Conversation of the Week LXXVIII: Federal Court Requesting More on Mississippi Desegregation Plan

April 4, 2014
Written by Jack Elliott Jr. - Associated Press in
National Collegiate Dialogue
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The 5th U.S. Circuit Court of Appeals is asking a Mississippi judge to explain the reasons for adopting a freedom of choice plan, and to explain how such a plan will desegregate the school system.
The 5th U.S. Circuit Court of Appeals is asking a Mississippi judge to explain the reasons for adopting a freedom of choice plan, and to explain how such a plan will desegregate the school system. Photo Credit: theatlantic.com

A federal appeals court has asked a Mississippi judge to explain how a freedom of choice plan will desegregate the Cleveland, Miss., school system.

The government had argued last month before a 5th U.S. Circuit Court of Appeals panel in New Orleans that U.S. District Judge Glen Davidson in Oxford, Miss., erred in ordering the Cleveland public schools to adopt a "freedom-of-choice" desegregation plan as a remedy for failing to desegregate formerly predominantly black schools.

The government said the evidence shows the plan would not effectively desegregate the schools.

The desegregation case dates back to 1965, when plaintiffs sued the Bolivar County school system, including Cleveland, to end white-only and black-only schools. The school system has been under oversight of federal courts ever since.

A three-judge panel of the 5th Circuit agreed Tuesday with the government - to a point. The panel on Tuesday asked Davidson for a "more explicit explanation of the reasons for adopting the freedom of choice plan, and/or for consideration of the alternative desegregation plans proposed by the parties, as appropriate."

Jamie Ferguson Jacks of Cleveland, the attorney for the Cleveland School Board, did not immediate response to a request for comment.

In 2011, the Cleveland school district petitioned the court to remove it from federal oversight.

In the 1960s, school districts across the South were sued for discrimination and given desegregation orders, which put them under the scrutiny of the Justice Department. A dozen or more school systems in Mississippi have petitioned federal courts to come out from under such orders.

In Cleveland, two middle schools and two high schools have co-existed for decades. One set is all black; the other, school officials say, is well-balanced for race.

Numverous school systems in Mississippi have petitioned federal courts to come out from under such desegregation orders, school in Hattiesburg, MS among them.

In 2012, the school district filed a proposal to desegregate East Side High School and D.M. Smith Middle School. The school system wanted to introduce magnet programs at both schools to help attract white students from Cleveland High School and Margaret Green Jr. High School.

Magnet schools have a specific theme or mission that drives their curriculum, such as fine arts or science. Magnet schools still must be racially balanced.

Instead, Davidson ordered the Cleveland schools to open the two high schools and two middle schools to all students and drop attendance zones defined as one on each side of the railroad tracks that split the town.

"The high school and junior high school students should have a true freedom of choice to attend either high school and either junior high school," Davidson wrote in his 2013 decision.

Davidson had earlier rejected a government's proposal to consolidate the schools.

The 5th Circuit panel said the available statistics show not a single white student chose to enroll at D.M Smith or East Side High after the district court's order, and that historically, over the course of multiple decades, no white student has ever chosen to enroll at D.M. Smith or East Side High. The panel said that raised questions about whether the district court's freedom of choice plan was the most appropriate desegregation remedy.

"However, if the district court's remedy is premised on a conclusion that, aside from the freedom of choice plan, there is nothing more that the District can or should do to desegregate D.M. Smith and East Side High, that conclusion should be justified.

"If the district court's order is premised on avoiding 'white flight' that may occur as a result of other proposed remedies such as consolidation, it must grapple with the complexities of that issue," the panel said.

What do you think about court ordered plans to desegregate schools?

Copyright 2014 The Associated Press.

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Comments

Well.....

Submitted by UCCSWEST-S2014-29 on

I think that if the white students did not enroll at the school even when they had a choice that is their right. Adding programs that the others schools may not have, making the high school and middle school magnet schools could work. There are schools everywhere that have students who normally wouldn't attend that school but come for programs the school offers. This would help desegregate the middle school and high school but I ultimately think the choice is up to the students and their parents, they should not be forced by a court to go to a different school giving up all of the things and people they know.

