority enrollments of under 50%. B33904. In the plans for continued school integration dated January 30, 1978, the RBE put a "moratorium" on enrollment at the non-complying schools in Rockford. If a family moved after June 9, 1978, and the enrollment of their child in the nearest school did not aid integration, the child would be sent to another school.

[1263]     In February of 1978, the ISBE gave the RSD another year to bring all of its schools into compliance with State desegregation guidelines. In the 1978-79 school year, nineteen of Rockford's sixty-eight schools were outside the +- 15% guidelines of the ISBE. Barbour School had a minority enrollment of 63%, Washington had a minority enrollment of 65% and eleven elementary schools still had minority enrollments over 36%, going as high as 73% at Ellis School.

[1264]     Under the ISBE's conditioned monitoring of the RBE's desegregation plan, the RBE was required to submit a progress report to the ISBE in March of 1979. In February of 1979, Superintendent Johnson wrote to the ISBE requesting an extension for submission of their progress report and integration plan for 1979. Superintendent Johnson requested the extension because of bad weather which he claimed had delayed the evaluation of the desegregation program.

[1265]     In June of 1979, the ISBE informed the RSD that an extension of its "6.1" waiver had been granted until January, 1980. The waiver allowed the RSD to continue receiving government funding despite its being found in non-compliance with the ISBE's rules and regulations. The basis for and conditions of this extension were:

[1266]     

1. The RSD had achieved a greater measure of desegregation since the RBE's resolution in June of 1976 but progress had been considerably less than projected;

[1267]     

2. If the voluntary plans then underway did not achieve the 1979-80 projected enrollments by January, 1980, the District would be directed to develop and implement other desegregation measures not dependent on pupil or parent choice; and

[1268]     

3. During the interim period, Integration staff and other staff were directed to work closely with the RSD to further its desegregation efforts including an expanded staff in-service program.

[1269]     ISBE Letter to Jonson, 6/18/79, B500240. Enrollment data for the 1979-80 school year showed that eleven elementary schools were out of compliance with the ISBE rules because their minority student enrollment was too high. Seventeen elementary schools were out of compliance with the ISBE rules for having a minority student enrollment that was too low. Included in these figures were five Southwest Quadrant schools (high minority schools) that fell further out of compliance from 1978-79 to 1979-80. Those schools were Church, Haskell, Henrietta, Lathrop and McIntosh.

[1270]     In November of 1979, Superintendent Johnson presented desegregation proposals to the RBE that involved the busing of minority students in an effort to reduce minority enrollment at certain schools. One of the proposals involved moving the Fairgrounds Housing Development students out of Church School (50.5% minority) to reduce Church's minority enrollment. Another proposal suggested the busing of Champion Court and Concord Commons public housing development students "to a convenient school where their presence would not adversely affect the racial balance." Johnson Memo to RBE, 11/13/79, B500240.

[1271]     The ISBE 1980 Finding of RSD Noncompliance

[1272]     In January of 1980, the ISBE, by a 15-0 vote, found the RSD's desegregation plan inadequate and directed the RSD to amend the plan to include involuntary measures for the 1980-81 school year. Shortly after this, Dr. Cronin of the ISBE wrote to Superintendent Johnson directing the RSD to develop and implement an amendment to its desegregation plan that called for affirmative acts that were not dependent on pupil or parent choice for the 1980-81 school year. Dr. Cronin explained that this action was taken by the ISBE because the RSD had not achieved the level of desegregation expected by the State and by the RSD itself. Of the thirteen schools that the RSD projected decreased minority enrollment, only two met the RSD's projections.

