5 20 87 https://projectdaps.org/files/original/95232e68700f54a419ddd6deb40437a3.pdf 1724f1fa8481273455ecdef96166aef3 PDF Text Text ARLINGTON PUBLIC SCHOOLS Office of the S u p e r intendent MEMORANDUM March 26, 1987 TO: Members of the School Board FROM: Arthur W. Gosling RE: Information Relating to Desegregation Decisions A t t a c h e d are two documents for your information relating to actions taken by the B o a r d on March 19, 1987. 1. Desegregation and Related School A t t e n d a n c e Issues This document summarizes the actions taken by the Board. two reflect actions affecting school a t t e n d a n c e in the year. The third page identifies deve l o p m e n t a l directives gave to the Superintendent. A map of the N a u c k area is reference item. Pages one and 1987-88 school that the Board attached as a This document will be shared with school principals, PTAs, parents, and other interested parties. It will be accompanied, of course, with other descriptive and helpful information to the users of the document. 2. Desegregation Decisions and Required A c t i o n This represents a copy of my notes regarding planning needs during the coming months. During the coming w e e k s Senior Staff will be putting together different teams to carry forward the work identified here. I have discussed with the Board Chairman my thinking about the need to identify one office, with added staffing, to assume the major responsibility for developing both the implementation plans and the longer range policy alternatives for future B o a r d consideration. Please contact me if you have any questions or comments about these materials. AWG:cb Attachment � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 69, Arlington County Public Schools: Desegregation Materials Description An account of the resource RG69 contains information related to the integration of Arlington County Public Schools including the history, redistricting, pupil distribution, and boundary maps. The collection was donated by Lisa Farberstein, Director of Community Service and Public Information for the Arlington County Public Schools Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Memorandum: to Members of the School Board from Arthur W. Gosling, "Information Relating to Desegregation Decisions", March 26, 1987. Description An account of the resource Cover letter for two documents: 1, "Desegregation and Related School Attendance Issues" and 2, "Desegregation Decisions and Required Actions". 2 attachments. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 69, Arlington County Public Schools: Desegregation Materials Creator An entity primarily responsible for making the resource Arlington Public Schools, Office of the Superintendent Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1980s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 69_3_1_11_15 https://projectdaps.org/files/original/c9a3c9131b866a85e8f0bc908e04f460.pdf a9fe44e1df9fc2a3f5ad453e1ae21fc1 PDF Text Text HOFFMAN-BOSTON DESEGREGATION AREA I ntermediate S Senior High Districts TERMINATES 1986/87 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 69, Arlington County Public Schools: Desegregation Materials Description An account of the resource RG69 contains information related to the integration of Arlington County Public Schools including the history, redistricting, pupil distribution, and boundary maps. The collection was donated by Lisa Farberstein, Director of Community Service and Public Information for the Arlington County Public Schools Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Map: Hoffman-Boston Desegregation Area, Intermediate and Senior High Districts, Terminates 1986/87. Description An account of the resource Map: Hoffman-Boston Desegregation Area, Intermediate and Senior High Districts, Terminates 1986/87. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 69, Arlington County Public Schools: Desegregation Materials Creator An entity primarily responsible for making the resource Arlington Public Schools Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1980s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 69_3_1_11_14 https://projectdaps.org/files/original/b0f1c3dc776aecfb19f7f2da24eac274.pdf 5078fe10b35ef96c2ca9363188737023 PDF Text Text HOFFMAN-BOSTON DESEGREGATION AREA Elementary Di s t r i c t s TO CONTINUE AS IS � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 69, Arlington County Public Schools: Desegregation Materials Description An account of the resource RG69 contains information related to the integration of Arlington County Public Schools including the history, redistricting, pupil distribution, and boundary maps. The collection was donated by Lisa Farberstein, Director of Community Service and Public Information for the Arlington County Public Schools Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Map: Hoffman-Boston Desegregation Area, Elementary Districts, To Continue as Is, no date. Description An account of the resource Map: Hoffman-Boston Desegregation Area, Elementary Districts, To Continue as Is, no date. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 69, Arlington County Public Schools: Desegregation Materials Creator An entity primarily responsible for making the resource Arlington Public Schools Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1980s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 69_3_1_11_13 https://projectdaps.org/files/original/6f2edca6d724d62f1997ac78c9786ba2.pdf 457f2f41c5af956115dffc9efbcc3215 PDF Text Text A R L I N G T O N VIEW AREA School D i s t r i c t s 9/87 o � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 69, Arlington County Public Schools: Desegregation Materials Description An account of the resource RG69 contains information related to the integration of Arlington County Public Schools including the history, redistricting, pupil distribution, and boundary maps. The collection was donated by Lisa Farberstein, Director of Community Service and Public Information for the Arlington County Public Schools Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Map: Arlington View Area School Districts, September, 1987. Description An account of the resource Map: Arlington View Area School Districts, September, 1987. