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Ji hes

United States Court of Appeals
FOR TH E FOURTH CIRCUIT
—
No. 71-1791

JO H N K. HART,

it

a i. . ,

A ppellants,
v.
COUNTY SCHOOL BOARD OF
ARL1NCTON COUNTY, r r a i. . ,
Appalled.

Appeal from the f Initcd States District Court for the
Pastern District of Virginia at Alexandria

J a mk s H. Si m m o n d k
G r e g o r y FI. E v a n s
1500 North Courtlinu.sc Ktl.
Arlington, Virginia
R. D. Mo Il w a i n u , III
P.O. Box 705
Petersburg, Virginia
Counsel for Appelln t

�TABLE OF CONTENTS

Page
.. 1
.

I s s u e P r e s e n t e d f o r R e v ie w
S t a t e m e n t o f t h e C a s e .........................................................

1

S t a t e m e n t o f t h e F a c t s ...................................................................

3

Ar g u m e n t

The Desegregation Plan Adopted And Put Into Effect By The
Arlington County School Board Is Constitutionally Valid. .......
C o n c l u s io n

............................

_ ......................

C e r t i f i c a t e ...................................

7
26
28

TABLE O F CASES
Adams v. School District No. 5, 444 F.2d 99 (4th Cir., 1971) cert,
denied 404 U.S. 912 (1971) ......._.4, 8, 9, 10, 12, 19, 22, 23, 26
Alexander v. Holmes County Board of Education, 396 U.S. 19
8
(1969) .............
Allen v. Asheville City Board of Education, 434 F.2d 902 (4th Cir.,
1970) .............................. .................... ........................... 17, 19, 20, 25
Bradley v. School Board of City of Richmond, 325 F. Supp. 828
(E.D. Va., 1971) .......
25
Brice v. Landis, 314 F. Sup. 974 (N.D. Cal., 1969) ............ 14, 20, 22
...............

8

Brown v. Board of Education, 349 U.S. 294 (1955) ....................

Brown v. Board of Education, 347 U.S. 483 (1954)

8

Chambers v. Iredell County Board of Education, 423 F.2d 613
(4th Cir., 1970) .......
16, 19, 25
Davis v. Board of School Commissioners of Mobile County, et al.,
402 U.S. 33 (1971) .......................................4, 8, 9, 10, 12, 19, 22

�Page
Felder v. H arnett County Board of Education, 409 F.2d 1070 (4th
Cir., 1969) .................................................
Green v. County School Board of New Kent County, 391 U.S. 430
(1968) .................................
_........................
8, 27
Green v. School Board of City of Roanoke, 316 F.Supp. 6 (W.D.
Va. 1970) __________ ____________________________ ______ 21
Haney v. County Board of Education of Sevier County, 429 F.2d
364 (8th Cir., 1970) ____________ _______________________ 21
Lee v. Macon County Board of Education, 448 F.2d 746 (5th Cir.,
1971) ...............— .........
- ------- ----- ---------- 21
Mims v. Duval County School Board, 329 F. Supp. 123 (M.D.
Fla., 1971) ....................... ....................
23, 24
Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1
(1971) .......
2, 4, 8, 9, 10, 12, 19, 22, 27
Walton v. Nashville, Arkansas, Special School District No. 1, 401
F.2d 137 (8th Cir., 1969) ............................................................ 26
Wanner v. County School Board of Arlington County, 357 F.2d 452
(4th Cir., 1966) ...................
- .............................. .......... 16

United States Court of Appeals
12,19,

22

FOR THE FOURTH CIRCUIT

No. 71-1791
JOHN K. HART,

et al

.,
Appellants,

v.
COUNTY SCHOOL BOARD OF
ARLINGTON COUNTY, e t a l .,

Appellees.
Appeal from the United States District C ourt for the
Eastern District of Virginia a t Alexandria
BRIEF FO R APPELLEES

ISSUE PRESENTED FO R REVIEW

The sole issue presented for review in this case is whether
or not the desegregation plan adopted by the Arlington
County School Board and put into effect in September,
1971, is constitutionally valid.
STATEM ENT OF T H E CASE

On May 6, 1970, plaintiffs initiated this action to complete the elimination of racial segregation in the public
schools of Arlington County (App. 5) .* An answer on behalf
1 All references App. are to pages in the printed appendix.

�2

of the County School Board of Arlington County and the
Division Superintendent of Schools of Arlington County
was timely filed (App. 8-9), and discovery procedures in
volving interrogatories to defendants and requests for the
production of documents were thereafter initiated by the
plaintiffs (App. 1).
On March 5, 1971, a pre-trial conference was held, at
which time a hearing on the merits was scheduled for July
26, 1971 (R. 70).2 The hearing in this case was deliberately
postponed by the District Court to await the decision of the
United States Supreme Court in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, and its companion
cases (App. 10).
On June 28, 1971, the Arlington County School Board
adopted and filed in the District Court its plan for the estab
lishment of a unitary school system throughout the county,
which plan was to be put into effect in September, 1971
(App. 19-28). On the morning of the hearing, plaintiffs
amended their complaint to state their objections to the
plan (App. 6-7, 11), which objections were subsequently
overruled and the school board’s plan approved by the Dis
trict Court in its memorandum opinion and order of August
10, 1971 (App. 10-15). See, 329 F. Supp. 953.
On August 12, 1971, plaintiffs filed in the District Court
their notice of appeal (R. 67) and on August 20, 1971 also
filed an application for injunction pending appeal which
was denied by the District Court the same day. Thereafter,
plaintiffs filed a similar application in this Court, which
application was denied on September 3, 1971. See, Record
in No. 71-1792 (4 Cir., 1971). A further such application
was presented to the Chief Justice of the United States, as
Circuit Justice for the Fourth Circuit, and denied by him on
September 4, 1971. See, No.A-262, 1971 Term.
2 All references R. are to pages in the record.

3
STA TEM EN T OF T H E FACTS

The Arlington County School Division embraces the en
tire county of Arlington and has an area of 25.7 square
miles. It is less than one-half the size of the City of Rich
mond which has an area of 63 square miles, and less than
one-tenth the size of the adjacent county of Fairfax which
has an area of 402 square miles (App. 41).
For the school year 1971-72, the total elementary school
population of the Division was estimated to be 11,233 stu
dents, of which number 9,983 were white and 1,250 were
Negro. Thus the racial ratio in the elementary schools was
89% white and 11% black (App. 15, 22), which ratio is
substantially identical to that for the preceding years. See,
Answers to Interrogatories (R. 19).
At the beginning of the 1969-70 school year, the high
schools and junior high schools of the county had been de
segregated, while the elementary schools were being operated
on the basis of geographic attendance zones established for
each school. Under this arrangement, two of the twentynine elementary schools in the system—Drew and HoffmanBoston—were attended solely by Negro students, as the
geographical boundaries of those schools encompassed allNegro residential areas, while eleven of the twenty-nine were
attended by all, or virtually all, white students (App. 15, 35,
42). The Hoffman-Boston school also housed seventh grade
students, of which some 70% were white students bussed in
from other districts in the county (App. 42). On December
18, 1969, the school board adopted a resolution directing
the Division Superintendent and his staff to prepare a staff
study of the various alternatives available for desegregating
the Drew Elementary School (App. 29-30). This resolution
suggested consultation with appropriate federal agencies, a
step which had already been taken by the Division Superin-

�4

5

tendent who (1) had discussed the matter generally with
representatives of the Department of Health, Education and
Welfare (HEW) earlier in the month (2) had caused data
requested by HEW to be compiled by his staff and sub
mitted and (3) was awaiting return of specific suggestions
from HEW for consideration by his staff and the school
board (App. 43). In the interim, the Division Superintend
ent directed his research department to begin its own study
of the problem in line with the school board’s resolution
(App. 43).
No response was ever received from HEW, and shortly
after the research department had assembled its own data
and begun a consideration of alternatives, the instant suit
was filed (App. 44). Thereafter, the school board was ad
vised of the pendency of the Charlotte-Mecklenburg litiga
tion which would in all probability shed light on the prob
lem the board was considering, and the board decided to
await the outcome of that litigation before determining the
method of desegregating Drew Elementary School (App.
44). No attempt was made by the plaintiffs to seek a hear
ing of this matter for the 1970-71 school year.
On April 20, 1971, the Swann case was decided. There
after the school board and its staff returned to a consider
ation of the Drew school situation, but this time did so in
the larger context of establishing a unitary school system
throughout the county in compliance with Swann (App.
44). On June 10, 1971, while these deliberations were going
on, this Court decided a series of cases under the style of
Adams v. School District No. 5, Orangeburg Co., S.C., 444
F.2d 99, specifically emphasizing for district courts and
school boards various aspects of Swann and Davis v. Board
of School Commissioners of Mobile County, 401 U.S. 33.
Some two weeks after Adams, the school board adopted and

filed in the District Court its plan for the operation of a
unitary system in Arlington County (App. 19).
As stated by the Division Superintendent, the purposes of
the school board’s plan were “first of all, primarily to elimi
nate all vestiges of a dual system, to move to establish a true
unitary system throughout the county, to provide and to
establish racial balanced schools, and I think, then, to get
on with the primary purpose of the school system which is
the education of young people.” (App. 40). These objec
tives would be accomplished by converting both the Drew
and Hoffman-Boston schools to specialized pre-kindergarten
and kindergarten facilities. In addition, the Drew school
would also house an experimental model elementary school
to be conducted on an integrated basis and utilizing imagi
native new approaches to elementary education, as well as
for adult education and other school programs. The Hoff
man-Boston school would also be utilized, as in previous
years, for the integrated seventh grade of the Thomas Jeffer
son Junior High School (App. 10, 19-20). Former Drew
and Hoffman-Boston students in grades one through six
would be assigned to other elementary schools in the county
in accordance with the following criteria (App. 21):
A. The added students would not cause the receiving
school to have an enrollment exceeding its established
rated capacity by more than 5%,
B. The ratio of black to white pupils in each school
would be as close to 11 % as practical, within a range of
7% to 15%, with the exception of four elementary
schools whose current enrollment already exceeded
15% (i.e. 18% to 22%).
C. Family groupings would be taken into account in
assignments to a particular school, so that family units
would not be broken up.
D. Transportation would be provided as needed.

�6
Under the school board’s plan, all one-race schools in
Arlington County are eliminated—there remain no one-race
white schools and no one-race black schools. Moreover, stu
dents advancing from an elementary school will attend the
junior high school serving that elementary school and, in
turn, will advance to the high school serving that particu
lar junior high school (App. 20, 24). This feeder system
insures that for the 1971-72 school year, and for every school
year thereafter, every child in Arlington county will receive
his elementary and secondary education in an integrated
facility (App. 39-40). In addition, nineteen of the twentythree elementary schools affected by the plan will have racial
ratios which fall within the 7% to 15% range established
by the board as a target deviation from the 11% racial
ratio of the system as a whole (App. 15, 22). Indeed, seven
teen of these nineteen schools fall within one percent of the
11% racial ratio in the system as a whole (App. 15). Finally,
faculty desegregation is achieved by establishing a ratio in
each school as close to the ratio of black to white teachers
in the school system as a whole, as is practical (App. 25).
In no case is there more than a 4% deviation from the sys
tem wide ratio (App. 25).
The longest bus ride (in terms of lapsed time) for the
former Drew and HofTman-Boston pupils is 29 minutes,
while the average bus ride for such children is 22 minutes
(App. 12, 40-41). Similarly, the average bus ride for ele
mentary children in the system as a whole is also 22 minutes
(App. 41). The additional transportation costs involved in
the school board’s plan is approximately $11,000 per year.
Adoption of an alternate plan to achieve the same degree of
integration would involve busing 90% of the Drew and
Hoffman-Boston students to other schools and replacing
them with an equivalent number of white students from
other schools and would entail an initial cost of $206,000

7
and an additional cost of $130,000 per year thereafter for
transportation. Thirteen new buses, plus drivers, would be
required for such an alternative “90% out 90% in” plan
(App. 12, 45-48). See also, Brief for the Appellants, p. 17.
No alternate plan submitted by the plaintiffs would elimi
nate all one-race schools in the county, nor achieve as much
actual desegregation as the school board’s plan (App. 50,
64).
ARGUM ENT
The Desegregation Plan Adopted And Put Into Effect By The
Arlington County School Board Is Constitutionally Valid.

Plaintiffs in the case at bar are Negro children who had
been assigned to the Drew Elementary School when this
suit was instituted and the parents or guardians of such chil
dren. Asserting that all, or virtually all, of the pupils assigned
to the Drew Elementary School were Negroes, plaintiffs
alleged that the Arlington County School Board had failed
to adopt and execute a plan “to completely convert said
public school system to a unitary non-racial system.” (App.
4). (Emphasis supplied.) They sought an order from the
District Court requiring the defendant school board “to
adopt and forthwith implement” such a plan (App. 5).
Even before this suit was filed, the school board had been
aware of the Drew situation and had, by formal resolution,
directed a staff study to be made of various alternatives for
desegregating the Drew School. This resolution, however,
did not specifically embrace the Hoffman-Boston Elemen
tary School, the only other all-Negro school in the county,
nor did it envision the desegregation of the eleven all-white,
or virtually all-white, elementary schools in the county
school system.
After the study contemplated by the resolution had been
initiated and prior to the date set by the District Court for a

�9

8
hearing of this matter (July 26, 1971), the Supreme Court
decided the Swann and Davis cases, supra, (April 20, 1971),
and this Court decided the Adams cases, supra, (June 10,
1971). Because of the existence of Adams, no independent
analysis need now be made of Swann and Davis, nor of their
progenitors, Brown, Green and Alexander,3 In Adams, this
Court remanded a series of school desegregation cases to
their respective district courts with instructions to receive
from the various school boards “new plans” which would
give effect to Swann and Davis. Id., at 100. During the
course of its opinion, this Court spelled out what is now
required of district courts and school authorities in the fol
lowing explicit language (444 F. 2d at 100-101):
“It is now clear, we think, that in school systems that
have previously been operated separately as to the races
by reason of state action, “the district judge or school
authorities should make every effort to achieve the
greatest possible degree of actual desegregation, taking
into account the practicalities of the situation.” Davis,
supra at
91 S.Ct. at 1292. We remand these cases
because the respective district judges did not have the
benefit of the Supreme Court mandate that adequate
consideration be given “to the possible me of bus trans
portation and split zoning.” Davis, supra at ..... , 91
S.Ct. at 1292. Wherever schools are “all or predomi
nately of one race in a district of mixed population
(there will be required) close scrutiny to determine
that school assignments are not part of state-enforced
segregation.” Swann, supra a t ..... , 91 S.Ct. at 1281.
Although the existence of “some small number of onerace, or virtually one-race, schools within a district is
not in and of itself the mark of a system which still
3 Brown v. Board of Education, 347 U.S. 483 (1954) 349 U.S. 294
(1955); Green v. County School Board of New Kent County, 391
U.S. 430 (1968); Alexander v. Holmes County Board of Education,
396 U.S. 19 (1969).

L

practices segregation by law,” Swann, supra a t ..... , 91
S.Ct. at 1281, both the school authority and the district
judge must nevertheless be concerned with the elimi
nation of one-race schools.
*

*

*

The school authorities and the district court should
consider the use of all techniques for desegregation, in
cluding pairing or grouping of schools, noncontiguous
attendance zones, restructuring of grade levels, and the
transportation of pupils.” (Italics supplied.)
Emphasizing the imperative nature of the commands itali
cized above was (1) the specific authorization conferred
upon district courts to employ independent educational
experts at the expense of any local school board which sub
mitted a plan that did not comply “with the directions set
forth in this opinion . . .” and (2) the requirement that any
district court which approved a plan achieving less actual
desegregation than would be achieved under an alternative
plan must find facts that made impracticable the achieving
of a greater degree of integration “especially if there remain
any schools all or predominantly of one race.” Id., at 101.
(Emphasis supplied.)
With the prescriptions of Swann and Davis thus focused
in the commands of Adams, it was obvious that any plan for
the establishment of a unitary school system in Arlington
County which contemplated the desegregation of Drew
School only—and which left another elementary school
with an all-Negro student body and eleven other elementary
schools with all-white, or virtually all-white, student bodies
—could not possibly survive judicial appraisal. If a unitary
system was to be established, all of the elementary schools
comprising that system would have to be considered and
desegregated if reasonably possible. Contrary to appellants’

�10

11

assertion, this was not a “self-imposed objective” of the
defendant school board; it was a judicially imposed impera
tive. See, Brief for the Appellants, p. 16. The command that
the Arlington County School Board must “be concerned
with the elimination of one-race schools” could hardly be
complied with merely by passing a resolution expressing
such concern and taking no other action, especially when the
elimination of all one-race schools in the county was not only
possible, but feasible. Adams, supra, at 101.
In this setting, the school board adopted and submitted to
the District Court a plan which (1) achieved the greatest
possible degree of actual desegregation, taking into account
the practicalities of the situation (2) eliminated all one-race
schools, both white and Negro (3) insured that every child
in the Arlington school system will receive both his elemen
tary and secondary education in an integrated facility (4)
established in substantially all of the elementary schools a
student racial ratio which reflects the racial ratio of the
system as a whole (5) racially balanced the faculties in each
elementary school in the county so that the ratio of white to
black faculty members in each school is substantially the
same as the ratio of white to black faculty members in the
system as a whole and (6) established in Arlington County
a unitary school system which has neither “white” schools
nor “black” schools—just schools.
Achievement of the above stated objectives in compliance
with the prescriptions of Swann and Davis and the com
mands of Adams was possible in only two ways. One method
—that adopted by the school board—entailed the conversion
of the Drew and Hoffman-Boston schools from traditional
elementary facilities to other educational programs and the
establishment within the all-Negro geographic areas of those
schools of a series of “satellite” zones by which elementary

pupils formerly assigned to Drew and Hoffman-Boston
would be assigned to various all-white, or predominantly
white, schools in the county in accordance with criteria
which would not only integrate every elementary school in
the system, but would indeed racially balance substantially
all of such schools. Bus transportation would be provided by
the school board for all the pupils thus reassigned, 704 in
number, and no such pupil would be required to be bused
for as much as one-half hour to reach his newly assigned
school. Indeed, since Arlington County is only seven miles
long and slightly more than three miles wide, the average
bus ride for such children would be the same as that for ele
mentary pupils in the county generally. Care was taken to
insure that no family groups would be disturbed by the new
plan, and a feeder system was adopted to insure that the
racial balance achieved in the elementary schools would be
preserved, and even heightened, over the years.
No overcrowding results under the school board’s plan,
and the additional transportation cost incurred would be
approximately $11,000 per year. In addition, the plan en
ables the school board to utilize the existing Drew and
Hoffman-Boston facilities for other innovative and highly
desirable educational programs designed to increase the
already outstanding excellence of the Arlington school sys
tem. In this connection, it should be emphasized that the
Drew and Hoffman-Boston schools are not being closed or
removed from the public school system or converted to
administrative or non-educational uses. On the contrary,
these facilities have been reprogrammed under the school
board’s plan to serve exclusively educational functions in
the emerging fields of pre-kindergarten instruction for chil
dren three and four years of age, model elementary school
experimentation in ungraded education and for adult edu-

�12

13

cation. In this setting, appellants’ assertion that the school
board’s plan must be examined as if the Drew school was
being “used to store furniture” is surely wide of the mark.
See, Brief for the Appellants, p. 24.
Essentially the school board’s plan for establishing a uni
tary system of elementary schools in Arlington County tracks
that utilized for the junior high schools in the CharlotteMecklenburg school system in Swann, which was subse
quently approved by this Court and the Supreme Court. As
stated by the Supreme Court (402 U.S., at 9 ):

and replacing them with an equal number of white students
drawn from the various predominantly white schools in the
county. Mathematically, such a plan would require (a) re
moving 102 of the 114 Negro elementary pupils at HoflmanBoston, leaving 12 Negro pupils there to be joined by 102
replacement white students from other schools in the county
and (b) removing 530 of the 590 Negro elementary pupils
at Drew, leaving 60 Negro pupils there to be joined by
530 replacement white students also drawn from other
schools throughout the county. Such a plan (1) would sub
stantially double the amount of busing necessary to achieve
a unitary system (2) would entail an initial expenditure of
$206,000 (including thirteen new buses) for the first year
and an expenditure of $130,000 per year thereafter and
(3) would, by unnecessarily continuing Drew and HoffmanBoston as traditional elementary schools, deprive the school
board of facilities for its pre-kindergarten, model elemen
tary school and adult education programs.
By contrast to the plans described above, it is manifest
at a glance that neither of the plans espoused by the appel
lants in their brief even remotely approaches compliance
with the controlling constitutional requirements. See, Brief
for the Appellants, Appendix A. The first of these plans en
visions the desegregation of Drew School by pairing or
clustering it with five other elementary schools in the vi
cinity, and is based upon a working paper prepared by the
staff of the defendant school board pursuant to the resolu
tion previously mentioned. While the plan effectively de
segregates the Drew school, it falls far short of establishing a
unitary school system in Arlington County. Under this plan,
the elementary portion of the Hoffman-Boston school re
mains an all-Negro facility, while four other schools in the
county (Custis, Jamestown, Madison and Woodmont) re-

“The Finger plan for the junior high schools employed
much of the rezoning plan of the board, combined with
the creation of nine “satellite” zones. Under the satel
lite plan, inner-city Negro students were assigned by
attendance zones to nine outlying predominantly white
junior high schools, thereby substantially desegregating
every junior high school in the system." (Italics sup
plied. )
In addition, the feeder system aspect of the school board’s
plan (1) counters the specific objection expressed by this
Court in Felder v. Harnett County Board of Education, 409
F. 2d 1070, 1075 (4 Cir., 1969) that the plan there under
consideration did “not eliminate the possibility that what
ever feeder system is adopted to effect this transition will not
recreate a dual system at the high school level” and (2)
further evidences the school board’s awareness of, and intent
to comply with, the teachings of the decisions of this Court
in school desegregation cases.
The only other plan which would achieve the results of
the school board’s plan and honor the prescriptions of
Swann and Davis, as well as the command of Adams, would
be one which entailed assigning 90% of the black students
in Drew and Hoffman-Boston to other schools in the county

�14

15

main all white, five other schools (Barcroft, Jackson, Nott
ingham, Page and Tuckahoe) remain 99% white and two
schools (Key and Maury) remain 98% white. Thus, twelve
of the twenty-nine elementary schools in the county would
remain one-race, or virtually one-race, schools under this
plan (App. 16,38-39).
The appellants’ suggested plan for the desegregation of
Hoffman-Boston is even more inadequate. It is the result
of “hasty preparation” by Mr. Richardson, a witness for
the plaintiffs, and manifestly represents an effort to bring
this case within the scope of Brice v. Landis, 314 F. Supp.
974 (W.D. Cal. 1969) by attempting to show that a reason
able alternative to the school board’s plan exists. It contem
plates pairing Hoffman-Boston with three other elementary
schools in the vicinity. While effectively desegregating the
Hoffman-Boston Elementary School and the previously allwhite Custis Elementary School, it makes no provision for
the Drew school which would remain all-black, nor for ten
of the eleven all-white, or virtually all-white, elementary
schools mentioned in the preceding paragraph, which
schools would retain their 98-100% white status (App. 17,
62-63).
Moreover, utilization of both of these plans simultaneously
would not discharge the school board’s obligation to establish
a unitary system. Combination of the appellants’ suggested
plans would indeed eliminate all one-race black schools;
however over one-third (ten of twenty-nine) of the county’s
elementary schools would still remain 98-100% white. And
no racial balancing of the county’s elementary schools would
even be attempted, much less achieved. Obviously, even
if combined, the plans which appellants put forth as alter
natives to the school board’s plan (1) would not achieve
a unitary system (2) would not eliminate all one-race,

or virtually one-race, schools (3) would not achieve the
greatest possible degree of actual desegregation taking into
account the practicalities of the situation and, accordingly,
would not honor the prescriptions of Swann and Davis
nor comply with the commands of Adams. It is also inter
esting to note that 1,664 pupils would be bused under
these alternative plans which do not meet constitutional
standards, while only 704 pupils would be bused under the
school board’s plan which does meet these standards. If the
defendant school board had adopted both of the appellants’
suggested alternatives, we submit that it would have been
required, as were the various school boards in Adams, to
prepare a “new” plan which would “give effect to Swann
and Davis'" by according adequate consideration to the “use
of bus transportation and split zoning.” Adams, supra, at
100- 101.

