APPENDICES

Appendices are transcribed from Texarkana Gazette articles, TISD school board minutes and TASD school board minutes.

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Appendix I

Texarkana Gazette, “PUBLIC SCHOOL SEGREGATION BANNED: Texarkana’s Reaction to High Court’s Racial Decision Mixed,” May 18, 1954:

The local reaction to the Supreme Court’s ruling against segregation in the public schools was mixed. Some were surprised, others were not. Some were glad, and others were fearful that it had come too soon.

Still trying to digest the significance of the historic ruling, people throughout the city were waiting to see when it would take effect. News of the decision spread rapidly when the announcement was made in the press and over the radio.

A number of high school students came to the newsroom of the Gazette and Daily News during their noon hour to get confirmation of the first report.

Superintendent H.W. Stilwell of the Texarkana, Texas school system had no comment to make. Superintendent W.M. Locke of the Texarkana, Ark. [sic], school system said it presented a situation that would require a lot of thought, cooperation and understanding on the part of everyone.

“We are doing everything possible to equalize our programs,” he said at noon Monday. “I hope everyone will give us time to work out the problems. This is not something that can be worked out overnight.”

The decision came as no surprise to Miller County Schools Supervisor Wallace Ely who said that although it came a little sooner than he expected, “it had to come sooner or later.” He saw it as a natural consequence of the provisions of the Constitution, and he believed the Negroes have prepared the white people somewhat by their service in World War II.

A number of the school trustees contacted Monday afternoon declined to comment on the matter. However, Dr. Karlton Kemp of the Arkansas school board said he did not think nonsegregation would be feasible in the South.

Dr. Kemp said: “I don’t think it is feasible. We are not ready for it, we must work out some logical plan so that we can gradually undertake the status of nonsegregation. The only likely course seems to be that planned by some states… private education,” he said.

“It has been the policy of the school system to try to improve the local Negro schools and we have had nothing but good reports from them regarding that policy. There are more Negro teachers with masters degrees than white teachers with masters degrees in Texarkana.”

State Senator Jack V. Clark, who last December proposed a study of the educational needs of Arkansas, was notified Monday that the committee on education of the Arkansas Legislative Council will meet 9 a.m. Friday in Little Rock.

Clark made a series of recommendations which provided for any reversal of the South’s public school segregation law as happened Monday.

Ben Fort, superintendent of the Bowie County schools [sic], wanted a little time to digest the news. However, he said: “If that’s the court’s ruling, there’s nothing we can do but abide by it.”

The Rev. B.C. Steward, pastor of the Union Hill Baptist Church and a prominent Negro leader said:

“It is most gratifying to know that the Supreme Court of these United States has granted educational equality to 15 million colored Americans. Yet, we realize that this will create a challenge to both the white and colored citizeny [sic] of our section of the country, for tradition cannot be changed without adjustment on both sides.”

“We are hopeful,” the Rev. Stewart said, “that the people of Texarkana and its immediate vicinity will meet this challenge with common sense, a Christian spirit and the realization that we are living in an age of change and that no problem is so great that those with the will and with the intelligence cannot solve.”

John D. Raffaelli, attorney for the Texarkana, Texas, school board, said he would not know the status of the two discrimination cases ruling against the school system until he saw the Supreme Court decision.

“If it abolishes segregation outright, the question becomes [indecipherable]. One of the suits has been pending for five years, and the other for three years.

Raffaelli said the school board would follow whatever is directed by the decision.

“It is going to create a lot of problems that will take a lot of study for their solution,” he said at noon Monday. “I consider that the people of the South… white and black… will regret this decision for many years.”

Robert Htwthorne [sic], an 18-year-old junior at Arkansas Senior High, was more blunt about it.

“I’m moving back to Atlanta, Ga., to go to a private school,” he said. “They’ve been talking about closing up the public schools there if segregation is abolished.”

Hawthorne’s parents live in Atlanta. He’s been staying with a sister here for the past two years.

The Supreme Court ruling was good news to John J. Jones, a foremost Negro leader of Texarkana.

“I hail the decision of the United States Supreme Court ruling out segregation in the public schools and making available to the Negroes equal educational opportunities, and equal protection to all citizens, and every right guaranteed by the United States Constitution.”

Jones hailed “any decision affecting the civil rights of any citizen which will change the status of second class citizenship of the Negroes of this great commonwealth.”

John Wainwright, Negro businessman, greeted the announcement with restrained enthusiasm. “Well, I personally am very glad,” he said. “I think it is the American way that there should be no second rate citizens.”

He did think, however, “that this must be gradual in application.”

“It can’t happen overnight, but I do think we are entitled to it.”

Jauquita Hood of 547 North Arsenal, a student at Texarkana College, said adjustments will have to be made in both races. J.L. Byrd, a college freshman from Simms, said it would be hard for him to accept non-segregation.

Over at Texas Senior High, [Jim] Haltom of 1603 West Ninth, president of the senior class, said “the Negro race is trying to make social advances in 100 years that it took the white race 2000 years to attain.”

Paul Caver, a Razorback football player and president of the Arkansas Senior Class, was succinct. “I don’t believe it will work in the South.”

Another Texas High student, Brooks Fowler, said he did not see why the Negroes would want to attend the white schools “since equal facilities have been provided for them.”

Seventeen-year-old FirmanAlford of Arkansas Senior High said: “I don’t think it will be as bad as it looks. I don’t think the Negroes will want to go into the white schools.”

Margaret Ann Vinson, 17, Arkansas student, said she was glad she was graduating from high school this spring. She too believed it would take time for the people to adjust to the decision.

Cecil Stewart of Dunbar High School for Negroes, a senior, said: “I think that it indicates progress in our American way of life, and there are several economic advantages from the standpoint of eliminating a dual school and having access to the local college.”

Irene Neal of the ninth grade at Dunbar said it would be “beneficial since the expense of going away to school will be eliminated.”

Dempsey Savannah, 19, a senior at Dunbar, said it would be “nice” for all students to go to school together. “I think it will work out.”

Bernestine Hardy, 17, a Dunbar senior, said: “I wasn’t looking for the decision this summer, and I am surprised by the ruling.”

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Appendix II

Excerpt from the TISD School Board Minutes, August 16, 1955 – first statement on integration:

The Board of Education, Texarkana Independent School District, met in regular session on August 16, 1955, in the Office of the Superintendent, with the following members present: Mr. Bain, Mr. Wood, Mr. Kelly, Mr. Jones, Mr. Haltom, Mr. Parker, and Mr. Williams. At this meeting Mr. Moss and Supt. Howard were present. The Texarkana Gazette was represented by Mr. Beasley…

Thereupon there came up for discussion the study being made by the Board with the advice of its attorney on the question of the abolition of segregation in the public schools.

Upon motion by Mr. Williams, seconded by Mr. Woods, the Board issued the following statement:

“The Board of Trustees of the Texarkana Independent School District is continuing its study of the desegregation problem in Texarkana under the Supreme Court decision. It was the unanimous decision of the Board that segregation would not be abolished in 1955.

“Texarkana, Texas, has a fine public school system. Most of its buildings are new and modern, and its construction program is continuing. Three new school buildings for the colored children have been built within the past seven years, and plans have been made to replace the only frame building still being used.

“Both the white and colored schools have won outstanding scholastic and athletic awards. The Board feels that primary responsibility is to see that the school system continues to be operated in the best interests of the school children.

“Our entire school system including its buildings, faculty, student activities, parent organizations, and athletic programs have been carefully built up since the school district was first formed. At all times it has been operated on a segregated basis.

“All records and system of student accounting, as well as its financial support, have been set up by the Texas Education Agency on a separate basis for white and colored students. The Board recognizes, and it should be apparent to all, that there is more involved than changing boundaries or moving students from one building to another.

“One important consideration is the matter of finances. The Gilmer-Aiken Law, under which Texas public schools operate and are financed, provides funds only for schools operated on a segregated basis. Until this law is changed, or the question has been resolved by Court decision, public schools operated in Texas on a non-segregated basis stand a chance of loosing [sic] their State funds. Our schools cannot operate on their present budgets without these funds. We are informed that a suit has been filed in another county in Texas seeking to enjoin the payment of State funds to schools operated on a non-segregated basis.

“The Board invites, and will gladly receive, any suggestion of a constructive nature from individuals or groups. If it becomes necessary, the Board will seek advice and assistance from qualified representatives of both races at the appropriate time.

“Progress of the study being made by the Board will be reported to the public from time to time. However, the Board recognizes its sole responsibility for finally establishing the policy under which the changes will be made, and asks the patience of all concerned.

“In the meantime, the Board will not tolerate or consider any efforts to provoke a premature decision.”

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Appendix III

Letter and Petition from NAACP to TISD, August 4, 1955:

P.O. Box 1395

Texarkana, Texas

August 4, 1955

Mr. Thomas A. Bain, President

Texarkana, Texas School Board

2009 Walnut Street

Texarkana, Texas

Sir:

Attached herewith two sets of petitions in behalf of the Negro parents and their children, residents of Texarkana, Texas, whose children are eligible to attend the public schools of this city, urging the Texarkana School Board to integrate their children in the school system.

Any assistance that we may render in a peaceful manner resolving this problem, feel free to call upon this organization.

                                                            Very truly yours,

                                                            Texarkana Branch N.A.A.C.P.

