Case: Coppedge v. Franklin County Board of Education

5:65-cv-01796 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Dec. 8, 1965

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 8, 1965, the plaintiffs filed this school desegregation suit in the U.S. District Court for the Eastern District of North Carolina. The plaintiffs, a group of African-American schoolchildren, brought suit against the defendant Franklin County Board of Education to enjoin the operation of a segregated school system. They were represented by, among others, Jack Greenberg and Derrick A. Bell (for the NAACP Legal Defense Fund). The United States intervened as a plaintiff on January 20, …

On December 8, 1965, the plaintiffs filed this school desegregation suit in the U.S. District Court for the Eastern District of North Carolina. The plaintiffs, a group of African-American schoolchildren, brought suit against the defendant Franklin County Board of Education to enjoin the operation of a segregated school system. They were represented by, among others, Jack Greenberg and Derrick A. Bell (for the NAACP Legal Defense Fund). The United States intervened as a plaintiff on January 20, 1966.

Prior to the 1965-66 school year, the Franklin County school system was wholly segregated. Attempts in 1963 and 1964 to desegregate resulted in violence and threats. Beginning in the 1965-66 school year, the Board adopted a freedom of choice desegregation plan pursuant to the Civil Rights Act of 1964. It became clear, however, that the Board had no interest in sincerely pursuing desegregation through this—or any—means, and the freedom-of-choice plan did little to alter the status quo.

After the lawsuit was filed, the district court (Judge Algernon Butler) heard the plaintiffs' motions for a preliminary and permanent injunction and began discussions with the Board on workable desegregation plans. The Board's use of freedom of choice plans continued through 1967 in the face of "marked hostility to school desegregation . . . and wide publicity [as well as] acts of intimidation, threats and reprisals against Negro parents who . . . requested reassignment of their children to previously all-white schools." Coppedge v. Franklin County Board of Education, 273 F.Supp. 289, 295 (E.D.N.C. Aug. 21, 1967).

Finally, on August 21, 1967, after little progress, Judge Butler ordered the Board to submit a more comprehensive and specific plan for desegregation, not based on freedom of choice, for the 1968-69 school year. The Fourth Circuit affirmed the district court; in doing so, it noted the extent of the threats, intimidation and violence that had, up to then, marked the district's desegregation efforts. It admonished the Board for its woefully inadequate attempts at desegregation, concluding that the Board had done virtually "nothing." Coppedge v. Franklin County Board of Education, 394 F.2d 410, 412 (4th Cir. Apr. 8, 1968).

In the summer of 1968, the district court ordered the Board to submit new desegregation plans for the 1968-69 school year. The Board, of course, applied for a stay pending appeal of those orders, claiming administrative difficulties. The district court rebuffed that argument. Surveying the situation, it concluded

The defendants' conduct in this case, including the submission of desegregation plans manifestly incompatible with the letter and spirit of the orders requiring their submission, is a reflection of the marked community hostility to desegregation which brought about the initial rejection by this Court and the Court of Appeals for the Fourth Circuit of defendants' freedom of choice plan. It is now well settled, however, that community hostility to desegregation, even in the form of the probability or threat of white pupils fleeing from districts in which Negroes significantly outnumber them, does not provide a legal defense against desegregation.
Coppedge v. Franklin County Board of Education, 293 F.Supp. 356, 363 (E.D.N.C. Aug. 22, 1968). The Fourth Circuit affirmed the decision. 404 F.2d 1177.

Through the 1970s and into the 1990s, the case remained fairly stagnant, with the Board submitting its annual reports. The district court issued two more orders in that period, in 1970 and 1978, modifying the desegregation plans. In 1996, however, the district court (at this point Judge James Fox) determined that the Board was not in compliance with several aspects of the previous orders. As a result, it entered a new order.

By 2002, the Board claimed that it had made sufficient progress towards desegregation, so it moved for a dismissal of the case and a declaration of unitary status. Judge Fox granted that motion in part (declaring unitary status in areas such as school transportation, facilities and faculty desegregation) but denying it in others (notably, student assignment). In 2003 and 2005, the district court entered two more orders, updating the Board's plans relating to the areas of the case that remained open.