In light of the legal deficiencies in the appellants’ suggested
alternatives and the demonstrated drawbacks of the “90%
out 90% in” plan, it is difficult to conceive how the plan
adopted by the school board can be said to be invidiously
discriminatory. In this connection, certain aspects of the
case at bar must be emphasized. First, this case does not
involve the closing of any school, merely the conversion of
facilities from one type of educational program to another.
Second, this case does not involve even a suggestion of “white
flight,” and neither that term nor that concept was ever
mentioned by any party at any point in these proceedings.
Third, this case does not involve any reluctance on the part
of the school board to assign and bus white children to
formerly all-black schools located in all, or predominantly,
Negro neighborhoods. On the contrary, the record discloses
that a majority (70%) of white students have for years
been transported to the formerly all-black Hoffman-Boston

�16

17

Junior High School (Jefferson Annex) located in that com
pletely Negro residential area (App. 42). See, Wanner v.
County School Board of Arlington County, 357 F. 2d 452,
456 ( 4 Cir., 1966). Moreover, the plan adopted by the
School Board envisioned the enrollment of a majority of
white students in the model elementary school to be housed
in the converted Drew facility which is located in an allNegro residential area, and that feature of the school board’s
plan is even now in effect. See, Brief for the Appellants, p. 7.
Significant in this context, is the decision of this Court in
Chambers v. Iredell County Board of Education, 423 F.2d
613 (4th Cir., 1970). Under consideration in that case was a
school desegregation plan in which one school, Unity School,
remained all black with 285 students. That facility was to be
replaced the following school year by a new school which
was then under construction. When completed, the new
facility would absorb Unity’s 285 black students and some
475 white students from three other schools, at which time
the formerly all-black Unity School would be closed. Plain
tiffs there alleged that the decision to close Unity was racially
motivated “because it arose out of a disinclination to put
white pupils into a previously all-black school.” Id., at 616.
Rejecting this contention, this Court stated (423 F.2d at
616):

school is not indicative of racial motivation when a school
board has integrated another previously all-black school in
the same system, then the mere conversion of a previously
all-black school to a different educational program and the
enrollment of a majority of white students in that identical
facility, coupled with the previous assignment of a majority
of white students to another formerly all-black school, can
not be said to be racially motivated.
Even more nearly in point and controlling is the decision
of this Court in Allen v. Asheville City Board of Education,
434 F.2d 902 (4th Cir., 1970). In that case, the Asheville
School Board decided that it was necessary to close two
formerly all-black elementary schools and one formerly allwhite elementary school to achieve racial balance. After
plaintiffs objected to the proposed plan on the basis of the
closing of the two all-black schools, the school board modi
fied the plan to provide for the continued operation of the
formerly all-white school, with the two formerly all-black
schools remaining closed. During the course of its opinion,
this Court stated the plaintiffs’ objection to the plan and the
reason therefore in the following language (434 F.2d at 905,
906):

“This contention is not persuasive in light of the fact
that the school board has already integrated Amity
School, which was previously all-black and is now twothirds white. There appears to be no pattern of simply
closing black schools because they have been black.”
Similarly, in the case at bar, the Arlington County School
Board long ago integrated the Hoffman-Boston Junior High
School “which was previously all-black and is now twothirds white.” We submit that if the closing of an all-black

“Able counsel for plaintiffs are unable to fault the
Board’s plan other than a complaint with respect to the
closing of two previously all-black schools and the im
pact of their closing, in the context of the rest of the
plan, upon black students.
*

*

*

“Plaintiffs insist, however, that the school board’s true
reason for selection is undisclosed and is simply its ‘re
luctance to send primary grade white children into
traditionally all-black schools located in all-black neigh
borhoods.’ ”

�18

19

Rejecting plaintiffs’ contention that the Asheville School
Board had unfairly discriminated against black students in
the closing of the two schools there in question, this Court
enunciated the following principles governing such situ
ations (434 F.2d at 905, 906):

elementary schools, or if they were reconstituted as such, 90
percent of the black students formerly in each school would
have to be moved out into other schools and this 90 percent
replaced by white students. Moreover, the purpose of the
school board’s plan here is not merely to implement the
Brown I I principle, but also to implement Swann, Davis
and Adams. That the plan “effectively achieves that end”
is acknowledged even by the appellants. See, Brief for the
Appellants, p. 19. In addition, the school board’s plan is the
only demonstrably rational and practical plan that will
comply with the requirements of Swann, Davis and Adams.
In Chambers, this Court expressed doubt that many
school systems had achieved a higher degree of integration
than then prevailed in Iredell County. Subsequently, in
Allen, this Court stated that Asheville was “at or near the
pinnacle of arithmetical desegregation in America.” Id., at
903. So far as we are aware, Asheville is still near the pin
nacle of arithmetical desegregation in America; however,
we submit that at the pinnacle of arithmetical desegregation
in America is Arlington County. Here again, it should be
pointed out that this distinction was achieved without closing
any school, while in the Chambers and Allen cases, the all
black facilities there under consideration were selected “for
extinction” and were removed from the public school system.
Allen v. Asheville City Board of Education, supra, at 905.
None of the cases relied upon by appellants derogates
from the principles enunciated in the Chambers and Allen
cases. In Felder v. Harnett County Board of Education,
supra, the basis of this Court’s decision was the complete
failure of the school board to disestablish an entrenched
dual school system in which only 4.3% of the black children
were attending previously all white schools. Moreover, in
that case there was not the slightest assurance of achieving

In the first place, we think the mechanics of integra
tion, where the purpose is obviously to implement the
Brown I I principle and effectively achieves that end, is
ordinarily a matter within the discretion of school ad
ministrators. The question is not whether we might have
selected different schools for extinction, nor even
whether substantial evidence supports the Board’s deci
sion, but is instead whether the Board’s decision is so
plainly unfair thatit clearlyamounts toinvidious dis
crimination in violationof the equal protectionclause.
*

*

*

.. . Moreover, the situation of which plaintiffs complain
cannot possibly be changed except at the cost of in
creasing the transportation of pupils approximately 40
percent. This is so because if the two black schools that
have been closed were reopened, 70 percent of the black
students formerly in each school would have to be
moved out into other schools and this 70 percent re
placed by white students.
*

*

*

It is urged upon us that even so, both schools that
were closed are newer and physically better than most
of the other schools retained. We agree that this is a
relevant factor. But neither alone nor in context does it
establish invidious discrimination. Such a factor is only
one of many that enter into a school closing decision.
We repeat that we do not sit to review state adminis
trative decisions beyond the very limited reach of the
Constitution. (Italics supplied.)
Similarly, in the case at bar, as previously pointed out, if
Drew and Hoffman-Boston had been retained as traditional

�20
a unitary school system and the selection of the schools for
closing was therefore suspect. See, Allen, supra at 906.
In Green v. School Board of City of Roanoke, 316 F.
Supp. 6 (W.D. Va. 1970), the closing of the formerly all
black high school there under consideration would have
caused overcrowding in the three remaining predominantly
white high schools in the city. In the face of this circum
stance, no adequate reason was advanced by the school
board, in terms of its desegregation plan or otherwise, to
justify discontinuance of the school in question.
Brice v. Landis, 314 F. Supp. 974 (N.D. Cal. 1969) states
nothing to the contrary. In that case, the closing of a 99%
black school pursuant to the school board’s plan would have
resulted in overcrowded classes and distorted pupil-teacher
ratios at the three remaining predominantly white schools
in the system. Id., at 977. Other “options, alternatives and
courses of action” were available to the school board. Id., at
978. Pointing out that a particular desegregation plan “when
not reasonably required under the circumstances” could be
discriminatory, the District Court observed (314 F. Supp. at
978):
“Whether the plan, as here presented, is a good faith,
reasonably adequate implementation of constitutional
principles involved, must be determined in the light,
among other things, of the alternative options and
courses of action available to the District.” (Italics
supplied.)
Commenting upon this decision in Allen, supra, this Court
succinctly stated (434 F.2d at 907):
“We are advertent to Brice v. Landis (N.D. Cal.,
Aug. 8, 1969), 314 F.Supp. 974, which held on the
peculiar facts of the case that the closing of a Negro
school was invidiously discriminatory and subject to in-

21
junction. We think it means no more than that and
agree there may be such a case, but think it is not this
one. If it is read to imply that it is ordinarily for the
district courts to determine which schools shall be closed
rather than for the school board, we reject the propo
sition.” (Italics supplied.)
Even less apposite is Lee v. Macon County Board of Edu
cation, 448 F. 2d 746 (5 Cir., 1971). In that case, the Court
of Appeals for the Fifth Circuit reversed a decree of the
district court which would have had the effect of leaving
over 45% of the school district’s Negro students in all-black,
or virtually all-black, schools. Id., at 748, 753. Moreover,
the justification advanced by the school board for the pro
posed closing of two formerly all-black schools was (1) that
whites would resist going to school in facilities formerly used
by blacks, and (2) that otherwise white students would flee
the school system altogether. Id., at 750, 754. In light of
these circumstances, the Court of Appeals directed the dis
trict court to require the school board “forthwith to consti
tute and implement a student assignment plan that complies
with the principles established in Swann v. Charlotte-Mecklenburg Board of Education.” Id., at 753. In short, Lee is a
school closing, racially motivated, white-flight, non-unitary,
non-Swann school desegregation case. Not one of the abovelisted considerations obtains in the case at bar.
Haney v. County Board of Education of Sevier County,
429 F. 2d 364 (8 Cir., 1970) is equally inapplicable. In that
case, the district court decreed the annexation of a small all
black school district in the county by a larger all-white
school district and, in addition, decreed that the facilities
of the larger all-white school district would be utilized and,
only if these facilities proved inadequate, would those of the
formerly all-Negro district be used. There was nothing in the
record to explain the closing of the facilities formerly used

�22

23

for the instruction of black students. After referring to this
Court’s decision in the Felder case and Brice v. Landis,
supra, the Court of Appeals observed (429 F.2d at 372):

meet the prescribed constitutional standards. See Brief for
the Appellants, p. 17; Brief for Amici Curiae, p. 16. How
ever, both are careful to avoid stating that there “is” such a
plan or informing this Court of the details, or even the
outlines, of such other plan. The reason for this equivocation
is quite obvious—both appellants and amici know full well
that there is no plan other than that adopted by the school
board which rationally and practically accomplishes what
this Court said in Adams must be done.
The assertion that the school board’s plan unfairly bur
dens the Negro students of Drew and Hoffman-Boston will
not bear scrutiny. For years pupils at these schools have
attended a “walk-in” facility and have not been required to
be bused (App. 48-49). If attendance at a “walk-in” fa
cility can be deemed a convenience, it is one which these
students have enjoyed for years while thousands of other
children in Arlington County have been bused (App. 13).
To require them at this late date to forego this convenience
so that a racially balanced, unitary school system can be
established can hardly be considered unfair. This, we sub
mit, is especially true when one remembers that the bus ride
they are asked to take is, on the average, only ten minutes
longer than the time it would take them to walk to the
Drew and Hoffman-Boston facilities, and the walk to those
facilities had to be made in all weather conditions through
out the school year (App. 39). Finally, while the Drew and
Hoffman-Boston students are now bused to other schools,
over 40% of the Negro elementary students in Arlington
County still attend their neighborhood schools (App. 15).
In Allen, a similar contention was rejected by this Court
in language subsequently deemed controlling and quoted at
length in Mims v. Duval County School Board, 329 F. Supp.
123 (M.D. Fla., 1971). In Mims, approving a desegregation

“The matter of utilization of available facilities is with
in the province and discretion of the school board.
There is a statement in the record that the class rooms
of the former Sevier District are not of sufficient size to
meet current state standards. These details, of course,
are subject to many variations and much can be done
within the existing framework of operation to suffi
ciently utilize existing facilities. This is not a matter for
court consideration but rather should be resolved on
some rational non-discriminatory basis by the local
school board.” (Italics supplied.)
Throughout their briefs, both appellants and amici curiae
make only glancing references to Swann, pay no respect to
Adams and do not even mention Davis at all. Indeed, refer
ence is made to Adams only for its one line affirmance of
the district court’s retention of the Addison School in Roan
oke; so far as appellants and amici are concerned, the rest
of what this Court said in Adams does not even exist. Thus
do they seek to avoid any consideration whatever of the
school board’s clear obligation to eliminate one-race schools
and achieve the greatest possible degree of actual desegre
gation as required by Swann, Davis and Adams. Thus, too,
do they seek to insinuate that the school board in this case
can get by with something less than full compliance with the
commands of these decisions, even though full compliance
can be had, as demonstrated by the plan which the school
board adopted and put into effect last September and which
this Court and the Chief Justice of the United States refused
to enjoin.
In addition, both appellants and amici persist in pressing
the illusion that there “may” be other plans which would

�24
plan which involved the closing of seven black elementary
schools, the district court observed (329 F. Supp. at 132133):
“In their second argument plaintiffs seek to have this
Court require the School Board to bus white children
to the core city for all elementary grades, not just to
sixth grade centers, so to achieve equal busing of the
races. The United States Court of Appeals for the
Fourth Circuit resolved the same argument in Allen v.
Asheville City Board of Education [434 F.2d 902, 907
(4 Cir., 1970)] with these words:
We are asked to decide whether the district court, in
approving the plan, unconstitutionally placed ‘the
burden of desegregation’ upon black pupils in the
school system. It is urged upon us that the plan ap
proved by the district court ‘places an unfair, racially
discriminatory burden upon black children’ in that
black children in grades 1 through 5 who previously
attended all-black Livingston and Herring Elemen
tary Schools will be required to travel as much as five
or six miles in order to attend previously all-white
schools. This is said to be an unfair allocation of the
‘burden’ of integration, and it is suggested that the
Constitution requires that an equivalent number or
proportion of white children in the same grades be
required to travel an equivalent distance to enter
schools outside their previous attendance zones.
We hold that such a pattern of assignment imple
mented by free school bus transportation does not
violate the equal protection clause of the Fourteenth
Amendment.
The rationale in the Second Circuit is essentially the
same. In Norwalk Core v. Norwalk Board of Education,
[423 F.2d 121, 124 (2 Cir., 1970)] the Court noted:
Plaintiffs would eliminate what they call unequal
treatment by having, in effect, one white child bussed

25
out of his neighborhood for every black child bussed
out of his—in other words, deprive as many whites of
neighborhood advantages as blacks are deprived by
being bussed to schools predominantly white. But the
problem is not as simple as a one black, one white
ratio. It is a question of the Board, with the facilities
available having ‘acted in the utmost good faith, in a
nonarbitrary and deliberate manner, in order both to
insure racial balance and to provide high quality
education.’ * * *”
Nor will it do to assert that the school board’s plan sug
gests to black children that it would be dangerous if “blacks
make up more than 15% of the enrollment of any school.”
See, Brief for the Appellants, p. 15. This assertion is instantly
blunted by the fact that four elementary schools in Arling
ton County already had black students in excess of 15%
when the school board’s plan was adopted. Moreover, the
alternative arrangements for the Drew school espoused in
plaintiffs’ brief would limit black enrollment to 21% in each
of the schools affected. Does this arrangement suggest that
any number of black students in excess of 21 % in any school
is dangerous? Was any such message explicit or implicit in
the racially balanced plans approved by this Court in
Chambers and Allen? Neither, we submit, does the plan
adopted by the school board in the case at bar carry such
an inference.
It is, of course, primarily the obligation of the school board
to frame and put into effect a plan which establishes a uni
tary school system, and, as pointed out in Davis, supra at 37,
the “measure of any desegregation plan is its effectiveness.”
From Brown II to Adams, the decisions confirming this
principle have been legion and consistent. As stated in Brad
ley v. School Board of City of Richmond, 325 F. Supp. 828,
832-833 (E.D.Va. 1971):

�26
“A second principle guiding the Court—almost as ob
vious as the doctrine of precedent—is that it is primarily
the School Board’s duty to run the schools, and not this
Court’s nor the plaintiffs’ . . . Because both expertise
and responsibility are the School Board’s, it is to their
proposals that courts look first for a legally sufficient
plan. . . . When they assume the ‘responsibility which
Brown II placed squarely on the School Board,’ Id.,
442, 88 S. Ct. 1696, courts will not presume to dictate a
selection between equally effective desegregation
plans.” Wanner v. County School Board of Arlington
County, 357 F. 2d 452, 436 (4th Cir. 1966). (Italics
supplied.)
Echoing these observations are those of Judge Bryan in his
special concurring opinion in Adams, supra, at 102:
“. . . I think the only pattern the school authorities and
the Courts must observe is one honoring the prescrip
tions of Swann and Davis. So long as it is in keeping
with these decisions, my understanding is that formu
lation of a plan is entrusted to the discretion of the
school authorities . . . ” (Italics supplied.)
We submit that in the case at bar the obligation resting upon
the Arlington County School Board has been fully dis
charged by the adoption of a desegregation plan which
honors the prescriptions of Swann and Davis, complies with
the commands of Adams, and is therefore constitutionally
valid.
CONCLUSION

In Walton v. Nashville, Arkansas, Special School District
No. 1, 401 F. 2d 137, 144 (8 Cir., 1969), Judge Blackmun,
speaking for a court which sustained the non-reemployment
of certain Negro teachers in a school desegregation case,
made the following observations:

27
“We are conscious in this case, as we have been in
earlier ones, that the process of school integration is not
easy and that there will be hurts and disappointments
as integration is accomplished. Certainly, under the
precepts of the Brown decisions, it has been too long
delayed at Nashville. But we are told that it has now
been fully accomplished there. That fact should be a
source of satisfaction for all citizens, white as well as
black.” (Italics supplied.)
In the case at bar, this Court is also informed that inte
gration has now been fully accomplished in Arlington Coun
ty. It is so informed by the plan itself, which is currently
before this Court and was adopted to carry out the following
policy of the school board (App. 40):
“The purposes that the board had was, first of all, pri
marily to eliminate all vestiges of a dual system, to
move to establish a true unitary system throughout the
county, to provide and to establish racial balanced
schools, and I think, then, to get on with the primary
purpose of the school system which is the education of
young people.”
It is similarly informed by the appellants who admit that
the plan is one “which unquestionably does away with the
last vestiges of school segregation remaining from the legis
latively imposed dual school system” and who further ac
knowledge that it “is undisputed that the Arlington School
Board has put into effect a plan that fully complies with the
primary mandates laid down in” Brown, Green and Swann.
See, Brief for the Appellants, pp. 1,9.
Finally, this Court is so informed by the District Court in
the following language of its opinion, 329 F. Supp. at 955956 (App. 14):
“The Arlington County School Board has now fully
complied with the Supreme Court decision in Brown I

�28
—A unitary school system as required by Green and
Alexander has been established—Arlington will have
neither black nor white schools—just schools.”
In light of the foregoing, and for the reason heretofore
stated, we submit that the decision of the Distirct Court is
clearly correct and should be affirmed.
Respectfully submitted,
Jam es H. Simmonds
G r e g o r y U. E v a n s

1500 North Courthouse Road
Arlington, Virginia
R. D. McIlwaine, III

P.O. Box 705
Petersburg, Virginia
Counsel for Appellees
CERTIFICATE

I certify that two copies of the within brief for appellees
were mailed, with first class postage prepaid, to S. W.
Tucker, Esquire, 214 East Clay Street, Richmond, Virginia
23219; to Robert M. Alexander, Esquire, 2011 South Glebe
Road, Arlington, Virginia 22204; to Allison W. Brown, Jr.,
Esquire, Suite 501, 1424 Sixteenth Street, N.W., Washing
ton, D.C. 20036; to Lawrence J. Latto, Esquire, 734 Fif
teenth Street, N.W., Washington, D.C. 20005; and to Jack
Greenburg, Esquire, Suite 2030, 10 Columbus Circle, New
York, New York 10010, counsel for plaintiffs; and to William
H. Allen, Esquire, and John B. Jones, Jr., Esquire, 888 Six
teenth Street, N.W., Washington, D.C. 20006, counsel for
amici curiae, this 10th day of March, 1972.
R.