                                                            By_____________________________

                                                                        E. Melvin Jones – Rec. Sec’y.

                                                                        P.O. Box 1395

PETITION

            We, the undersigned, are the parents of children of school age entitled to attend and attending the public elementary and secondary high schools under your jurisdiction. As you undoubtedly know, the United States Supreme Court on May 17, 1954, ruled that the maintenance of racially segregated public schools is a violation of the Constitution of the United States, and on May 31, 1955, reaffirmed that principle and requires “good faith compliance at the earliest practicable date” with the federal courts authorized to determine whether local officials are proceeding in good faith.

            We, therefore, call upon you to take immediate steps to reorganize the public schools under your jurisdiction on a non-discriminatory basis. As we understand it, you have the responsibility to reorganize the school systems under your control so that the children of public school age attending and entitled to attend public schools cannot be denied admission to any school or be required to attend any school solely because of race and color.

            The May 31 decision of the Supreme Court, to us, means that the time for delay, evasion or procrastination is past. Whatever the difficulties in according our children their constitutional rights, it is clear that the school board must meet seek a solution to that question in accordance with the law of the land. As we interpret the decision, you are duty bound to take immediate concrete steps leading to early elimination of segregation in the public schools. Please rest assured of our willingness to serve in any way we can to aid you in dealing with this question.

            The signing of this petition by me authorizes the Local Branch of the National Association for the Advancement of Colored People to represent me and my school age children in all matters pertaining to the use and enjoyment of the public schools of this community. The NAACP is authorized to secure counsel for us when and where necessary and said counsel may appear before all agencies and administrative boards of this State to represent us; said counsel is authorized to appear in all courts to represent us and protect our rights and interests in the use, and enjoyment of the public schools of this community and this State.

Letter from TISD to NAACP, August 17, 1955:

August 17, 1955

Mr. E. Melvin Jones, Rec. Sec’y.

Texarkana Chapter N.A.A.C.P.

P.O. Box 1395

Texarkana, Texas

Sir:

This will acknowledge receipt of your letter of August 4, in which you enclose a petition signed by 92 parents and students requesting that immediate steps be taken to reorganize the public schools on a non-discriminatory basis.

I should like further to advise you and your petitioners that the School Board has already given many hours of serious study to this subject, and will continue to do so until the matter has been amicably and peaceably resolved in accordance with the decisions of the United States Supreme Court, and applicable laws governing the operations of the schools.

Very Truly yours,

Texarkana, Texas, School Board

By ­­­­­­­­­­­­­­­­­______________________

                                                                        T. A. Bain, President

Letter from National Association for the Advancement of Segregation to TISD,

September 19, 1955:

September 19, 1955

Board of Trustees

Texarkana, Texas Independent School District

Texarkana, Texas

Gentlemen:

Herewith is submitted a petition sponsored by our organization, and with the help and co-operation of the parents and patrons of Texarkana. The petition is self explanatory, and explains the desires and wishes of the people, to the best of our belief.

Our organization is dedicated to must [sic] one thing: the preservation of our culture and way of life through segregation or separation of races, on a sensible and legal basis. We are duly and legally organized, incorporated and chartered under the laws of the State of Texas, and have a registered membership covering some ten states at present, and rapidly extending into other parts of the country.

A recap of history reveals that integration can lead to just one thing ultimately, that being an amalgamation of races. Two prime examples of the dangers of this are illustrated by the tremendous contribution that amalgamation made to the fall of Rome, and also the devastating effect which amalgamation had on ancient Greece. Greece was one [sic] a world power, as well as a center of culture and learning, as you all well know. This era was brought to an end with the complete amalgamation of ethiopian [sic] slaves with native Greeks. Prior to this the Greeks were of fair complexion and were fair haired. We all well know the general appearance of the Greeks now. No longer do the Greeks produce the great world leaders and statesmen nor do they produce any more great philosophers as ancient Greece did.

May God grant that we be spared from this abominable fate.

                                                            Yours very truly,

                                                            Doyle Davis, Jr., Secretary

                                                            National Association for the

                                                            Advancement of Segregation

Letter from TISD to National Association for the Advancement of Segregation,

September 26, 1955:

September 26, 1955

Mr. Doyle Davis, Jr., Secretary

National Association for the

     Advancement of Segregation

Texarkana, Texas

Dear Mr. Davis:

            I have been requested by the Board of Education to reply to your letter dated September 19, 1955, with which you presented sixteen petitions from your Association.

            Your letter was read by me to the Board and the petitions have been placed in the Board File. The representative of the Texarkana Gazette attending our meeting was shown the letter and the petitions. This is the same procedure the Board followed when it received the letter and petitions from the Texarkana Chapter of the National Association for the Advancement of Colored People.

            The Board of Education, after months and months of grave concern and serious consideration, released a lengthy and comprehensive statement concerning the education of Texarkana’s White pupils and Texarkana’s Negro pupils, which is included in the minutes dated August 16, 1955, and which was released to the Texarkana Gazette and appeared, I believe, in the morning issue dated August 17, 1955.

            Among other things this statement included: “The Board of Trustees of the Texarkana Independent School District is continuing its study of the desegregation problem in Texarkana under the Supreme Courts decision. It was the unanimous decision of the Board that segregation would not be abolished in 1955… The Board invites, and will gladly receive, any suggestions of a constructive nature from individuals or groups. If it becomes necessary, the Board will seek advice and assistance from qualified representatives of both races at the appropriate time…. In the meantime, the Board will not tolerate or consdier [sic] any efforts to provoke a premature decision.”

            We appreciate your deep concern over this important matter. The Board appreciates serious concern from all individuals and all groups in Texarkana pointed toward the educational welfare of the boys and girls of our city. The total pupil population is made up of both White and Negro pupil population [sic]. The best educational advantages that can be furnished both sets of pupil population will develop better future citizens for Texarkana.

                                                            Yours very truly,

                                                            T. A. Bain, President

                                                            Board of Education

                                                            Texarkana ISD

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Appendix IV

Excerpt from the TISD School Board Minutes, August 13, 1957 – segregated registration plan:

TEXARKANA INDEPENDENT SCHOOL DISTRICT

Office of the Superintendent

Board of Education

Texarkana Independent School District

Texarkana, Texas

Gentlemen:

            I should like to present the following administrative arrangement that appears feasible concerning scholastic enrollment in our school system for your consideration and further direction.

• Should a Negro pupil appear in the classroom of a White school, the classroom teacher will courteously take the Colored pupil to the Principal’s office. (Same procedure to be applied should a white pupil appear in a Negro school).

• The Principal will telephone the Negro Principal of the Colored school in which the pupil was last enrolled. The Colored Principal will come to the White Principal’s office to receive the Negro pupil for registration in his school. (Same procedure should a white pupil appear in a Negro school).

• On the way to the home school of the Colored Principal and Colored pupil, the Principal might take the pupil to another Negro School for registration, should he be requested to do so, change of residence during the summer of some condition might cause this pupil to prefer registering at a different Colored School. It might be that the pupil might request the Colored Principal to just take him or her home and remark that he or she does not wish to enroll at all. The Principal will so do after talking to the pupil and trying to persuade him or her to go ahead and enroll in some Colored School. Should all efforts to encourage the pupil to register in one of Texarkana’s fine Negro Schools fail, then the child will be permitted to get out of the car and go on into his parent’s house, as by this time the Negro Principal would have reached the residence. The Negro Principal will talk to the parents along the same line of conversation and if the pupil is still not interested in registering in his school, then all efforts will be considered as having failed. In this case, the Visiting Teacher for the Colored Schools will be notified and proper procedures by her will be taken in order to try and get the pupil to attend his home school. (Same procedure should a white pupil appear in a Negro School).

• The Counselor for the Colored Schools will be notified, and the case will be placed in his hands for additional handling.

• The Superintendent’s office will be notified by each Principal involved in any described instance, at all times during the development of the situation.

I have covered these 5 steps thoroughly with all our Principals. They understand every step. The Colored Principals think it is a good administrative arrangement, also. As each Colored Principal has seemed to think, all our Negro children are well satisfied with their home schools and want to attend that school if not influenced to do otherwise. The White Principals and the Negro Principals have said that they do not believe any such instances will arise but have agreed that we should be administratively prepared to meet the situation, in order that it might be worked out as pleasantly as possible for all.

                                                            Sincerely,

                                                                        /s/

                                                            Dale E. Howard

                                                            Superintendent of Schools

* The five points of the above letter were originally adopted in August 1957 and were subsequently adopted each August through 1961. The 1962-1963 school year was the first for which this plan was not revived. It was later referred to as the “Registration Plan.”

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Appendix V

TISD School Board Minutes, May 15, 1958 – Visitation Committee findings regarding school facility improvements and funding:

REPORT OF VISITATION COMMITTEE

May 15^th, 1958

******

The Visitation Committees, having visited all schools in the Texarkana Independent School District, met and discussed in detail the present school plant facilities and a means of correcting the obvious deficiencies.

A program of renovating and of new construction that would care for our present school plant needs and for a normal growth in our schools within the next ten years was discussed and is hereby presented to the Board of Education for its consideration.

This report is a resume’ [sic] of events which have occurred at meetings held following the recent tour of the Texarkana, Texas, school systems by the Visitation Committee composed of two representatives from the white and colored schools’ Parent-Teacher Associations.

