Notwithstanding, Defendants stress that none of the Court's Orders have expressly or implicitly directed Defendants to maintain a particular student race ratio at any school, or to take any action in response to increased black enrollments in the schools. In the Order, the Court explained that the Hillsborough County school system was a segregated system. The Constitution does not require that every school in every community must always reflect the racial composition of the school system as a whole.
The Courts have consistently warned against the application of an inflexible standard of having "no majority of any minority" in a school. See Id. Nevertheless, the district-wide ratios are an important starting point to analyze Defendants' fulfillment of its obligations. Moreover, although schools which have become virtually all one-race "require close scrutiny," they are not per se unconstitutional.
Swann, U. However, their existence in a school system with a history of de jure segregation, establishes a presumption that they exist as a result of discrimination and the burden of proof shifts to the School Board. The Court finds that Plaintiffs' definition of a racially identifiable school is useful and fair. While the phrase "racially identifiable" is useful as a descriptive term, it should not be accorded more weight than it deserves.
Moreover, if the racial identifiability is unrelated to de jure segregation, a court imposed remedy is not justified. Plaintiffs challenge the Magistrate Judge's evaluation of Defendants' evidence concerning the change in demographics in Hillsborough County. Plaintiffs argue that, not only is the change in demographics in Hillsborough County far less dramatic and more incremental than in Freeman, but the identification of pure demographic change is further complicated by the implementation of a Middle School Plan.
Plaintiffs maintain that the Middle School Plan requires considerable change and that the statistical information on the precise demographic effect will not be discernible until the census is available.
Moreover, Plaintiffs argue that Defendants have acted, or failed to act, in a number of ways which has contributed to the racial identifiability of the Hillsborough County schools. Plaintiffs assert that the issue is whether Defendants bear any responsibility for the racial identifiability and, if so, the extent to which Defendants are responsible. As noted above, there are sixteen 16 schools which have become focal points for determining whether or not the school system is unitary.
In , the total population in Hillsborough County was ,, of which, , were white and 66, DX 2 Table 1. During the same year, the total population between the ages of 0 to 17 years old was ,, of which, , were white, and 28, In , the total population in Hillsborough County was ,, of which, , were white and , During the same year, the total population between the ages of 0 to 17 years old was ,, of which, , were white, and 39, Proposed Findings of Fact and Conclusions of Law at Moreover, Plaintiffs point out that, the majority of these schools are 30 percentage points or more above the district-wide black student racial composition.
Conversely, Defendants argue that the increase in the number of schools with a majority black student population is the result of residential patterns and not the product of discrimination by the School Board. Moreover, Defendants argue that Plaintiffs' insistence on the elimination of racially identifiable schools seeks to impose an obligation on Defendants which is not mandated by governing law.
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Defendants emphasize that the Court may only order the elimination of racially imbalanced schools when the racial imbalance was caused by an unlawful de jure policy of the school district. Defendants' recitation of the law is correct. In Freeman, Supreme Court evaluated a district court's role in supervising a school system where demographics are the cause of racial imbalances and stated:. Freeman, U.rikonn.biz/wp-content/2020-05-11/come-vedere-iphone-originale.php
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Accordingly, in the case at hand, the issue is whether the racial imbalances in the school district have a causal link to the de jure violation being remedied. The Court is not convinced that a shift in demographics and residential patterns explains the racial imbalance in the Hillsborough County School system. Defendants have failed to adequately discharge their affirmative duty to eliminate the dual system "root and branch. Defendants have failed to prove that the racial imbalances are not traceable, in a proximate way, to the past de jure segregation.
All of the schools in Hillsborough County were desegregated as of the school year.
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Furthermore, each of the sixteen 16 schools, which are currently considered racially imbalanced, was predominately white following the desegregation Order. Since that time, the School Board has implemented numerous attendance changes which altered the racial composition of the schools district-wide. However, these sixteen 16 schools have increased their black student populations relatively quickly after the school year and their enrollments have become disproportionate to the system-wide race ratios.
The first boundary changes made to Robles' attendance zone took place during the school year. The boundary change which affected first through fifth graders included transferring fifty-three 53 black and seventeen 17 white students from Robles Elementary to Browards Elementary. In addition, eight 8 black and three 3 white sixth graders were transferred to Potter Elementary. Significantly, no other boundary changes were implemented that would have affected Robles' attendance zone.
Defendants changed Cleveland's attendance area for the school year to encompass a portion of Potter Elementary's attendance zone and the parameters of the attendance area were redrawn. For the school year, Defendants made boundary changes which affected first through fifth graders by adjusting the parameters of the attendance zone. All sixth grade students were moved to the Potter attendance zone. For the school year, 12 black and 12 white students were reassigned from Sulphur Springs Elementary to Cleveland and the parameters of Cleveland's attendance zone were readjusted.
No other boundary changes were implemented that would have affected Cleveland's attendance zone. The first boundary change affecting Edison's attendance zone was implemented for the school year. Twenty-one 21 white and ninety-four 94 black students were transferred from Edison to Claywell Elementary. No other boundary changes were implemented that would have affected Edison's attendance zone.