D. M c Ilw a in e , III

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                    <text>PUBLIC
SCHOOLS

March 9, 1995

Mr. Robert McGregor, Jr.
President
Arlington NAACP Branch
5266 North 19th Road
Arlington, VA 22207
Dear Mr. McGregor:
In response to your recent request, I am enclosing the following
documents from our 1970s archives:
1. United States Court of Appeals for the Fourth Circuit
Case No. 71-1791, John K. Hart, et al., Appellants, v. County School
Board o f Arlington County, et al., Appellees
2. PLAN FOR DESEGREGATING DREW AND HOFFMAN-BOSTON
ELEMENTARY SCHOOLS
If we can be of further assistance in this regard, please do not hesitate to
call upon us. Our office telephone number is (703) 358-6005.
Sincerely,

Jorge P. Osterling
Director, Community Services
mpb
Enclosures (2)
cc: Henry D. Gardner

1426

N.

QUINCY

STREET

ARLINGTON,

VIRGINIA

22207

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                    <text>United States Court of Appeals
FOR THE FOURTH CIRCUIT

No. 71-1791
JOHN K. HART,

et al

.,
Appellants,

v.
COUNTY SCHOOL BOARD OF
ARLINGTON COUNTY, e t a l .,
Appellees.
Appeal from the United States District Court for the
Eastern District of Virginia at Alexandria
BRIEF FOR APPELLEES

ISSUE PRESENTED FOR REVIEW

The sole issue presented for review in this case is whether
or not the desegregation plan adopted by the Arlington
County School Board and put into effect in September,
1971, is constitutionally valid.
STATEMENT OF THE CASE

On May 6, 1970, plaintiffs initiated this action to com
plete the elimination of racial segregation in the public
schools of Arlington County (App. o ) -1 An answer on behalf
1 All references App. are to pages in the printed appendix.

�iV.rf

1

Felder v. I la melt Comity lltMid of Kthnalimi, 109 l-*.2tl 1010 (lilt
Cir., 1969) .............................................................................12, 19, 22

firAiii.ok r i i Cask......................
si

1

Given v. ( 'utility School Itoaid of New Kent County, 391 U.S. 150
(I960) .......................................................................................... .....0, 27

S . ikm i.i ok niii Iacts. ...
iv
:'r
’
.

3

Green v. School Board of City of Roanoke, 316 F.Supp. G (W.D.
Va. 1970) ..................................... ,...................................................... 21

| i » K PkiISKWiKM I u ivKVIKW ...............
;:U
'K

j
..

AuCIJMKNT
T i . I s v i ^ i i u linn Adopted And Put Into E f c By The
lr V i ' v . l o
fet
Arlington Comity School l o r I C n t l l o n l Valid.... V
iad s osiuinly
Concmision ..... -........... -................

26

C i i I I A K ....................
llVKCT

20

Al.Is V S h . l n - i iu N l 5 I!!l 2 99 (lih C r , 1971 c r ,
l. . . . i t n i . l i . ,
\d
i.
) et
i nud 1 1 U S 012 (1971 ... -, 8 9 1 , 12 1 , 22 23 2
h
0 .
)
I , , 0 , 9 , , G

0

Allen v A h villc City Boai of K l c i h , 431 l, d 902 ( l h C r ,
. .e
d
tu.tm
,2
.
-i i .
1970) .............................. 17, 1 , 20, 25
9
P a h - v S l c l Hoard of City o Richmond, 325 1.Supp. 028
ud.y . iio
f
'
(KIT Va., 1971 ............................. 25
)
I i c v I. u i , 314 1.Sup. 971 (N.O. C l , I ) ....
n t: . a d t
*
a . 960

1 , 20, 22
4
11 (|‘ 11 ......... I
13 » )
I
u v I .il «f Iinii.l 319 I S 291 (191 )
. S i. . .h.lii,
I.
.5
8
Cl 0 ,., V I.I I I..|&gt; .. I tf K
11. i . ,.. I \,. y
. di.e ii.,
loi
l.. G|3
*?l
v Ho o l tf K . t. l o , 317 I . .
.
i . d i .in
IS

Lee v. Macon County Board of Education, 418 l**.2d 716 (5llt Cir.,
1971) .........
:................................ ....... 21
Mims v. Duval County School Board, 329 F. Supp. 123 (M l).
Fla., 1971) .;.................................................................................. 23, 21
Swann v. Charlotle-Mecklenburg Board of Education, 402 U.S. 1
(1971) ....................... ................ ......... 2, 4, 8, 9, 10, 12, 19, 22, 27

i A &gt; i l O k CAtji*)
iJl

Ahv.aml. * v Holme;. County I o m of Education, 390 U.S. 1
• .
'.l
9
.
.....
(1969 ............................... *
)

Ilnncy v. County Board of Education of Sevier County, 420 l;.2d
361 (0th Cir., 1970) ............................................ ............................. 21

Walton v. Nashville, Arkansas, Special School DhtuYi No . 1, -101
F.2d 137 (8th Cir., 1969) ............................................................... 26
Wanner v. Comity School Boaid of Arlington County, 357 F.2d 1:»2
(4th Cir., 19G6) .................................................
16

�2

3

of the County School i’oard of AIlinglon County and the
Divish-u Superintendent of Schools of Arlington Counly
was timely lllcil (App. !1 !l), anil discovery procedures in
volving interrogatories lo defendants and requests for die
production of doeuinenls were thereafter iniliated by die
plaintiffs (App. 1).
On March 5, 1971, a pre-trial conference was held, at
which time a hearing on the merits was scheduled for July
2b, 197-1 (R. 70) A The hearing in this case was deliberately
postponed by the District Court to await the decision of the
United Slates Supreme Court in Swann v. Charlollc-McckIcnlnirg Board o/ Education, 402 U.S. 1, and its companion
cases (App. 1 0 ).On June .20, 1971, the Arlington County School Board
adopted and filed in the District Court its plan for the estab
lishment of a unitary school system throughout the county,
which plan was lo be put into effect in September, 1971
(App. 19-20). On the morning of the hearing, plaintiffs
amended their complaint lo stale their objections to the
phut (App. G-7, 11), which objections were subsequently
overruled and the school board's plan approved by the Dis
trict Court in ils memorandum opinion and order of August
10,1971 (App. 10-15). See, 329 F.Supp.953.
On August 12, 1971, plaintiffs filed in the District Court
their notice of appeal (R. 67) anti on August 20, 1971 also
filed an application for injunction pending appeal which
was denied by the District Court the same day. Thereafter,
plaiulilfs fil&lt;&lt;l a similar application in this Court, which
applii od'Hi was denied on September 3, 1971. Sec, Record
in No. 71-1792 (-1 flic., 1971). A Outlier such application
v. ■■| . eulid to the Chief Justice of the United States, -is
( !in .-it jo lit e fia die 1 'inIII ( tin-nil, and ile.ii. .1 by |ii,n on
5
Sept. I
, !, 1971. See, |','||. A 2li2, 1971 ’li mi.

.'il'A l'Il.'.lt-'.ii'f ( Ji* TD K i-7 f.Y.3

. '
' I

f i. is &gt; . It. i'll- to |
t
.

*

The Arlington Comity School Division unbraces the cm
lire county of Arlington and has an area of 25.7 square
miles, ft is less than one-half the size of the City of ciiliniond which has an area of G3 square miles, arid less Ilian
one-tenth the size of the adjacent county of Fairfax which
has an area of 402 square miles (App. 41).
For the school year 1971-72, the total elementary school
population of the Division was estimated to be 11,233 stu
dents, of which number 9,903 were white and 1,250 were
Negro. Thus the racial ratio in the elementary schools was
89% white and 11% black (App. 15, 22), which ratio is
substantially identical to that for the preceding years. See,
Answers to Interrogatories (R. 19).
At the beginning of the 19G9-70 school year, the high
Schools and junior high schools of the counly had been de
segregated, while the elementary schools were being operated
on the basis of geographic attendance zones established for
each school. Under this arrangement, two of the twentynine elementary schools in the system—Drew and HoffmanBoston-- -were attended solely by Negro students, as the
geographical boundaries of those schools encompassed allNegro residential areas, while eleven of the twenty-nine were
attended by all, or virtually all, while students (App. 15, 35,
42). The Hodman-Boston sehool also housed seventh grade
students, of which some 70% were while students bas ed in
from other districts in the county (App. 12). On December
Ifl, I9G9, the school board adopted a resolution ilireetiu.;
the Division Superintendent and his stall* to prepare a si of
study of the various alternatives available for desegre alia ;
the Drew l-'.h-nenlary School (App. 29 50). ’I hit i, -. h .'o i
suggested ei " Uillaliou with appropriate frderd ....one!. -. a
step v.Iii. h ha.! .dread) be. o taken by the D’ Men .*
!:•

�•
1

3

top.ill'll I wlu&gt; (1) Ikk! 11 issi'i I the matter griu’inlly with
isn
representatives of the Department of lli-allli, F.ducalinn and
Wclfaio (Iir.'.V) earlier in (ho month (2) had caused data
re. guested by 11K\V to bo compiled by his stall' and sub
mit led and (3) was awaiting return of specific suggestions
from 11IIW for consideration by his staff and the school
board (App. 13). In the interim, the Division Superintend
ent directed his research department to begin its own study
of the problem in line with the school board’s resolution
(App. 13).
No response was ever received from HEW, and shortly
after the research department had assembled its own data
and begun a consideration of alternatives, the instant suit
was filed (App. 44 ). Thereafter, the school board was ad
vised of the pendency of the Charlotte-Mecklenburg litiga
tion which would in all probability shed light on the prob
lem the board was considering, and the board decided to
await the outcome of that litigation before determining the
method of desegregating Drew Elementary School (App.
41). No attempt was made by the plaintiffs to seek a hear
ing of this matter for the 1970-71 school year.
On April 20, 1971, the Swann ease was decided. There
after the school board anti its staff returned to a consider
ation of the Drew school situation, hut this time did so in
the huger context of establishing a unitary school system
throughout the comity in compliance with Swann (App.
41). On June 10, 1971, while, these deliberations were going
on, ltd . ........I di i ided a series of eases under the style of
A dam i v. School District j\ro. !&gt;, Orangeburg Co., S.C., 411

filed in tlu: District Canal its plan for the operation of :t
unitary .system in Arlington County (App. 19).
As stated by the Division .Superintendent, the purposes ol
the school board’s plan were “first of all, primarily to elimi
nate all vestiges of a dual system, to move to cslabli;,h a true
unitary system throughout the county, to provide and li
establish racial balanced schools, and I think, (hen, to gr
on with the primary purpose of the school system which i
the education of young people.” (App. 40). These objee
lives would be accomplished by converting both the Drev
and IIodman-Boston schools to specialized prc-kindcrgartci
and kindergarten facilities. In addition, the Drew sclioo
would also house an experimental model elementary schon
to be conducted on an integrated basis and utilizing iniagi
native new approaches to elementary education, as well a
for adult education and other school programs. The IIolT
man-boston school would also be utilized, as in previou
years, for the integrated seventh grade of the Thomas JefTer
son Junior High School (App. 10, 19-20). Former Drev
and IIodman-Boston students in grades one through si:
would be assigned to other elementary schools in the ronup
in accordance with the following criteria (App. 21):

l\2il 99, 'perifil ally e, uph.rv.iug for district eon its and

A.
The acltled students would not cause the re
school to have an enrollment exceeding its establish.’.
rated capacity by more than 5%,
11.
The ratio of black to white pupils in each srho
would be ns close to 11 % as practical, u it 1 in a ran;;.1.'
1
7% to 13%, with the exception of four element.ir
schools whose current enrollment already esc.vile.
13% (i.e. 111% to 22% ).

Mia. .1 li'iud. va&gt; ime: a: p. i (■ of .V.e.ooi and ttarls V I'unu'il
;
.
of Silo,.,I ( too'.n'whna 11 n] Mobile County, 401 II.Ji. ltd.
1 ol: Iii 11■ after Ailo,m, I i l h i l hoard adopted and
9 i;
le e i o

C.
Family gp'oupings would be taken into aeeoont
assignments to a parlieul.tr school, so that family e.iit
would not he broken up.

~

1). Transportation would he provided as ne« d,.l.

�6

V

IInder. tin* &gt;vlu-ol board's plan, all one-race schools in
Arlington County arc eliminated there remain no one rare
while schools aiul no ohc-raco black schools. Moreover, .stu
dents advancing from an elementary school will attend ilic
junior
school serving dial elemenlary school and, in
lum, will advance to llic high school serving that particu
lar junior high school (App. 20, 21). This feeder system
insures that for the 1971-72 school year, and for every school
year thereafter, every child in Arlington county will receive
his elementary and secondary education in an integrated
facility (App. 39-10). In addition, nineteen of the tw'cntytlu ee elementary schools afTectcd by the plan will have racial
ratios which fall within the 7% to 15% range established
by the board as a target deviation from the 11% racial
ratio of the system as a whole (App. 15, 22). Indeed, seven
teen of these nineteen schools fall within one percent of the
11% racial ratio in the system as a whole (App. 15). Finally,
faculty di segregation is achieved by establishing a ratio in
each school as close to the ratio of black to white teachers
in the school system as a whole, as is practical (App. 25).
In no ease is there more than a 4% deviation from the sys
tem wide ralio (App. 25).
The longest bus ride (in terms of lapsed time) for the
former Drew and I lofTman-Boston pupils is 29 minutes,
while the average bus ride for such children is 22 minutes
(App. 12, 40-41). Similarly, the average bus ride for ele
mentary children in the system as a whole is also 22 minutes
(App. !1). The additional transportation costs involved in
the ;elun! b«»;nd\s plan is appro..‘manly $11,000 per year.
Adopt'ihi of an nllei iialc plan to achieve the same degree of
iiitrgiMiM.,1 would involve Im dug 90'/• of lie: Drew and
I Ill'll.
I I it l i t

i i'o loo
\'ii!i

•• i •l .•
•

.hi

-liidi ills

i 1111 i . . | i n l

to

ollc i

| i i &gt;. l i t . i i

‘i l i o . i l .
of

v.liio

uid

l e p l . i i il l-;

‘ Old. til.

lo..n

and an additional cost of .'[1130,000 per year iheicafier fo
transportation. Thirteen new' buses, plus diivias, would L
required for such an alternative “90% out 90% in” pin
(App. 12, 45-43). See also, Jhief for the Appellants, j&gt;. 1/
No alternate plan submitted by tin: plainliHs would, «.limi
natc all one-race schools in the county, nor achieve as mud
actual desegregation as the school board's plan (App. 5(
64).
ARGUMENT
Tlic Desegregation Plan Adopted Ami Put Into F.fl'ect By The
Arlington County School Board Is Constitutionally Valid.

Plaintiffs in the ease at bar arc Negro children who ha&lt;
been assigned to the Drew Flcmcntary School when thi
suit was instituted and the parents or guardians of such chil
dren. Asserting that all, or virtually all, of the pupils assigno
to the Drew Elementary School were Negroes, plainliil
alleged that the Arlington County School Foard had failo
to adopt and execute a plan “to completely convert .sail
public school system to a unitary non racial system,” (Apj
4 ). (Emphasis supplied.) They sought an order from lh
District Court requiring ihc defendant school board “t
adopt and forthwith implement" such a plan (App. 5 ).
Even before this suit was filed, the school hoard had bee
aware of the Drew situation and had, by formal resohilioi
directed a stall study to be made of various alternatives fo
desegregating the Drew School. This resolution, howvwi
did not specifically embrace ihe I Inli’mau-l'oMnn I’lenion
tary School, the only other all Negro school in the eoanq.
nor did it envision the desegregation of the clown all w!i' &lt;
or virtually all while, elementary sellouts in the e.-i.n.
school .system.
After the slnd) cnnlcntpt tied by the
o\
.1 ! .
iniii.it d and pi ini' In lie dale sol 1*; Ilie 1'
i t ■&lt;
.

�9

a

homing i&gt;f iliis nineti'i* (July 29, 19/1), tin.' Supreme Court
ilcciile.l tin- Swann ami Paris cases, supra, (April 20, 19 7 I),
ami this Court ilivitlcil tin: Adams eases, supra, (June 10,
19VI). lie cause of lire existence of Adams, no independent
analysis need now be made of Swann and Davis, nor of their
progenitors, Drown, Green and Alexander.' In Attains, this
Court remanded a series of school desegregation cases to
their respective district courts with instructions to receive
from the various school hoards “new plans” which would
give effect to Swann and Davis. Id., at 100. During the
course of its opinion, this Court spelled out what is now
required of district courts and school authorities in the fol
lowing explicit language (-M l 1'. 2d at 100-1.01) :
“It is now clear, we think, that in school systems that
have previou ly been operated separately as to the races
by reason of slate action, “the district judge or school
authorities should tnal.c every effort to achieve the
greatest possible degree of actual desegregation, taking
into account the pruclietdilit s of the situation.” Davis,
supra at ..... 91 S.Cl. at 1292. We remand these eases
because the respective district judges did not have the
benefit of the Supreme Court mandate that adequate
consideration lie given "to the possible use of bus trans
portation anti split zoning.” Davis, supra at ......, 91
S.Ct. at 1292. Wherever schools arc “till or predomi
nately of one race in a district of mixed population
(tl h iv will he required) close scrutiny lo determine
dial jh Iio o I assignments are not part of stale-enforced
M"ng aliiill." Swann, Nllpl'it til ......, 01 S.Cl. nl I/Oil.
/. |l III IIi*•1 (1 1
1 1*
1 in«* of “.M small IIIII•)l&gt;i,r of Ollt!1
ill|l!
i if * , or vii licilly mie-iace, .schools within a district is
*
i".i in ;i.wl of iijrlf the w;uh of n system which &gt;tiII
»
/
•

l\ ..
i ,

• /
• •

o.

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.g

... ..

/:

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. ii

I ' . I H ' i (i'»,i) ;if) u s .

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i
f

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* iI
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practices segregation by law,” Sv/au.i, .inpra a t ..... , 9
‘
S.Cl. al 12151, built IIn: school inilhoiily a ml the ill-hit
judge must neverihch'ss he co,teemed with the dint
tuition of onc-rucc schools.
*

e

*

The school authorities and the district court slioul
consider the use of all techniques for desegregation, ii
eluding pairing or grouping of schools, nonconligitui
attendance zones, restructuring of grade levels, and tl
transportation of pupils ” (Italics supplied.)
Emphasizing the imperative nature of the commands ital
ci/.ed above was (1) the specific authorization conferrr
upon district courts to employ independent education;
experts at the expense of any local school hoard which sul
milted a plan that did not comply “with the directions s
forth in this opinion . . ,** and (2) the requirement that at
district court which approved a plan achieving lc&gt;s nctu.
desegregation than would be achieved under an altcmnth
j)lan must find facts that made impracticable (lie nchievii
of a greater degree of integration “especially if there reinm
any schools all or predominantly of one race ” Id., at 10
(Emphasis supplied.)
With the prescriptions of Swann and Davis thus focus*
in the commands of Adams, it was obvious that any plan'h
the establishment of a unitary school system in Arliugk
County which contemplated the desegregation of Ore
.School only and which left another elementary selio
with an all Negro student body and eleven other element i
schools with all-while, or virtually all-white, student l\\li
— could not possibly survive judieial appraisal. If a imita
system was to be c.slabli.-.hed, all o| tin* &lt;le.ueniar\ seh, .
comprising that systeni would have to be eoiidde.. .1 •
desegregated if iv.isoii.ihly po.» ihle. Contrary lo ap( .11 .