[1273]     The RSD Defiance of The ISBE Rules - Opposition to Student Assignment Goals

[1274]     The RBE challenged the ISBE's authority and the RBE's legal obligations to follow the dictates of the ISBE. In April of 1980, the RBE dropped its numerical integration goals. The RBE deleted from its policy statement a commitment to work toward a minority enrollment of 50% or less in each school, stating that the RSD would "oppose any set quotas for the purpose of integration." The RBE then pledged to achieve integration through the use of alternative schools, open enrollment and adjustment of school boundaries, feeder patterns and school closings. Bd. Min., 4/17/80, B16718. A review of RSD's student housing data revealed that there was virtually no progress in desegregating African-American schools on Rockford's Westside between 1977 and 1981. B37928-B37942.

[1275]     Disparate Burdens on African-American Students By Continuing Mandatory Assignment to Eastside Schools

[1276]     Throughout the 1970's and the 1980's, the RSD mandatorily bused Southwest Quadrant students away from their "neighborhood" schools to schools east of the Rock River in an effort to desegregate majority white schools. The busing of Northeast and Southeast Quadrant students to schools on the Westside of Rockford, however, was voluntary. The RBE allegedly had a policy against forced busing for the purposes of integration. A member of the RBE once stated: "We shouldn't move students around to achieve racial balance." The court finds, however, that the RBE's opposition to mandatory busing and mandatory integration measures was applicable only to white students.

[1277]     In March of 1980, Superintendent Johnson made various integration proposals that affected white schools. The proposals included closing Evergreen School (83% white), Argyle (99% white) and Highland School (86% white). B4198-B4229. One month later, these proposals were rejected by the RBE. Bd. Min., 4/28/80, B35526.

[1278]     On April 28, 1980, the RBE adopted the following desegregation plan: fourth, fifth, and sixth grade Barbour students were reassigned to schools in the Northeast and Southeast Quadrants in order to make room for an expanded GIT program at Barbour. A RSD document entitled "Mandatory Busing" revealed that a total of 218 Barbour School students were bused from Barbour to Hillman, Nashold, Rolling Green and Vandercook Schools, all in the Southeast Quadrant, during the 1985-86 school year. B46710. The elementary and middle school components of the Creative and Performing Arts (CAPA) program were combined by transferring the Ellis School CAPA fourth through sixth grade students to Washington Junior High. In order to make room for these new CAPA students, the sixth grade Barbour students were removed from Washington and reassigned to Eastside schools. By the 1985-86 school year, a total of 329 students from Ellis School were mandatorily bused to six different schools in the following Quadrants: Bloom, Northeast; Carlson, Northeast; Jackson, Northeast; Spring Creek, Northeast; Welsh, Northwest; and Westview, Northwest. Id. The boundaries of Haskell School were changed so that some of the Haskell students were sent to nine Northeast area schools that already were receiving students from the Westside. Bd. Min., 4/28/80, B35526. Three of these four decisions involved the mandatory reassignment of students from African-American, Southwest Quadrant schools, to schools east of the Rock River. The court finds that the RBE was well aware of complaints and protests from minority parents that one-way busing was unfair and that in fact, the RBE had a policy against busing. The policy was enforced only for the protection of white neighborhood students.

[1279]     In September of 1980, RBE Member Dr. Harry Darland filed a lawsuit against the ISBE requesting that the ISBE be permanently restrained and enjoined from enforcing its rules establishing requirements and procedures for the elimination and prevention of racial segregation in RSD schools. Further, in 1980, the Haskell School attendance boundaries were changed requiring approximately half of the pupils living west of Kilburn Avenue, just three blocks west of Haskell School, to ride buses to Eastside schools. This change affected fifty to sixty African-American students. These African-American students were sent to White Swan School on the far Eastside of Rockford, about seven miles from the area where these students lived. See B509184. Students from Haskell were not given the option of attending any other neighborhood school. RBE Memo, 8/17/80, B4073. White Swan's minority percentage thus went from 5.64% African-American to 22.31% African-American. As a result of complaints from parents of students at White Swan School, the Haskell transfer students were at White Swan for only one year.