The first boundary change affecting Graham's attendance zone was implemented for the school year.
Graham received thirteen 13 black first through sixth graders from the Gorrie satellite, pursuant to a student assignment change. The first boundary change affecting Oak Park's attendance zone was implemented for the school year.
During the school year, there was a satellite transfer made from Oak Park to DeSoto Elementary and there was a satellite transfer from Gary to Oak Park Elementary. These satellite transfers were implemented in order to close Gary Elementary. During the school year, one 1 white and ten 10 black first through fifth graders were transferred from Oak Park to Alafia Elementary School as the result of a needed cluster adjustment. The actual racial composition of the students in attendance for the school year was not available when Defendants submitted their materials.
Defendants do not dispute the fact that no boundary changes were specifically made to reduce the racial imbalance. Instead, Defendants attribute the increase in the black student populations at the sixteen 16 schools to demographic changes in attendance zones and contend that, as a result, no changes were required. Census data is unavailable for changes occurring after Notwithstanding, Defendants assert that when they have made changes to the attendance patterns for reasons other than race, the racial composition of the schools was a paramount consideration. Conversely, Plaintiffs maintain that there has been relatively little change in the racial composition of the Hillsborough County school district as a whole since Plaintiffs argue that during the period when the number of racially identifiable schools increased, Defendants opened and closed schools which created new attendance zones.
Plaintiffs contend that, when the initial decisions were made, for example, to construct a new school, the principal concern should have been desegregation; the problems of overcrowding could have been adjusted accordingly. Plaintiffs argue that Defendants' obligations include, inter alia, considering the construction and abandonment of school facilities, and drawing attendance zones so as to affirmatively promote desegregation of the school system.
Plaintiffs argue that mere neutrality is not an option. In addition, Plaintiffs assert that over the course of this litigation, Defendants altered existing attendance zones and redeployed inner-city satellite zones from school to school. Consequently, Plaintiffs argue, Defendants were provided with an opportunity to address existing racial identifiability in the school system; however, Defendants failed to take advantage of those opportunities.
Furthermore, Plaintiffs emphasize that the attendance zones were changed infrequently for the schools which are now racially identifiable; therefore, Defendants' failure to act has contributed to this racial imbalance in the schools. Moreover, Plaintiffs argue that, other techniques used to improve the racial compositions at schools in Hillsborough County, such as the assignment and reassignment of satellite zones, were not used to reduce the percentages of black students at schools such as Robles.
As a result, Plaintiffs assert that this Court must determine whether Defendants have been affirmatively seeking to integrate the Hillsborough County school system with respect to all of the factors outlined in Green, from until the present.
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Hillsborough County is the 12th largest school district in the country. For the school year, the county consisted of public schools. Moreover, Defendants argue that, although the modifications have been made for reasons other than race, Defendants had no obligation to improve racial balances if the imbalances were not caused by either prior or present action of the School Board.
Defendants assert that, upon implementing their desegregation plan, none of the schools in Hillsborough County had a black majority population for the school year. Defendants argue that, Plaintiffs' demand that: "all racially identifiable schools be eliminated," is contrary to the mandates of the Constitution.
Defendants argue that they are not required to maintain a specific ratio at each school in the County. Defendants admit that the schools which are now majority black schools and which are the focus of the Plaintiffs' Motion to Enforce Order, have steadily increased their black population over the course of this litigation; however, Defendants attribute this increase to the change in demographics, rather than, any action or inaction by the School Board.
Defendants contend that the only issue is whether the racial imbalances are traceable to the prior violation. During the unitary status hearing, Defendants' expert, Dr. Clark, testified about the differences in growth rates between the black and white populations of children 0 to 17 years old. T2 at From to , the growth of the black population was almost twice as fast as the growth of the white population.
Clark explained that the growth in both segments of the population, as a whole, makes it possible to keep racial balance within a reasonable boundary. However, according to Dr. Clark, the differential growth rate of the black 0 to 17 population indicates that the black school-age population was increasing proportionately faster, making it more difficult to keep the schools racially balanced. Significantly, Dr. Clark testified that changes in the populations did not occur uniformly across the county. Therefore, according to Dr. Clark, any schools within the inner-city areas that are neighborhood schools, will reflect racial compositions similar to that of the composition of the inner-city areas.
Nevertheless, Dr. According to Dr.
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Defendants' Exhibit 8 geographically depicts the attendance zones of the racially imbalanced schools and clearly demonstrates that the schools which have become racially identifiable are located in the same vicinity as other schools with high black enrollments. Although there are additional adjustments which can be made to improve racial balance, the improvement would be at the expense of neighboring schools which are on the verge of becoming racially identifiable.
Tr 2 at In , the Robles attendance zone was comprised of 2, children between the ages of 0 to DX 2 Table 4. During this time, Significantly, by , the Robles attendance zone was comprised of 2, children between the ages of 0 to 17, by this time, Clark emphasized that, while the total population of an area was not experiencing dramatic increases, the black population of school-aged children was increasing dramatically.
T2 at 46 ; DX 2 Table 4; Figure In , Cleveland's attendance zone was comprised of 1, children ages 0 to During this time, only 46 2.