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BAKER v. COLUMBUS MUNICIPAL SEPARATE SCHOOL DISTRICT

No. 71-2531.

462 F.2d 1112 (1972)

Bettye Joe BAKER et al., Plaintiffs-Appellees, v. COLUMBUS MUNICIPAL SEPARATE SCHOOL DISTRICT et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 30, 1972.

Attorney(s) appearing for the Case

Shield Sims, C. Darrell Reeves, Sims & Sims, Columbus, Miss., for defendants-appellants.

Stephen J. Pollak, Richard M. Sharp, Washington, D. C., T. H. Freeland, Oxford, Miss., David Rubin, National Education Assn. of the U. S., Ralph J. Moore, Jr., Freeland & Gafford, Oxford, Miss., for plaintiffs-appellees; Shea & Gardner, Washington, D. C., of counsel.

Before RIVES, COLEMAN and DYER, Circuit Judges.

DYER, Circuit Judge:

In January, 1970, Columbus Municipal Separate School District initiated a policy that required teachers hired for the first time during the 1969-1970 school year, and all future teacher applicants, to achieve a combined score of 1000 on the National Teachers Examination (NTE) as a condition of employment. The score requirement excluded proportionally more incumbent black than white teachers. Of the 133 black teachers, 18 were required to take...

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