�10

assertion, this was not a “self-imposed objective” of the
defendant school hoard; it was a judicially imposed impera
tive. See,' Brief for the Appellants, p. 16. The command that
the Arlington County School Board must “be concerned
with the elimination of one-race schools” could hardly he
complied with merely by passing a resolution expressing
such concern and taking no other action, especially when the
elimination of all one-race schools in the county was not only
possible, but feasible. Adams, supra, at 101.
In this setting, the school board adopted and submitted to
the District Court a plan which (1) achieved the greatest
possible degree of actual desegregation, taking into account
the practicalities of the situation (2) eliminated all one-race
schools, both white and Negro (3) insured that every child
in the Arlington school system will receive both his elemen
tary and secondary education in an integrated facility (4)
established in substantially all of the elementary schools a
student racial ratio which reflects the racial ratio of the
system as a whole (5) racially balanced the faculties in each
elementary school in the county so that the ratio of white to
black faculty members in each school is substantially the
same as the ratio of white to black faculty members in the
system as a whole and (6) established in Arlington County
a unitary school system which has neither “white” schools
nor “black" schools—just schools.
Achievement of the above stated objectives in compliance
with the prescriptions of Swann and Davis and the com
mands of Adams was possible in only two ways. One method
— that adoptetl by the school board entailed the conversion
of the Drew and Hodman-Boston .schools from traditional
elementary facilities to other educational programs and the
tslahlishment within the all-Negro * '.graphic areas of those
•«
schools of a series of “satellite” ■ i.&lt; by which elementary
/&lt;

11
pupils formerly assigned to Drew and Hodman-Boston
would be assigned to various all-white, or predominantly
white, schools in the county in accordance with criteria
which would not only integrate every elementary school in
the system, but would indeed racially balance substantially
all of such schools. Bus transportation would be provided by
the school board for all the pupils thus reassigned, 704 in
number, and no such pupil would be required to be bused
for as much as one-half hour to reach his newly assigned
school. Indeed, since Arlington County is only seven miles
long and slightly more than three miles wide, the average
bus ride for such children would be the same as that for ele
mentary pupils in the county generally. Care was taken to
insure that no family groups would be disturbed by the new
plan, and a feeder system was adopted to insure that the
racial balance achieved in the elementary schools would be
preserved, and even heightened, over the years.
No overcrowding results under the school board’s plan,
and the additional transportation cost incurred would be
approximately $11,000 per year. In addition, the plan en
ables the school board to utilize the existing Drew and
Hoflman-Boston facilities for other innovative and highly
desirable educational programs designed to increase the
already outstanding excellence of the Arlington school sys
tem. In this connection, it should be emphasized that the
Drew and Hodman-Boston schools arc not being closed or
removed from the public school system or converted to
administrative or noil-educational uses. On the contrary,
these facilities have been reprogrammed under the school
board's plan to serve exclusively educational functions in
the emerging fields of pre-kindergarten instruction for chil
dren three and four years of age, model elementary school
experimentation in ungraded education and for adult edit-

�1
2

cation. In this setting, appellants’ assertion that the school
board's plan must be examined as if the Drew school was
being “used to store furniture” is surely wide of the mark.
See, brief for the Appellants, p. 24.
Essentially the school board’s plan for establishing a uni
tary system of elementary schools in Arlington County tracks
that utilized for the junior high schools in the CharlotteMecklenburg school system in Swann, which was subse
quently approved by this Court and the Supreme Court. As
stated by the Supreme Court (402 U.S., at 9 ):
“The Finger plan for the junior high schools employed
much of the rezoning plan of the board, combined with
the creation of nine “satellite" zones. Under the satel
lite plan, inner-city Negro students were assigned by
attendance zones to nine outlying predominantly white
junior high schools, thereby substantially desegregating
every junior high school in the system." (Italics sup
plied.)
In addition, the feeder system aspect of the school board’s
plan (1) counters the specific objection expressed by this
Court in Fehler v. Harnett County Board of Education, 409
F. 2d 1070, 1075 (4 Cir., 1969) that the plan there under
consideration did “not eliminate the possibility that what
ever feeder system is adopted to effect this transition will not
recreate a dual system at the high school level” and (2)
further evidences the school board’s awareness of, and intent
to comply with, the teachings of the decisions of this Court
in school desegregation cases.
. The only other plan which would achieve the results of
die school hoard's plan and honor the prescriptions of
Swann and Davis, as well as the command of Adams, would
he one which entailed assigning 90% of the black students
in Drew and I lolfinandloston to other schools in the county

13

and replacing them with an equal number of while students
drawn from the various predominantly white schools in the
county. Mathematically, such a plan would require (a) re
moving 102 of the 114 Negro elementary pupils at IIollinanBoston, leaving 12 Negro pupils there to be joined by 102
replacement white students from other schools in the county
and (b) removing 530 of the 590 Negro elementary pupils
at Drew, leaving 60 Negro pupils there to be joined by
530 replacement white students also drawn from other
schools throughout the county. Such a plan (1) would sub
stantially double the amount of busing necessary to achieve
a unitary system (2) would entail an initial expenditure of
$206,000 (including thirteen new buses) for the first year
and an expenditure of $130,000 per year thereafter and
(3) would, by unnecessarily continuing Drew and IloffmanBoston as traditional elementary schools, deprive the school
board of facilities for its pre-kindergarten, model elemen
tary school and adult education programs.
By contrast to the plans described above, it is manifest
at a glance that neither of the plans espoused by the appel
lants in their brief even remotely approaches compliance
with the controlling constitutional requirements. Sec, Brief
for the Appellants, Appendix A. The first of these plans en
visions the desegregation of Drew School by pairing or
clustering it with five other elementary schools in the vi
cinity, and is based upon a working paper prepared by the
staff of the defendant school board pursuant to the resolu
tion previously mentioned. While the plan effectively de
segregates the Drew school, it falls far short of establishing a
unitary school system in Arlington County. Under this plan,
the elementary portion of the Hofiinan-Boston school re
mains an all-Negro facility, while four other schools in the
county (Custis, Jamestown, Madison and Woodinont) re-

�It

15

main all white, five other schools (Barcroft, Jackson, Nott
ingham, Page and Tnckahoe) remain 99% white and two
schools (Key and Maury) remain 93% white. Thus, twelve
of the twenty-nine elementary schools in the county would
remain one-race, or virtually one-race, schools under this
plan (App. 16,38-39).
The appellants’ suggested plan for the desegregation of
Hodman-Boston is even more inadequate. It is the result
of “hasty preparation” by Mr. Richardson, a witness for
the plaintiffs, and manifestly represents an effort to bring
this case within the scope of Brice v. Landis, 314 F. Supp.
974 (W.D. Cal. 1969) by attempting to show that a reason
able alternative to the school board’s plan exists. It contem
plates pairing Hodman-Boston with three other elementary
schools in the vicinity. While edcctivcly desegregating the
Hodman-Boston Elementary School and the previously allwhite Custis Elementary School, it makes no provision for
the Drew school which would remain all-black, nor for ten
of the eleven all-white, or virtually all-white, elementary
schools mentioned in the preceding paragraph, which
schools would retain their 98-100% white status (App. 17,
62-63).
Moreover, utilization of both of these plans simultaneously
would not discharge the school board’s obligation to establish
a unitary system. Combination of the appellants’ suggested
plans would indeed eliminate all one-race black schools;
however over one-third (ten of twenty-nine) of the county’s
elementary schools would still remain 98-100% white. And
no racial balancing of the county's elementary schools would
even be attempted, much less achieved. Obviously, even
if combined, the plans which appellants put forth as alter
natives to the school board’s plan ( I) would not achieve
a unilaiy system (2) would not eliminate all one-race,

or virtually one-race, schools (3) would not achieve the
greatest possible degree of actual desegregation taking into
account the practicalities of the situation and, accordingly,
would not honor the prescriptions of Swann and Davis
nor comply with the commands of Adams. It is also inter
esting to note that 1,664 pupils would be bused under
these alternative plans which do not meet constitutional
standards, while only 704 pupils would be bused under the
school board’s plan which docs meet these standards. If the
defendant school board had adopted both of the appellants’
suggested alternatives, we submit that it would have been
required, as were the various school boards in Adams, to
prepare a “new” plan which would “give effect to Swann
and Davis” by according adequate consideration to the “use
of bus transportation and split zoning.” Adams, supra, at
100-101.
In light of the legal deficiencies in the appellants’ suggested
alternatives and the demonstrated drawbacks of the “90%
out 90% in” plan, it is difficult to conceive how the plan
adopted by the school board can be said to be invidiously
discriminatory. In this connection, certain aspects of the
case at bar must be emphasized. First, this case docs not
involve the closing of any school, merely the conversion of
facilities from one type of educational program to another.
Second, this case does not involve even a suggestion of “white
flight,” and neither that term nor that concept was ever
mentioned by any party at any point in these proceedings.
Third, this case docs not involve any reluctance on the part
of the school board to assign and bus white children to
formerly all-black schools located in all, or predominantly,
Negro neighborhoods. On the contrary, the record discloses
that a majority (70% ) of white students have for years
been transported to the formerly all-black Ilolfman lloston

�16
Junior High School (Jefferson Annex) located in that com
pletely Negro residential area (App. 12). Sec, U'anner v.
County School Board of Arlington County, 357 F. 2d 452,
■156 (1 Cir., 1966). Moreover, the plan adopted by the
School Board envisioned the enrollment of a majority of
white students in the model elementary school to be housed
in the converted Drew facility, which is located in an allNegro residential area, and that feature of the school board’s
plan is even now in effect. See, Brief for the Appellants, p. 7.
Significant in this context, is the decision of this Court in
Chambers v. Iredell County Board of Education, 423 F.2d
613 (4th Cir., 1970). Under consideration in that case was a
school desegregation plan in which one school, Unity School,
remained all black with 285 students. That facility was to be
replaced the following school year by a new school which
was then under construction. When completed, the new
facility would absorb Unity’s 285 black students and some
475 white students from three other schools, at which time
the formerly all-black Unity School would be closed. Plain
tiffs there alleged that the decision to close Unity was racially
motivated “because it arose out of a disinclination to put
white pupils into a previously all-black school.” Id., at 616.
Rejecting this contention, this Court stated (423 F.2d at
616):
"This contention is not persuasive in light of the fact
that the school board has already integrated Amity
School, which was previously all-black and is now twothirds white. There appears to be no pattern of simply
closing black schools because they have been black.”
Similarly, in the case at bar, the Arlington County School
Board long ago integrated the Iloffman-liostnn Junior High
School “which was previously all-black and is now twothirds while”’ We submit that if the closing of an all-black

17
school is not indicative of racial motivation when a school
board has integrated another previously all-black school in
the same system, then the mere conversion of a previously
all-black school to a different educational program and the
enrollment of a majority of white students in that identical
facility, coupled with the previous assignment of a majority
of white students to another formerly all-black school, can
not be said to be racially motivated.
Even more nearly in point and controlling is the decision
of this Court in Allen v. Asheville C ity Board of Education,
434 F.2d 902 (4th Cir., 1970). In that case, the Asheville
School Board decided that it was necessary to close two
formerly all-black elementary schools and one formerly allwhite elementary school to achieve racial balance. After
plaintiffs objected to the proposed plan on the basis of the
closing of the two all-black schools, the school board modi
fied the plan to provide for the continued operation of the
formerly all-wbite school, with the two formerly all-black
schools remaining closed. During the course of its opinion,
this Court stated the plaintiffs’ objection to the plan and the
reason therefore in the following language (434 F.2d at 905,
906):
“Able counsel for plaintiffs arc unable to' fault the
Board’s plan other than a complaint with respect to the
closing of two previously all-black schools and the im
pact of their closing, in the context of the rest of the
plan, upon black students.
*

•

*

“Plaintiffs insist, however, that the school board’s true
reason for selection is undisclosed and is simply its ‘re
luctance to send primary grade white children into
traditionally all-black schools located in all-black neigh-borhoods.’ ”

�18

19

Rejecting pl.iimilTs’ contention tlu t the Asheville School
Hoard had unfairly discriminated against black students in
the closing of the two schools there in question, this Court
enunciated the following principles governing such situ
ations (131 F.2d at 905, 906):

elementary schools, or if they were reconstituted as such, 90
percent of the black students formerly in each school would
have to be moved out into other schools and this 90 percent
replaced by white students. Moreover, the purpose of the
school board’s plan here is not merely to implement the
Brown II principle, but also to implement Swann, Davis
and Adams. That the plan “effectively achieves that end”
is acknowledged even by the appellants. Sec, Brief for the
Appellants, p. 19. In addition, the school board’s plan is the
only demonstrably rational and practical plan that will
comply with the requirements of Swann, Davis and Adams.
In Chambers, this Court expressed doubt that many
school systems had achieved a higher degree of integration
than then prevailed in Iredell County. Subsequently, in
Allen, this Court stated that Asheville was “at or near the
pinnacle of arithmetical desegregation in America.” Id., at
903. So far as we arc aware, Asheville is still near the pin
nacle of arithmetical desegregation in America; howevrr,
we submit that at the pinnacle of arithmetical desegregation
in America is Arlington County. Here again, it should be
pointed out that this distinction was achieved without closing
any school, while in the Chambers and Allen cases, the allblack facilities there under consideration were selected “for
extinction” and were removed from the public school system.
Allen v. Asheville City Board of Education, supra, at 905.
None of the cases relied upon by appellants derogates
from the principles enunciated in the Chambers and Allen
cases. In Felder v. Harnett County Board of Education,
supra, the basis of this Court's decision was the complete
failure of the school board to disestablish an entrenched
dual school system in which only 4.3% of the black children
were attending previously all white schools. Moreover, in
that case there was not the slightest assurance of achieving

In the first place, we think the mechanics of integra
tion, where the purpose is obviously to implement the
Brown II principle and effectively achieves that end, is
ordinarily a matter within the discretion of school ad
ministrators. The question is not whether we might have
selected different schools for extinction, nor even
whether substantial evidence supports the Board’s deci
sion, but is instead whether the Board’s decision is so
plainly unfair that it clearly amounts to invidious dis
crimination in violation of the equal protection clause.
«
* •
. . . Moreover, the situation of which plaintiffs complain
cannot possibly be changed except at the cost of in
creasing the transportation of pupils approximately “
10
percent. This is so because if the two black schools that
have been closed were reopened, 70 percent of the black
students formerly in each school would have to be
moved out into other schools and this 70 percent re
placed by white students.
*

*

•

It is urged upon us that even so, both schools that
were closed are newer and physically better than most
of the other schools retained. We agree that this is a
relevant factor. But neither alone nor in context does it
establish invidious discrimination. Such a factor is only
one of many that enter into a school closing decision.
II'e repeat that we do not sit to review state adminis
trative decisions beyond the very limited reach of the
Constitution. ( Italics supplied.)
Simil.illy, in the ease at bar, as previously pointed out, if
Drew and I lolfman Boston had been retained as traditional

�20

a unitary school system atul the selection of tire schools for
closing was therefore suspect. See, Allen, supra at 906.
In Green v. School Board of C ity of Roanoke, 316 F.
Supp. 6 (W.D. Va. 1970), the closing of the formerly allblack high school there under consideration would have
causcil overcrowding in the three remaining predominantly
white high schools in the city. In the face of this circum
stance, no adequate reason was advanced by the school
board, in terms of its desegregation plan or otherwise, to
justify discontinuance of the school in question.
Brice v. Landis, 314 F. Supp. 974 (N.D. Cal. 1969) states
nothing to the contrary. In that case, the closing of a 99%
black school pursuant to the school board’s plan would have
resulted in overcrowded classes and distorted pupil-teacher
ratios at the three remaining predominantly white schools
in the system. Id., at 977. Other “options, alternatives and
courses of action” were available to the school board. Id., at
970. Pointing out that a particular desegregation plan “when
not reasonably required under the circumstances” could be
discriminatory, the District Court observed (314 F. Supp. at
978):
"Whether the plan, as here presented, is a good faith,
reasonably adequate implementation of constitutional
principles involved, must be determined in the light,
among other things, oj the alternative options and
courses of action available to the District." (Italics
supplied.)
Commenting upon this decision in Allen, supra, this Court
succinctly stated (434 F.2d at 907):
“ We are advertent to Ilrire v. Landis (N.D. Cal.,
Aug. M 1969), 314 F.Nupp, 971, which held on the
,
peculiar / m is n[ the case that the closing of a Negro
school was invidiously disc iicoinatoiy and subjec t to in-

21
junction. We think it means no more than that and
agree there may be such a ease, but think it is not ibis
one. / / it is read to im ply that it is ordinarily for the
district courts to determine which schools shall be closed
rather than for the school board, we reject the propo
sition." (Italics supplied.)
Even less apposite is Lee v. Macon County Board o/ Iedu
cation, 448 F. 2d 746 (5 Cir., 1971). In that ease, the Court
of Appeals for the Fifth Circuit reversed a decree of the
district court which would have had the effect of leaving
over 45% of the school district’s Negro students in all-black,
or virtually all-black, schools. Id., at 748, 753. Moreover,
the justification advanced by the school board for the pro
posed closing of two formerly all-black schools was (1) that
whites would resist going to school in facilities formerly used
by blacks, and (2) that otherwise white students would llec
the school system altogether. Id., at 750, 754. In light of
these circumstances, the Court of Appeals directed the dis
trict court to require the school board “forthwith to consti
tute and implement a student assignment plan that complies
with the principles established in Swann v. Charloltc-Mecklenburg Board of Education." Id., at 753. In short, Lee is a
school closing, racially motivated, white-flight, non-unitary,
non-Swann school desegregation ease. Not one of the abovelisted considerations obtains in the ease at bar.
Haney v. County Board of Education of Sevier County,
429 F. 2d 364 (8 Cir., 1970) is equally inapplicable. In that
ease, the district court decreed the annexation of a small all
black school district in the county by a larger all-white
school district and, in addition, decreed that the facilities
of the larger all-white school district would he utilized and,
only if these facilities proved inadequate, would those of die
formerly all-Negro district be used. There was nothing in the
record to explain the closing of the facilities formerly used

�22

23

for the instruction of black students. After referring to this
Court’s decision in the Felder ease and Brice v. f.anitis,
siiprn, the Court of Appeals observed (129 l\2d at 372):

meet the prescribed constitutional standards. Sec Brief for
the Appellants, p. 17; Brief for Amici Curiae, p. 16. How
ever, both arc careful to avoid stating that there “is” such a
plan or informing this Court of the details, or even the
outlines, of such other plan. The reason for this equivocation
is quite obvious—both appellants and amici know full well
that there is no plan other than that adopted by the school
board which rationally and practically accomplishes what
this Court said in Adams must be done.
The assertion that the school board’s plan unfairly bur
dens the Negro students of Drew and Hoffman-Boston will
not bear scrutiny. For years pupils at these schools have
attended a “walk-in” facility and have not been required to
be bused (App. 48-49). If attendance at a “walk-in” fa
cility can be deemed a convenience, it is one which these
students have enjoyed for years while thousands of other
children in Arlington County have been bused (App. 13).
To require them at this late date to forego this convenience
so that a racially balanced, unitary school system can be
established can hardly be considered unfair. This, we sub
mit, is especially true when one remembers that the bus ride
they are asked to take is, on the average, only ten minutes
longer than the time it would take them to walk to the
Drew and Hoffman-Boston facilities, and the walk to those
facilities had to be made in all weather conditions through
out the school year (App. 39). Finally, while the Drew and
Hoffman-Boston students are now bused to other schools,
over 40% of the Negro elementary students in Arlington
County still attend their neighborhood schools (App. 15).
In Allen, a similar contention was rejected by this Court
in language subsequently deemed controlling and quoted at
length in Mims v. Duval County School Board, 329 F. Supp.
123 (M.D. Fla., 1971). In Mims, approving a desegregation

“The matter of utilization of available facilities is with
in the province and discretion of the school board.
There is a statement in the record that the class rooms
of the former Sevier District are not of suflicicnt size to
meet current state standards. These details, of course,
are subject to many variations and much can be done
within the existing framework of operation to suffi
ciently utilize existing facilities. This is not a matter for
court consideration but rather should be resolved on
some rational noil-discriminatory basis by the local
school board." (Italics supplied.)
Throughout their briefs, both appellants and amici curiae
make only glancing references to Swann, pay no respect to
Adams and do not even mention Davis at all. Indeed, refer
ence is made to Adams only for its one line affirmance of
the district court’s retention of the Addison School in Roan
oke; so far as appellants and amici are concerned, the rest
of what this Court said in Adams does not even exist. Thus
do they seek to avoid any consideration whatever of the
school board’s clear obligation to eliminate one-race schools
and achieve the greatest possible degree of actual desegre
gation as required by Swann, Davis and Adams. Thus, too,
do they seek to insinuate that the school board in this case
can get by with something less than full compliance with the
commands of these decisions, even though full compliance
enn be had, as demonstrated by the plan which the school
board adopted and put into effect last September and which
this Court and the Chief Justice of the United States refused
to enjoin.
In addition, both appellants and amici persist in pressing
the illusion that there “may” be other plans which would