On September 29, 2017, the case was reassigned to Judge Louise Wood Flanagan. The parties filed an initial joint motion for unitary status on January 12, 2018, which was not approved. Their follow-up motion for partial unitary status on December 14, 2018, on the other hand, was approved on December 18. The district was declared unitary in the following areas: desegregation of staff, academic achievement, advanced course offerings and enrollment, special education programs, and student dropouts. The court retained jurisdiction over the remaining compliance areas, including discipline.

As of April 2020, the case remains on-going.

Available Opinions

Coppedge v. Franklin County Board of Education, 273 F.Supp. 289 (E.D.N.C. Aug. 21, 1967)

Coppedge v. Franklin County Board of Education, 394 F.2d 410 (4th Cir. Apr. 8, 1968)

Coppedge v. Franklin County Board of Education, 293 F.Supp. 356 (E.D.N.C. Aug. 22, 1968)

Coppedge v. Franklin County Board of Education, 404 F.2d 1177 (4th Cir. Dec. 5, 1968) (en banc)

Coppedge v. Franklin County Board of Education, 345 F.Supp.2d 567 (E.D.N.C. Oct. 5, 2004) (dispute over attorneys’ fees)

Summary Authors

Greg Margolis (2/27/2017)

Alex Moody (4/15/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6297556/parties/coppedge-v-the-franklin-county-board-of-education/


Judge(s)

Boreman, Herbert Stephenson (West Virginia)

Bryan, Albert Vickers (Virginia)

Butler, Algernon Lee (North Carolina)

Butzner, John Decker Jr. (Virginia)

Craven, James Braxton Jr. (Virginia)

Flanagan, Louise W. (North Carolina)

Fox, James Carroll (North Carolina)

Haynsworth, Clement Furman Jr. (South Carolina)

Sobeloff, Simon E. (Maryland)

Winter, Harrison Lee (Maryland)

Judge(s)

Boreman, Herbert Stephenson (West Virginia)

Bryan, Albert Vickers (Virginia)

Butler, Algernon Lee (North Carolina)

Butzner, John Decker Jr. (Virginia)

Craven, James Braxton Jr. (Virginia)

Flanagan, Louise W. (North Carolina)

Fox, James Carroll (North Carolina)

Haynsworth, Clement Furman Jr. (South Carolina)

Sobeloff, Simon E. (Maryland)

Winter, Harrison Lee (Maryland)

Attorneys(s) for Plaintiff

Bell, Derrick A. Jr. (New York)

Chambers, J. LeVonne (New York)

Greenburg, Jack (New York)

Pearson, Conrad O. (North Carolina)

Simpson, William G. Jr. (North Carolina)

Stein, Adam (North Carolina)

Attorneys(s) for Defendant

Davis, John W (North Carolina)

Jolly, W M (North Carolina)

Sturges, Conrad Boyd III (North Carolina)

Tucker, Irvin B (North Carolina)

Yarborough, E.F (North Carolina)

Other Attorney(s)

Abbot, Megan G (District of Columbia)

Acker, G Norman III (North Carolina)

Breen-Portnoy, Ceala Eloise (District of Columbia)

Daniel, Tamica (District of Columbia)

Doar, John (District of Columbia)

Kassabian, Tamara Hardney (District of Columbia)

McCarthy, Emily H. (District of Columbia)

Renfer, R. A. Jr. (North Carolina)

Royster, Joshua B. (North Carolina)

Documents in the Clearinghouse

Document

5:65-cv-01796

Docket

Coppedge v. The Franklin County Board of Education

Oct. 15, 2019

Oct. 15, 2019

Docket

5:65-cv-01796

Opinion and Order

273 F.Supp. 289

Aug. 21, 1967

Aug. 21, 1967

Order/Opinion

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh

Coppedge v. The Franklin County Board of Education

U. S. Court of Appeals for the Fourth Circuit

394 F.2d 410

April 8, 1968

April 8, 1968

Order/Opinion

5:65-cv-01796

[Order]

293 F.Supp. 356

Aug. 22, 1968

Aug. 22, 1968

Order/Opinion

12752

[Order]