District 196

Submitted by UCCSWEST-S2014-05 on

The high school I went too in Minnesota was this way. Generally, I would never go to any of the other schools except for the fact that they offered specific classes within the district that varied between schools. My school had offered aviation, which allowed you to partake in receiving your pilots license if you chose to go that route. The school down south offered Forensic Science which offered students the chance to get a head start on criminological interests. Seeing how my interests are quite broad I partook in both which was a good opportunity to make friends of all social classes and races.

What an amazing experience

Submitted by UCCSWEST-S2014-17 on

What an amazing experience that must have been!! Schools everywhere need these types of programs, to allow kids to see what is out there an what they might want to be when they grow up. The problem I see with all this is funding, these programs/teachers were either donated or had to be paid for which most school districts across the country are unable to do.

Well said

Submitted by UCCSWEST-S2014-04 on

I agree with what you are saying, and you have a very valid point. What right do the courts have to force a child to leave all of his or her friends and familiarity behind to attend a school than they wanted to? I believe if schools need to be desegregated, there are much better ways to attack the problem than this.

I agree with your post. It's

Submitted by UCCSWEST-S2014-25 on

I agree with your post. It's hard to get white students to enroll if they haven't already after years of being presented the opportunity. I think there's a better, different way to go about desegregating, like adding programs. If whites are interested in other projects or programs that other schools don't have then it will give more incentive to join those. It is also not a good situation to force this upon people, it's a slow moving process and it can't happen forcefully.

Desegregation

Submitted by UCCSWEST-S2014-22 on

I think the the students should have the right to choose which school they want to go to. I feel that the decision should be left in the hands of the student and the parent based off of what school offers the best curriculum for that child. I feel that the situation at hand should not be left up to a court system. At the same time, the books that I have read for my class has often talked about how whites have been offered more educational opportunities compared to minorities. At this point, race and desegregation in my point of view, should not be the highlight of the what is going on. I feel that the students education no matter where you are should come first and that this should not even be a problem.

Agreed

Submitted by UCCSWEST-S2014-04 on

I absolutely agree with your statement. The educational system should be focused on presenting the best academic experience possible, and leave the problems of race up to the court system and others. The problem with this entire situation is the fact that oftentimes, especially with public schools, the racial makeup of the schools are entirely dependent on the neighborhoods surrounding the school! How can this be changed by the educational system?

Your choice

Submitted by UCCSWEST-S2014-05 on

I think its a good idea to desegregate the schools, though this is assuming that they will not be forced into one school or another against their own will. I enjoy the prospect of specific schools offering classes that others would not, this would appeal to a variety of students. The only problem is that this may not work in a middle school.

I agree with you that

Submitted by PARKS2014-17 on

I agree with you that desegregation is important. Also I do not think if the state and people cooperate each other can fail to do even in the middle school, education towards desegregation but be provided and everything will be just fine.

People like to do things the

Submitted by PARKS2014-06 on

People like to do things the way they have always done them, and often resist change. It would be hard for any student to become one of the first students of their race in a school where they historically did not belong. Like you, I also like the component of the schools offering different classes than each other.

I feel like if the student

Submitted by PARKS2014-04 on

I feel like if the student understands they have a choice and if there is no fear behind their decision, then it should not be up to the state to force them into anything.

Choose

Submitted by UCCSWEST-S2014-04 on

I truly believe that it should be entirely up to the student to determine where he or she should go to school. If they have the means to make it to the school every single day for classes, what right does anyone have to tell them no? Desegregating schools is a bit more difficult than changing policies, as oftentimes schools are primarily one race or another because of the demographics of the neighborhoods surrounding the school itself. We certainly cannot be expected to change the racial makeup of entire neighborhoods can we? It is a noble quest, but I am not sure whether it can truly remedied in this way

changing the racial make up of the society would be effective

Submitted by PARKS2014-16 on

The fact that, most schools' demographics are based on their neighborhoods and as its clearly been stated how the people might be separated by the railroad tracks, its hard to desegregate the schools because it would mess with the convenience and accessibility of schools for the kids. thus the desegregation policy needs not only to be in schools but the societies in which people live in

I think is it fine to give

Submitted by PARKS2014-17 on

I think is it fine to give the students freedom of what is the best for them to for their benefit for ending segregation. But the freedom it is not enough that people have to work on ending segregation not only by giving the students freedom.