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 69, Arlington County Public Schools: Desegregation Materials Creator An entity primarily responsible for making the resource Arlington Public Schools Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1980s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 69_3_1_11_12 https://projectdaps.org/files/original/52cc231e0c1a76f455e5ea5edf391182.pdf e93b40c300d2acc2c75a1dd47397d8d6 PDF Text Text CONFIDENTIAL LEGAL MEMORANDUM ARLINGTON COUNTY, VIRGINIA INTER-DEPARTMENTAL MEMORANDUM November 12, 1986 TO: Arthur W. Gosling, Superintendent of Schools FROM: Cynthea L. Perry, Assistant County Attorney SUBJECT: Changes to Busing Plan You have asked for a legal memorandum explaining the impact of Riddick v. School Board of City of Norfolk, 784 F.2d 521 (4th Cir. 1986), on the School Board's ability to consider changes to the busing plan. You have also asked whether the School Board is bound by the busing plan approved by the federal district court in 1971. The Riddick case indicates that once a school system has eradicated all vestiges of segregation and is unitary, it can modify its busing plans without review by the federal court, absent a showing of an intent to discriminate in the modification of the plans. Therefore, it is my opinion that because the federal district court found that Arlington has a unitary school system the School Board can modify the plan approved in 1971. Care must be exercised in any modification, however, as explained below. Discussion Both Supreme Court precedent and the Riddick case make clear that once a school system has eliminated any vestiges of desegregation and has a unitary system, the school system is not bound to continue to follow every aspect of an earlier courtordered desegregation plan. See, e.g., Pasadena City Board of Education v. Spangler, 427 U.S. 424, 96 S.Ct. 2697 (1976); Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267 (1971). These cases indicate that the School Board is not responsible for demographic shifts in populations which might cause schools to slip out of compliance with the original plan, and accordingly is under no duty to adjust school attendance figures to reflect those changes to maintain the racial balance in schools approved in the plan. Once a school system has achieved unitary status, a court may not order further relief to counteract resegregation that does not result from the school system's intentional discriminatory acts. Vaughns v. Board of Education of Prince George's County, 758 F.2d 983 (4th Cir. 1985). �The Riddick case gives helpful guidance on other points. As you know, in that case, the Norfolk School Board abolished mandatory cross-town busing which had first been required by court order in 1971. In its place, all of the elementary schools became single attendance zones or neighborhood schools. The attendance zones were structured to achieved maximum racial integration. Under the plan, 12 of Norfolk's elementary schools became 70 percent or more black, compared to four under the busing plan previously in effect. Of those 12 schools, 10 became 95 percent or more black. Six schools became 70 percent or more white. The plan also contains a majority-minority transfer option, under which any student assigned to attend a school at which his race constitutes 70 percent or more of the student body can transfer to a school where his race constitutes less than 50 percent of the students, and receive free transportation. The trial court considered this plan and found that the school system no longer operated a dual system. This meant that the plaintiffs had to show that the school board acted with an intent to discriminate in adopting the new plan in order for the action to be found unconstitutional. The court found that the plaintiffs had not satisfied the burden of showing this discriminatory intent. In reaching that conclusion, the district court reviewed six factors which the Supreme Court has held must show freedom from racial discrimination before a school system can be found unitary: faculty, staff, transportation practices, extracurricular activities, facilities and pupil assignment. Green v. County School Board, 391 U.S. 430, 88 S.Ct. 1689 (1968). The district court found that the Norfolk school system is a unitary one. Three of the seven school board members, as well as the superintendent and two of the three regional assistant superintendents are black. The faculty is 56 percent white and 44 percent black. The court also found the staff to be fully integrated. There was no contention that the extracurricular activities, transportation network or school facilities were operated in a dual fashion. In addition, the court found that Norfolk offered legitimate reasons to support the change in busing. The city was concerned that the school system continued to lose white students because of busing, and was concerned about a substantial drop in parental involvement in the PTAs. The Riddick court found that while white flight cannot be used as a reason for failure to dismantle a dual school system, consideration of that factor is permissible in devising a voluntary plan to improve the racial balance in the schools. So too was it legitimate to seek greater 2 �parental involvement in school affairs, the other reason proffered for the busing change. Therefore the appellate court affirmed the district court's decision allowing the