U. S. Court of Appeals for the Fourth Circuit

404 F.2d 1177

Dec. 5, 1968

Dec. 5, 1968

Order/Opinion

5:65-cv-01796

Order [Regarding Motion to Dismiss]

Coppedge v. The Franklin County Board of Education

June 24, 2002

June 24, 2002

Order/Opinion

5:65-cv-01796

Consent Decree (2003)

Jan. 1, 2003

Jan. 1, 2003

Order/Opinion

5:65-cv-01796

[Order]

345 F.Supp.2d 567

Oct. 5, 2004

Oct. 5, 2004

Order/Opinion

5:65-cv-01796

Consent Decree (2005)

May 6, 2005

May 6, 2005

Order/Opinion
33

5:65-cv-01796

Order

Coppedge v. The Franklin County Board of Education

Dec. 18, 2018

Dec. 18, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6297556/coppedge-v-the-franklin-county-board-of-education/

Last updated Aug. 2, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

Prior Paper Docket. All future filing and docketing will be done through CM/ECF. (Edwards, S.) (Entered: 05/12/2011)

May 9, 2011

May 9, 2011

24

ORDER denying 22 Motion For Declaration of Partial Unitary Status and for Approval of Stipulation. The parties are DIRECTED to confer and develop a form of notice in accordance with enumerated criteria, to file same within 21 days hereof, and thereafter to make joint report and file any renewed motion all as provided by this court. The clerk is DIRECTED to return comment letter delivered February 2, 2018, to the court on behalf of Mr. Ira Harris to this commentator, so that Mr. Harris may, if he wishes, provide his comments to the parties directly for their consideration in accordance with the foregoing procedures where there is no procedural mechanism now in place for lodging any comments directly on the courts docket. Signed by District Judge Louise Wood Flanagan on 2/6/2018. (Collins, S.)

Feb. 6, 2018

Feb. 6, 2018

RECAP
2

MOTION to Substitute Attorney by United States of America. (Attachments: # 1 Text of Proposed Order) (Edwards, S.) (Entered: 05/12/2011)

May 9, 2011

May 9, 2011

Motion Submitted to Senior Judge James C. Fox: 2 MOTION to Substitute Attorney. (Edwards, S.) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

4

MOTION to Withdraw as Attorney by United States of America. (Attachments: # 1 Text of Proposed Order) (Daniel, Tamica) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

Motion Submitted to Senior Judge James C. Fox: 4 MOTION to Withdraw as Attorney . (Foell, S.) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

5

ORDER granting 4 Motion to Withdraw as Attorney. Attorney Tamica Daniel terminated. Signed by Senior Judge James C. Fox on 7/29/2013. Copies served to the parties as listed in this matter. (Edwards, S.) (Entered: 07/29/2013)

July 29, 2013

July 29, 2013

6

ORDER regarding Reports A through S (10/25/2013 Report). The Franklin County Board of Education is ORDERED to file the October 25, 2013 report on or before December 12, 2013 in the CM/ECF system. All future reports must be filed using the CM/ECF system. Counsel is reminded to read the order in its entirety for detailed information and deadlines. Signed by Senior Judge James C. Fox on 11/12/2013. (Edwards, S.) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

7

STATUS REPORT 2012−2013 School Year by The Franklin County Board of Education. (Sturges, Conrad) (Entered: 12/08/2013)

Dec. 8, 2013

Dec. 8, 2013

NOTICE TO COUNSEL regarding: 7 Status Report. Counsel is reminded that on all future pleadings filed, the document must state the court and division in which this action was pending, bear the case number and contain the caption of the case. See Local Rule 10.1 for the Eastern District of North Carolina which may be obtained on our website at www.nced.uscourts.gov. (Edwards, S.) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

Submitted the Status Report at 7 to Senior Judge James C. Fox for his review. (Edwards, S.) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

8

STATUS REPORT 2014 by The Franklin County Board of Education. (Attachments: # 1 Supplement Status Report A−I, # 2 Supplement Status Report J−S) (Sturges, Conrad) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

Document submitted to Senior Judge James C. Fox: 8 2014 Status Report. (Grady, B.) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