Room usage and enrollment charts, plus approximate construction costs were compiled following the tour and were presented to the Visitation Committee for their study and comments. It was gratifying to witness the interest and constructive comments presented by these groups at the meetings.

Discussion centered around the capacity loads now being carried by all elementary schools, the need for additional facilities in the schools, and re-building of those that have deteriorated beyond the point of feasible and economical renovation. It was pointed out that the maintenance program should be greatly increased.

It was also pointed out that the tax rate in the Texarkana Independent School District was considerably lower than that of neighboring cities with comparable population. It was recommended that the Board of Education explore the possibility of selling Central School and using the money for other needed projects.

As a final step, the groups were invited to indicate their preference by number as to what they considered to be the most necessary project. For example, a new building at Highland Park could receive a number “one” or it could receive a number “five” priority. The priority numbers of each member of the Committee were tabulated and given a point value in order to arrive at the overall project priority.

The program is as follows with projects listed in order of their importance as determined by the Committee.

WHITE VISITATION COMMITTEE:

1. Renovation and repairing of schools to be used for some years to come and replacing of antiquated equipment.
   • Renovating and re-equipping the Senior High School science department and renovating the main building of the Senior High School including painting and providing floor covering.
   • Construct at Oaklawn eight classrooms and a cafetorium to replace the old “Aiken School Building.”
   • Construct at Spring Lake Park three general classrooms, two special classrooms and a cafetorium.
   • Construct at Highland Park School ten classrooms, cafetorium, offices, and administrative areas.
   • Construct a new six room elementary school with cafetorium on the “Lumpkin” property.
   • Construct at Newtown School* eight classrooms, cafetorium, offices and administrative areas.
   • Construct at Dunbar High School,* band music and choral rehearsal rooms and art room.
   • Construct at Sunset School* one classroom and cafetorium.
   • Construct at Grim School a new building of eighteen classrooms, offices, and administrative areas.
   • Construct a new Junior High School (to replace Texas Avenue Junior High School) sixteen classrooms, two science rooms, library, audio-visual room, auditorium, cafeteria, gymnasium, manual training and home economics.
   • To provide for a normal growth in the school district in the next 10 years:
     • Six classrooms for Senior High School
     • Ten white elementary classrooms
     • Four Junior High School classrooms
     • Five colored elementary classrooms,* and
     • Five classrooms at Dunbar*

COLORED VISITATION COMMITTEE:

1. Construct at Newtown School* eight classrooms, cafetorium, offices and administrative areas.
2. Construct at Highland Park School ten classrooms, cafetorium, offices, and administrative areas.
3. Construct at Dunbar High School,* band music and choral rehearsal rooms and art room.
4. Construct at Spring Lake Park three general classrooms, two special classrooms and a cafetorium.
5. Construct at Sunset School* one classroom and cafetorium.
6. Construct at Grim School a new building of eighteen classrooms, offices, and administrative areas.
7. Construct a new Junior High School (to replace Texas Avenue Junior High School) sixteen classrooms, two science rooms, library, audio-visual room, auditorium, cafeteria, gymnasium, manual training and home economics.
8. Renovating and re-equipping the Senior High School science department and renovating the main building of the Senior High School including painting and providing floor covering.
9. Construct at Oaklawn eight classrooms and a cafetorium to replace the old “Aiken School Building.”
10. Construct a new six room elementary school with cafetorium on the “Lumpkin” property.

The cost of the above program to the school district, not including the cost of renovation and re-equipping (Item #1 as determined by the white visitation committee) to be approximately $2,000,000.00.

As a final indication of their intense interest in this program, the committee favored petitioning the Board to call an election covering Senate Bill 116 to acquire sufficient funds to make a substantial beginning on the above building program.

PRELIMINARY COST ESTIMATES FOR A BUILDING PROGRAM

VISITATION COMMITTEE

Texarkana Independent School District

C. E. Boyd – Chairman ***** April 21^st, 1958

——————

HIGHLAND PARK SCHOOL:

8 classrooms, multi-purpose room seating 400

offices and administration areas ———————————- $173,000.00

Equipment and teaching aids ————————————– $21,000.00

$194,000.00

OAKLAWN SCHOOL:

8 classrooms, multi-purpose room seating 500

toilet facilities —————————————————–$151,000.00

Equipment and teaching aids ————————————- $19,000.00

$170,000.00

SPRING LAKE PARK SCHOOL:

3 general classrooms, 2 special classrooms,

multi-purpose room seating 400 ——————————– $106,000.00

Equipment and teaching aids ————————————– $13,000.00

$119,000.00

NEW ELEMENTARY: (School site near T.V. Tower and by School District)

8 classrooms, multi-purpose room seating 200,

offices and administration areas ———————————- $135,000.00

Equipment and teaching aids ————————————– $15,800.00

$150,800.00

NEWTOWN SCHOOL:*

8 classrooms, multi-purpose room seating 200,

offices and administration areas ———————————- $135,000.00

Equipment and teaching aids ————————————– $15,800.00

$150,800.00

SUNSET SCHOOL:*

One classroom, multi-purpose room seating 200 —————- $39,000.00

Equipment and teaching aids ————————————— $8,900.00

$47,900.00

GRIM SCHOOL:

18 classrooms, offices and administration areas,

toilet facilities —————————————————— $217,500.00

Equipment and teaching aids ————————————– $18,000.00

$235,500.00

NEW JUNIOR HIGH SCHOOL: (To replace Texas Avenue Junior High School)

16 classrooms, 2 science rooms, library, audio-

visual room, auditorium seating 600, cafeteria,

gymnasium, manual training, home econ. ———————- $510,000.00

Equipment and teaching aids ————————————– $59,000.00

$569,000.00

SENIOR HIGH SCHOOL:

Renovating Science Department ———————————— $8,500.00

Equipment ———————————————————–$11,500.00

Partitioning to provide classrooms for 1958-59 ———————–$850.00

Floor covering and painting in main building ——————— $15,500.00

$36,350.00

DUNBAR HIGH SCHOOL:*

Band, music and choral rehearsal rooms, one art room ———- $34,450.00

Equipment and teaching aids ————————————— $2,350.00

$36,800.00

To provide for normal growth in the school district for the next ten years. (Normal growth being approximately 2.9% per year for white schools and 2.3% for colored schools).

1. Six classrooms for Senior High School
2. Ten classroom [sic] for white elementary schools
3. Four classrooms for Junior High School
4. Five classrooms for colored elementary schools*
5. Five classrooms for Dunbar High School* ————— $320,000.00

TOTAL: $2,030,150.00

*asterisk indicates black school

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Appendix VI

Excerpt from TASD School Board Minutes, August 30, 1963 – first mention of integration:

STATEMENT OF BOARD OF DIRECTORS OF

TEXARKANA, ARKANSAS, SCHOOL DISTRICT NO. 7

            Since August 30, 1963, the Board has received one application on behalf of a Negro student to attend Jefferson Avenue Junior High School, five applications on behalf of a Negro student to attend North Heights Elementary School, and three applications on behalf of Negro students to attend Arkansas Senior High School.

            After the United States Supreme Court decision in Brown vs. Board of Education, decided in 1954 there have been a number of court decisions on this subject. As we now understand these decisions, as they have developed, a school board has the legal obligation to offer an opportunity to each student, subject to a reasonable and necessary transition period, to a school assignment which is non-discriminatory with respect to race.

            There had been no request on behalf of any Negro student to attend an integrated school until these applications were received. It is evident that these nine applications came too near to the beginning of the school term to permit the orderly implementation of an efficient plan for desegregation during the 1963-1964 school year. Therefore, the applications were denied.

            However, during the 1963-1964 school year, the Board will present its plan designed to afford an opportunity for non-discriminatory school assignments. This plan will be publicly announced prior to the end of the 1963-1964 school year, and its first phase will be put into effect in September, 1964. This will afford the Board sufficient time to refine the plan and to exercise deliberate judgment respecting this important matter.

            The Board feels that the careful planning and administrative preparation that can be done between now and the school year beginning in September, 1964, will contribute substantially to maintenance of the District’s high educational standards. It is felt that this is in the best interest of all the students of the District, as contrasted to the disruptions that might result from hasty adjustments at this late date regarding assignments for the 1963-1964 school year.

            The Board will continue to do those things which, in its judgment, afford the best possible educational opportunities to all students of the District. Retaining control of the schools in local hands is conducive to achieving this objective. The support of all the citizens of the Texarkana, Arkansas, School District is requested by the Board.

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Appendix VII

Excerpts from TASD School Board Minutes, September 3 & 16, 1963 – regarding “for whites only” clause in Buhrman Field deed:

SPECIAL MEETING OF THE BOARD OF EDUCATION

Texarkana, Arkansas

September 3, 1963

A special meeting of the Board was held in the Office of the Board, September 3, 1963, 7:00 P.M. Board members present were: Nunn Goodlett, John Fricks, Dr. V.E. Richardson, Dr. Karlton Kemp, Harrison Grace, A. P. Cox and Gerald Goff. Absent: Joe Lavender. Others present were; Edward D. Trice, superintendent; W.H. Watson, assistant superintendent; Willis B. Smith, John Stroud and Hayes McClerkin, school attorneys.

The meeting was opened with prayer by Gerald Goff.

On motion of Dr. Karlton Kemp, seconded by Gerald Goff, the Board asked the school attorneys to examine the Buhrman Field deed and to render an opinion relative to the “for white only clause” references.