School desegregation

Submitted by PARKS2014-02 on

at first when I read that the plan was to give everyone a choice of where to go to school, I thought that sounded like a good idea. They only checked how many white children chose to enroll in the black school, but they did not mention if any black children chose the other school as well. I think integrating a school is a complicated and tricky situation especially if there is something like a railroad track that so easily marks different sides of town. In the end, I think a desegregation plan would be more effective than everyone being given their own choice of where to enroll. Or, another look at consolidation may be in order.

I thought it was a great idea

Submitted by PARKS2014-33 on

I thought it was a great idea when I read it first as well. When I read that no white kids chose to go to the other schools it was no surprise. Being segregated and such for so long would be hard to adjust and try a different lifestyle if you're not comfortable in your environment. I never went to a segregated school, but there were still those groups that stuck together no matter what, basically choosing to not be apart of it. That was their freedom to do so. It seems like the court system was trying to give them the freedom, but it also sounded like they were pushing too hard to get results they wanted rather than seeing what was better for the kids no matter their skin color.

The fact that its the freedom

Submitted by PARKS2014-16 on

The fact that its the freedom of choice for the kids to go to whatever school they decide, and that non of the white kids chose to enroll in D.M.Smith or East Side High raises the awareness of how these kids see these school and how they were raised to know the demographics and culture associated with these schools. And while most of what they know isn't true, they are not willing to take the chance to try out a new experience. I think the desegregation of schools is a good idea but it would take more than a court order to make it happen.

I don't like that desegregate

Submitted by UCCSWEST-S2014-25 on

I don't like that desegregate of schools is being forced. I understand trying to submerge people in different environments but it should be the choice of the student. Especially if the whites haven't chosen to go to the different school than it just shows we should go about it a different way. With that being said I do think we should try something to desegregate schools because we need to show a diverse school, where different students of different race can get the experience of being in a racial diverse school. This situation is all about freedom and equality but in saying so we can't force these kids, we must think of something different.

It is indeed not fair to

Submitted by PARKS2014-16 on

It is indeed not fair to force the desegregation of schools, nevertheless, it is a good idea to try and diversify the schools like you pointed out. After all, diversification is one of the main keys to ending racism. Kids definitely need their freedom of choice but parents should also educate their kids on the importance of meeting new people and what they might learn from one another.

I don't like that desegregate

Submitted by UCCSWEST-S2014-25 on

I don't like that desegregate of schools is being forced. I understand trying to submerge people in different environments but it should be the choice of the student. Especially if the whites haven't chosen to go to the different school than it just shows we should go about it a different way. With that being said I do think we should try something to desegregate schools because we need to show a diverse school, where different students of different race can get the experience of being in a racial diverse school. This situation is all about freedom and equality but in saying so we can't force these kids, we must think of something different.

Agree

Submitted by PARKS2014-01 on

Yes I believe that there should be freedom to choose a school. Also I agree with you that we must do something in order to desegregate school because we really need diversity and tolerance to make a better country and world. Of course it is a hard destion and how you said it also could be a historical issue managed by parents. It is a hard problem to fix but how I expressed in my comment there should be something from goverment to promote that desegregation such as a campaign.