9

STATUS REPORT 2015 by The Franklin County Board of Education. (Attachments: # 1 Appendix Part H, # 2 Appendix Part K, # 3 Appendix Part L, # 4 Appendix Part A and Certificate of Service) (Sturges, Conrad) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

Document Submitted to Senior Judge James C. Fox: 9 Status Report. (Grady, B.) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

10

STATUS REPORT 2016 by Defendant The Franklin County Board of Education (Attachments: # 1 Affidavit 2016 Annual Report Parts A−D(2), # 2 Affidavit 2016 Annual Report Parts E−I, # 3 Affidavit 2016 Annual Report Part J, # 4 Affidavit 2016 Annual Report Part K, # 5 Affidavit 2016 Annual Report Part K (cont), # 6 Affidavit 2016 Annual Report Parts L−R, # 7 Affidavit 2016 Copy of 2003 Consent Order) (Sturges, Conrad) Modified on 10/18/2016 to clarify docket text. (Grady, B.) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

Document submitted to Senior Judge James C. Fox: 10 Status Report. (Grady, B.) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

11

TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to United States District Judge Louise Wood Flanagan for all further proceedings. Senior United States District Judge James C. Fox is no longer assigned to the case. All future filings shall reflect the revised case number of 5:65−CV−1796−FL. Signed by Peter A. Moore, Jr., Clerk of Court on 9/29/2017. (Hockaday, A.) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

12

STATUS REPORT 2017 Annual Report by The Franklin County Board of Education (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit) (Sturges, Conrad) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

NOTICE OF DEFICIENCY regarding 12 Status Report − Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. Additionally, counsel failed to identify each exhibit or attachment pursuant to Section L(2)(b) of the Court's Electronic Policies and Procedures Manual. Counsel is instructed to refile the document making sure that each attached exhibit is properly identified using a complete description in the docket entry text. (Tripp, S.) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

13

STATUS REPORT by The Franklin County Board of Education (Attachments: # 1 Exhibit 2003 Consent Order, # 2 Exhibit Part A number/percentage of enrolled students by race as whole and by school, # 3 Exhibit Part B number by race/school of Majority/Minority transfers, # 4 Exhibit Part C1 number by race/school of intra district transfers excluding maj/min transfers; Part C2 number by race/school of denied intra district transfers, # 5 Exhibit Part D1 number by race/school of transfer to district from outside district;Part D2 number by race/school of denied outside transfers; Part D3 number by race/school of district students request out of district transfer, # 6 Exhibit Part E number/percentage of staff employed by race/position/school/grade level, # 7 Exhibit Part F cert/noncert Central Office staff by position/race, # 8 Exhibit Part G list of staff postion by race/school filled by new hire/promotion within last 12 months, # 9 Exhibit Part H initiatives implemented to recruit/retain black personnel, # 10 Exhibit Part I list by school of advanced courses and number by race enrolled/completed/passed course, # 11 Exhibit Part J1 number by race/school of out of school suspensions(with repeat offenders) & top 5 indidnets including repeat and non repeat offenders; Part J2 individual students receiveing out of school suspensions(unduplicated); Part J3 repeat offenders; Part J4 number by race/school of students given option of alternative school, # 12 Exhibit Part K number of students by race/school/grade in gifted/talented programs, # 13 Exhibit Part L number of students by school by race referred for gifted/talented assessment, # 14 Exhibit Part M number of students by race/school/grade/gender classified as having specific learning disability/mental disabled, # 15 Exhibit Part N number of students by race/school/grade/gender referred for assessment for special education program, # 16 Exhibit Part O dropouts by school/race 4 year graduation rates by race/gender;enrollment data for 22 credit program, # 17 Exhibit Part P summary of result of monitoring of programs and steps taken based on monitoring, # 18 Exhibit Part Q practices/procedures identified and shared with schools, # 19 Exhibit Parts R&S other steps taken to comply with order and other information) (Sturges, Conrad) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

NOTICE OF DEFICIENCY regarding: 13 Status Report − Exhibit 1 − 2003 Consent Order is not a complete copy of the Order. Counsel is directed to refile this Exhibit. (Collins, S.) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