On motion of Harrison Grace, seconded by Dr. W.H. Richardson, the Board acknowledged receipt of requests for enrollment of negro students in the white schools of Texarkana, Arkansas, and to inform the applicants that a hearing on said application would be held on September 23, 1963, same being its next regular meeting.

On motion of A.P. Cox, seconded by Dr. W.H. Richardson, the Board authorized the chairman of the Board to appoint a committee to work on a plan for the enrollment of students in the Texarkana Arkansas Schools on a non-racial basis and to report back to the next regular Board meeting (September 23, 1963).

The chairman of the Board appointed the following members: Dr. Karlton Kemp, chairman, Nunn Goodlett, John Fricks, Gerald Goff and Dr. W.H. Richardson.

There being no further business to come before the Board, the meeting was adjourned.

Signed A. Nunn Goodlett

PRESIDENT

September 16, 1963

Texarkana, Arkansas

Members of the Board

Texarkana, Arkansas School District

Texarkana, Arkansas

Gentlemen:

At your last meeting, we were asked to resolve the problem facing the School Board created by a restriction contained in a deed wherein Mrs. W.G. (Ida J.) Buhrman granted property to the School District to be used as an athletic playground. As you know, the particular restriction causing the Board concern is the one that requires the property be used as an athletic field and playground for “white children only.” We were informed that a football team scheduled to play in the stadium this year might have Negro players on its roster, or that some of the bands might have Negro students.

Our first procedure was to determine the law regarding this type of racial restriction. In 1948, the Supreme Court decided the case of Shelley vs. T.S. Kraemer. Here, a testator left funds in trust, with the City of Philadelphia named trustee, for the erection of a college and limited admission to qualified persons of the white race. A suit was brought alleging that a racial restriction of this nature was prohibited by the Fourteenth Amendment to the Constitution. The Supreme Court agreed with this theory and said that while racial restrictions in themselves were not invalid and that the parties to such restrictions may voluntarily abide by them, these restrictions are invalid and unforeseeable when either party seeks to enforce them in Court. The Fourteenth Amendment forbids a state taking any action which denies any person equal protection of the law, thus, should a State Court find such a restriction valid there would be “State Action” and a violation of the Fourteenth Amendment.

At first it would seem that this case solves our problem, since the restriction placed in the Buhrman deed would not be enforceable in Court. However, subsequent to the Shelley decision, a case arose in North Carolina involving a racial restriction in a deed. The restriction was worded in a manner so that the land involved would revert automatically upon its violation without the necessity of a lawsuit being brought to enforce it. The North Carolina Court held in this instance that since the reversion feature was automatic and no State Court action was needed for its enforcement, there was no “State Action” as had been prohibited by the United States Supreme Court in the Shelley case. This case was appealed to the United States Supreme Court, and the Court declined to review the holding of the North Carolina Court. In effect, this type of restriction was held valid. Charlotte Park and Recreation Commission vs. Barringer, 242 N.C. 311, 88 S.E.2d 114, cert. denied, 350 U.S. 483.

After studying the deed from Mrs. Buhrman to the School District, we are convinced there is at lease a possibility that the restriction in question would be considered by the Court to be automatic, as was the deed in the North Carolina case. Except for this possibility, we could advise the School Board to allow the restriction to be violated and seek relief from the ensuing lawsuit.

At this point we felt it wise to contact the owner of the reversionary interest, Buckner’s Orphan Home in Dallas, Texas. After having explained the situation to the director of the home, Dr. Robert E. Burns, he was quite sympathetic with our position and he asked one of us to come to Dallas and discuss the matter with their attorney, Judge Frank Ryburn, Sr. This we did, and both Judge Ryburn and Mr. Burns assured us that Buckner’s Orphan Home, did not desire to own or have anything to do with our athletic field. Judge Ryburn suggested that we go ahead and participate in all of our athletic events this year and disregard the racial restriction, and that we notify them when there has been Negro participation of a type we feel would violate the restriction. They expressed their willingness to then deed whatever interest reverted to them to the School District by quitclaim deed. This conveyance would have to be authorized by their Board of Directors which meets the latter part of October. I am assured that the Board of Directors of the association will go along with this plan. From our standpoint, this is not a perfect solution, in that to some degree we are relying upon their good faith. However, I talked with these people in person, and I am convinced of their sincerity.

We recommend that the School Board go along with this plan. It is our opinion that even if the Buckner Home had a change in faith and attempted to take possession of the athletic field, we would probably prevail in Court. There are some risks involved, but we believe them to be minimal and we, therefore, recommend that all athletic events be continued as scheduled. After there has been Negro participation, we should then request Buckner’s Baptist Benevolence to execute the quitclaim deed, as per their verbal assurance.

Yours very truly,

SMITH, SANDERSON, STROUD & MCCLERKIN

Signed Billie B. Smith Jr.

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Appendix VIII

Excerpts from TISD School Board Minutes, May 19, 1964, January 27, 1965, & April 19, 1966 – Freedom of Choice desegregation plans:

TISD Board Minutes, May 19, 1964 –

Integration Plans

Thereupon, there came to be considered again the problem of integration of schools within the Texarkana Independent School District.

It was pointed out that the problem has been studied by the board of trustees since 1954 and that plans have been developed from time to time, and from year to year, to educate the public to the problem, and to develop a program whereby students of both races could be educated together without friction and without slowing or hindering the progress of either race.

It was further discussed that with the cooperation which has been developed between parent-teacher organizations of the white and Negro schools, the schools could now be integrated on a graduate basis.

Further, the school administration has through the past ten years developed an understanding between the principals and teachers in the white schools with the principals and teachers in the Negro schools.

The board further discussed their personal feelings concerning the question of integration, but unanimously agreed that personal considerations were not to be considered, but only the welfare of the school district, its students and inhabitants in light of the obligation of the trustees in compliance with the law.

RESOLUTION:

THEREFORE, BE IT RESOLVED that the Board of Trustees of the Texarkana Independent School District now determine and announce the following plan to comply with the decision of the Supreme Court of the United States in the case of Brown vs. Board of Education, said plan to take effect initially as of September 1, 1964:

We recognize that the desegregation of the schools in the Texarkana Independent School District will be a revolution in the social mores and tradition of the community, and the habits of life of generations past will be uprooted, but it is our purpose to bring this process into being with the least possible friction, misunderstanding, and displacement of education opportunities; because not only are the children and the home [sic] represented in the schools involved, but the total community life and population are likewise involved.

To expedite the program and plan, a period of adjustment and definite preparation will be required.

The best plan the District has been able to evolve, after long study and profound reflection, is as follows:

1. Compulsory segregation based upon race is abolished in Grade One of the schools of the Texarkana Independent School District for the scholastic year beginning in September, 1964, and each succeeding September, beginning in September, 1965, the next succeeding grade will be desegregated until all twelve grades in the complete schools have been desegregated.
2. A plan of school zoning of districting based upon location of school buildings and the latest scholastic census without reference to race will be established for the administration of the first grade and for other grades as hereafter desegregated.
3. Every student entering the first grade in September, 1964, will be permitted to attend the school designated for the zone in which he or she resides, subject to regulations that may be necessary in particular instances.
4. Applications for transfer of first grade students from the school of their zone to another school will be given careful consideration and will be granted when made in writing by parents or guardians or those acting in the position of parents when good cause therefor is shown and when transfer is practicable, consistent with sound school administration.
5. Orientation of teachers with respect to dealing with and teaching the children of different races and of different sociological backgrounds all in the same classroom requires meticulous preparation. Numerous clinics, workshops, seminars, and joint study groups have been pursued during the year 1963-1964, and will be continued in succeeding years to bring about a state of amity and congeniality for these new arrangements.
6. Likewise, orientation of teachers with respect to the educational processes of teaching children who have different degrees of ability levels and achievements has been one of our endeavors for the past several years. This will continue for succeeding years. Tolerance and understanding are involved in this undertaking.
7. Time and preparation will be required for conditioning teachers to the communication involvements with mixed groups. Both white and Negro teachers will require a period of anticipation after the plan for desegregation is approved and announced. During this period a way of thinking will be developed so as to minimize the risks and embarrassments for both races. The conditioning effort anticipated will amount to development in ways of thinking and doing which will cause teachers and pupils to be agreeable to one another while working together, both through desire and in their many automatic responses.
8. Parents and parent organizations will require orientation where mixed groups will come about as a result of desegregation.
9. As one of the means for bringing about these ends outlined, we shall start a program of orientation in September, 1964, among the children and parents concerned with desegregated class in the Fall of 1964. It is highly important that these first desegregated classes be successful organizations. Only in such organizations can profitable teaching be carried on. The parents and the children of both races will require this orientation. Each year these orientation programs will continue for the next succeeding group of pupils to be desegregated the following year.
10. For several years, teacher meetings and convocations within the District have been on a de-segregated basis. Beginning in September, 1964, bi-racial convocations, bi-racial teachers meetings, bi-racial seminars, and bi-racial study groups will be continued to prepare white and Negro teachers to accept each other on a professional level, to the end that the working for common goals in the education of the children of Texarkana will be harmoniously projected.