change. Once the goal of a unitary school system is achieved, said the Riddick court, the district court's rule ends, and the school system should be left free to manage itself. The Court also pointed out that the concept of a neighborhood school system in and of itself is not violative of the Constitution, citing Crawford v. Los Angeles Board of Education, 458 U.S. 527, 102 S.Ct. 3211 (1982); Swann, supra, 402 U.S. at 28, 91 S.Ct. at 1282; Thompson v. School Board of Newport News, 465 F.2d 83 (4th Cir. 1972). The Riddick holding is a limited one. The court by express terms found it applicable only to those school systems which have succeeded in eradicating the vestiges of c e jure i segregation. In those systems, the school boards and not the federal courts "will run the schools, absent a showing of intent to discriminate." Because the court found the Norfolk School Board had done a reasonable job in seeking to keep its schools integrated in the face of a "massive exodus of white students," the court stated that it would not refuse to allow the school board to try another plan that might be successful in stopping the exodus. Applying the Riddick principles to our case, the Arlington County School Board should be permitted to alter the 1971 courtapproved busing plan. The federal district court approved the plan by its order of August 10, 1971. In that order, the court ruled that the school system was "converted to a unitary system throughout the county." Since Riddick stands for the proposition that a unitary school system should not be required to adhere to a prior court-ordered desegregation plan, we can conclude that the Arlington school system, having been found unitary, need not follow the terms of the 1971 plan. I must add several notes of caution in stating this conclusion, however. First, in the Riddick case, the court found important the continuing oversight by the district court of the Norfolk plan. The district court had retained jurisdication over the case, and hence reviewed progress under the busing plan for four years after the litigation had ended. In the Arlington case, however, the judge reviewed the plan after it had been followed for approximately three months and found at that point that Arlington had established a unitary system. Therefore, one major difference between Arlington's situation and Norfolk's is that in finding Norfolk's system was unitary the Norfolk court was able to evaluate more thoroughly the school system's adherence to and progress under the busing plan, because the court had followed the case for four years. 3 �Second, the Riddick court found the Norfolk school system was unitary after reviewing the six factors identified by the Green case. I lack sufficient information to know what the result would be if those six factors were examined in Arlington, but can examine them if provided the necessary information. In the alternative, of course, someone from your staff can apply these factors to the pertinent data. These differences between the Norfolk and the Arlington cases should not mean that Arlington cannot deviate from the 1971 busing plan. I point out these differences, however, so you are aware that these differences could be identified in an effort to distinguish the two cases and thus contend that the Riddick case does not permit the Arlington County School Board to deviate from the busing plan. Finally, you should also be aware that the Supreme Court declined to review the Riddick case, 55 U.S.L.W. 3311 (U.S. Nov. 4, 1986), and the Riddick opinion therefore is binding precedent in this judicial circuit. At the same time the Court denied review in Riddick, however, it also denied review in a case from the Tenth Circuit in which the appellate court reached conclusions contrary to those stated in Riddick. Therefore, we cannot assume the Supreme Court has endorsed the Riddick opinion by refusing to review it, or that the Supreme Court would come out the same way when a similar issue is before it. The Riddick opinion does stand as good authority in this judicial circuit, however, and supports the conclusion that Arlington can make changes to its busing plan. CLP/jm - 4 - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 69, Arlington County Public Schools: Desegregation Materials Description An account of the resource RG69 contains information related to the integration of Arlington County Public Schools including the history, redistricting, pupil distribution, and boundary maps. The collection was donated by Lisa Farberstein, Director of Community Service and Public Information for the Arlington County Public Schools Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Confidential Legal Memorandum Description An account of the resource Legal memo from County Attorney Cynthea L. Perry to Superintendent Arthur W. Gosling about the impact of Riddick v. School Board of City of Norfolk, 784 F.2d 521 (4th Cir. 1986), on the APS School Board's planned changes to the schools' busing plan, dated November 12, 1986. Source A related resource from which the described resource is derived RG 69, Arlington County Public Schools: Desegregation Materials Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Photograph Collections of the Arlington Community Archives is prohibited. Date A point or period of time associated with an event in the lifecycle of the resource 1986-11-12 Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1980s Identifier An unambiguous reference to the resource within a given context RG69_SG3_S1_F13_Confidential Legal Memo https://projectdaps.org/files/original/968f0261557d16d02428bf6783868d7f.pdf 37fec3c163828530fe45d2b7ea846c61 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 69, Arlington County Public Schools: Desegregation Materials Description An account of the resource RG69 contains information