Remark − Status Report 13 submitted to District Judge Louise Wood Flanagan for her review. (Collins, S.) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

TEXT ORDER − In adherence to the clerk's 10/18/17 notice, defendants shall file a complete copy of the consent order at issue on or before 10/25/17. Signed by District Judge Louise Wood Flanagan on 10/20/2017. (Collins, S.) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

14

STATUS REPORT Additional Filing for 2017 Annual Report by The Franklin County Board of Education (Attachments: # 1 Exhibit Complete 2003 Consent Order) (Sturges, Conrad) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

Remark − status report 14 submitted to District Judge Louise Wood Flanagan her review. (Collins, S.) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

TEXT ORDER − Where the Franklin County Board of Education ("District") has filed its 2017 annual report in accordance with consent order entered June 17, 2003, detailing efforts to comply until such time as the District's school system is declared unitary, plaintiffs shall review and respond to said report identifying remaining area(s) of noncompliance, if any, on or before December 1, 2017. Defendants shall have 14 days thereafter to reply. Signed by District Judge Louise Wood Flanagan on 10/31/2017. (Collins, S.) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

16

Joint MOTION for Extension of Time to File Response filed by United States of America. (Attachments: # 1 Exhibit Letter from Franklin County Schools, # 2 Text of Proposed Order) (Breen−Portnoy, Ceala) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

Motion Submitted to District Judge Louise Wood Flanagan: regarding 16 Joint MOTION for Extension of Time to File Response. (Collins, S.) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

17

ORDER granting 16 Motion for Extension of Time to File Response to Order entered 10/31/17. The parties shall have up to and including 1/12/18 in which to file their response to the Court's order and to the extent the parties do not file a joint response with the court, the defendant District shall have 14 days thereafter to file a reply. Signed by District Judge Louise Wood Flanagan on 11/13/2017. (Collins, S.) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

18

Notice of Appearance filed by G. Norman Acker, III on behalf of United States of America. (Acker, G.) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

19

STATUS REPORT by The Franklin County Board of Education (Attachments: # 1 Exhibit supplement Sect I Advance Course Enrollment Data, # 2 Exhibit supplement Sect J Discipline, # 3 Exhibit supplement Sect K&L gifted & talented programs) (Sturges, Conrad) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

20

Notice of Appearance filed by Megan G. Abbot on behalf of United States of America. (Abbot, Megan) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

Remark − Status report 19 submitted to District Judge Louise Wood Flanagan for her review. (Collins, S.) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

21

RESPONSE regarding 13 Status Report filed by United States of America. (Breen−Portnoy, Ceala) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

22

JOINT MOTION FOR DECLARATION OF PARTIAL UNITARY STATUS AND FOR APPROVAL OF STIPULATION REGARDING STUDENT ASSIGNMENT Submitted for Court Approval by Franklin County Board of Education and by United States of America (Attachments: # 1 Exhibit Stipulation Regarding Student Assignment, # 2 Exhibit Text of Proposed Order) (Breen−Portnoy, Ceala) Modified on 1/17/2018 to correct event used and designate filing as a motion rather than a stipulation. (Collins, S.) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

23

RESPONSE to Order regarding 17 Order on Motion for Extension of Time to File Response/Reply, Order,, 21 Response, 22 Stipulation, filed by Norine Arrington, Harold Douglas Coppedge, Booker T. Driver, Jr, Frances Narene Driver, Jacquelyn Rose Driver, Jesse L. Driver, Bertha Engram, Paul Engram, II, Charles D. Gill, James Gill, Martha D. Gill, Patricia K. Gill, Charlie H. Jones, Gwendolyn E. Kelley, Margie J. Kelley, Carrie C. McKnight, Nathaniel McKnight, Carl Lee Satterwhite, Jean Carol Satterwhite, United States of America, Regina O. Woodson. (Simpson, William) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

Notice to Counsel regarding: 22 JOINT MOTION FOR DECLARATION OF PARTIAL UNITARY STATUS AND FOR APPROVAL OF STIPULATION REGARDING STUDENT ASSIGNMENT. Counsel is reminded that a Memorandum in Support should be filed as a separate entry using event codes located under "Motions and Related Filings: Responses and Replies". In future filings, be sure to file each pleading separately and link the memorandum to the underlying motion. No need to refile at this time. (Collins, S.) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

