UNITED STATES COURT OF APPEALS FIFTH CIRCUIT No. 23,365 UNITED STATES OF AMERICA Appellant versus THE BOSSIER PARISH SCHOOL BOARD, ET AL. Appellees Appeal from United States District Court for the Western District of Louisiana Multilith Record INDEX Else 1. Plan for Desegregation 1 2. Objections to Desegregation Plan 13 3. Memorandum on Behalf of Defendants in Support of Defendants Plan 15 4. Plaintiffs Objections to Defendants T Plan for Desegregation 30 8 5. TRANSCRIPT OF PROCEEDINGS: 34 9 t For Defendants: 10 In EMMETT COPE 35 z 11 "D-1" and "D-2" (sent in original) 65 12 BILL DAVIS 133 13 tf "Intervenor-1" - Average Daily Membership, Bossier Parish 168 14 WHITT T. WHITE 171 15 t "Intervenor-2" - Annual Reports Sub- 16 mitted by Principals for 1964-65 0 (sent in original) 192 17 L; z 0 18 For Intervenor: 19 2 WILLIAM STORMER 195 20 "Intervenor-3" - Ratings of Schools (sent in original) 202 21 FOR DEFENDANTS: 22 MRS. RUTH COLVIN 217 23 GEORGE C. NELSON 228 24 "D-3" - Tax percentages (sent in original) 230 25 INDEX (Continued) Page For the Plaintiffs: BARBARA FAYE JONES 239 For Intervenor: HENRY W. SMITH 243 "Intervenor-4" - Work Sheets of Henry 7= W. Smith (sent in original) 244 8o "Intervenor-5" - Maps (sent in original) 245 96 6. Order on Plan for Desegregation 251 w ioi 7. Notice of Appeal 258 8. Designation 259 12 ., 9. Order by Court of Appeals 260 13t 10. Amended Order on Plan for Desegregation 261 14 11 Notice of Appeal 263 15 12. Certificate of Compliance 264 ft 16 (a) Notice of Supt. Cope to Parents 0 and 12th Grade Students 269 17 (b) Affidavit of Brady Porter 18 (8-24-65) 270 19 (c) Public Notice 271 20 (d) Affidavit of Brady Porter (8-23-65) 272 21 (e) Public Notice 273 22 13. Notice of Appeal 274 23 14. Letter to Alton L. Curtis, Clerk, from 24 John Doar dated 10-26-65 275 25 11. 1 INDEX (Continued) 2 Pale 3 15. Motion and Order for Extension of Time Within Which to Docket Case 276 16, Clerks Certificate 277 5 17. Appellants Designation 278 6 80 90 10 0 UT; ---o0o--- X 12 1;?3 " 14 C 1.- 1 5 O 16 0 17 0 18 19 ° 20 21 22 23 24 25 1 IN THE UNITED STATES COURT OF APPEALS 2 FOR THE FIFTH CIRCUIT 3 4 NO. 23,365 5 6 71 8 UNITED STATES OF AMERICA, 9 t Appellant, o. 10 Versus z 11 12 THE BOSSIER PARISH SCHOOL BOARD, ET AL. 13 Appellees 14 150 o. 16 0 17 0 18 19 2 Appeal from the United States District Court for the Western District of Louisiana 20 21 22 23 RECORD ON APPEAL 24 25 1 UNITED STATES DISTRICT COURT 2 WESTERN DISTRICT OF LOUISIANA 3 SHREVEPORT DIVISION 4 5 URA BERNARD LEMON, ET AL, Plaintiffs 6 NO. 10687 VS ; THE BOSSIER PARISH SCHOOL CIVIL ACTION 8F., BOARD, ET AL. Defendants 10 11,7, NOW INTO COURT, through undersigned counsel, come 12_, BOSSIER PARISH SCHOOL BOARD and EMMETT COPE, its Superintend- w 13;f ent, who, with respect, show: 14 1. is% That defendants, pursuant to an order of Court, 16 =L present herewith three alternative plans for desegregation 17 of Bossier Parish Schoos. 18 JACK P.F. GREMILLION, Attorney General, State of Louisiana, 19 2 Capitol Bldg., Baton Rouge, Louisiana 20 WILLIAM P. SCHULER, Assistant 21 Attorney General, State of Louisiana, Trist Bldg., 22 Arabi, Louisiana 23 LOUIS H. PADGETT, JR., District Attorney, Bossier Parish, 24 Barksdale Blvd., Bossier City Louisiana 25 4 1 to invite or induce disorganization and would impose ex- 2 cessive burdens on the available resources as well as/ 3 teaching and administrative personnel of the school/and, 4 WHEREAS, the State Board of Education has not 5 promulgated rules and regulations relative to placement 6 of students in the schools and this Board has the inherent 71 power of pupil placement and more complete regulations v are necessary. 9 g NOW, THEREFORE, to insure the continued orderly 101 and efficient operation of the school system and to comply . 