�24
plan xvlilcli involved the closing of seven black elementary
schools, the district court observed (329 I'\ Snpp. at 132133):
“ In their second argument plaintilTs seek to have this
Court require the School Board to bus white children
to the core city for all elementary grades, not just to
sixth grade centers, so to achieve equal busing of the
races. The United States Court of Appeals for the
Fourth Circuit resolved the same argument in Allen v.
Asheville City Board of Education [434 F.2d 902, 907
(4 Cir., 1970)] with these words:
We are asked to decide whether the district court, in
approving the plan, unconstitutionally placed ‘the
burden of desegregation’ upon black pupils in the
school system. It is urged upon us that the plan ap
proved by the district court ‘places an unfair, racially
discriminatory burden upon black children’ in that
black children in grades 1 through 5 who previously
attended all-black Livingston and Herring FJcmcntary Schools will be required to travel as much as five
or six miles in order to attend previously all-white
schools. This is said to be an unfair allocation of the
‘burden’ of integration, and it is suggested that the
Constitution requires that an equivalent number or
proportion of white children in the same grades be
required to travel an equivalent distance to enter
schools outside their previous attendance zones.
We hold that such a pattern of assignment imple
mented by free school bus transportation does not
violate the equal protection clause of the Fourteenth
Amendment.
The rationale in the Second Circuit is essentially the
same. In Norwalk Core v. Norwalk Board of Education,
[423 I'.2d 121, 124 (2 Cir., 1970)] the Court noted:
I’laiutilfs would eliminate what lliry call unequal
treatment by having, in elfect, one white child bussed

25
out of his neighborhood for every black child bussed
out of his - in oilier words, deprive as many whites of
neighborhood advantages as blacks arc deprived by
being bussed to schools predominantly white. But the
problem is not as simple ns a one black, one white
ratio. It is a question of the Board, with the facilities
available having ‘acted in the utmost good faith, in a
nonarbitrary and deliberate manner, in order both to
insure racial balance and to provide high quality
education.’ * * *"
Nor will it do to assert that the school board’s plan sug
gests to black children that it would be dangerous if “blacks
make up more than 15% of the enrollment of any school.”
See, Brief for the Appellants, p. 15. This assertion is instantly
blunted by the fact that four elementary schools in Arling
ton County already had black students in excess of 15%
when the school board’s plan was adopted. Moreover, the
alternative arrangements for the Drew school espoused in
plaintiffs’ brief would limit black enrollment to 21% in each
of the schools affected. Does this arrangement suggest that
any number of black students in excess of 21 % in any school
is dangerous? Was any such message explicit or implicit in
the racially balanced plans approved by this Court in
Chambers and Allen? Neither, we submit, does the plan
adopted by the school board in the case at bar carry such
an inference.
It is, of course, primarily the obligation of the school board
to frame and put into effect a plan which establishes a uni
tary school system, nnd, as pointed out in Oltvis, utfjrit at 37,
the “measure of any desegregation plan is its effectiveness.”
F'roin Brown II to Adams, the decisions confirming this
principle have been legion and consistent. As stall'll in Bind
ley v. School Board of C ity of Richmond, 325 F. Snpp. t!2H,
1132-1)33 (E.D. Va. 1971):

�27

26
“A second principle guiding the Court—almost as ob
vious as the doctrine of precedent—is that it is primarily
the School Board’s duty to run the schools, and not this
Court’s nor the plaintiffs’ . . . Because both expertise
ami responsibility arc the School Board’s, it is to their
proposals that courts look first for a legally sulficicnt
plan. . . . When they assume the ‘responsibility which
Brown' II placed squarely on the School Board,’ Id.,
412, 88 S. Ct. 1696, courts will not presume to dictate a
selection between equally effective desegregation
plans.’’ Wanner v. County School Board of Arlington
County, 357 F. 2d 452, 436 (4th Cir. 1966). (Italics
supplied.)
Echoing these observations arc those of Judge Bryan in his
special concurring opinion in Adams, supra, at 102:
“. . . I think the only pattern the school authorities and
the Courts must observe is one honoring the prescrip
tions of Swann and Davis. So long as it is in keeping
with these decisions, my understanding is that formu
lation of a plan is entrusted to the discretion o/ the
school authorities . . .” (Italics supplied.)
We submit that in the ease at bar the obligation resting upon
the Arlington County School Board has been fully dis
charged by the adoption of a desegregation plan which
honors the prescriptions of Swann and Davis, complies with
the commands of Adams, and is therefore constitutionally
valid.
CONCLUSION

III Walton V. Nashville, Arkansas, Special School District
No. I, 401 F. 2d 137, 144 (8 Cir., 1969), Judge Blackmon,
speaking for a court which sustained the non-reeinploynicnt
of certain Negro teachers in a school desegregation case,
made the following observations:

“We arc conscious in this ease, as we have been in
earlier ones, that the process of school integration is not
easy and that there will be hurts and disappointments
as integration is accomplished. Certainly, under the
precepts of the Brown decisions, it has been loo long
delayed at Nashville. But we are told that it has now
been fully accomplished there. That fact should be a
source of satisfaction for all citizens, white as well as
black.’’ (Italics supplied.)
In the case at bar, this Court is also informed that inte
gration has now been fully accomplished in Arlington Coun
ty. It is so informed by the plan itself, which is currently
before this Court and was adopted to carry out the following
policy of the school board (App. 40):
“The purposes that the board had was, first of all, pri
marily to eliminate all vestiges of a dual system, to
move to establish a true unitary system throughout the
county, to provide and to establish racial balanced
schools, and I think, then, to get on with the primary
purpose of the school system which is the education of
young people.”
It is similarly informed by the appellants who admit that
the plan is one “which unquestionably docs away with the
last vestiges of school segregation remaining from the legis
latively imposed dual school system” and who further ac
knowledge that it “is undisputed that the Arlington School
Board has put into effect a plan that fully complies with the
primary mandates laid down in” Brown, Green and Swann.
See, Brief for the Appellants, pp. 1, 9.
Finally, this Court is so informed by the District Court in
the following language of its opinion, 329 F. Supp. at 955956 (App. 14):

“The Arlington County School Board has now fully
complied with the Supreme Court decision in Broun 1

�21
:

• -A unitary school system as required l)y Creel am!
Alexander lias been rslablidird Arlington will 11a\ o
neither black nor while schools jn.sl schools.’*
Til li;;!it of the foregoing, ami for (lie reason heretofore
stall'll, we submit lliat (lie decision of (lie Dislirct Court is
clearly correct ami should be affirmed.
Respectfully submitted,
,

J a m e s II. Sim m o n o s
G r e g o r y U. E v a n s
1500 North Courthouse Road
Arlington, Virginia
R. D. M c I h v a in k , III
P.O .Box 705
Petersburg, Virginia
Counsel Ior Appellees
(H' K IriCAYK
.T

I certify that two copies of the within brief for appellees
were mailed, with first class postage prepaid, to S. W.
Tucker, Esquire, 211 East Clay Street, Richmond, Virginia
23219; to Robert M. Alexander, Esquire, 2011 South Glebe
Road, Ailinglnn, Viiginia 2220-1; to Allison VV. Brown, Jr.,
Esquire, Suite 501, 1121 Sixlrenlh St reel, N.W., Washing
ton, n.C . 2(10:50; to T.awrencc J. I.allo, Esquire, ‘ .'ll l'if/
ll riltll Street, N.W., Washington, D.C. 20005; and to Jack
Greenbur;;, I'equire, Suite 20,'50, 10 Columbus Circle, New
Vol k, New. York 10010, conn el for plaint iff:;; and In William
11. All* n, Esquire, and John 11. Jones, Jr., Esquire, fit',II Sixteiulh Siiii I, N, \V,, W. 11i11;;I'ni, n.C. 20(jl'b, conn,el lor
.....5 I .
lie-. Ill'll day of M .a ll, 10/2.
I! . I) . ; 11:f
■

i i

'll

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                    <text>F e b r u a r y 11,

1991

Mrs. E l i z a b e t h C a m p b e l l
2207 N. T u c k a h o e Street
A r l i n g t o n , Va. 22205
D ear Mrs.

Campbell:

I e n j o y e d t a l k i n g w i t h you today.
I h a ve a lways a d m i r e d you
a nd
the
foresightedness
that
you p o s s e s s e d
in c h a n g i n g
the
A r l i n g t o n P u b l i c Schools.
Enclosed

is a c o p y of the a r t i c l e I m e n t i o n e d to y ou today.

Sincerely,

H E N R Y D. G A R D N E R
Asst. S u p e r i n t e n d e n t
for Pers o n n e l
HDG-cf
Enc.

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                    <text>ARLINGTON COUNTY SCHOOL BOARD
Item No.

/ A

3

Arlington School Board Action Item
___

Barcroft Parent Request/ Grade 3 Students_____

Date Prepared:
4/16/86____

Meeting D a t e ____________

For Information

Meeting Date

For Action

5/8/86

Initiated by:

Parent request to Board

Staff contact:

X

Dr. Arthur W. Gosling

Explanation of Subject/Issue:
Barcroft school parents have requested the following:
(1)
That third grade children attending the school who reside in the Nauck community be
permitted to complete their elementary school education at Barcroft school.
These
children otherwise are assigned to several different North Arlington elementary schools
for grades 4-6.
(2)
That the school division study the issues related to school attendance for children
residing in the Nauck community.

Superintendent's Recommendation: A #
(1)
Assign current third grade students from the Nauck community who currently attend
Barcroft for grades 1-3 only to continue attending that school for grades 4-6. Nothing in
this decision, however, precludes parents from exercising all existing opportunities for
transfers, including the opportunity for a younger sibling to accompany an older sibling
to a designated elementary school in the northern section of the County.
(2)
Direct the Superintendent to develop an issues paper for Board review in fall 1986.
This paper would identify issues relating to school attendance assignments for all
children residing in the Nauck community, grades K-12.

Comments:
A staff team consisting of
Operations, Assistant Superintendent
Relations was formed to review this
unanimous in its recommendations for

the Superintendent, Assistant Superintendent for
for Personnel, and the Director of School/Community
request.
The team met on several occasions and is
action to the School Board.

Please move forward your information item from the meeting on April 24, 1986.

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                    <text>7

•
ASD 25-6.01 (Revised)
October, 1985

attendance area.
It is understood that such a request shall be
related to the student’s appearance before that judge or before a
judge of a similar court in another jurisdiction and shall be based on
the student's court involvement.
2. Procedure
a. The Court requests reassignment of the student through the office
of the receiving principal. Request for assignment is accompanied
by detailed background information which shows the need for spe
cial placement and will also serve to give the receiving school
the information necessary to assist the student effectively.
b. The receiving principal reviews the request and sends a copy of
his/her response to the court and to the Director of Student Ser
vices and Programs and to the Director of Assessment.
F.

Instructional Transfers/Alternate Course Selections
1
.

Instructional Transfers - Elementary and Intermediate Schools
a. Policy
Parents of students enrolled in elementary and intermediate
schools may request transfer to another elementary school or
intermediate school for instructional reasons when, in the opinion
of the parents and the principals of the schools involved, such a
transfer would be in the student's best interest and provided
that:
(1) The transfer will not raise the percentage of students
attending the receiving school from other attendance areas
for instruction reasons in excess of 4$ for elementary
schools (K-6) and 4$ for intermediate schools (based on
September 30 student membership report).
This percentage
constraint is applied to all students on instructional trans
fers, not just those that occur in any one particular school
year.
(2) The parents assume the responsibility for special transporta
tion arrangements if such are necessary.
(3) These special assignments may be terminated if, in the opin
ion of the principal or the parents involved, it is creating
a situation harmful to the student or other students.
(4) The transfer does not cause the receiving school to exceed,
or continue to exceed, its standard accommodation level.
(5) The transfer does not change the percentage of black students
in either the sending or receiving school to fall below 7% or
to exceed 19% of the school's student population.
In those schools where the percentage of black students was
not within the 7-19$ range at the time of the desegregation
plan's approval, then the percentage figure at the time is
Page 6 of 8

�ASD 25-6.01 (Revised)
October, 1985
the percentage of black students that cannot be exceeded as a
result of the transfer.
The percentage figure to be used is that reported in the most
recent Civil Rights Report.
(6) This policy is not applicable to the H.B. Woodlawn, Page,
Drew, or Jackson schools since they function as special
instructional units.
(7) Each transfer request must stand on its own merit.
b.

Procedures
(D

Requests for new instructional transfers for the upcoming
school year may not be submitted prior to January 1
.

(2) Principal of the sending school will act on requests during
the month of February.
(3)

Principal of the receiving school will act on requests during
the month of March.
-

w

Requests received after February 1 will be acted on by the
sending and receiving principals by March 31.

(5) The new request for transfer must be made by the parents in
writing to both the principals of the sending and receiving
schools. Coordinating the processing of the transfer request
and notification, in writing, to all parties involved of its
disposition, is the responsibility of the principal of the
sending school. Transfers are contingent upon agreement of
both principals.
(6) No student transfers will take place during April, May, and
June.
(7)

Renewal instructional transfer requests must be reviewed each
year during the month of April. This responsibility rests
with the principal of the receiving school. The parent of
the student and the principal of the sending school must be
advised on the status of each transfer during the month of
April.

(8) Use of a Waiting List: Each school principal will maintain a
list of requested transfers.
Those requests longest out
standing should be acted on first after the renewals have
been determined.
(9) Annually, the principals of each elementary and intermediate
school will report to the Director of Assessment by June 1
,
the status of Instructional Transfers on the Annual Instruc
tional Transfer Report.

Page 7 of 8

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                    <text>'ABINGDON ELEMENTARY SCHOOL
3035 South Abingdon Street

MEMORANDUM.

March 22, 1983

TO:
FROM:
SUBJECT:

Response to Mrs. Syphax’ Questions on Racial and
s
Ethnic Distribution of Students Affected by Reduced
Bussing

Five students from the ]&gt;rew area were reassigned to Abingdon as of the
1983/84 school year.
To date, none o ' these students have attended Abingdon. One student
f
attends private school. The other four students elected to remain in
their present schools on instructional transfers.

�</text>
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                    <text>Arlington Public Schools
Randolph Elementary School

March 22, 1984

MEMORANDUM

TO:

Daniel Brown

FROM:s k /Bob McNeal
i
SUBJECT:

Racial and Ethnic Distribution of Students Affected by
Reduced Bussing

In response to question n2 of your memo dated March 20, 1984,
Randolph School has experienced no problems related to the change in
bussing.
In answer to question "3, we have no such students enrolled in
our 3rd grade.

�</text>
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              <elementText elementTextId="18601">
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                    <text>BARCROFT ELEMENTARY SCHOOL
625 South Wakefield Street
Arlington, Virginia 22204
March 23, 1984
MEMORAMOI im .
TO I

Daniel L. Brown
Director, School /Commun ity Rela.tiona

iW
Vr

FROM:
SUBJECT:

King

Third Grade Students Affected by Reduced Busing

There- have been no problems encountered at Barer oft during
the 1983-84 school year related to the change in busing.
Listed below are the black students presently enrolled in the
third grade. Their receiving schools (1984-85) are listed, too.
PIe ase cont ac t me shou1d you need add it ional

informati o n .

S tu g en

Home School

G oods

r, Lakita
Potter, Charles
Thompson, Damon

McKinley
McKi n 1ey
McKi n 1ey

Dunbar, Jamal
Johnson, Carmen

Jame stown
J ame s town
J amest own

Jones,

Sher m a n

Locke, Shae
Pinkney, Carmen
R ichardson, Sj u von

T aylor
Tay1or
T aylor

Smith, Celvinna

No 11 in gh a i
m

NK/p k

�</text>
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          <element elementId="50">
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            <description>A name given to the resource</description>
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                <text>Memo to Daniel L. Brown, Director, School/Community Relations from Nancy King re "Third Grade Students Affected by Reduced Busing, March 23, 1984.</text>
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            <description>An account of the resource</description>
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                <text>Memo to Daniel L. Brown, Director, School/Community Relations from Nancy King re "Third Grade Students Affected by Reduced Busing, March 23, 1984.</text>
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              <elementText elementTextId="18587">
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                <text>1980s</text>
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            <description>Information about rights held in and over the resource</description>
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              <elementText elementTextId="18591">
                <text>This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited.</text>
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                    <text>ARLINGTON PUBLIC SCHOOLS
1426 NORTH OUINCY STREET ARLINGTON VIRGINIA 22207

School-Community
R elatio n!,

March 20, 1984

MEMORANDUM
TO:

PRINCIPALS OF ABINGDON, BARCROFT AND RANDOLPH

FROM:

Daniel L. Brown

SUBJECT:

Racial
and
Ethnic
Reduced Bussing

Distribution

of

Students

Affected . by

The following questions have been raised by School Board Member, Mrs.
S y phax:
1.

What is the racial or ethnic distribution in the three schools that
received the students affected by reduced bussing?

2.

Have there been any problems at the three receiving schools related
to the change in bussing?

3.

If the black students that are now enrolled, in the 3rd. grade but
scheduled to be bussed to other schools were to remain in their
present schools, would there be a negative effect on the schools that
were to receive them?

I can supply information for question number one according to the October
1983 Civil Rights Survey Summary
Please detail any problems associated with the change
requested in question number 2.

in bussing as

For question number 3, I need to know the number of black third grade
students you have that are supposed to go to schools in North Arlington.
Please list the number of students according to the receiving school.
I will
call the receiving school to see what impact it will have if the students
remain in their present schools.
Thank you for your cooperation.
be secured.

I need the information as soon as it can

�</text>
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                <text>Memo to principals for Abingdon, Barcroft and Randolph from Daniel L. Brown re "Racial and Ethnic Distribution of Students Affected by Reduced Busing, March 20, 1984</text>
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                <text>Memo to principals for Abingdon, Barcroft and Randolph from Daniel L. Brown re "Racial and Ethnic Distribution of Students Affected by Reduced Busing, March 20, 1984</text>
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                    <text>ARLINGTON PUBLIC SCHOOLS
1426 NORTH QUINCY STREET ARLINGTON VIRGINIA 22207

March 27, 1984

School-ComuniXy
Relationi
MEMORANDUM
TO:

Or. Charles Nunley

FROM:

Daniel L. Brown

SUBJECT: Request for Information Regarding Racial and Ethnic Distribution of
Students Affected by Reduced Bussing.
The following questions have been raised by School Board Member, Mrs.
S yphax:
1.

What is the racial or ethnic distribution in the three schools that
received the students affected by reduced bussing?

2.

Have there been any problems at the three receiving schools related
to the change in bussing?

3.

If the black students that are now enrolled in the 3rd. grade, but
scheduled to be bussed to other schools, were to remain in their
present schools, would there be a negative effect on the schools that
were to receive them?