Motion Submitted to District Judge Louise Wood Flanagan: regarding 22 MOTION for Declaration of Partial Unitary Status. (Collins, S.) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

26

Joint MOTION Approval of Notice Form regarding 24 Order on Motion for Miscellaneous Relief filed by United States of America. (Attachments: # 1 Notice Form (Newspaper), # 2 Notice Form (Parents), # 3 Text of Proposed Order) (Breen−Portnoy, Ceala) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

Motion Submitted to District Judge Louise Wood Flanagan: regarding 26 Joint MOTION Approval of Notice Form regarding 24 Order on Motion for Miscellaneous Relief. (Edwards, S.) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

34

STATUS REPORT by The Franklin County Board of Education (Attachments: # 1 Exhibit Majority to Minority transfer, # 2 Exhibit out of school suspensions, # 3 Exhibit Gifted and Talented program, # 4 Exhibit Assessment for Gifted & Talented program, # 5 Exhibit Monitoring of Academic Achievement/Discipline, # 6 Exhibit Additional steps towards achievement, # 7 Exhibit 2003 Consent Order, # 8 Exhibit 2018 Court Order) (Sturges, Conrad) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

27

ORDER granting 26 Joint Motion Approval of Notice Form - Signed by District Judge Louise Wood Flanagan on 2/27/2018. (Tripp, S.)

Feb. 27, 2018

Feb. 27, 2018

RECAP
28

Response (non motion)

Oct. 15, 2018

Oct. 15, 2018

PACER
29

Notice of Substitution of Counsel

Oct. 22, 2018

Oct. 22, 2018

PACER
30

Response to Order

1 Exhibit A - Written Comment

View on PACER

2 Exhibit B - Transcript of Public School Board Meeting

View on PACER

Oct. 23, 2018

Oct. 23, 2018

PACER
31

Miscellaneous Relief

1 Text of Proposed Order

View on PACER

Dec. 14, 2018

Dec. 14, 2018

PACER
32

Memorandum in Support

Dec. 14, 2018

Dec. 14, 2018

PACER

Motion Submitted

Dec. 17, 2018

Dec. 17, 2018

PACER
33

Order on Motion for Miscellaneous Relief

Dec. 18, 2018

Dec. 18, 2018

PACER
35

Response (non motion)