[1280]     The year after the Haskell students were transferred into White Swan, Argyle and Bell Schools were closed. White students from Argyle and Bell were reassigned to White Swan and the African-American Haskell students were removed from White Swan. B509184. White Swan's minority percentage dropped dramatically down to .56% African-American, 5% lower than it was before the Haskell busing. Thus, White Swan was integrated and subsequently resegregated within two successive school years.

[1281]     In 1981, the African-American students from the west part of the Haskell School attendance area were bused to Brookview School in the Northeast Quadrant with a 89% white and 10% African-American enrollment. RSD Attendance Map, 1981-82, B28709. This assignment remained in effect until the 1989 Reorganization Plan. From the 1980-81 to the 1981-82 school year, Brookview's African-American percentage increased from 10% to 24%. Brookview School was approximately five miles from the west part of the Haskell School area. The net result of the reassignment of the Haskell area students was to reduce Haskell's minority percentage enrollment by less than 6%, bringing that enrollment to just under 50%. The court finds that this busing imposed a substantial burden on the Haskell students who were forced to travel long distances to a new school, only to be taken out of that school one year later and "reassigned" to another new and distant school. The court further finds that this type of disparate impact and burden placed on minority students was not an isolated incident.

[1282]     In the 1980-81 school year, a RSD analysis was performed in order to determine the number of neighborhood students attending their neighborhood schools. A review of this document revealed that in the racially-identifiable African-American schools in the Southwest Quadrant, only 64.56% of the neighborhood students were attending their neighborhood school. For example, only 195 of Barbour's 442 neighborhood attendance area students actually attended Barbour School. The other 247 students were bused to other schools. In contrast, in the racially-identifiable white schools in the Southwest Quadrant, 94.5% of the neighborhood students were enrolled in their neighborhood schools. In the Northwest, Northeast and Southeast Quadrants combined, an average of 91.58% of neighborhood students were attending their "neighborhood" schools. Further, a RSD document revealed that in the 1988-89 school year, all of the 2100 students who were mandatorily reassigned out of their neighborhood came from the predominantly minority Southwest Quadrant. Accordingly, the court finds that the RSD's claimed policy of "neighborhood schools" was, in reality, applicable only to white students in white neighborhoods.

[1283]     Student Assignment and School Boundaries Subsequent to the QUEFAC Lawsuit and the ISBE Investigation

[1284]     In March of 1981, the RBE passed a resolution regarding school integration. The resolution was presented by Board Member Dr. Harry Darland. The resolution stated that, because a State Appellate Court decision on the East Aurora School District 131 declared the ISBE rules unreasonable, arbitrary and void, the RSD would no longer comply with the rules and regulations of the ISBE. The RSD would operate according to its own integration policies. B36704.

[1285]     In 1972, when the RSD was first asked to comply with the ISBE rules, approximately 90% of the RSD's students attended racially-identifiable elementary schools. In 1972, 93% of the RSD's elementary schools were racially-identifiable. By 1980, after the QUEFAC litigation and following pressure from the ISBE to desegregate RSD schools, the number of students attending racially-identifiable elementary schools was approximately 50%. After the section of the ISBE rules that set numerical student population requirements was declared invalid and the RBE eliminated its own numerical goals, the percentage of students in racially-identifiable elementary schools began to climb. By 1987, approximately 65% of the students in the RSD were attending racially-identifiable elementary schools and 56% of the RSD's elementary schools were racially identifiable.

[1286]     After the ISBE lost its power in relation to the RSD and after the QUEFAC suite was dismissed without prejudice in 1981, the RBE undertook a series of actions that had the effect of isolating the minority students in the RSD. These actions included the dismantling of alternative programs, the restricting of transportation options for students and the closing of schools and the redrawing of school boundaries. All of these actions had a segregative effect on the RSD's schools.