Response to Question No. 1:
The three schools that were to receive black students as a result of the
reduced bussing were Abingdon, Barcroft and Randolph.
The racial and ethnic
distribution data has been taken from the Summary of Civil Rights Survey as of
October 20, 1983.
American
Indian/Alaskan

Asian

Black

White

Hispanic

Total

Abingdon

1
.2%

161
28.6%

116
20%

22940.7%

56
9.9%

563

Barcroft

1
.4%

37
15.7%

73
30.9%

104
44.1%

21
8.9%

236

44
10.0%

131
29.9%

218
49.8%

45
10.3%

438

Randolph

�Response to Question No. 2:
The three memorandums from the receiving schools (Abingdon, Barcroft,
Randolph), indicated that there were no problems as a result of the changes
related to bussing during the 1983-84 school-year.
Response to Question No. 3
Communication with the principals of the three schools,(Abingdon,
Barcroft, and Randolph), revealed that Abingdon and Randolph received none of
the black students as a result of bussing.
Barcroft, therefore will be
affected if the 10 third grade students leave as present policy dictates or if
they remain pending policy change.
If the third grade students leave then
Barcroft would no doubt lose at least a half teacher allocation.
Barcroft presently has ten black third graders.
Four schools are
affected by the change in bussing. The distribution of the ten black students
according to where they are designated to go for the fourth grade are
McKinley3 students, Jamestown- 3 students, Taylor- 3 students and
Nottingham- 1 student.
Conversations with the four principals of the affected schools revealed
the following information:
William Wysong, Principal at McKinley, indicated that he did not think
that the three black students would make a significant difference and
that they probably should be given an option.
Lionel Seitzer, Principal at Jamestown, stated that he presently has only
one black child in the primary grades K-3 and that he will have none in
the fourth grade if the three at Barcroft remain there for the 1984-85
school-year.
He further stated that presently he has only twelve black
students - five in special education and seven in regular education.
Ralph Stone, Principal at Taylor, stated that he presently has eight
black students out of 71 third graders which represents 11%.
If the
three at Barcroft attend Taylor next year he will have eleven black
students out of 74 fourth graders which will represent 15% of the fourth
grade class.
Edward Reynolds, Principal at Nottingham indicated that one black student
would not make that much of an impact but cautions that we could be
moving toward predominantly white schools in North Arlington.
It is obvious that the school most affected by this change has been
Barcroft.
Conversations with principals in the North Arlington schools
reveals that the impact on each school differs slightly.

enclo s u r e s :

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                    <text>ARLINGTON COUNTY, VIRGINIA
INTER-DEPARTMENTAL MEMORANDUM

DATE:

May 27, 1983

SUBJECT:

Proposed Changes In Busing Plan

TO:

Chairman and Members, Arlington County School Board

FROM:

Charles G. Flinn, County A t t o r n e y ^ ^
Cynthea L. Perry, Assistant County Attorney

We understand that the Superintendent has proposed a plan to reduce
the distances over which elementary pupils in kindergarten through grade 3
in the Drew Area of the Arlington School Division are bused. Those pupils
are now bused to 12 other elementary schools, of which six are a
considerable distance from the Drew Area. The six are Ashlawn, Jamestown,
McKinley, Nottingham, Taylor, Tuckahoe Elementary Schools. All six require
bus trips of from 30-40 minutes and the busing distance and time for all
are greater than the average distance and times for all other students
bused as well as all other students in kindergarten through the 3rd grade,
now being bused. The students bused from the Drew Area to these six
schools are all black.
In order to reduce the distances over which these children are bused,
the Superintendent has recommended and the School Board has agreed in
principle with the following plan. Under the plan the pupils in
kindergarten through 3rd grade now bused to Nottingham would be bused to
Barcroft Elementary School, those bused to Jamestown, Taylor and Tuckahoe
would be bused to Barrett Elementary School, and those bused to Ashlawn
would be bused to Randolph Elementary School. The estimated effect of the
change on the black enrollment at each of the ten schools is as follows:
Present Black Enrollment
Number
Ashlawn
Jamestown
McKinley
Nottingham
Taylor
Tuckahoe
Abingdon
Barcroft
Barrett
Randolph

As a percentage
of total

Projected Black Enrollment
Number

38
20
34
28
43
23

11.2%
6.7%
11.6%
8.8%
8.1%
9.7%

30

70
53
23
111

28.7%
17.3%
9.8%
27.7%

148
74
49
119

ii
13
18
31
18

As a percentage
of total

- &amp;

I

Projected
Total

9.5%
4.1%
4.7%
5.9%
6.2%
8.6%

316
270
277
302
499
208

31.9%
26.8%
18.6%
29.2%

464
276
264
407

�In October, 1982, 16.6% of the pupils in the Arlington Elementary
Schools were black. The result of this changed busing plan will be to
reduce the time and distance of busing for the pupils reassigned from the
six elementary schools to the four schools in question here. A child in
kindergarten through 3rd grade with a older sibling in grade 4-6 of one of
the six schools may continue to go to the school to which the older sibling
is assigned, at the parents' choice.
Issue Presented
Does the proposed busing plan violate the Equal Protection clause of
the Fourteenth Amendement?
Analysis of the Issue
This office has previously advised the Superindent that the 1971 Plan
for Desegregating Arlington Schools does not continue to bind the School
Board in future years, but that it should continue to be reviewed for
guidance when later adjustments are made because it is part of the history
of desegregation of the formerly segregated black-white system in
Arlington. See the Memorandums to Superintendent Nunley dated December 10,
1981, and February 2, 1982.
In reviewing the cases, it is an established principle that the
precise terms of a desegregation plan do not remain binding once they are
carried out. Pasadena City Board of Education v. Spangler, 96 S. Ct. 2697
(1976). Moreover, if a school system is doing more than the Fourteenth
Amendment requires, it may recede from the action in excess of Fourteenth
Amendment requirements. Crawford v. Board of Education, etc.,
102 S. Ct. 3211 (1982). We interpret this to mean also that a school
system can arrange pupil placement in alternative ways so long as it does
not violate the Fourteenth Amendment. What a school system cannot do is
assign pupils so as to perpetuate or reestablish a dual black-white (or
other dual) system. Dayton Board of Education v. Brinkman, 99 S. Ct. 2971
(1979). In this connection schools identified as "black" or "white" could
be evidence of a dual system. Swann v. Charlotte-Mecklenburg Board of
Education, 91 S. Ct. 1267 (1971).
With this background in mind, in reviewing the presently proposed
changes in the busing plan, we have considered several issues:
1.

Effect of change

from existing busing plan on young children;

2.

Effect of change

from existing busing plan on blacks;

3.

Effect of change from existing busing plan on racial balance in
the ten schools affected by the plan.

On the first of the three issues, it appears that a legitimate basis
for a school system to assign pupils is the goal of reducing the length of
bus trips for very young pupils. See the case of Thompson v. School Board
of Newport News, 363 F. Supp. 458 (E.D. Va. 1973), affirmed, 498 F.2d 195
(4th Cir. 1974). This case included the testimony of a pediatrician that
lengthy bus rides had a harmful effect on young children. The trips that

-

2-

�were avoided by the approval of the neighborhood plan varied from six miles
to 27 miles and from 25 minutes to 65 minutes. The average trip in that
case was 42 minutes which is close to the estimated time for the trips to
the six elementary schools proposed to be reduced here. Thus although this
may be a basis for a reduced busing plan, more analysis would be helpful to
assess the applicability of this principle to Arlington.
In connection with the second consideration, Arlington's present
busing plan has been approved as not violating the Fourteenth Amendment.
However, we do not think this earlier approval means that the School Board
may not modify the busing plan so as to reduce the burden on one group.
This goal to modify the burden seems reinforced here because the plan
reduces the length of bus trips for very young blacks and does not increase
the length of trips for anyone else.
The third issue requires consideration of the changes in racial
balance in the affected schools. The Constitution does not require that
every school reflect the racial composition of the whole school system.
Swann, supra. However, many courts look more closely at plans with wide
disparities in the degree of balance or imbalance. Kelley v. Metropolitan
County Board of Education, etc., 687 F.2d 814 (6th Cir. 1982). Before this
change takes place, the affected schools range from black enrollment of
6.7% to 28.7%. After the changes, the range is estimated from 4.1% to
31.9%. The increase at the top end of the range seems less dramatic than
that at the bottom. Although we do not think the reduction to a 4.1% black
enrollment makes the school in question all white, it does appear that the
school deserves special attention so that steps to prevent further racial
imbalance can be taken where possible, as well as steps to increase racial
balance. Thus, we do not think this factor means the proposed changes
violate the Fourteenth Amendment but it does create a situation in which
the Board needs to give more attention to racial balance in some schools.
Conclusion
We conclude that the proposed change in the Arlington Busing Plan will
not violate the Fourteenth Amendment. However, it would be advisable for
the School Board to review this and future changes in pupil placement to
see whether the changes can be made or adjusted so that they achieve these
legitimate goals at the same time as they promote a favorable racial
balance in the Arlington Public Schools.

CGF:cjr

-3-

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a

ARLINGTON PUBLIC SCHOOLS
Division of Operations
MEMORANDUM

April 28, 1983

TO:

Superintendent of Schools

FROM:

Administrative Staff

SUBJECT:

Reduced Busing - Drew Area Students
The School Board, at the April 21, 1983 meeting, approved the follow

ing motion:
"The Arlington County School System no longer has neighborhood
schools in the black South Arlington community. The students
from there are bused to other schools not of their neighborhoods,
most of the students being bused to schools in the northern section
of our County, such as Jamestown, Taylor, Tuckahoe, Nottingham and
McKinley. The trips involve between thirty and forty minutes of"
travel time each way. There is no opportunity for after-school
activities because there are no late buses from the elementary
schools. Considering these factors, I move the following:
1.

That the students from the Drew area in grades K-3 have re
duced busing time by assigning them to a school closer to
their neighborhood;

2.

That the staff has the option of determining the number of
schools the students could attend

3.

That if a parent desires a child in Grade K through 3 to
accompany an older sibling to the designated elementary
school in the northern section of the County that they be
given their choice;

4.

That the Superintendent and staff study these points and re
port back to the Board before May 5."

BACKGROUND:
The present method of assigning black students from the Drew and HoffmanBoston attendance areas began in September, 1971 as a part of the "Plan for Desegregating
Drew and Hoffman-Boston Elementary Schools," as affirmed by the Federal Court on August
10, 1971.
The plan is as follows:
"The students in grades 1-6 of Drew and Hoffman-Boston will be assigned
to elementary schools throughout the Arlington School System. Kinder
gartens will continue at both Drew and Hoffman-Boston. No present
school boundaries will be changed. A school will not be assigned
students in such numbers that its total enrollment will exceed its
rated capacity by more than 5%. Every elementary school will be
integrated. In future years, students advancing from an elementary
school will attend the junior high school or schools serving that
elementary school and then to the senior high school or schools
serving that junior high school."

�Supt. of Schools

-

2-

April 28, 1983

Since 1971, with the closing of several elementary schools, the areas
of assignment in the Drew and Hoffman-Boston area have changed. The practice has
been to change the geographical area assignment from the school closed to the
school that remained open where the majority of the students were assigned. Maps
showing the elementary, intermediate and senior high school districts in the Drew/
Hoffman-Boston area are attached.
ALTERNATIVES;
The gist of the motion of April 21 then is to allow parents living in
the Drew area, who reside in the districts assigned to Ashlawn, Jamestown, McKinley,
Nottingham, Taylor and Tuckahoe, the option of having their children attend kinder
garten through the third grade in a school closer to home. By allowing this, the time
riding on the bus would be reduced. In an effort to provide the School Board with
more than one alternative to accomplish that, we have obtained a projection for
1983-84 of the number of students eligible for this option. Secondly, we offer
three alternatives; one that would have the students attend one of three schools,
Abingdon, Barcroft and Randolph; a second having all of the children attend Barcroft,
and the third with Barrett as the one school. The reasons for and the shortcomings
of each alternative are included.
PUPIL PROJECTIONS;

1982-83
Enrollment
K-3
1-3
ASHLAWN
JAMESTOWN
MCKINLEY
NOTTINGHAM
TAYLOR
TUCKAHOE

7
7
20
6

33

+

8
8
23 = 56

Number
in
3rd Grade
-

1
2
3
1
3
5
15

Number in
Drew Kindergarten
in
Assigned Areas

Number
Remaining
1983
-

=
=
=
=
=
=

6
5
17
5
5
3
41

+
+
+
+
+
+
+

2
4
4
5
7
2
24

Total
Projections
1983-84
8
9
21
10
12
5
65

Since a percentage of Drew area children may attend Drew School in
grades 1-6, the projected number of 65 is the maximum number that would be eligible
for this option. The probability is, based upon discussion with principals, that
7 to 10 of the children attending Drew kindergarten may remain at Drew. Therefore,
the range of projected enrollment is from 55-65 students. All projections listed in
the alternatives are calculated at close to the mid-point in the range, or 59 students.
We used 59 rather than 60 because this allows us to subtract one student from each of
the seven northern schools in showing the possible maximum reduction in the number of
black students in those schools.
ALTERNATIVE I
One approach is to assign the students to Abingdon, Randolph and
Barcroft. In this alternative we propose transporting the students in the regular
buses from the Drew area. This approach would not have the children riding on the
same buses as the other children in their districts.

�Supt. of Schools

-3-

April 28, 1983

At present the ethnic breakdown for those schools is as follows:

Alaskan Native
American Indian
ABINGDON
BARCROFT
RANDOLPH

-

Asian &amp;
Pacific
Islander
13
118
43

5.3%
38.6%
10.5%

Black
Non-Hispanic
70
53
111

28.7%
17.3%
27.0%

White
146
111
225

59.9%
36.3%
54.9%

Hispanic
15
24
31

6.1%
7.8%
7.6%

TOTAL
244
306
410

This alternative would result in substantially reducing the travel time
for students to and from schools. It would not require any additional busing. If all
three schools were selected, the percentages of black students at both Abingdon and
Randolph could be considered.
ALTERNATIVE II
The second alternative would be to assign all of the students to Barcroft.
Once again, this would not require additional busing, would reduce the travel time, and
it would increase the student population at Barcroft. Further, the percentage of black
students, based upon this year's enrollment, would be approximately 36%.
ALTERNATIVE III
The third alternative would be to assign pupils to Barrett. This could
be considered if Barrett is not selected for closing. It would increase Barrett's
projected enrollment in 1983 to 288 students, based upon the most recent projections.
To accomplish this one of two busing procedures could be used; first, to have the
students ride the buses from Drew district that go to the northern schools that they
would ordinarily attend. This would not require additional busing. However, it would
lengthen the time of the bus run to the other schools. It would result in students
being brought to Barrett early and having to wait after school for the bus to return
to pick them up. The other approach would be to have an additional bus run to bring
the students from Drew to Barrett. The estimated cost of the bus run is $3,000.
The October 21 ethnic breakdown of data on Barrett is as follows:
Alaskan Native
American Indian
0

Asian &amp; Pacific
Islander
49

20.9%

Black
Non-Hispanic
23

9.8%

White
105

44.9%

Hispanic

TOTAL

57 24.4%

234

If the students were assigned to that school, the percentage of black students would be
close to 28%. One other factor related to this, which is obvious, is that the numbers
of black students at the six North Arlington schools would be reduced. The number and
percentage of black students in those schools is as follows:
ASHLAWN
JAMESTOWN
MC KENLEY
NOTTINGHAM
TAYLOR
TUCKAHOE

38
20
34
28
43
23

11.2%
6.7%
11.6%
8.8%
8.1%
9.7%

One additional bit of information has to do with the travel time. The
Transportation Department has provided us with the average time for one-way runs. The
average is arrived at by picking one day in the year and timing the run. However,

�-4-

Supt. of Schools

traffic and weather conditions would extend this amount of time.
follows :
ASHLAWN
JAMESTOWN
MC KENLEY
NOTTINGHAM
TAYLOR
TUCKAHOE

April 28, 1983

The averages are as

20 minutes
30
20
24
"
20
21
"

It must be re-emphasized, however, that these averages are affected by traffic conditions
and weather, and it is conceivable that they could be increased by as much as 10 minutes
per run.

HDG:cf
Att

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                <text>RG 66, Personal Papers of Henry Gardner</text>
              </elementText>
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          <element elementId="39">
            <name>Creator</name>
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                <text>1980s</text>
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            <description>Information about rights held in and over the resource</description>
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              <elementText elementTextId="18551">
                <text>This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited.</text>
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  <item itemId="1826" public="1" featured="0">
    <fileContainer>
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                <elementTextContainer>
                  <elementText elementTextId="18542">
                    <text>S
A
.

s
.

A R L I N G T O N P U B L I C S C H O O LS
D i v i s i o n of P e r s o n n e l and P ayroll
February

MEMORANDUM
Dr.

Arthur

Henry
SUBJECT:

D.

Drew Area

W.

27,

1986

Gosling

Gardner
Students

vis-a-vis

Barcroft.

B e c a u s e this item w i l l be d i s c u s s e d at the M arch
3rd senior s taff m e e t i n g , I am p r o v i d i n g some b a c k g r o u n d
information, with several attachments.
A t t a c h m e n t 1 is S e c t i o n 2 from the c o u r t app r o v e d
d e s e g r e g a t i o n of 1971.
You w i l l note under 2.b the r atio of
b la c k to w h i t e s t u d e n t s that was i n c l u d e d in that c ourt app r o v e d
plan.
A t t a c h m e n t 2 is a m e m o of A p r i l 28, 1983 that
p r o v i d e s the b a c k g r o u n d i n f o r m a t i o n and i n c l u d e s the S chool
B o a r d ' s a d o p t i o n of A p r i l 21, 1983 r e g a r d i n g st u d e n t s from the
D r e w area who w e r e a l l o w e d to a t t e n d s c h o o l s closer to their
neighborhood.
A l t e r n a t i v e #1 was the p l a n that the S c h o o l B o a r d
a p p r o v e d , with the m a j o r i t y of the s t u d e n t s going to Bar c r o f t .

Mrs.

Syphax,

Attorney,

and

A t t a c h m e n t 3 c o n t a i n s the m o t i o n
a p p r o v e d by the Board.

A t t a c h m e n t 4 is
d ated M a y 27, 1983.

the l e gal

opinion

presented

from

by

the C o u n t y

A t t a c h m e n t 5 is a m e m o of M a r c h 20, 1984 from
E v e l y n S y p h a x to Dr. N u n l e y and the data that Dan B r o w n c o l l e c t e d
that year r e g a r d i n g the s t u d e n t s in a t t e n d a n c e at A b ingdon,
B a r c r o f t and Rand o l p h .
T h e r e was a l egal paper p r e p a r e d by C indy
P e r r y at that time.
She is s e n d i n g me a copy of it.
I will
fo r w a r d that to senior s taff w h e n it arrives.
In addi t i o n , on M a y 3, 1984 the S chool B o a r d
a p p r o v e d the foll o w i n g :
" F o l l o w i n g d i s c u s s i o n M r s . S y p h a x m oved
that the B o a r d s u p p o r t the c o n t i n u e d a s s i g n m e n t of the ten black
stu d e n t s in third g r a d e at B a r c r o f t and not send them to schools
in N o r t h A r l i n g t o n , and that they be a l l o w e d to c o m p l e t e sixth
g ra d e at B a r c r o f t - s e c o n d e d by Mrs. N u c k o l s - p a s s e d 4-0."
My
u n d e r s t a n d i n g of the s i t u a t i o n at the p r e s e n t time is that those
s t u d e n t s who w e r e in t hird g r a d e in 83-84 are still in a t t e n d a n c e
at B a r c r o f t .
The t hird g r a d e s t u d e n t s of the fol l o w i n g year went
to the a p p r o p r i a t e N o r t h A r l i n g t o n schools.
See the last a t t a c h m e n t s , p ages 6 and 8 of
ASD 25-6.01, s p e c i f i c a l l y i n s t r u c t i o n a l transfers. Se c t i o n
F. l a ( 5 ) , r e g a r d i n g the p e r c e n t a g e of b l a c k students.
HDG-cf
Att.

3/3

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          <element elementId="50">
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            <description>A name given to the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18534">
                <text>Memo to Dr. Arthur W. Gosling from Henry D. Gardner re "Drew Area Students vis-avis Barcroft," February 27, 1986</text>
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          <element elementId="41">
            <name>Description</name>
            <description>An account of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18535">
                <text>Memo to Dr. Arthur W. Gosling from Henry D. Gardner re "Drew Area Students vis-avis Barcroft," February 27, 1986 and supplementary material. </text>
              </elementText>
            </elementTextContainer>
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          <element elementId="48">
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            <description>A related resource from which the described resource is derived</description>
            <elementTextContainer>
              <elementText elementTextId="18537">
                <text>RG 66, Personal Papers of Henry Gardner</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="39">
            <name>Creator</name>
            <description>An entity primarily responsible for making the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18538">
                <text>Arlington Public Schools</text>
              </elementText>
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            <description>A point or period of time associated with an event in the lifecycle of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18539">
                <text>2/27/86</text>
              </elementText>
            </elementTextContainer>
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                <text>1980s</text>
              </elementText>
            </elementTextContainer>
          </element>
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            <name>Rights</name>
            <description>Information about rights held in and over the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18541">
                <text>This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited.</text>
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                  <elementText elementTextId="18532">
                    <text>A R L I N G T O N P U B L I C S C HOOLS
O f f i c e of the S u p e r i n t e n d e n t

MEMORANDUM

April

TO:

Members

FROM:

A r t h u r W.

RE:

of

Barcroft

16,

1986

the S c h o o l B oard
G o s l i n g

Parent

Requ e s t ,

Grade

3 Students

INTRODUCTION
D uring the m e e t i n g on M a r c h 20, 1986, five pa r e n t s from the
Barcroft
S c h ool
addressed
the B o a r d
on
the
issue
of
school
a t t e n d a n c e areas for c h i l d r e n r e s i d i n g in the N a u c k c o m m u n i t y .
T hey r e q u e s t e d two things:
1.

T hat
third-grade
children
att e n d i n g
the
school
who
r e s i d e in the N a u c k c o m m u n i t y be p e r m i t t e d to c o m p l e t e
their e l e m e n t a r y s ch o o l e d u c a t i o n at B a r c r o f t school.
These
children
otherwise
are
assigned
to
several
different
North
Arlington
elementary
schools
for
g rade s 4-6.

2.

T h a t the s c h o o l d i v i s i o n s tudy
school attendance
for c h i l d r e n
commun it y .

the issues r e l a t e d to
res i d i n g
in the N auck

Staff has r e v i e w e d e n r o l l m e n t data for t hird g r a d e s t u d e n t s
at B a r c r o f t .
C u r r e n t l y t here are 10 s t udents in g r a d e three who
reside
in
the N a u c k
community
and w o uld be a s s i g n e d
to new
s c h o o l s for g r a d e s 4-6.
In
a d d i t i o n , 5 c h i l d r e n are in the selfc o n t a i n e d s p ec i a l e d u c a t i o n p r o g r a m at B a r c r o f t and are el i g i b l e
to m o v e into an upper e l e m e n t a r y p r o g r a m in 1986-87.
Ther e f o r e ,
the total number of s t u d e n t s a f f e c t e d for the 1 9 8 6 - 8 7 s c h o o l year
is 15.
CONSIDERATIONS
A staff team c o n s i s t i n g of the S u p e r i n t e n d e n t , the A s s i s t a n t
S u p e r i n t e n d e n t for O p e r a t i o n s , the A s s i s t a n t S u p e r i n t e n d e n t for
P ers o n n e l ,
and the D i r e c t o r
of S c h o o l / C o m m u n i t y R e l a t i o n s has
r e v i e w e d this request.
T h e team c o l l e c t e d e n r o l l m e n t data for
all
potentially
affected
scho o l s ,
r e v i e w e d the
historical
b a c k g r o u n d r e l e v a n t to s c h o o l a s s i g n m e n t for c h i l d r e n re s i d i n g in
the
Nauck
co m m u n i t y ,
and
i d e n t i f i e d and
discussed
relevant
issues.

�-

2-

Enroilment
data
are a t t a c h e d
s i g n i f i c a n t data are as follows:

to

this

report,

The

most

1.