1 Exhibit 2018-19 Principal Reports

View on PACER

2 Exhibit 2018-19 Discipline Overview

View on PACER

3 Exhibit In School Suspension Totals

View on PACER

4 Exhibit In School Suspension Unduplicated Totals

View on PACER

5 Exhibit Out of School Suspensions Totals

View on PACER

6 Exhibit Out of School Suspensions Unduplicated Totals

View on PACER

7 Exhibit Vine Academy Totals

View on PACER

8 Exhibit AIG Important Dates

View on PACER

9 Exhibit All Schools 2018-19 High Performer- Nurtured

View on PACER

10 Exhibit Bunn HS Advanced Course Enrollment

View on PACER

11 Exhibit Bunn HS Advanced Courses Compositione

View on PACER

12 Exhibit Early College HS Advanced Courses Composition

View on PACER

13 Exhibit Early College HS Advanced Courses Enrollment

View on PACER

14 Exhibit Franklinton HS Advanced Courses Composition

View on PACER

15 Exhibit Franklinton HS Advanced Courses Enrollment

View on PACER

16 Exhibit Louisburg HS Advanced Courses Composition

View on PACER

17 Exhibit Louisburg HS Advanced Courses Enrollment

View on PACER

18 Exhibit Bunn MS AIG Status of Referrals

View on PACER

19 Exhibit Terrell Lane MS AIG Status of Referrals

View on PACER

20 Exhibit Edward Best ES AIG Status of Referrals

View on PACER

21 Exhibit Franklinton ES AIG Status of Referrals

View on PACER

22 Exhibit Franklinton MS AIG Status of Referrals

View on PACER

23 Exhibit Laurel Mill ES AIG Status of Referrals

View on PACER

24 Exhibit Long Mill ES AIG Status of Referrals

View on PACER

25 Exhibit Royal ES AIG Status of Referrals

View on PACER

26 Exhibit Youngsville ES AIG Status of Referrals

View on PACER

27 Exhibit Bunn ES AIG Status of Referrals

View on PACER

28 Exhibit All Schools - AIG Students by Grade Level

View on PACER

29 Exhibit All Schools- AIG Students by Race, Gender, & Exceptionality

View on PACER

30 Exhibit All Schools - AIG Students with Dual Exceptionalities

View on PACER

31 Exhibit All Schools -Total AIG Students by Race & Gender

View on PACER

32 Exhibit All Schools- Total Percentage of AIG Students by Race & Gender

View on PACER

33 Exhibit All Schools- Total Percentage of AIG Students by Gender

View on PACER

34 Exhibit Bunn ES Spring 2019 AIG Students by Race & Gender

View on PACER

35 Exhibit Bunn HS Spring 2019 AIG Students by Race & Gender

View on PACER

36 Exhibit Bunn MS Spring 2019 AIG Totals by Race & Gender

View on PACER

37 Exhibit Cedar Creek MS. Spring 2019 AIG Students by Race & Gender

View on PACER

38 Exhibit Edward Best ES Spring 2019 AIG Students by Race & Gender

View on PACER

39 Exhibit Early College HS Spring 2019 AIG Students by Race & Gender

View on PACER

40 Exhibit Franklinton ES Spring 2019 AIG Students by Race & Gender

View on PACER

41 Exhibit Franklinton HS Spring 2019 AIG Students by Race & Gender

View on PACER

42 Exhibit Franklinton MS Spring 2019 AIG Students by Race & Gender

View on PACER

43 Exhibit Louisburg ES Spring 2019 AIG Students by Race & Gender

View on PACER

44 Exhibit Louisburg HS Spring 2019 AIG Students by Race & Gender

View on PACER

45 Exhibit Laurel Mill ES Spring 2019 AIG Students by Race & Gender

View on PACER

46 Exhibit Long Mill ES Spring 2019 AIG Students by Race & Gender

View on PACER

47 Exhibit Terrell Lane MS Spring 2019 AIG Students by Race & Gender

View on PACER

48 Exhibit Youngsville ES Spring 2019 AIG Students by Race & Gender

View on PACER

49 Exhibit All Schools 5 Year Comparisions of Referrals

View on PACER

50 Exhibit August 2019 Discipline Update

View on PACER

51 Exhibit All Schools AIG Staff Trainings

View on PACER

Oct. 15, 2019

Oct. 15, 2019

PACER
36

Status Report

1 Exhibit Report A -9 month principal report

View on PACER

2 Exhibit Report A-Raw Data/Spreadsheet

View on PACER

3 Exhibit Report J(1)-Discipline Totals

View on PACER

4 Exhibit Report J(2)-OSS Totals

View on PACER

5 Exhibit Report J(3)-OSS unduplicated

View on PACER

6 Exhibit Report J(4)-ISS totals

View on PACER

7 Exhibit Report J(5)-ISS unduplicated

View on PACER

8 Exhibit Report J(6) Vine Academy

View on PACER

9 Exhibit Report L(ExIV-1)HS Advance Course Narrative

View on PACER

10 Exhibit Report K -AIG narrative

View on PACER

11 Exhibit Report K-AIG Important Dates

View on PACER

12 Exhibit Report K-AIG ID criteria/targeting underrepresented students

View on PACER