I am not so sure if forcing

Submitted by PARKS2014-32 on

I am not so sure if forcing these schools to desegregate is going to make anything better. Since it is not going to happen on a voluntary basis, this action might backfire to the students. The article hasn't mentioned mentioned anything about the programs of the schools nor their reputation. It only focused on the fact that one half of the school is primarily black.

i think that yes it is the

Submitted by PARKS2014-09 on

i think that yes it is the white students choice to choose or not choose those schools, however, it can also be a choice they are pushed by history and their families. if their families are racist or prejudice then they will push their children to not put themselves in positions that may urge them to associate themselves with those of color.

Family definitely plays a

Submitted by PARKS2014-16 on

Family definitely plays a major role in helping these kids decide to what school they want to go to. and if parents or relatives are biased enough to instill some ideas about some of the schools that aren't favorable, the kids are bound not to chose such schools. And of the society thinks of the black majority schools as low quality,without enough resources, opportunities or better educators, then white kids will not chose to be in such schools.

It is difficult to determine

Submitted by PARKS2014-01 on

Here we have a complicate problem because I always have beileved on free choice and the own chance to determine what you want. How ever here no white people wanted to enroll D.M. Smith or East Side High even when they had the option to. So, what could we do in order to erease the segregation at some places. Personally I still believe that freedom must be the correct way because I dont think that forcing people to share classrooms is going to be the best way to make the comfrotable together. But I believe that there should be a huge advertising campaign to mix ethnicities and do it in a comfortable way to everybody.
Meanwhile those places should keep the free choice style and introduce that campaign slowly to make it get it in the correct way and create tolerance.

Most middle school kids are

Submitted by PARKS2014-16 on

Most middle school kids are still not aware of what they want and so, it really is the choice of the parents to decide where their kids are going to go for high school. And since, the society has been separated between the ethnicity as in Black and White schools, parents will for sure instill ideas in their kids of the few opportunities, lack of better resources or teachers in the black schools. And since its the kids' choice, the process of desegregation will not be easy considering white kids will still want to stay in their white schools and although black kids may want to try out the white schools they will be in fear of being the minority and all the trouble that comes with it and thus avoid it by staying in their black only schools.

You hit a very sensitive and

Submitted by PARKS2014-32 on

You hit a very sensitive and good point. Often segregated schools still exist because White parents send their kids to White school whereas Black families might want to take the opportunity to get education in such a school but they are afraid of the many stories about bullying and disadvantages minority kids can have in predominant White schools.

(De)segregation by choice...

Submitted by UCCSWEST-S2014-12 on

So, we (white people) have proven that given the choice, we will isolate ourselves from other races - always on the erroneous assumption that we are better than they are. This is problematic in our society, because white people have privilege over other races. This means we will fight, intentionally and overtly or not, to maintain our privileges. So, when the desegregation policy is one of "choice," it really is one of white privilege maintenance, because not everyone will have the same choice. Should desegregation in schools be forced by court order? Yes! Otherwise, we white people will continue to be able to maintain our privileged status by choosing to remain ignorant of the humanity of other races. If we are forced into interacting with those we look down upon, we will eventually realize that they are no different than we are. (De)segregation by choice, in a system which privileges one group over others, is still segregation and is the antithesis of social justice.

Good points

Submitted by UCCSWEST-S2014-18 on

You make some good points, UCCSWEST-S2014-12. I appreciate your desire (especially as a white person) to see greater equality and social justice. I completely agree with you.

But, the issue I keep getting stuck on is, Should this be something that is litigated and enforced by the local and national government? I want social justice and for people to be "forced into interacting with those we look down upon," but is that really the way to go about it? I don't know what the right answer is, but it seems as if forcing people to desegregate only exacerbates the issue. Meanwhile, it limits the schooling options for parents and students. I realize the power in the Civil Rights era, but I'm not sure if that's the magic answer... to fight racism with legal pressure.

Forcing a 'free' choice?

Submitted by UCCSWEST-S2014-03 on

I think creating magnet programs is the best way to draw white students into these programs. The government has no right to force students to go to a school for the simple reason of meeting race quotas to improve statistics. The underlying problems (fear, racial stigmas, poor education) need to be addressed rather than just forcing students to attend schools that they don't choose to enroll in.

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