related to the integration of Arlington County Public Schools including the history, redistricting, pupil distribution, and boundary maps. The collection was donated by Lisa Farberstein, Director of Community Service and Public Information for the Arlington County Public Schools Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Summary of Board Actions Taken 3/19/87 Desegregation and Related School Attendance Issues Description An account of the resource Changes to be made per APS school board in the 1987-1988 school year regarding desegregation and other issues. Source A related resource from which the described resource is derived RG 69, Arlington County Public Schools: Desegregation Materials Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Photograph Collections of the Arlington Community Archives is prohibited. Date A point or period of time associated with an event in the lifecycle of the resource 1987-3 Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1980s Identifier An unambiguous reference to the resource within a given context RG69_SG3_S1_F11_Summary of Board Actions March 19 1987 https://projectdaps.org/files/original/290129036c30012d52bace322e7bfa54.pdf 00d81fb6f791ce73161f45adadf6d474 PDF Text Text ARLINGTON PUBLIC SCHOOLS Assessment Office MEMORANDUM TO: April 9, 1987 Larry Grove Gloria Hoffman Nancy King Margaret McCourt-Dirner Bill Michael Sharon Steindam Walt Taylor Tom Weber F R Q M i ^ y ^ J o h n L. Crowder SUBJECT: Implementation of Desegregation Plan As previously announced, the above are scheduled to meet at 2:00 p.m. on April 20, 1987, in the Curriculum Lab located on the second floor of the Education Center. Items to be considered are as follows: 1. Letters to parents for students entering, leaving, and having a choice of schools because of desegregation boundary changes. Please bring sample letters which you recommend for these purposes. 2. Core information to be included within or attached to letters. Please consider using the three page "Summary of Board Actions Taken 3/19/87" plus appropriate maps. 3. Method to be used in sharing the information among principals about entering and leaving students and those with a choice. Please review the attached "Information Sharing to Implement Desegregation Boundary Changes" for possible use. 4. Target dates for accomplishing each step in the information sharing process. Review the "Information Sharing..." attachment and be prepared to suggest dates. Urgency is critical. Elementary principals are requested to being the information they have collected regarding school changes because of boundary changes, especially the information about students changing levels, i.e. elementary to intermediate. Following resolution of the above items, the three elementary principals and Mr. Weber are requested to remain to discuss alternatives to address 1987/88 overcrowding at the three elementary schools, e.g. temporary classrooms, sixth grade to intermediate school. Dr. Gosling has requested �- 2- that the three elementary principals seek input from appropriate constituents, such as members of the PTA, PTA Executive Committee, School Advisory Committee. Since the recommendation to the School Board regarding overcrowding in 1987/88 is due the first meeting in May, the elementary principals are requested to seek the citizen input immediately so that we can arrive at consensus no later than April 22. The recommendation must be placed in the School Board packet one week prior to the May 7 meeting. JLC/ehs DESEG-IMPL Attachment �INFORMATION SHARING TO IMPLEMENT DESEGREGATION BOUNDARY CHANGES 1. All schools review addresses of all students for correct school assignments 'a. Consider the Phasing-in Process described in"Summary of Board Actions Taken 3/19/87" when reviewing school assignments. b. Ascertain school preference for students with options. c. Consult revised boundary maps for appropriate school assignments. 2. Prepare lists of students exiting your building a. Prepare separate list of students with addresses for each receiving school. b. List students' grade placement for next year, 1987/88. c. Send list to receiving principal with copy to Assessment Office. 3. Prepare letter for parents of students changing school assignments with core information supplied by Assessment Office. a. Sending principal prepare letter for parents of students leaving your school. b. Receiving principal prepare letter for parents of students entering your school. 4. Send letters to parents of exiting and entering students. a. Principal's letter b. Core information c. Maps JLC/ehs DESEG-IMPL � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 69, Arlington County Public Schools: Desegregation Materials Description An account of the resource RG69 contains information related to the integration of Arlington County Public Schools including the history, redistricting, pupil distribution, and boundary maps. The collection was donated by Lisa Farberstein, Director of Community Service and Public Information for the Arlington County Public Schools Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Memorandum Re: Implementation of Desegregation Plan Description An account of the resource Memo from John Crowder about implementation of APS's desegregation plan, April 9, 1987. Source A related resource from which the described resource is derived RG 69, Arlington County Public Schools: Desegregation Materials Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Photograph Collections of the Arlington Community Archives is prohibited. Date A point or period of time associated with an event in the lifecycle of the resource 1987-4-9 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1980s Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context RG69_SG3_S1_F11_Memo RE Implementation of Desegregation Plan April 9 1987