B a r c r o f t enro l l s 60 s t u d e n t s from the N a u c k community.
Of
the
13
g rade
3
stud e n t s ,
10
are
scheduled
for
r e a s s i g n m e n t in 1986 - 8 7 , and 3 are s c h e d u l e d to remain
at B a r c r o f t .
Barcroft's
b lack s t udent e n r o l l m e n t in
1 985-8 6 r e p r e s e n t s 33.4% of the total s c hool popul a t i o n .

2.

T a y l o r E l e m e n t a r y S c h o o l has 37 black s t udents (6.5% of
the total) of w h o m 7 r e s i d e in the N a u c k c o m m u n i t y .
Of
those 7 students, 3 are e n r o l l e d in s p e c i a l e d u c a t i o n , 2
in g r a d e 4, and 1 each in g rades 5 and 6.

3.

J a m e s t o w n E l e m e n t a r y S c h o o l has 17 b l a c k s t u d e n t s (5.5%
of
the total),
12
of w h o m
reside
in the
Nauck
community.
Of
t hese
12
s tudents,
4
are
s p ecial
education
stud e n t s ;
and g r a d e s
3,
4,
5,
and 6 have
r e s p e c t i v e l y 1, 3, 1, and 3 students.

4.

N o t t i n g h a m E l e m e n t a r y S c h o o l has 19 b lack s t u d e n t s (6.5%
of
the total),
9
of w h o m
r eside
in the
Nauck
community.
Of
t hese
9,
3 are
enr o l l e d
in
s p ecial
educ a t i o n , 1 in g r a d e K, 2 in g rade 1, 2 in g rade 4, and
1 in g r a d e 6.

5.

M c K i n l e y E l e m e n t a r y S c h o o l has 23 b lack s t u d e n t s (6.4%
of
the total) ,
14
of w hom
reside
in the
Nauck
community.
Of the 14 stud e n t s , 8 are sp e c i a l edu c a t i o n
s tudents; 1 each in g r a d e s K, 1, 4, and 5; and 3 in
g r a d e 6.

The h i s t o r i c a l b a c k g r o u n d is c o m p l e x and is d i r e c t l y re l a t e d
to d e s e g r e g a t i o n
efforts.
Students
from the N a u c k c o m m u n i t y
attend,
under
the B o a r d ' s
cu r r e n t
attendance
boundaries,
the
foll o w i n g
schools:
Barcroft,
Tayl o r ,
Jamestown,
Nottingham,
M c K i n l e y , Abin g d o n , T u c k a h o e , G l e n c a r l y n , Ran d o l p h , A shlawn, and
O ak r i d g e .
M os t of the c h i l d r e n atte n d D re w for k i n d e r g a r t e n and
then
are
dispersed
to
se v e r a l
schools.
At
Barcroft,
some
s tu d e n t s from N a u c k stay for g r a d e s 1-6 w h e r e a s o t h e r s a t t e n d the
s c h o o l s o n l y for g r a d e s 1-3.
T h o s e s tudents are s c h e d u l e d to
a t t e n d Taylor, J a m e s t o w n , N o t t i n g h a m , and M c K i n l e y s c hools for
g rades 4-6 b ase d upon their r e s i d e n c e location.
Prior
to
1983-84,
Nauck
community
students
attended
a
specific
elementary
school
for
g r ades
1-6.
For
the
1983-84
s chool year, howe v e r , the B o a r d s h i f t e d all g rades 1-3 students
from
the
a bove
four
North
Arlington
schools
to
Barcroft.
Students
were to
a t t e n d t hese
four schools, however,
for
g rades 4-6.

�-3For the 1 9 8 4 - 8 5 s c h o o l year, the B o a r d p e r m i t t e d s t u d e n t s
from the N a u c k c o m m u n i t y who w o u l d be e n t e r i n g g r a d e 4 to r e m a i n
at B a r c r o f t .
T h e s e s t u d e n t s c u r r e n t l y are in the 5th grade.
W h i l e there are m a n y issues r e l a t e d to s chool a t t e n d a n c e for
c h i l d r e n r e s i d i n g in the N a u c k c o m m u n i t y , the staff team e lected
to focus on t hose issues a s s o c i a t e d w it h the r e q u e s t to a l l o w
c u r r e n t 3rd g r a d e
s t u d e n t s to r e m a i n at
Barcroft
for
g r ades
4-6.
The team r e c o g n i z e s that a d d i t i o n a l and p r o f o u n d issues
e xist re l a t i n g to the broa d e r q u e s t i o n s of K - 1 2 a t t e n d a n c e for
all c h i l d r e n in the N a u c k c o m m u n i t y .
Issu e s and c o n s e q u e n c e s
i d e n t i f i e d in c l u d e the foll o w i n g :
1.

P r o g r a m cont inui ty and a "s en s e of p l a c e . "
_
Permitting
s tuden t s
to r e m a i n at B a r c r o f t w ould
e nhance p r o g r a m
continuity
for
them.
In addition,
s tudents
de v e l o p
stron ger links to a s c hool w hen they c o n t i n u e to a t tend
the same one over a long p e r i o d of time.

2.

P a r e n t access.
B a r c r o f t is e a s ily a c c e s s i b l e to p a r e n t s
of stu d e n t s res i d i n g in the N a u c k c o m m u n i t y .
Principals
of
Ta y lor,
Jamestown,
McKinley,
and
Nottingham
have
stated that very few p a r e n t s from the N a u c k c o m m u n i t y
participate
actively
in
their
schools.
Distance
is
c o n s i d e r e d one s i g n i f i c a n t reason.

3.

Barcroft stability.
P a r e n t s from B a r c r o f t b e l i e v e that
the total s c h o o l b e n e f i t s when t r a n s i e n c y is lessened.
K e e p i n g the N a u c k
3rd g r a d e r s at B a r c r o f t in g rade 4
c reate s a m o r e stable, p r e d i c t a b l e s t u d e n t p o p u l a t i o n
for s ta f f i n g and r e l a t e d school purp o s e s .

4.

Mi nor i ty s t u d e n t m e m b e r s .
The s chool s y s t e m c u r r e n t l y
has s e v e r a l s c h o o l s in N o r t h A r l i n g t o n w i t h o n l y a few
minority students attending.
W h i l e the p r o p o s a l under
consideration
affects
only
15
s t udents,
nevertheless
this small numb e r does i m pact each i n v o l v e d school.

5.

Implications
for
the
intermediate
and
high
scho o l
attendance.
We can a n t i c i p a t e p r e s s u r e to a l l o w these
students
to
continue
with
their
classmates
to
i n t e r m e d i a t e and high s c h o o l s
rather
than to s c h o o l s
lo c a t e d in N o r t h A r l i n g t o n .

6.

P l a n n i n g for f u t u r e years.
This is the s e cond time in
three
y ears
that
this
r e quest
has
come
befo r e
the
Board.
It is r e a s o n a b l e to a s sume that p o s i t i v e a c t i o n
on the c u r r e n t r e q u e s t w i l l lead to similar or more
r e q u e s t s in the future.

�-47.,

I m p l i c a t i o n s for
o ther
elementary
schools.
Several
other
schoo l s
receive
students
from
the
Nauck
comm u nity.
These
sc h o o l s
are
Ashlawn,
Randolph,
T u ckah o e , O a k r i d g e , and A b i n g d o n .
T he A s h l a w n st u d e n t s
a ttend
Randolph
for
grades
1-3,
and
the
Tuckahoe
s t uden t s a t t e n d A b i n g d o n for these grades.

RECOMMENDATIONS
The staff team has c o n s i d e r e d the above
e n r o l l m e n t data.
We r e c o m m e n d two actions:

issues,

history,

and

1.

Assign
current
t hird
grade
s tudents
from
the
N auck
c o m m u n i t y who c u r r e n t l y a t t e n d B a r c r o f t for g r a d e s 1-3
o nly to c o n t i n u e a t t e n d i n g that s chool for g r a d e s 4-6.
Nothing
in this
decision,
however,
precludes
pa r e n t s
from
exercising
all
e x is t i n g
opportunities
for
tran s fers,
inc l u d i n g
the
opportunity
for
a
younger
s iblin g to a c c o m p a n y an o lder s ibling to a d e s i g n a t e d
e l e m e n t a r y s c h o o l in the n o r t h e r n se c t i o n of the County.

2.

D i r e c t the S u p e r i n t e n d e n t to d e v e l o p an issues paper for
B o a r d r e v i e w in fall 1986.
This paper w ould id e n t i f y
issues
rel a t i n g
to s chool
attendance
assignments
for
all
children residing
in the N auck c o m m u n i t y , grades
K-12.

A W G :cb
Attachments
Map
S t u d e n t s e n r o l l e d in A r l i n g t o n s c h o o ls from the D r e w
of 4/2/86
S u m m a r y of C i v i l R i g h t s s t a t i s t i c s as of O c t o b e r 25,

area
1985

as

��ARLINGTON PUBLIC SCHOOLS

STUDENTS ENROLLED IN ARLINGTON SCHOOLS FROM THE DREW AREA AS OF 4/2/86

SCHOOLS

SpEd

K

1

2

3

4

5

6

2

12

TOTAL

14
2
10 . 12

7

6

4

13

3

7

4
1
1

7

5
1

5
1

57
5
60
4
90
2
7
1
12

Elementary
Abingdon
Ashlawn
Barcroft
Barrett
Drew
Glebe
Glencarlyn
Henry
H-B Mont
Jamestown
Key
Long Branch
McKinley
Nottingham
Oakridge
Page
Randolph
Taylor
Tuckahoe

8
2
9
4

Jackson

2

TOTAL ELEM.

5
49

2

13

7

4

1
1

1

1

1

4

8
3

1
3
3

49

1

1
1
1

6

3

1

3

1
2

2
2

3

1

1

3
1

14
9
4

5
1
3

36
7
9

1
6

4

6
2
3

5
1

2
64

46

42

30

33

27

28

319
7

11
28

6
22
1

15
38
1

38

TOTAL INTER.

6
20

9
16

Jefferson
Kenmore
Page
Swanson
Williamsburg
H-B Woodlawn

8

5
8

Intermediate

55

93
9

10

11

12

Wakefield
Wash.-Lee
Yorktown
H-B Woodlawn

25
14
19
2

18
16
24

17
10
14
1

16
5
19

76
45
76
3

TOTAL SR. HI.

60

58

42

40

200

60

58

42

40

612

Sr. High

GRAND TOTAL

TW:pg
4/3/86

49

64

46

42

30

33

27

28

38

55

�ARLINGTON PUBLIC SCHOOLS
Assessment Office
SUMMARY OF CIVIL RIGHTS STATISTICS AS OF OCTOBER 25, 1985

SCHOOLS

NO.

7
a

Abingdon
Ashlawn
Barcroft
Barrett
Drew
Glebe
Glencarlyn
Henry
H-B Kind.
Jackson
Jamestown
Key
Long Branch
McKinley
Nottingham
Oakridge
Page
Randolph
Taylor
Tuckahoe

1

.2

Total Elem.
Jefferson
Kenmore
Swanson
Williamsburg
Total Inter.
H-B Woodlawn
Wakefield
Washington-Lee
Yorktown
Total Sr. High

118
28
.3
78
___
46
■5
13
___ 2___
29
■3
___ 1
242
___ 1 _ _ J._
_
_
.3
59
___ 1___
6
10
___ 1 3 _
116
59
41
16
57
31
46
32
28
9

.1

JLC:pg
10/25/85

7
22.5
9.5
24.1
16.3
3.3
9.4
54.0
16.1
13.0
15.9
4.2
18.6
11.5
11.5
5.5
10.0
8.4
9.9
5.6
7.7

NO.

i

HISF ANIC
%

NO.

%

WH]
NO.

TOTAL

127
28
108
32
114
79
44
111
14
18
17
42
138
23
19
134
6
147
37
30

24.2
9.5
33.4
11.3
29.2
25.7
9.8
30.3
30.4
28.6
5.5
6.7
26.8
6.4
6.5
23.6
1.6
31.5
6.5
8.3

45
42
35
104
32
55
78
66
2
13
5
306
131
31
15
92
15
79
58
22

8.6
14.3
10.8
36.7
8.2
17.9
17.4
18.0
4.4
20.6
1.6
49.1
25.5
8.7
5.1
16.2
4.1
16.9
10.2
6.1

234
196
101
101
229
143
81
129
24
22
273
159
186
263
243
286
317
195
441
282

44.6
66.7
31.3
35.7
58.7
18.1
35.2
52.2
34.9
88.6
25.5
36.2
73.5
82.9
50.2
85.9
41.8
77.6
77.9

525
294
323
283
390
307
448
366
46
63
308
623
514
358
293
569
369
467
568
362

1,068

14.3

1,268

17.0

1,226

16.4

3,905

52.2

7,476

74
151
60
14

13.1
32.2
12.5
3.6

139
85
58
58

24.6
18.1
12.1
15.1

124
54
99
15

21.9
11.5
20.7
3.9

229
179
261
297

40.5
38.2
54.5
77.3

566
469
479
384

299

15.8

340

17.9

292

15.4

966

50.9

1,898

10.2
24.2
14.1
4.8

21
364
143
157

5.1
21.6
9.1
12.4

10
206
343
30

2.4
12.2
21.8
2.4

340
702
864
1,020

82.3
41.7
55.0
80.3

413
1,682
1,571
1,271

1

.2

1

.1

3

.2

3

.2

42
407
221
61

6

.1

731

14.8

685

13.9

589

11.9

2,926

59.3

4,937

1
1

1.1
.9

36
23

38.7
20.4

7
22

7.5
19.5

49
67

52.7
59.3

93
113

2,100

14.5

2,352

16.2

2,136

14.7

7,913

H-B Cont.
Langston Cont.
GRAND TOTALS

NO.

BL^ CK

1H
m
|
1

AS IAN/
PACIFIC ISLAND

3
^

AMER. INDIAN/
ALASKAN NATIVE

16

.1

54.5 14,517

�</text>
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              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="41">
            <name>Description</name>
            <description>An account of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18525">
                <text>Memo to School Board members from Arthur W. Gosling re "Barcroft Parent Request, Grade 3 Students" re placement of third-grade children residing in Nauck being permitted to complete their elementary school education at Barcroft School including supplementary material. 7 pages</text>
              </elementText>
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          <element elementId="48">
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            <description>A related resource from which the described resource is derived</description>
            <elementTextContainer>
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              </elementText>
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          </element>
          <element elementId="39">
            <name>Creator</name>
            <description>An entity primarily responsible for making the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18528">
                <text>Arlington Public Schools</text>
              </elementText>
            </elementTextContainer>
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          <element elementId="40">
            <name>Date</name>
            <description>A point or period of time associated with an event in the lifecycle of the resource</description>
            <elementTextContainer>
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              </elementText>
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          <element elementId="38">
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            <description>The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant</description>
            <elementTextContainer>
              <elementText elementTextId="18530">
                <text>1980s</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="47">
            <name>Rights</name>
            <description>Information about rights held in and over the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18531">
                <text>This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited.</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="43">
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            <description>An unambiguous reference to the resource within a given context</description>
            <elementTextContainer>
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              </elementText>
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  </item>
  <item itemId="1824" public="1" featured="0">
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        <elementSetContainer>
          <elementSet elementSetId="4">
            <name>PDF Text</name>
            <description/>
            <elementContainer>
              <element elementId="52">
                <name>Text</name>
                <description/>
                <elementTextContainer>
                  <elementText elementTextId="18522">
                    <text>ARLINGTON COUNTY SCHOOL BOARD

Item No.
Arlington School Board Information Item
___________________ Barcroft Parent Request, Grade 3 Students
Date Prepared:
4/16/86

Meeting Date

4/24/86

For Information

Meeting Date

5/8/86

For Action

Initiated by:

Parent request to Board

Staff contact:

Dr. Arthur W. Gosling

Explanation of Subject/Issue:
Barcroft school parents have requested the following:
(1)
That third grade children attending the school who reside in the Nauck community be
permitted to complete their elementary school education at Barcroft school.
These
children otherwise are assigned to several different North Arlington elementary schools
for grades 4-6.
(2)
That the school division study the issues related to school attendance for children
residing in the Nauck community.

Super intendent12 Recommendation:
s
(1)
Assign current third grade students from the Nauck community who currently attend
Barcroft for grades 1-3 only to continue attending that school for grades 4-6. Nothing in
this decision, however, precludes parents from exercising all existing opportunities for
transfers, including the opportunity for a younger sibling to accompany an older sibling
to a designated elementary school in the northern section of the County.
(2)
Direct the Superintendent to develop an issues paper for Board review in fall 1986.
This paper would identify issues relating to school attendance assignments for all
children residing in the Nauck community, grades K-12.

Comments:
A staff team consisting of
Operations, Assistant Superintendent
Relations was formed to review this
unanimous in its recommendations for

the Superintendent, Assistant Superintendent for
for Personnel, and the Director of School/Community
request.
The team met on several occasions and is
action to the School Board.

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              <elementTextContainer>
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                  <text>RG 66, Personal Papers of Henry Gardner</text>
                </elementText>
              </elementTextContainer>
            </element>
          </elementContainer>
        </elementSet>
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    <elementSetContainer>
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        <elementContainer>
          <element elementId="50">
            <name>Title</name>
            <description>A name given to the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18514">
                <text>Arlington School Board Meeting, Item E-2, "Barcroft Parent Request, Grade 3 Students," prepared April 16, 1986</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="41">
            <name>Description</name>
            <description>An account of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18515">
                <text>Arlington School Board Meeting, Item E-2, "Barcroft Parent Request, Grade 3 Students," prepared April 16, 1986. Requested third grade children attending the school who reside in the Nauck community be permitted to complete their elementary education at Barcroft School.</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="42">
            <name>Format</name>
            <description>The file format, physical medium, or dimensions of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18516">
                <text>pdf</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="48">
            <name>Source</name>
            <description>A related resource from which the described resource is derived</description>
            <elementTextContainer>
              <elementText elementTextId="18517">
                <text>RG 66, Personal Papers of Henry Gardner</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="39">
            <name>Creator</name>
            <description>An entity primarily responsible for making the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18518">
                <text>Barcroft School parents</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="40">
            <name>Date</name>
            <description>A point or period of time associated with an event in the lifecycle of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="18519">
                <text>4/16/86</text>
              </elementText>
            </elementTextContainer>
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            <description>The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant</description>
            <elementTextContainer>
              <elementText elementTextId="18520">
                <text>1980s</text>
              </elementText>
            </elementTextContainer>
          </element>
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            <description>Information about rights held in and over the resource</description>
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                    <text>H I S T O R Y O F CKEPJTYDALE S C H O O L

T h e h i s t o r y of C h e r r y d a l e S c h o o l is m o r e t h a n J u s t
an a c c o u n t of a b u i l d i n g , a s u c c e s s i o n of y e a r s , a n d a s t o r y o f
a P T A w h i c h s t r u g g l e d t o m a k e its c h i l d r e n ' s e d u c a t i o n m o r e
meaningful.
It is t h e h i s t o r y o f a c o m m u n i t y a n d a c o u n t r y a nd
the v e r y i m p o r t a n t p l a c e a s c h o o l p l a y s i n the g r o w t h and
d e v e l o p m e n t o f both.
In 1 9 0 8 w h e n t he C h e r r y d a l e S c h o o l w a s b u i l t , the
c o m m u n i t y of C h e r r y d a l e w a s c h a n g i n g f r o m a r u r a l b a c k w a t e r to
a thriving village.
More and mo r e of D o r s e y Dona l d s o n ' s c h e r r y
orchards, w h i c h had g i v e n t h e i r name to the community, were
f a l l i n g to t he a x e as n e w c i t i z e n s a r r i v e d v i a t h e W a s h i n g t o n
a n d Old D o m i n i o n E l e c t r i c R a i l r o a d w h i c h w a s c o n s t r u c t e d t h r o u g h
C h e r r y d a l e e n r o u t e to G r e a t F a l l s a n d m a d e c o m m u t i n g t o W a s h i n g t o n
convenient.
The^ f i r s t t r o l l e y h a d m a d e its m a i d e n v o y a g e to
G r e a t F a l l s in 1906.
In 1910, t w o y e a r s a f t e r C h e r r y d a l e w a s b u i l t , the
C l a r e n d o n E l e m e n t a r y S c h o o l (Maury) a nd F o r t M y e r H e i g h t s S c h o o l
(Wilson) w e r e b u i l t .
T h e o r i g i n a l C h e r r y d a l e s c h o o l b u i l d i n g at
3 7 1 0 Lee H i g h w a y is the o l d e s t s c h o o l s t i l l in use in A r l i n g t o n
Coun t y .
No r e c o r d s r e m a i n t o d a y to t e l l us t h e e n r o l l m e n t o f
C h e r r y d a l e d u r i n g t h e s e e a r l y y e a r s b u t we k n o w it w a s o n e o f
the l a r g e s t a n d m o s t i m p o r t a n t s c h o o l s i n t h e C o u n t y o f A l e x a n d r i a
(to b e r e n a m e d A r l i n g t o n in 1920).
B y 1 9 1 2 it w a s one of o n l y
six t e e n schools in the c o u n t y — 12 for whites, ^ for N e g r o e s —
n o n e of w h i c h g a v e I n s t r u c t i o n b e y o n d t h e e i g h t h grade.
B y 1922
it e m p l o y e d t w e l v e t e a c h e r s — m o r e t h a n a n y o t h e r s c h o o l i n t h e
&gt;
C o u n t y — a n d h a d A 3 9 p u p i l s in 13 d i f f e r e n t c l a s s e s . ' " T h e
C h e r r y d a l e S c h o o l d r e w its p u p i l s f r o m a n a r e a e n c o m p a s s i n g the
Maywood, Thrifton, C h a i n Bridge, Woodmont, Dominion Heights,
Hi g h v i e w Park and Cherry d a l e sections.
It w a s i n t h e W a s h i n g t o n
S c h o o l D i s t r i c t , the o t h e r s c h o o l s i n t h i s d i s t r i c t b eing,
Carn e , S a e g m u l l e r a n d H a l l ' s Hill.
S e v e r a l y e a r 3 p r i o r to 1916 the Patrons' L e a g u e o f
C h e r r y d a l e S c h o o l w a s o r g a n i z e d a n d w a s the p r e d e c e s s o r o f the
Parent-Teachers Association.
At the O c t o b e r 1 9 1 6 m e e t i n g of
t he L e a g u e , t h e f i r s t p r e s e r v e d m i n u t e s t e l l us, t he L e a g u e
v o t e d t o p a y a 96 ^ e l e c t r i c l i g h t b i l l a nd a p p r o p r i a t e d $10 to
b u y a c o u c h f o r c h i l d r e n w h o m i g h t b e o o m e ill at s c h o o l .
An
a d d i t i o n a l $ 2.50 h a d t o b e a u t h o r i z e d f o r t h i s p u r c h a s e a t the
n ext m e e t i n g .