To accomplish the purposes and program outlined above is a monumental task, and the last possible time which will permit of effective accomplishments will require that desegregation not be attempted before September 1, 1964. To implement effectively the successful accomplishment of the plan above, the administrative officers of the School District have prepared a calendar of preparatory steps as set out in Exhibit “A,’ attached hereto and made a part hereof.

TISD Board Minutes, January 27, 1965:

Desegregation Amendment:

            Upon a motion by Mr. Heath seconded by Mr. Ward the board voted that the desegregation plans as adopted by the board of trustees, in regular meeting on May 19, 1964, be amended to read as follows:

• Provision 3

Every student entering the first grade in September, 1964, will be permitted to attend the school designated for the zone in which he or she resides, subject to regulations that may be necessary in particular instances which regulations operate without regard to the race, color, or national origin of any individual.

• Provision 4

Applications for transfers of first grade students from the school of their zone to another school will be given careful consideration and will be granted when made in writing by parents or guardians or those acting in the position of parents when good cause therefor is shown and when transfer is practicable, consistent with sound school administration, but without regard to race, color, or national origin of any individual.

TISD Board Minutes, April 19, 1966:

Desegregation Plans

            Upon a motion by Mr. Kinder seconded by Dr. Wyrick the board voted to adopt a plan of desegregation as presented by the superintendent as follows: Ayes – 6; Abstained – 1 (Mr. Heath).

Staff Assignments –

• System-Wide Personnel
• Administrative

Superintendent, Assistant Superintendent, Business Manager, Director of Federal Programs, Director of Special Services, Director of Athletics, Director of Cafeterias, and Director of Maintenance

• Supervisory Personnel

Coordinator of Special Education, Coordinator of Mathematics, Coordinator of Speech and Drama, Coordinator of Instrumental Music, Coordinator of Science, Coordinator of Choral Music

• Teaching Personnel

School nurses, librarians, social workers, counselors, speech therapist [sic], visiting teachers, homebound teachers, special education teachers, remedial reading teachers, special art, music, and physical education teachers.

TEXARKANA INDEPENDENT SCHOOL DISTRICT

            BE IT RESOLVED that the Board of Trustees of the Texarkana Independent School District that all previous plans of desegregation are hereby abolished and the plan herein announced supercedes [sic] and replaces all previous plans and shall become effective immediately upon adoption.

            We recognize that the desegregation of the schools in the Texarkana Independent School District will be a revolution in the social mores and traditions of the community, and that habits of life of generations past will be uprooted, but it is our purpose to bring this process into being with the least possible friction, misunderstanding, and displacement of educational opportunities, because not only are the children and the homes represented in the schools involved but the total community life and population are likewise involved.

Description of District

            The Texarkana Independent School district lies partly within and partly without the City of Texarkana, Texas, in the Northeast corner of Bowie County, Texas. The Texarkana Independent School District consists of 16 individual campuses with 12 elementary schools – grades 1-6; two junior high schools – grades 7-9; one junior-senior high – grades 7-12; and one high school – grades 10-12.

            As of September 1, 1964 the School District initiated a voluntary plan of desegregation by which Grade 1 of all schools were [sic] desegregated effective September 1, 1964. Beginning September 1, 1965, the school district initiated a voluntary plan of desegregation by which grades 1-6 of all schools were desegregated. In accordance with established guidelines, grades 1-9 will be desegregated on a voluntary plan basis effective September 1, 1966, with all grades desegregated by September 1, 1967.

PLAN OF DESEGREGATION

1. Compulsory segregation based upon race is abolished in Grades 1 through 9 of these schools of the Texarkana Independent School District as of the scholastic year beginning September 1, 1966, and Grades 10 through 12 as of the scholastic year beginning September 1, 1967.
2. Every pupil in the District in a grade in which segregation based on race has been abolished shall have a right to attend any school of his choice in the District, without regard to race or color. If overcrowding of any school results from the choices made, preference shall be given to those pupils who reside nearest the school without regard to race or color, and any pupil whose choice is denied because of the overcrowding of the school of his choice shall have the right to attend any other school of his choice in the District.
3. Pre-registration of pupils planning to enroll in Grades 1-12 for the following scholastic year will take place for a period of thirty (30) days during the month of April each year. Parents or guardians may register pupils during this period at the school of their choice, without regard to race or color. In the event of over-crowding of any school, preference will be given without regard to race to those choosing the school of his residence. Those whose choices are rejected because of overcrowding will be notified and permitted to choose any other school in the District.
4. Pupils enrolling in Grade 1 who are not pre-registered in April, and all other pupils enrolling [in] the schools of the District for the first time in grades in which racial segregation has been abolished may be registered in the school of their choice during the last two weeks in August of each year.
5. Pupils who are currently enrolled in the schools of the District and are eligible either to continue in the same school or to enroll for the first time in a school at the next higher level, in a grade in which racial segregation has been abolished or will be abolished as of the beginning of the next scholastic year, will be pre-registered during the month of April of each year. For this purpose all parents or guardians will be mailed by first class mail appropriate forms and written instructions for use in exercising their right to select the school of their choice for the forthcoming year. Such instructions shall set forth in detail the policy of the District permitting a free choice of school for the next scholastic year without regard to race or color, as provided in this plan of desegregation.
6. The choice of schools as provided for herein is granted to the parent or guardian and the pupil. Teachers, principals, and other school personnel are not permitted to advise, recommend, or otherwise influence the decision. School personnel will neither favor nor penalize pupils because of the choice made.
7. In the event any pupil, or the parent or guardian of any pupil, fails to make a choice of schools as herein provided, and said pupil has heretofore attended a school within the District, said pupil shall be reassigned to the same school previously attended, if the grade the pupil is entering is taught therein.

If the pupil has not heretofore been enrolled in a school in the School District, of if the grade in which the pupil is enrolling is not taught in the same school previously attended by the pupil within the School District, the said pupil shall be assigned, without regard to race, to the school nearest his residence in which the grade is taught, and within the attendance area within which he resides.

• Transfers during the scholastic year may be authorized by the Superintendent only in the event of a move to a residence which is nearer the school to which a transfer is sought than to the school in which the pupil is enrolled.
• All racially discriminatory practices in the bussing of pupils in grades in which racial segregation has been abolished are removed. There shall be no discrimination on the basis of race in the provision of transportation, and where bussing is provided, all pupils attending the same school and living on or near the same bus route will be transported on the same bus, without regard to race or color. Racial segregation in the seating of pupils on any bus shall not be permitted.
• All racially discriminatory practices in the use of facilities or assignments thereto in any way connected with the District are hereby abolished and all facilities shall be equally used without regard to race or color.
• In order that all parents and pupils in the District may be informed of and understand their right to select the school of their choice without to race or color, an announcement setting forth in detail the policies and procedures for pre-registration and enrollment in the school of their choice and for the provision of bus transportation on a racially non-discriminatory basis, as provided herein, shall be conspicuously published in the Texarkana Gazette and the Texarkana Daily News on or before the beginning of the 30 day enrollment period each spring.
• Orientation of teachers with respect to dealing with and reaching the children of different races and of different sociological backgrounds, all in the same classroom requires meticulous preparation. Numerous clinics, workshops, seminars, and joint study groups have been conducted by teachers of both races for several years within the Texarkana Independent School District, and such will be continued in the succeeding years to bring about a state of amity and congeniality for these new assignments.
• Likewise, orientation of teachers with respect to the educational processes of teaching children who have different degrees of ability levels and achievements in the same classrooms will be one of our endeavors. Tolerance and understanding are involved in this undertaking.
• Parents and parent organizations will require orientation where mixed groups will come about as a result of desegregation.
• As one of the means for bringing about these ends outlined, a program of orientation was initiated in September, 1965, among the children and parents concerned with desegregated classes in the Fall of 1965. It is highly important that desegregated classes be successful and the children of both races will require this orientation. These orientation programs will continue for the next succeeding group of pupils to be desegregated.
• For the past few years teachers’ meetings and convocations within the District have been on an integrated basis. In the future bi-racial convocations, bi-racial seminars, and bi-racial study groups will be organized to prepare white and Negro teachers to accept each other on a professional level, to the end that the working for common goals in the education of the children of the Texarkana Independent School will be harmoniously projected.
• It is recognized that the existence of all-white faculties in some schools and all-Negro faculties in other schools is an evident vestige of the dual system of schools which will be abolished under this plan of desegregation, and that the preservation of such segregated faculties is constitutionally objectionable. Therefore, it shall be the policy of the District to remove race as a criterion for the assignment of teachers to schools of the District.

Faculty assignment plans have been revised to permit employment and assignment of teachers on a racially non-discriminatory basis. Effective September 1, 1966, and thereafter, teachers will be employed strictly on qualifications without regard to race, or color.

At a regular meeting of the Board of Trustees of the Texarkana Independent School District on the 19^th day of April, 1966, a motion was made by Mr. Kinder and seconded by Dr. Wyrick that the above Plan of Desegregation be adopted. The motion carried with all members of the Board voting for the plan except for Mr. Heath, who abstained.

