Joint Report to the Court Regarding the Desegregation Order

The Joint Report was filed on Friday, February 6, 2015, pursuant to the Court’s order of November 12, 2014.

The purpose of getting all of the attorneys together was to allow them to determine if any disparities exist among any of the Green factors.

The Green factors are:  1) student assignment, 2) faculty assignment, 3) staff assignment, 4) transportation, 5) extracurricular activities, and 6) facilities. The Green factors are used to determine whether disparities that could result in segregation within school districts exist.

See this post for more details.

See this information for more about how a district obtains unitary status (meaning a dual system of education…one for white children and one for minority children…no longer exists).

The legal standard to determine if a district has obtained unitary status is documented on page 4 of the filing and is as follows:

The ultimate inquiry in determining whether a school district is unitary is whether the district has: (1) fully and satisfactorily complied in good faith with the court’s desegregation orders for a reasonable period of time; (2) eliminated the vestiges of prior de jure segregation to the extent practicable; and (3) 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.

Both Jefferson County and Hoover City schools are a part of this review. The review of Hoover’s Green factors begins on page 15.

The crux of the statement is that the DOJ nor the NAACP LDF (referred to as the “private plaintiffs”) have not been able to obtain enough information to make a determination on any of the factors. [Updated 2/10/15 2:25 p.m. to add “not” to the previous sentence. Apologies for any confusion.]

It ends with “Given that Hoover currently does not have a permanent superintendent, the timeline [for developing a plan for discussion] is still under review.”