1i with the order of the Honorable United States District Court 12, and to instruct the school staff as to how they shall 13t handle the probems of desegregation and to insure orderly 14 procedure of uniform application for pupil assignment, 15 transfer, and/or placement, and to enable the continuing rc . mprovementimprovement of educational advantages offered, the follow- 17,; ing rules and procedures shall be followed: 18> I. 19 2 All initial pupil assignments made for the school 20 year 1965-66 will be considered adequate, subject, 21 however, to the right of a student to transfer to 22 the nearest formerly all-white or all-colored 23 school in accordance with the following transfer 24 provisions: 25 A. The Bossier Parish School Board will, 1 not later than July 14, 1965, mail a copy 2 of this plan to all students, regardless 3 of race or color, presently assigned for 4 the school year 1965-66, to the twelfth 5 grade of any school under its jurisdic- 6 tion in School. District No, 13, advising 7 them that they may, from July 22, 1965, to CA 8 August 5, 1965, apply for transfer and re- 9 assignment to twelfth grade of the former- 10 CI ly all-white or all-Negro school closest 1 1 7, to their place of residence, 12 aW B. Bossier Parish School Board will cause O 13 (if this plan to be published in the 14 Cr for three (3) 150 days, between July 14, 1965 and July 21, 1965, 16 advising persons responsible for pupils z eligible to enter the first grade in School 18 District #13 that applications for assignment 19 ° to the first grade of any school within School 20 District #13 may be made from July 22, 1965 21 to August 5, 1965. 22 C. Each Negro child entering the first 23 grade in School District #13 will report 24 between July 22, 1965 and August 5, 1965, at 25 1 the school named below which is in the vicin- 2 ity of the childs residence at the time; up- 3 on such registration, an application may be 4 made by the parents for the child assignment 5 to the nearest formerly all-white or all-Negro 6 school. 7 1. Butler Elementary School. LO 8o D. Each white child entering the first 90 grade in School District #13 will report 10 1 between July 22, 1965 and August 5, 1965, at the school named below which is in the vicinity of the childs residence at the time; upon such registration, an application may be made by the parents for the childs assignment to the 15% a. nearest formerly all-white or all-Negro school: 16 0 1. Waller Elementary School 17 2. Kerr Elementary School 0 18 3. Central Park Elementary School z 19 2 4. Bossier Elementary School 20 5. Plantation Park School 21 6. Meadowview Elementary School 22 E. Application forms for transfers for 23 twelfth grade students within School District 24 #13 will be made available upon request by the 25 School Board at the School Board office to all 7 ka I-! students affected. Complete detailed in- 1 2 structions as to procedure to be followed 3 in applying for transfers will be furnished 4 with the applications, and complete detail- ed instructions as to procedures to be fol- lowed in applying for transfers for the 71 first grade students will be furnished with the applications at the schools named above 9a in sub-paragraphs C and D. Lut■J 10 F. Transfers or assignments, when re- VI 11 2-, quested, shall be initially made by the of- O 12 fice of the Superintendent of Bossier Parish ,t4 13 schools. No transfer shall be unreasonably denied, nor shall any denial of a request for 14 transfer or assignment be based on race or Ui 150 color. Notice of the action of the office of 16 the Superintendent of Schools on the request L.9 for transfer or assignment shall be mailed in 17 (.; 0 writing to the applicant not later than 18 August 16, 1965. In the event an applicant for 19 transfer or assignment is dissatisfied with 20 the action of the office of Superintendent of schools in denying such application for trans- 21 fer or assignment, then the applicant may re- 22 quest a review of this action by the School 23 Board at any time prior to August 23, 1965, 24 and the applicant shall be notified of the ac- 25 tion of the School Board on or prior to 1 August 27, 165. If such notification is 2 to the effect that the requested transfer 3 or assignment has been denied, specific 4 reasons shall be set forth in the notifica- 5 tion of review; provided, however, that the 6 office of the Superintendent and the School 7Z Board may deny a request for assignment or 80 transfer if such request is not made with- g in the time limits herein specified. In 1 CI determining whether or not a request for 11L. transfer or assignment shall be granted, 12 the office of the Superintendent and the Q 13t School Board may consider the following fac- 14 tors as proper criteria: cc 1.- 150 1. The desire or wishes of the pupil and 16 his parents, or guardian. 0 17 z 2.