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Appendix IX

Excerpt from TASD School Board Minutes, February 24, 1964 – Freedom of Choice plan:

REGULATIONS OF TEXARKANA SCHOOL DISTRICT NO. 7

FOR THE ASSIGNMENT OF PUPILS, FOR THE RE-ASSIGNMENT

OF PUPILS, AND FOR THE PROCESSING AND HEARING

OF APPLICATIONS FOR RE-ASSIGNMENT OF PUPILS

I. ASSIGNMENT ON ORIGINAL ADMISSION

            Requests for original admission to the Texarkana School District No. 7 Public Schools shall be made on forms approved and provided by the Board of Directors (in these regulations called the “Board”). Such requests shall be fully completed as to all information requested therein. The Superintendent of Schools shall submit to the Board his recommendation as to the assignment of such child. Thereafter, the Board shall assign such child to a school in the District and shall notify the parents in writing of the assignment, which notice shall be delivered to the parents or mailed to them at the address set forth on the request of original admission.

II. ASSIGNMENTS OF STUDENTS IN SCHOOL SYSTEM

• The following assignments and procedure [sic] shall be applicable for the school year 1964-1965:
• Each child enrolled in grades 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, and each child in grade 12 who was not graduated, of the schools of this District at the close of the school year 1963-64 is hereby assigned to the school designated on such child’s Progress Report Card, as reflected by the Progress Report Card delivered to the child at the close of the 1963-64 school year and as reflected by the official records of the School District. No additional notice shall be given of the assignments hereby made, and any interested child or parent may make inquiry at the office of the Superintendent in the Administration Office at 1420 Jefferson Street.
• The Superintendent of Schools shall submit to the Board his recommendation as to the assignment of each child at the First and Second grade levels, beginning with the 1964-65 school year. Thereafter, the Board shall assign each such child to one of the Elementary Schools in the District and shall notify the parents of each child in writing of the assignment, which notice shall be mailed to them at the address reflected by the official records of the District.
• The following procedure shall be applicable for each school year after the 1964-65 school year:
• During the month of May of each year the Superintendent of Schools shall submit to the Board his recommendations as to the assignments for the next school year of each child enrolled in the schools of the District. Thereafter, but prior to the close of the school year then in progress, the Board shall assign each child in the schools of the District to a school for the next school year. Notice of this assignment shall be given by the noting of the same on each child’s Progress Report Card which is delivered to the child at the close of the school year then in progress. If, for any reason, a child does not receive a Progress Report Card, written notice of the assignment shall be mailed to the parents of such child at the address reflected by the official records of the District.

III. OBJECTIONS TO ASSIGNMENT AND REQUESTS FOR

RE-ASSIGNMENT OR TRANSFER OF STUDENTS

• Parents who desire to object to the assignment of a child to a particular school, or who desire re-assignment or transfer to a designated school or to another school to be designated by the Board, must file written application with the Board within ten (10) days from the date of the giving of the notice of assignment. The date of the giving of the notice of assignment shall be the date of the publication of these regulations in the case of assignments made hereby, or the date of the delivery of the Progress Report Card to the children in the case of assignments noted thereon, or the date of the mailing of notice to parents in the case of all other assignments. If the tenth day falls on Saturday, Sunday, or a holiday, the period for filing application shall extend to the next day that is not Saturday, Sunday, or a holiday. Filing with the Board shall mean actual delivery to the Superintendent of Schools, or his authorized agent, at the Administration Office, 1420 Jefferson Street, during regular office hours.
• Such applications objecting to the assignment or requesting re-assignment or transfer must be made on forms approved and provided by the Board. The application forms are available during regular office hours at the office of the Superintendent of Schools and, when open, at the several offices of the principals of the schools. Each application, completely executed as to all information requested thereby, must be personally signed by the parents of the child and must be verified before an officer authorized to administer oaths.
• Upon receipt of any such application the Board shall set a date for a hearing before the Board beginning within thirty (30) days from the filing of the application. The parents and the child must appear in person at the hearing but, in addition to their personal appearance, may have such representation as the parents and child desire. The parents shall be given at least seven (7) days’ [sic] notice of the time, date, and place of the hearing, which notice shall be mailed to them at their address reflected on the official records of the District in the Administration Office. The hearing of each application shall be confined to the particular application and shall be held separate and apart from a hearing on any other application.
• The Board shall hear and consider all witnesses appearing before the Board and having information pertinent and relevant to the application and shall consider all relevant documentary evidence presented. In addition to hearing such evidence relevant to the individual child as may be presented on behalf of the applicant at the hearing, the Board will conduct such investigations as it may deem necessary and may require such child, upon reasonable notice, to submit to interviews by agents or representatives of the Board, professional or otherwise, and to take oral, written, and/or physical examinations.
• As promptly as possible after the hearing, the Bard shall take final action on each application and the findings and conclusions of the Board shall be made a part of the official records of the Board. The parents of the child shall be notified promptly by mail of the final action of the Board. If dissatisfied with the final action of the Board, the parents of the applicant may file in writing an exception to the final action of the Board as constituting a denial of a right of such child guaranteed under the Constitution of the United States or of a right under the laws of the State of Arkansas, and the Board shall act promptly on such exception, and in any event within fifteen (15) days after the filing thereof. The exception shall be filed on forms approved and provided by the Board, which forms may be obtained at the office of the Superintendent of Schools and, when open, at the several offices of the principals of the schools. Filing with the Board shall mean actual delivery to the Superintendent of Schools, or his authorized agent, at the Administrative Office, 1420 Jefferson Street, during regular office hours.
• Each child shall attend the school to which he or she is originally assigned until the Board re-assigns the child to another school.

IV. POWER OF BOARD TO CHANGE ASSIGNMENT

            Anything in these regulations to the contrary notwithstanding, the Board reserves the right to change the assignment of any child at any time when, in the opinion of the Board, the factors listed hereinafter in Article V, or any other relevant factor, require such change. Provided, however, that in each case of such change of assignment, and within the time prescribed in these regulations after due notice of the change of assignment, the parents of the child may make application setting forth objections to the assignment or requesting re-assignment or transfer, and the procedure prescribed hereinabove for the processing of such applications shall be followed.

V. STANDARDS AND CRITERIA

            In making original assignments or in considering applications setting forth objections to assignments or requesting re-assignment or transfer, the Board shall consider all relevant matters pertaining to the best interest of the children, the efficient operation of the schools, and the efficient carrying out of the best possible educational program, including, but not necessarily limited to:

1. Available room and teaching capacity in the various schools;
2. Availability of transportation facilities;
3. The effect of the admission of new pupils upon established or proposed academic programs;
4. The suitability of established curricula for particular pupils;
5. The adequacy of pupil’s academic preparation for admission to a particular school and curriculum;
6. The scholastic aptitude and relative intelligence or mental energy or ability of the pupil;
7. The psychological qualifications of the pupil for the type of teaching and associations involved;
8. The effect of admission of the pupil upon the academic progress of other students in a particular school or facility thereof;
9. The effect of admission upon prevailing academic standards at a particular school;
10. The psychological effect upon the pupil of attendance at a particular school;
11. The possibility of breaches of the peace or ill will or economic retaliation within the community;
12. The home environment of the pupil;
13. The maintenance or severance of established and psychological relationships with other pupils and teachers;
14. The choice and interests of the pupil;
15. The morals, conduct, health, and personal standards of the pupil;
16. The request or consent of parents or guardians and the reasons assigned therefor [sic].

VI. MISCELLANEOUS

• Wherever the word “parents” is used herein, it shall mean both parents of any child where both parents are living and residing in a household together with the child, or the parent with whom the child resides or who has custody of the child in the event of the parents living apart or of the parents having been divorced, or in the case of a guardian other than the natural parents of the child having been duly appointed, the word “parents” shall mean such guardian, or if there be more than one guardian, then all such persons who have been duly appointed guardians, or if the child is residing with a person standing in loco parentis, the word “parents” shall mean such person, or if more than one person, then all such parents standing in loco parentis.
• These regulations are promulgated pursuant to the authority expressly conferred by the laws of the State of Arkansas including without limitation Act 461 of the Acts of the General Assembly of the State of Arkansas for the year 1959. The full text of these regulations shall be published for one time in the Texarkana Daily News with the said publication to be as soon as possible after the adoption hereof, and said regulations shall be in full force and effect from and after the date of said publication.

BOARD OF DIRECTORS TEXARKANA

SCHOOL DISTRICT NO. 7

John Fricks, Karlton Kemp, Nunn Goodlett, Harrison Grace, W.H. Richardson, Gerald Goff, Joe Owen, Bob Douglas

TEXARKANA SCHOOL DISTRICT NO. 7

STATEMENT OF POLICY ON PUPIL ASSIGNMENT

            The Texarkana School Board has adopted Regulations for the Assignment of Pupils and in accordance with these Regulations will assign each child to a school in the District.

Beginning with the 1964-65 term of school, the Texarkana School Board will give to all children who have registered for the First and Second Grades an opportunity to state a preference as to which elementary school they want to attend. On the basis of these statements of preference and other criteria embodied in the Board’s Regulations for the assignment of Pupils as published, the Board will assign each child to an elementary school in the District. This will be accomplished by sending an Enumeration Form to the parents of each child pre-registered for the First Grade for 1964-65 and to the parents of each child enrolled in the First Grade during 1963-64 on which an expression of preference can be stated. These Forms are to be completed and returned to the office of the Superintendent of Schools at 1420 Jefferson Street by July 13, 1964. Parents of any child who will attend the First Grade in 1964-65 and who was not pre-registered in May 1964 can obtain these Forms from the Superintendent’s Office and likewise submit their preference by July 13, 1964. Upon receipt of these requests, the Board will assign each child to a school in the District in accordance with its Regulations for the Assignment of Pupils. Assignments on original admission to the Texarkana Public Schools for all pupils who move into this District after the date of the publication of this policy will be made by the Board as prescribed in the regulations for the Assignment of Pupils.