13 Exhibit Report K -AIG staff trainings

View on PACER

14 Exhibit Report K -Total enrollment by gender/race

View on PACER

15 Exhibit Report K -All FCS AIG student total percent by race/gender

View on PACER

16 Exhibit Report K -All FCS AIG Student totals

View on PACER

17 Exhibit Report K -FCS LEA totals dual exceptionality face/gender

View on PACER

18 Exhibit Report K -LEA AIG by identification areas race/gender

View on PACER

19 Exhibit FCS high performer/nurtured students

View on PACER

20 Exhibit BunnES total AIG students by id/race/gender

View on PACER

21 Exhibit BunnMS total AIG students by ID/race/gender

View on PACER

22 Exhibit BunnHS total AIG students id/race/gender

View on PACER

23 Exhibit Cedar CreekMS AIG students id/race/gender

View on PACER

24 Exhibit Early HS AIG students by id/race/gender

View on PACER

25 Exhibit Edward Best ES students by id/race/gender

View on PACER

26 Exhibit FranklintonES students by id/race/gender

View on PACER

27 Exhibit FranklintonMS students by id/race/gender

View on PACER

28 Exhibit FranklintonHS students by id/race/gender

View on PACER

29 Exhibit Laurel MillES students by id/race/gender

View on PACER

30 Exhibit Long Mill ES students by id/race/gender

View on PACER

31 Exhibit Louisburg ES students by id/race/gender

View on PACER

32 Exhibit Louisburg HS students by id/race/gender

View on PACER

33 Exhibit Royal ES students by id/race/gender

View on PACER

34 Exhibit Terrell Lane MS students by id/race/gender

View on PACER

35 Exhibit Yougsville ES students by id/race/gender

View on PACER

36 Exhibit Part L All FCS AIG status of referrals

View on PACER

37 Exhibit Part L FCS 5 yr comparison AIG referral by race

View on PACER

38 Exhibit Bunn ES status of referral

View on PACER

39 Exhibit Bunn MS status of referral

View on PACER

40 Exhibit Cedar Creek MS status of referral

View on PACER

41 Exhibit Edward Best ES status of referral

View on PACER

42 Exhibit Franklinton ES status of referral

View on PACER

43 Exhibit Franklinton MS status of referral

View on PACER

44 Exhibit Laurel Mill ES status of referral

View on PACER

45 Exhibit Long Mill ES status of referral

View on PACER

46 Exhibit Louisburg ES status of referral

View on PACER

47 Exhibit Royal ES status of referral

View on PACER

48 Exhibit Terrell Lane status of referral

View on PACER

49 Exhibit Youngsville ES status of referral

View on PACER

50 Exhibit Part P-S DOJ request for information & response

View on PACER

51 Exhibit LEA response to DOJ requests for information

View on PACER

Oct. 13, 2020

Oct. 13, 2020

PACER
37

Status Report

1 Exhibit 1- Discipline

View on PACER

2 Exhibit 2 - Gifted and Talented Program

View on PACER

Dec. 18, 2020

Dec. 18, 2020

PACER

Text Order

March 17, 2021

March 17, 2021

PACER
38

Status Report

Oct. 13, 2021

Oct. 13, 2021

PACER
39

Order

Oct. 15, 2021

Oct. 15, 2021

PACER
40

Extension of Time-Other

Nov. 9, 2021

Nov. 9, 2021

PACER

Motion Submitted

Nov. 10, 2021

Nov. 10, 2021

PACER
41

Order on Motion for Extension of Time-Other

Nov. 10, 2021

Nov. 10, 2021

PACER
42

Response (non motion)

Dec. 4, 2021

Dec. 4, 2021

PACER
43

Status Report

Dec. 17, 2021

Dec. 17, 2021

PACER
44

Extension of Time to File Document

Dec. 17, 2021

Dec. 17, 2021

PACER

Motion Submitted

Dec. 22, 2021

Dec. 22, 2021

PACER
45

Order on Motion for Extension of Time to File

Dec. 22, 2021

Dec. 22, 2021

PACER
46

Status Report

Jan. 11, 2022

Jan. 11, 2022

PACER

Text Order

Jan. 18, 2022

Jan. 18, 2022

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

School Desegregation

Key Dates

Filing Date: Dec. 8, 1965

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

African-American minor school children by and through their parents, with the United States as an intervening plaintiff.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Franklin County, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1966 - None

Content of Injunction:

Busing

Discrimination Prohibition

Hire

Other requirements regarding hiring, promotion, retention

Preliminary relief denied

Student assignment

Issues

General:

Disparate Treatment

Education

Racial segregation

School/University Facilities

Staff (number, training, qualifications, wages)

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run