United States District Court, N.D. Mississippi, Greenville Division
SHARION AYCOCK UNITED STATES DISTRICT JUDGE
March 20, 2018, the United States initiated a review of the
Carroll County Board of Education (“District”).
After reviewing the information and data provided by the
District, the United States advised the District that it has
complied with the Court's desegregation orders for a
reasonable period of time and has eliminated the vestiges of
past de jure discrimination to the extent
practicable. Now before the Court is a Joint Motion  for
Declaration of Unitary Status and dismissal filed by the
United States and the Carroll County Board of Education.
United States filed its complaint against the District in
this Court on August 26, 1965. In August of 1966, the Court
approved a freedom of choice plan for the District. One year
later on August 9, 1967, the Court issued a permanent
injunction prohibiting discrimination on the basis of race in
the operation of the school system. Early in 1969, the Court
held that freedom of choice was not sufficient for
desegregation and ordered the District to present a new
compliance with the 1969 Court order, the District presented
a new plan which called for boys entering grades one through
six to attend Vaiden Attendance Center or Marshall Attendance
Center, based on residence, while girls entering the same
grades would attend North Vaiden Attendance Center or J.Z.
George Attendance Center. After a one-year delay, high school
students would be assigned in the same manner. The Court
approved the new plan on May 17, 1969, and ordered the
District to report annually, on or before October 15.
1970, however, the Court ordered the District to devise a new
desegregation plan and semi-annual reports on December 1 and
April 1 of each year. The District complied and presented a
new plan, which called for students residing in Vaiden to
attend North Vaiden Attendance Center for grades one through
eight and Vaiden Attendance Center for grades nine through
twelve. Students residing in North Carrollton would attend
Marshall Attendance Center for grades one through eight and
then J.Z. George Attendance Center for grades nine through
twelve. On June 17, 1971, the Court ordered that class
assignments be made alphabetically to ensure desegregation of
classes and ordered the District to establish a unitary
transportation system. Three years later, on April 16, 1973,
the Court ordered grade one classes to return to each
original school and transferred grades seven and eight to
Vaiden and J.Z. George Attendance Centers.
further action was taken until June 2007, when the Court
approved the creation of magnet schools at Hathorn and
Marshall Elementary Schools. Currently, the District operates
only two schools in a single grade configuration: Marshall
Elementary School (K-5) and J.Z. George High School (6-12).
Accordingly, all kindergarten through fifth grade
students in the District attend Marshall Elementary school,
and all sixth through twelfth grade students in the
District attend J.Z. George High School.
have long recognized that the goal of the school
desegregation process is to promptly convert a de
jure segregated school system to a system without
“white” schools or “black” schools,
but just schools. Green v. Cnty. Sch. Bd. of New Kent
Cnty., Va., 391 U.S. 430, 442, 88 S.Ct. 1689, 20 L.Ed.2d
716 (1968). The standard established by the Supreme Court for
determining whether a school district has achieved unitary
status, thus warranting termination of judicial supervision,
is whether: (1) the school district has fully and
satisfactorily complied with the court's desegregation
orders for a reasonable period of time; (2) the school
district has eliminated the vestiges of past de jure
discrimination to the extent practicable; and (3) the school
district has demonstrated a good faith commitment to the
whole of the Court's order and to those provisions of the
law and the Constitution which were the predicate for
judicial intervention in the first instance. See Missouri
v. Jenkins, 515 U.S. 70, 87-89, 115 S.Ct. 2038, 132
L.Ed.2d 63 (1995); Freeman v. Pitts, 503 U.S. 467,
491-92, 498, 112 S.Ct. 1430, 118 L.Ed.2d 108 (1992); Bod
of Educ. of Okla. City Pub. Sch. v. Dowell, 498 U.S.
237, 248-50, 111 S.Ct. 630, 112 L.Ed.2d 715 (1991).
Supreme Court has identified six areas, commonly known as the
“Green factors, ” which must be
addressed as part of the determination of whether a school
district has fulfilled its duties and eliminated vestiges of
the prior dual school system to the extent practicable: (1)
student assignment; (2) faculty; (3) staff; (4)
transportation; (5) extracurricular activities; and (6)
facilities. Green, 391 U.S. at 435, 88 S.Ct.
1689; see Bd. of Educ. of Okla. City Pub.
Sch., 498 U.S. at 250, 111 S.Ct. 630. The Green
factors, however, are not intended to be a “rigid
framework.” The Supreme Court has approved
consideration of other indicia, such as “quality of
education, ” as important factors in determining
whether the District has fulfilled its desegregation
obligations. See Freeman, 503 U.S. at 492-93, 112
Parties stipulate that the District has satisfied prior
orders with regard to general student assignment and
assignment by class. For the 2018-19 academic year, the
District operates two schools in a single-grade configuration
and enrolled approximately 934 students, as shown below.
J.Z. George High School