[1287]     1980 Student Reassignments and Closing of Schools

[1288]     A RSD administrative task force report on future RSD building needs was presented to the RBE on March 10, 1980. Bd. Min., 3/10/80, B16678. The report named twelve schools recommended for further analysis to determine whether they should be closed. Those schools included Whitehead, Beyer, Nelson, Peterson, Fairview, Argyle, Summerdale, Lathrop and Evergreen Elementary Schools. Also named for possible closure were Roosevelt, John F. Kennedy and Washington Middle Schools. Id.

[1289]     On December 8, 1980, the RBE received a report from Northern Illinois University consultants hired to study buildings and facilities in the RSD. This report proposed closing eleven schools in the 1981-82 school year. Bd. Min., 12/8/80, B16921. Those schools were Gunsolas, Highland, Wight, Henrietta, Bell, Argyle, White Hill, Peterson, Washington Middle School, Roosevelt Middle School and Lincoln Park School.

[1290]     On February 9, 1981, the RBE received a study RSD staff had prepared of all school buildings in the district. Bd. Min., 2/9/81, B16955. This document was entitled the "Rockford Public Schools Individual Building Analysis." Individual Building Analysis (IBA), 2/9/81, B29808. The staff's report stated that "[i]n analyzing each building our committee used 13 components which were initially given equal ranking." Id. One of the thirteen components that appeared in the staff committee report was the concept of de jure segregation. The report explained that "this factor takes into account whether reassignment of students due to a school closing could have de jure segregation implications, thus limiting the board's ability to reassign students to the closest school." Id.

[1291]     With regard to Dennis School, the RSD staff report stated that "[a] change in boundaries to accommodate strictly a neighborhood population could result in de jure segregation." In 1983, and again in 1989, the RBE approved boundary changes to accommodate a neighborhood population with the result that Dennis School became more segregated. In the 1982-83 school year, Dennis was 31% African-American and in the 1983-84 school year, Dennis was 57% African-American.

[1292]     With regard to Ellis School, the RSD staff report stated that "returning grades 4-6 could result in de jure segregation." In 1989, the "Muldoon" grades 4-6 were returned to Ellis School, causing Ellis' minority population to increase from 59.08% African-American to 92.08% African-American. Additionally, the Arts Alternative Program was removed from Ellis and sent to Washington. As a result, Ellis' white student population dropped to 17 in 1989-90 from 127 in 1988-89.

[1293]     With regard to Henrietta School, the RSD staff report stated that "reassignment of students must avoid de jure segregation." In the 1980-81 school year, Henrietta School was racially-identifiably African-American with a 63% minority enrollment. In the 1981-82 school year, Henrietta was closed and students were reassigned to Dennis, McIntosh and Haight Schools. Dennis School's African-American population rose to 32%. Haight School's African-American student population increased from 16% to 42%. McIntosh School's minority population increased from 45% to 53%.

[1294]     With regard to Whig Hill, the RSD staff report stated that "reassignment of students must avoid de jure segregation." In 1981, Whig Hill was closed and its 44% African-American students were reassigned to Haight School, which then became racially-identifiable African-American, going from 16% to 42% African-American, and to Conklin School, which went from 15% African-American to 27% African-American.

[1295]     In the 1980-81 school year, Gunsolas School, in the Southeast Quadrant, was 93% white. When Gunsolas closed, its students were transferred to adjacent racially-identifiable white or integrated schools, New Milford, Sky View and Froberg. B46632. As a result of the addition of white students from Gunsolas, Froberg School went from being an integrated school at 19% African-American in 1980-81, to 3% African-American in 1981-82. The GIT program at Froberg was removed, also resulting to an increased majority student population. Bd. Min., 3/9/81, B16975. In an attempt to accommodate the Froberg GIT students, the GIT programs at Jackson and Barbour Schools were expanded.

[1296]     In the 1980-81 school year, Argyle and Bell Schools were 98% and 95% white respectively. When these schools closed, the students were reassigned to nearby Spring Creek, Guilford Center and White Swan Schools. B46630. Haskell students were removed from White Swan, resulting in White Swan going from 22% African-American to 98% white.


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