SPANGLER v. PASADENA CITY BOARD OF EDUCATION
311 F.Supp. 501 (1970)
United States District Court, C. D. California.
January 22, 1970.
In accordance with the Findings of Fact and Conclusions of Law filed herein:
It is ordered, adjudged, and decreed that the defendants, Pasadena City Board of Education, Mrs. LuVerne LaMotte, Albert C. Lowe, Bradford C. Houser, John T. Welsh, and Joseph J. Engholm, as members of the Pasadena City Board of Education, and Ralph W. Hornbeck, as Superintendent of Schools for the Pasadena Unified School District, and each of them, their agents, officers, employees, successors, and all persons acting in concert or participation with them are enjoined from discriminating on the basis of race in the operation of the Pasadena Unified School District.
It is further ordered, adjudged, and decreed that the above-named defendants, and each of them, their agents, officers, employees, successors, and all persons acting in concert or participation with them are enjoined from failing to prepare and adopt a plan to correct racial imbalance at all levels in the Pasadena Unified School District. Defendants are to submit that plan to the Court by February 16, 1970. The plan shall include programs for the assignment, hiring, and promotion of teachers and other professional staff members in such a manner as to reduce racial segregation throughout the District. The plan shall include procedures to be followed and goals to be attained in connection with the location and construction of facilities, both permanent and transportable, that will reduce racial segregation in the District. The plan shall provide for student assignments in such a manner that, by or before the beginning of the school year that commences in September of 1970 there shall be no school in the District, elementary or junior high or senior high school, with a majority of any minority students. The plan shall indicate specifically the expected enrollment by race, at each school in the District at the time the plan is implemented.
The Court retains jurisdiction of this cause in order to continue to observe and evaluate the plans and the execution of the plans of the Pasadena Unified School District in regard to the hiring, promotion, and assignment of teachers and professional staff members, the construction and location of facilities, and the assignment of students.
Claim for attorneys' fees made on behalf of the plaintiffs is denied.
Plaintiffs' costs are taxed against the defendants, and each of them, in the amount of $____________.
Plaintiff-intervenor's cost are taxed against the defendants, and each of them, in the amount of $___________.
1. By motion after judgment Henry S. Clark was substituted for defendant John Welsh in his capacity of a member of defendant Board. John Welsh resigned his position and he was replaced on the Board by defendant Henry S. Clark.
2. Throughout these findings, and consistent with District practice, the terms Caucasian and white are used to describe Caucasians without Spanish surnames; Black and Negro are used interchangeably; Other refers to Spanish surnamed Caucasians, Orientals, Indians, and all persons of other minority racial or ethnic backgrounds.
3. Throughout these findings, Govt.Ex. is used to refer to Government's Exhibit; Pl.Ex. refers to Plaintiffs' Exhibit; Def. Ex. refers to Defendants' Exhibit.
4. Racial segregation and racial imbalance are two names for the same phenomenon, racial separation. The terms are used interchangeably throughout these findings and conclusions.
5. Page references are to the typed daily transcript.
6. McKinley's enrollment was 1094, its capacity 1210; Washington's enrollment was 1196, its capacity 1278. (Govt.Exs. 1 and 42-B, Ex. 25).
7. The use of "Ex." and a number following another exhibit number denotes an exhibit to a deposition.
8. Until after the Supreme Court's Brown decision in May of 1954, the District maintained four neutral zones in which students were permitted to attend either nearby schools with relatively large numbers of Negro students or more distant, but nearly all-white schools. When the neutral zone policy was abandoned three of the areas were assigned to the nearest schools. Until 1954, the District also permitted white students freely to transfer from schools with predominantly black enrollments to all-white or nearly all-white schools, such as Linda Vista. (Govt.Exs. 10-A, 11-A, 11-B, 88-A).
9. The black administrator at Eliot was there for the 1968-69 school year.