Each child enrolled in Grades 2, 3, 4, 5, 7, 8, 10, and 11, and each child in grades 6, 9, and 12 who was not promoted or graduated, of the schools in this District at the close of the school year 1963-64 is hereby assigned to the school last attended.

Each child enrolled in Grades 6 and 9 at the close of the school year 1963-64 who was promoted to the next higher grade is hereby assigned to the junior high school or the senior high school at which he participated in school sponsored orientation activities. If the promotion from the Ninth Grade to the Tenth Grade does not involve a change from junior high school to senior high school, each child promoted from Grade 9 to Grade 10 is hereby assigned to the senior high school which he attended in the Ninth Grade. No additional notice shall be given of the assignments hereby made, and any interested child or parent may make inquiry at the office of the Superintendent in the Administration Office at 1420 Jefferson Street.

The parents of any child to be enrolled in the First or the Second Grade in 1964-65 who desire to object to the assignment of a child to a particular school or who desire reassignment to a designated school or to another school to be designated by the Board may do so by filing written application with the Board within ten (10) days from the date of the giving of the notice of assignment. Such requests for reassignment must be made on forms provided by the Board for that purpose. The Board will consider such requests on the basis of its Regulations for the Re-assignment of Pupils.

Prior to the close of the 1964-65 school year, all pupils who have not had a prior opportunity to express a preference of school in the First through the Fourth Grades will be given an opportunity to state a preference as to which school in the District they wish to attend, and the Board will assign each pupil to a school in a manner consistent with its assignment procedures. There are, of course, many factors that will influence the future progress of this program, and therefore, the Board is not now adopting an inflexible schedule in this regard. However, subject to these considerations, it is presently planned that this process will be extended two consecutive grades each year until the pupils of each of the twelve grades in the Texarkana School System will have had the opportunity of stating a preference as to the school he/she wishes to attend.

TEXARKANA SCHOOL BOARD

John Fricks

Karlton Kemp

Nunn Goodlett

Harrison Grace

W.H. Richardson

Gerald Goff

Joe Owens

Bob Douglas

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Appendix X

Excerpt from TISD School Board Minutes, May 16, 1968 – Letter to HEW detailing new desegregation plan and addendum, end of Freedom of Choice:

Department of Health, Education and Welfare

c/o Education Branch Chief

Office of Civil Rights Region VII

1114 Commerce Street

Dallas, Texas 75212

In Re: Proposed Desegregation Plan

Texarkana Independent School

District, Texarkana, Texas

Dear Sir:

            The Texarkana Independent School District has elementary, junior high and senior high schools with a racial structure as follows:¹

Name of School	Grades Taught	White Students	Negro Students	White Teachers	Negro Teachers	% Black Students
Texarkana, Texas High School	10, 11, & 12	1127	71	62	1.5	5.93%
Dunbar High School & Dunbar Junior	7, 8, 9, 10, 11 & 12	0	744	2	27	100%
Westlawn Junior	7, 8, 9	626	5	25	1	0.79%
F. Ben Pierce Jr.	7, 8, 9	755	59	25	3.5	7.25%
Elementary Schools:
Beverly	1 through 6	271	6	11	1.5	2.17%
Goree	1 through 6	0	219	1	8	100%
Grim	1 through 6	278	20	12	1.2	6.71%
Highland Park	1 through 6	243	8	12	1	3.19%
Jamison	1 through 6	0	177	1	6	100%
Jones	1 through 6	0	323	1	12	100%
Kennedy	1 through 6	298	13	10	2	4.18%
Nash	1 through 6	237	68	9	2	22.30%
Oaklawn	1 through 6	349	8	11	1.5	2.24%
Spring Lake Park	1 through 6	355	0	12	1	0%
Sunset	1 through 6	0	162	1	6	100%
Wake Village	1 through 6	374	0	12	1	0%

            In the past year, the placement of students within the school district has been according to the “freedom of choice” program approved by the Department of Health, Education and Welfare of the United States Government.

In order to completely eliminate the dual school system as required by the Civil Rights Act of 1964, Texarkana, Texas, Independent School District proposes the following:

STEP 1. As of September 1, 1968, the School District proposes to close the Dunbar Senior High School, that being grades 10, 11, and 12. All students within the School District, without regard to their race or color, will attend Senior High School at the Texarkana, Texas, Senior High School.

All other students, and the students’ parents will be allowed a freedom of choice as to the school they desire to attend.

Those teachers in the Dunbar Senior High School will be transferred to the Texarkana, Texas, Senior High School. In the event of any excess in the number of teachers, the teachers will be selected according to qualifications, without regard to their race or color.

In the scholastic year 1968-1969, as to all elementary schools other than Sunset Schools, Wake Village and Spring Lake Park Elementary Schools, no fewer than one (1) white teacher will be assigned to teach in schools which were previously classified as colored schools, and no fewer than one (1) colored teacher will be assigned to teach in schools which were previously classified as white schools. There will be at least two (2) white teachers teaching full time in Sunset School, and at least two (2) Negro teachers teaching full time at both Wake Village Elementary and Spring Lake Park Elementary Schools.

For the scholastic year 1968-69 three (3) junior high schools will be maintained, namely: F. Ben Pierce, Westlawn and Dunbar. Likewise, each of the elementary schools listed above will be operated during the scholastic year 1968-69.

The School Board of the Texarkana Independent School District is of the opinion that the freedom of choice method offers real promise of aiding a desegregation program to effectuate conversion of state-imposed dual system to a unitary, non-racial system of schools. In the event that in the scholastic year 1968-1969 the freedom of choice plan does not operate to abolish the dual system in the elementary schools and the junior high schools, the School Board in the spring of 1969 [will] adopt some system such as “zoning,” “pairing,” and a “feeder system” which will as of September 1, 1969, completely eliminate the dual system of schools within the Texarkana Independent School.

Motion was made by Mr. Maly and seconded by Mr. Crownover that the proposed plan to eliminate the dual system in the Texarkana Independent School District be adopted.

The above and foregoing is a true and correct copy of a motion adopted by the Board of Trustees of the Texarkana Independent School District on the 16^th day of May, 1968.

Signed O.G. Kinder

            President, Board of Trustees

Signed A.T. Hay

            Secretary, Board of Trustees

TEXARKANA INDEPENDENT SCHOOL DISTRICT

Office of the Superintendent

ADDENDUM

An addendum is being added to the minutes of the meeting of May 16, 1968, at the request of Dr. James H. Thomas.

SUBJECT – Statement made at School Board Meeting, Thursday, May 16, 1968.

            “I have just recently been elected to the school board. I have met with no representative of the HEW Department. I have seen nothing specific in writing and I am not convinced that HEW is operating within the law. They may be misinterpreting the law or making their own law. I don’t want to support any progress that will be a continual of dictatorial edicts and guidelines. In effect they say they will be back in two years.

            The facilities of the colored schools are inadequate in every respect. There are many courses and facilities such as shop missing at Dunbar. They do not have an equal opportunity under such circumstances.

            I have some 600+ letters in my file and have received many phone calls asking me to support Freedom of Choice. I favor Freedom of Choice and would like to see how the Supreme Court rules on present cases appealed from the 5^th Circuit Court. If we had adequate funds our problems would be easier to resolve. We are given a date of June 3, 1968, to present a plan and I think we should reserve every day of it for our decision. If we need until September 1^st, we should take that time.”

            This is my statement and I wish this to be made a part of the minutes of this meeting.

James H. Thomas, M.D.

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Appendix XI

Excerpts from TISD School Board Minutes, June 28, 1968, June 19, 1969 & July 15, 1969 – final desegregation plan proposal, first mention of school pairing system, and details of school pairing system:

TISD School Board Minutes June 25, 1968 –

            Upon a motion by Mr. Crownover seconded by Mr. Ward the board voted to adopt the desegregation plan as outlined below: Ayes – 6; Nays – 0.

June 25, 1968

Department of Health, Education and Welfare

c/o Education Branch Chief

Office of Civil Rights Region VIII

1114 Commerce Street

Dallas, Texas 75212

In Re: Proposed Desegregation Plan

Texarkana Independent School

District, Texarkana, Texas

Dear Sir:

Reference is made to the desegregation plan adopted by the Board of Trustees of the Texarkana Independent School District on the 16^th day of May, 1968, a copy of which was sent to your office, and to your reply contained in your letter to Superintendent Bill K. Ford dated the 14^th day of June, 1968.

In accordance with the directives set out therein, and in an effort to comply with the applicable provisions of law and to eliminate completely the dual school system, the Texarkana Independent School District proposes the following:

STEP 1: As of September 1, 1968, the School District proposes to close the Dunbar Senior High School, that being grades 10, 11, and 12. All students within the School district, without regard to their race or color, will attend Senior High School at the Texarkana, Texas, Senior High School.

All other students, and the students’ parents will be allowed a freedom of choice as to the school they desire to attend.

Those teachers in the Dunbar Senior High School will be transferred to the Texarkana, Texas, Senior High School. In the event of any excess in the number of teachers, the teachers will be selected according to qualifications, without regard to their race or color.