�2

In February 1917 the Installation of a telephone In
the school vma authorised, the business, rate on a party line
being $36,00 per annum— up from $24. A toll telephone for the
use of the community was also installed later, adding a small
accumulation of funds for the League.
During the next few years the need for more space
grew drastically— World War I and the importance of Washington
as a world capitol bringing an influx of government employees
to the area. A building program was begun. A new building was
erected to- the west of the old school and an auditorium which
would serve the whole county as a recreation and civic meeting
place was built onto the old Cherrydale School. The Patron's
League purchased 400 chairs and installed lighting flxturos at
a cost of $90 for the auditorium. All the local dignitaries
were invited to a house warming on Juno 11, 1917.
The winter of 1917-1918 was a severe one with a
scarcity of coal which made entertainments at the school
impossible. In November 1917 the League agreed to put gas in
the school building and in the auditorium so that hot lunches
could be served the children in cold weather.
On May 11, 1917 &gt; a constitution and by-laws were
adopted which changed the name "Patron's League" to "ParentTeachers School Association." At the time there were a hardy
36 members, very few of which attended the monthly meetings
with any regularity.
Then as now, the problems of the community and the
country were reflected in the discussions recorded by the PTA.
World War I loomed large in the minds of all U. S. citizens in
1917. The U. S. Food Administration, headed by Herbert Hoover,
wrote the local PTA's urging every housewife to sign a Food
Conservation Pledge Card and requesting their cooperation in
sugar rationing. And in a paroxysm of patriotism the Cherrydale
PTA passed in 1918 a resolution which opposed "the teaching of
the German Language in any school supported by the tax payers
of Virginia."
Some timeless school problems plagued the Cherrydale
PTA even in 1917. There was some discussion about expelling
children for going to the golf links on school days. These
truants were probably to be found at the nearby Washington
Country Club which had moved to its present site in 1907. And
several nasty letters were directed to a local merchant,
Mr. McCormick, about his selling cigarettes to schoolboys.

�3
Mr.•McCormick ignored those letters and finally tha PTA discussed
taking him to court. The records do not reflect whether Mr.
McCormick continued, to accomodate the children in thoir vice or
whether they had to move to a now supplier.
Later, in 1919. tho PTA decided something had to
be done about the speeding on the newly improved Lee Highway
in front of the school. Before this improvement, Lee Highway
(the old C-eorgetown-Fairfax Turnpike) had been alternately a
sea of mud or dust. One .wealthy resident along the road; Mr.
John Clarlc, had earlier become so disgusted with its condition
he had it surfaced with crushed oyster shell all the way from
Eosslyn to hl3 address at 2627 Lae Highway. Washington Avenue
(now Boulevard) was, however, the "main street" of Cherrydale
ac the time.
The Cherrydale PTA was concerned about the beauty of
its community and wrote to the Board of Supervisors about the
empty tar cano left by workmen along Lee Highway which marred
"tha beauty of the landscape"— especially with spring just
around the corner. In 1918 it sponsored a "Clean Up The Yards"
contest in which 86 Cherrydale children participated. One
member complained it was absurd to offer prises for well-kept
grounds when Cherrydale School grounds were in such a
"disgraceful condition."
As the need for more classrooms grew so did the need
for more playground space. In 1917 the PTA had tried to obtain
a right-of-way to the use of the alley Just behind the auditorium
and in 1921 bought an adjoining lot from Mrs. White, the .landowner, for $900 to increase the grounds. An additional $300
was needed to have the area graded and still more money was
required for seeds and plantings. Playground space continued
p o be an acute problem at Cherrydale.
It was not until 1962,
after a concerted and intensive PTA campaign, that at long last
four lots were purchased back of the school. However, this
property was still tied up in litigation in 1964.
By 1921, the Cherrydale PTA was more than just a
concerned parents' group. As landlords of the auditorium, they
profited from its. heavy community use. Dozens of groups met
and performed there so the PTA decided to rent the use of the
piano at $1.00 per function. In 1918-19, $64,00 was gained in
this way, giving an indication of the hub-bub of activity
centered at the school. In 1927 the PTA raised the rates—
charging $5.00 for a series of rehearsals and $2.00 for a
single performance. Finally, in 1924 the PTA went on record

�4
"as disapproving of tha promiscuous renting of the auditorium"
and sent ito objections to the School Board.
In 1920 the ETA went into the moving picture business,
entering into a joint venture with KaJ. King, who showed films
in the auditorium on a regular basis. The enterprise was so
successful that the PTA finally bought tho projector outright
and in 1920-21 made $1832,31» les3 tho expenses incurred for
operators, rental of films and advertising. Presumably, the
Pottcrton's put the PTA out of business when they opened'the
county's first movie house, "Pioneer Hall" at 4018 Lae Highway,
as the records reflect that in 1924 the PTA attempted to dispose
of their projector.
The PTA also raised money by membership dues (50^),
card parties, tag days, candy sales, paper drives, fairs, and
most of all, by sponsoring well-attended dances. This latter
practice was called to a halt in 1927 when the Arlington
County Board of Education decided school property was not the
proper place for such goings on. A Chautauqua held at Cherrydale
in the summer of 1922 netted the PTA $53.07, one-half the proceeds
the other half was given to the Fire Department.
All in all, the treasurer's reports of these years
look like those of a well-run aggressive corporation; however,
the proceeds were devoted to the improvement of the school and
all the time the PTA was expanding and improving the grounds,
buying books and clocks, furniture and furnishings for the
school, which in 1922 had 439 pupils.
A history of Cherrydale School is not complete without
some mention of the Cherrydale Volunteer Fire Department, the
first company in the county. A serious fire around 1905 had
caused the concerned citizens to organize the company. Its
entire equipment consisted of one short ladder and ten roundbottom leather buckets. Two hand-drawn chemical oarts, which
cost $350, were purchased in 1912 and were housed in a shed
behind the school. The present station house was built in 1919,
the initial contribution being made by President and Mrs. Woodrow
Wilson who "bought" a brick, Mora than one PTA meeting was
disrupted by all the men present having to respond to the sound
of the fire siren which the PTA had helped to buy in 1922. In
1923 the Fire Department was allowed to build a 30,000 gallon
cistern on the school grounds; besides heipins the fire fighters,
it was hoped this would help clear up the drainage problems in
the school yard. The Fire Department was still using the school
grounds in 1929 when tho PTA asked it to remove a dangerous iron
tower beside tho school.

�5
Also of historic interest was the establishment of
#1^9 in 1917, by H. 0„ Slower, a member of the
This was one of ths-earliest Boy Scout troops
in the country, being founded only seven years after the national
organisation was formed.

B o y Scout troop
C h e r r y d a l e PTA.

On April 25, 1926, seven years after WWI ended, the
unveiled a memorial stone in the schoolyard in memory of
the men from Chorrydale who lost their lives in the war. This
was a well-publicized event and drew a large crowd.
D.A.K.

The library at Chorrydale School, one of the six
original libraries in the county, was the first and only library
in the area. It was first formally organized by the Cherrydale
League of Women Voters in 1923 which operated and maintained it
as a public service for seven years. In 1931 the PTA took over
its operation, Mrs. Martha Rauh, president of the PTA, being the
librarian. The library was located on the second floor of the
old building and. the public was invited to check out any of its
1,000 volumes. Library cards cost 5fS. In 193° the PTA helped
organize the Cherrydale Library Association and complete control
was given over to this group when it moved to its new quarters
at 3828 Lee Highway in 1938. In 1958 the library building was
condemned and the PTA and other community groups were successful
in their fight to retain a local branch of the library rather
than letting it be combined with the central library as proposed.
In the summer of 1929 Cherrydale was one of the first
schools in the state to initiate a "Summer Round-Up," a campaign
to examine and treat incoming school children in co-operation
with the State Health Department. Doctors examined UU children
ar.d dentists treated 18 pupils at no expense during June of that
year. In 1930, Cherrydale was cited as having the best pre
school examination program in Virginia. A permanent clinic was
established in the school and Summer Round-Ups were held annually,
until at least 195^-. The PTA has continued to conduct annual
health checks for all the children at Cheirrydale.
In October 1926 the Welfare Committee of the PTA
recommended establishing a lunch room in the girl’s basement
where gas was available. A three-burner gas stove was donated
by Mrs. L. A. Little and three barrels of dishes were given by
the Willard Hotel. The PTA decided it couldn't afford a hotwater heater or tubs for dish-washing, so one wonders how
satisfactory, or sanitary, the lunch room experiment was, but
by 1927 the minutes refer to the lunch room as "the cafeteria."
In 1932-33, free milk and 25(^ lunches were being served on a
daily ba3is. As late as 1956 the PTA was still trying to get

�6
a hot-lunch program for Cherrydale, one of only eight schools
in the county without such services. . Finally, in 1958 the
cafeteria wing off the multi-purpose room was completed and
began operations.
The minutes of the FTA from 1916 and those of 1971
reflect many similar concerns:
1.
Grounds— throughout the years the appearance
the school grounds caused constant dissatisfaction among-the
garden-minded members of the Cherrydale PTA. Trees and grass
and shrubs and hedges and flower boxes were planted almost
annually, but the trampling of little feet and lack of care
finally led the PTA to have the entire area surfaced with
asphalt in 1948-1949. The "unsettled boundary of Lee Highway"
.held up the first fence around the school ground in 1925, but
after it was installed it seemed to always need paint and
repairs.
2. Equipment— the Cherrydale PTA's minutes reflect
a generous and up-to-date spirit in acquiring new equipment for
their school. In the 20's sewing machines, athletic equipment,
drinking fountains, a victrola, maps, football standards, song
books, a new piano, a new set of reference books--"The Bookhouse
a hectograph for copying papers, a new stage curtain, and many
more useful articles were bought for the school. In the 30's,
furniture, musical instruments, music, field trips and more
books were paid for during these depression years. In the
40's, 50's and 60's the library fund became a part of the annual
budget, so also did the Safety Patrols, organized in 1937— the
PTA buying raincoats and sending some children to camp each year
3. Health— besides standing behind a strong athletic
program the Cherrydale PTA ha3 always helped disseminate
knowledge and literature concerning the health of children. In
1926 the new Shlck Test for Diptheria was explained and promoted
The Summer Kouna~Up became an annual PTA function and the .PTA
paid for several tonsillectomies for needy children in 1928-31.
In 1935 the school opening was delayed for two week3 as a
precaution asainst Infantile paralysis having been brought into
the county by people on vacation.
4. Safety— traffic on Lee Highway has always worried
the PTA and from the beginning it has Jangled the ear of the
authorities for more and better traffic regulations around the
school. In April 1929 a gala "Safety Pagent" was sponsored by
the PTA in which the Safety Patrols and Eire Laddies played
prominent roles.

�7

5.
PTA Membership— from the beinning one of the ma
concerns of the PTA has been how to attract members ana next how
to get them to come to the meetings— on time. In the first
pi-oserved minutes* October 13* 1916, we find the secretary of
the then Patron's League complaining about tardiness!
"But,
'Hope' springing eternal in the human breast causes us not to
diepair. And, sometime everybody will be present at the opening
hour."
Membership drives have dominated the history of the
Cherrydale PTA— almost annually we see a kernel of active members
trying to come up with a better idea of how to gain new members.
Perhaps the lowest point was reached in 1925 when there were only
11 paid members of the group. The next year Miss Elliot, the
principal, facetiously suggested giving a child whose parents
attended the meeting an "E" in his weakest subjeot of that
month. Instead a $20 loving cup was purchased and passed to the
best represented class each month. By 1930 there were 233
members, showing the effectiveness of either the loving cup or
the persistence of the membership chairmen.
,
The PTA song in the 20's and 30's was "Our Battle
Hymn for Children" with which the meetings were opened. Card
parties* lawn parties, talent nights, cake sales, square dances,
fairs, plays, carnivals, minstrel shows and entertainments of
all sorts lured the non-members to join the PTA through the
years as the stalwart group tried to perpetuate itself. In 1973.,
the Cherrydale PTA boasts 186 members, attesting their success.
In 1928 the Woodmont School, built in 1926, was
affiliated with the Cherrydale PTA and was supported by its
treasury and organization for several years and maintained
close ties until at least 1934.
In 1929 there was a proposal afoot to use the old
Cherrydale School as a house of detention or a "School for
Incorrigibles." The Cherrydale PTA would not hear of it and
soon the plan was dropped.
In 1939— 41 Cher?cydale was one of the few schools in
Arlington which offered classes in religious education for those
students desiring to take it.
The old Cherrydale School building was renovated in
19511 the entire interior being gutted and rebuilt. When the
school year started in 1958, the 286 students were all crowded
into the old building, attending classes in a double shift-8-12; 12:30-4. The 1917 building was being completely renovated

�8
after years of agitation by the ETA. The dedication of the now
building was January 18, 1959 and the sorely tried teachers and
students once again could stretch out a bit and get down to
work bcX'ore ‘te school year was over.
In I960 Cherrydale was designated as a kindergarten
center and was home-base for 100 five-year-olds from the Monroe,
Wilson and Cherrydale areas. No bus service was budgeted for
their transportation so the FTA had to arrange car pool3.
Playground space was critical at this time ar.d it was then that
the School Board was finally persuaded to buy the four lot3
behind the school between Oakland and Nelson Streets.
In 1565-66 the Arlington School Board concluded that
the many small, old schools which clustered around the Lee
Highway corridor were inefficient and uneconomical and suggested
consolidation. Planning and study groups were formed under the
aegis of the School Board, and PTA' s from nine to ten schools
were called upon to consider the situation and come up with an
overall plan for the future of the schools in the area. After
many meetings and much soul searching, the Cherrydale PTA
decided the old school had to be abandoned.
In 1971, new school boundaries were drawn and
finalised splitting the Cherrydale School district into three
parts— Page School, the new Glebe school to be ready in 197172, and the new Uocdmont School to be ready in 1972-73. In the
meantime Cherrydale will be used as a kindergarten through
third grade for the Woodmont School district during 1971-72.
On May 18, 1971, the Cherrydale PTA held its final
meeting. One can not help but wonder how many children, eager
or reluctant, learned to read and write here and learned the
first ABC's of good citizenship over the years. . One thing is
certain, all the children, wherever they now may be, can take
a full measure of pride in their school's unswerving devotion
to progress end its extraordinary tradition of civio responsibility
which have characterized Cherrydale School and made it a leader
in this community for 63 years.
Compiled and written by Judith A. (Mrs. Peter S.) Taylor, Kay, 1971
Sources:
Notes and minutes of the Patron's League and PTA of Cherrydale
School, October 13, 19l6~precent; Eleanor Lee Templeman, Arlington
Heritage:__Vignettes of a Virginia County. 1959; Dorothy Ellis Lee,
A jit;.to.-v of Arlimt o n County. Vi r inf a, 19J
;
l6: L e s l i e L. Shelton,
"Fire Lighting in Arlington County,'' The Arlington H i s t o r i c a l
Magazine, Vol. II (October, 1961), pp. 50-57.

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                    <text>Juno 3„ 1971

Mrs* Fetor S. Taylor
1819 llorth Lincoln Street
Arlington, Virginia 22207
Dear Mrs. Taylors

f o
t

On behalf of the school system and the School Board 7
.
should like to offer our congratulations on the excellent
"History of Chcrrydale School".which you have recently written.
This dociirr.ent reflects careful research combined with excell
and interesting writing and results in a source material tha
should bo of great value to all those interested in the history
of Arlington County.
we are taking the liberty of placing copies of this
document in the official Board files in order that it may be
available through the years to all interested persons.
Sincerely yours.

Robert L. Chisholm
Superintendent
RICib/s
cct Mr. Stiss, Social Studies

i

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                    <text>A R L IN G T O N C O U N T Y , V IR G IN IA
D E P A R T M E N T OF LIB RA RIES
1015 N O R T H Q U IN C Y S T R E E T
A R L IN G T O N . V IR G IN IA 2 2 2 0 1

L E L IA B . S A U N D E R S
D IR E C T O R O F L IB R A R IE S

(7 0 3 ) 5 2 7 -4 7 7 7

J U D IT H S E G E L
A S S IS T A N T D IR E C T O R

J uly 16, 1984

R o ta ry C lu b o f A rjifig to n
George W alz, P r u d e n t
P.O. Box 1 2 7 /
A r lin g t o n / A 22210

5

Dear Mr. Walz:

Y o ur o rg a n iz a tio n undoubtedly has m inutes, m ee tin g announcements, new sletters,
scrapbooks and photographs w hich are im p o rta n t to keep and to re fe r to o cc a sio n a lly, but
w hich are not used re g u la rly in the day-to-day business of your group. We w ish to rem in d
you th a t your lib r a r y serves as a deposito ry and a "keeper" fo r such papers and records.
Its C oum m unity A rc hiv e s Program has tra in e d a num ber of vo lun teers to pro vide p r e lim
in a ry arrangem ent and preserva tio n o f m anuscript and a rc h iv a l records, and the L ib ra ry
has been a llo te d space in a closed school for th is program . I t is also a p p ly in g fo r grant
assistance fo r a co o rdina to r and fo r m a te ria ls to operate th is im p o rta n t service. The L i
brary's C o m m unity A rc hiv es program is designed fo r non-governm ental records — those
from th e many o rgan izatio n s, lik e yours, w hich have had an im p o rta n t p a rt in A rlington's
developm ent, h is to ry , and q u a lity o f lif e . O rg a n iz a tio n a l records placed w ith the L ib ra ry
are acce ssib le to mem bers o f th e do n atin g group when the y w ish to re fe r to an e a r lie r
a c t iv it y and to researchers do ing com m unity research. T h is is a us e fu l se rvice to con
tin u in g and v it a l co m m unity groups w here o ffic e rs change re g u la rly , w hich have no
perm anent "headquarters" b u ild in g , whose records need system a tic o rg a n iz a tio n or pre
se rv a tiv e measures and w hich need to be accessible fo r re fe re n ce , and whose records are
an im p o rta n t p a rt o f our community's histo ry.

�A rlin g to n C ounty D ep a rtm e nt o f L ib r a rie s
V irg in ia n a C o lle c tio n Request fo r C o m m un ity A rc hiv e s
J uly 16, 1984
Page 2

In a d d itio n to th e C o m m unity A rc h iv e s pro gram , the V irg in ia n a C o lle c tio n o f the
C e n tra l L ib r a ry has p rin te d lo c a l h is to ry and c u rre n t m a te ria ls about A rlin g to n , used
fre q u e n tly by scho la rs, students, lo c a l churches, clubs, neighborhoods, and by genealo
g ists stu d y in g A rlin g to n , it s in s titu tio n s and fa m ilie s . Y o ur o rg a n iz a tio n a l h is to rie s and
your n e w sle tte rs are an im p o rta n t resou rce, and we urge you to co n tin ue in c lu d in g the
V irg in ia n a C o lle c tio n on y o ur m a ilin g lis t fo r these v a lu ed m a te ria ls.

We w ould also lik e to have you t e ll yo ur in d iv id u a l mem bers th a t our Com m unity
A rc hiv e s program seeks person a l papers, photographs, fa m ily h is to rie s o f A rlin g to n ia n s ,
maps, newspapers, fa m ily records, business records - as lo ng as they p e rta in to A rlin g to n .
Because o f th e very inten se in te re s t in our C ounty h is to ry from it s re s id e n ts, students,
scho lars, fa m ily h is to ria n s , and p lan n ers, i t has become very im p o rta n t to c o lle c t a ll we
can lo c a te about it s p eo p le, homes, businesses, and neighborhoods. C heck your fa m ily
papers and photo c o lle c tio n , and i f you have ite m s o f in te re s t and do not w ish to p art
w ith the m , th e lib r a r y can make copies. H e lp us to docum ent th e many phases o f A r lin g
ton's h is to ry .

S in c e re ly ,

L e lia B. Saunders
L ib ra ry D ire c to r

LBS/tg

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