In the scholastic year 1968-1969, as to all elementary schools other than Sunset Schools, Wake Village and Spring Lake Park Elementary Schools, no fewer than one (1) white teacher will be assigned to teach in schools which were previously classified as colored schools, and no fewer than one (1) colored teacher will be assigned to teach in schools which were previously classified as white schools. There will be at least two (2) white teachers teaching full time in Sunset School, and at least two (2) Negro teachers teaching full time at both Wake Village Elementary and Spring Lake Park Elementary Schools.

For the scholastic year 1968-69 three (3) junior high schools will be maintained, namely: F. Ben Pierce, Westlawn and Dunbar. Likewise, each of the elementary school listed above will be operated during the scholastic year 1968-69.

STEP 2: In the event the freedom of choice method does not abolish the dual school system as of September 1, 1969, the Texarkana Independent School District proposes the following alternative proposals.

PROPOSAL NO. A. For the grade schools, in the event sufficient funds are obtained, the Board proposes to close Jamison and Jones Elementary Schools, and to enlarge Highland Park or Spring Lake Park so as to take care of the colored students now attending Jamison, and to enlarge Grim so as to take care of those colored students now attending Jones Elementary School.

Under this proposal, the dual school system now existing at Kennedy and Goree Schools would have to be abolished either by pairing these two schools or by establishing attendance zones or to enlarge Kennedy.

PROPOSAL NO. B. As to the grade schools within the Texarkana Independent School District, it is proposed that attendance zones be drawn around each elementary school in such a manner that there will be white students attending Jamison, Goree and Jones Elementary Schools, and there will be Negro students attending Beverly, Grim, Highland Park, Kennedy, Nash and Oaklawn.

These lines would be drawn in such a manner as to include all students living in the closest proximity to the school involved, and no attempt would be made so as to deliberately include or exclude any area predominantly white or predominantly colored.

For the reason set out in Proposal No. C of this letter, it is impossible to draw attendance lines around Sunset School so as to include any white students, and it is impossible to draw attendance lines around Wake Village and Spring Lake Park Schools so as to include any Negro students.

As to the junior high schools for the scholastic year beginning September 1, 1969, an alternative proposal is submitted to close Dunbar Junior High School as a junior high school, and to operate only two junior high schools, to-wit: Westlawn and F. Ben Pierce. Both colored and white students would be zoned to attend the junior high school near the area in which they reside. Dunbar Junior High School would be converted into a school for Exceptional Children.

PROPOSAL NO. C. As of the scholastic year beginning September 1, 1969, it is proposed to “pair” the following elementary schools:

• Highland Park Elementary School will be paired with Jamison Elementary School. Grades 1 through 3, or 1 through 4, depending on the number of students, will be taught at Highland Park Elementary School. Grades 4 through 6, or 5 and 6, depending on the number of students, will be taught at Jamison School.
• Grim Elementary School will be paired with Jones Elementary School. Grades 1 through 3, or 1 through 4, depending on the number of students, will be taught at Grim Elementary School. Grades 4 through 6, or 5 and 6, depending on the number of students, will be taught at Jones Elementary School.
• Goree Elementary School will be paired with Kennedy Elementary School. Grades 1 through 3, or 1 through 4, depending on the number of students, will be taught at Kennedy Elementary School. Grades 4 through 6, or 5 and 6, depending on the number of students, will be taught at Goree Elementary School.
• Teacher assignments will be moved with the grade taught

There are located within the Texarkana Independent School District three elementary schools in which the students are either all Negro or all white. This is so by reason of the face that these three schools are located on the extreme edges of the School District, and are located in areas in which there are either no colored residents or white residents. There are no white students in the Sunset Elementary School. Likewise, there are no Negro students in either the Wake Village Elementary School area or the Spring Lake Park Elementary School area. No white students have applied for admission to Sunset School, and no Negro students have applied for admission to Wake Village School or Spring Lake Park School.

It would be a great inconvenience to the parents, and extremely dangerous and time consuming to the students to compel them to attend an elementary school located a comparatively great distance from their homes.

Accordingly, elementary school pupils living within the area of these schools will continue to attend the school located within the area in which they reside. If Negro students apply for admission to Wake Village or Spring Lake Park, or both, they will be admitted. Likewise, it is possible that some white family will move into the area of Sunset School, and apply for admission of its elementary grade students to that school. Such students will be admitted.

At any rate there will be at least two white teachers teaching full time in Sunset School, and at least two Negro teachers teaching full time at both Wake Village and Spring Lake Park Elementary Schools.

Under this proposal three junior high schools will be maintained for the scholastic year beginning September 1, 1969. The present F. Ben Pierce, Westlawn and Dunbar Junior High Schools will be maintained and operated as junior high schools. Graduates of Jones and Sunset Schools will attend the Dunbar Junior High School. Graduates of Nash, Wake Village, Beverly, and Oaklawn Elementary Schools will attend Westlawn Junior High School. Graduates of Jamison, Goree and Spring Lake Park will attend the F. Ben Pierce Junior High School.

It is possible that some reshifting [sic] of the attendance lines will have to be made if the number of prospective students in any junior high school exceeds the capacity of that school. For example, possibly all persons residing South of Highway 82 and East of Robinson Road will have to attend Dunbar Junior High School. This would include some students, both colored and white, who are now attending either Oaklawn or Beverly Elementary Schools.   

When such attendance lines are drawn, they will be brawn [sic] with reference to such existing facilities as highways and railroads, and without reference to whether the area affected is either predominantly or exclusively Negro or white. Under any of the proposals above, students will be assigned to the elementary schools without regard to their race.

The decision of the Board of Trustees as to which of the above proposals will be adopted will be made in sufficient time to eliminate the dual school system, other than as to Sunset, Spring Lake Park and Wake Village Schools, as of September 1, 1969.

Motion was made by Mr. Crownover, seconded by Mr. Ward that the above plan to eliminate the dual school system of the Texarkana Independent School District be adopted.

The above and foregoing is a true and correct copy of the motion adopted by the Board of Trustees of the Texarkana Independent School District on the 28^th day of June, 1968.

Signed O. G. Kinder – President                 Signed J.C. Crownover – Secretary

TISD School Board Minutes, June 19, 1969:

Name Change for Schools

            Upon a motion by Mr. Ward seconded by Mr. Kinder the board voted that all schools of the Texarkana Independent School district that are named after individuals be renamed in accordance with the board policy adopted in November, 1968. The policy states that schools shall be named on the basis of geographic location, established neighborhood or community names. In keeping with this policy I recommend these schools be named as follows:

1. Jamison Elementary – Spruce Street Elementary
2. Jones Elementary – Fifteenth Street Elementary
3. Goree Elementary – Lincoln Street Elementary
4. Pierce Junior High – Pine Street Junior High
5.  Dunbar Junior High – Southwest School (with a suffix of whatever purpose we use the school).

Ayes – 6; Nays – 0; Abstain – 1 (Mr. Fowler).

Adoption of Plan to Eliminate the Dual School System

            President Rochelle explained briefly why at this time the plan to the Health Education, and Welfare Department must be completed and sent in to Washington. He asked for a show of hands by the board members to see which way they preferred to go (1) pairing (2) portable classrooms. All board members raised their hands to (1). Mr. Moses and Mr. Fowler concurred that they were still for freedom-of-choice but would go along with the pairing since it was the lesser of two evils.

            President Rochelle asked Dr. Thomas, Vice President, to assume the chair in order that he might make a motion.

            Upon a motion by Dr. Rochelle seconded by Mr. Ward the board voted that all elementary schools in the Texarkana Independent School District be paired in the following manner: (1) Highland Park School and Spruce Street School be paired with grades 1 and 2 in each school to remain as neighborhood schools with all students in grades 3 and 4 to attend Highland Park School and all students in grades 5 and 6 to attend Spruce Street Elementary School. (2) Kennedy School, Lincoln Street School, and Spring Lake Park School be paired with grades 1, 2, and 3 in each school to remain as neighborhood schools with all students in grade 4 to attend Kennedy School, all students in grade 5 to attend Lincoln Street School, and all students in grade 6 to attend Spring Lake Park School. (3) Beverly School, Oaklawn School, and Fifteenth Street School be paired with grades 1, 2, and 3 to remain as neighborhood schools with all students in grades 4 to attend Beverly School, all students in grade 5 to attend Oaklawn School, and all students in grade 6 to attend Fifteenth Street School. (4) Grim School and Sunset School be combined effective September of 1970 with those students now attending Sunset School being assigned to Grim School. (5) Wake Village School and Nash School students be assigned as follows: All negro students south of the Texas Pacific Railroad presently attending Nash shall attend Wake Village School. (6) Westlawn Junior High School, Southwest School, and Pine Street Junior High School students be assigned as follows: students now attending Southwest School in the Fifteenth Street School area to attend Westlawn Junior High School and those students from Sunset School area, Lincoln Street School area, and Spruce Street School area to attend Pine Street Junior High. (7) Faculty assignments shall be made by transferring teachers with students that are assigned to different campuses for 1969-70. Ayes – 5; Nays – 0; Abstain – 2 (Mr. Moses and Mr. Fowler).

TISD School Board Minutes, July 15, 1969:

Desegregation

President Rochelle asked Mr. Ward to assume the chair.

            Dr. Rochelle made several statements concerning the desegregation plan. The plan previously submitted to the Health, Education and Welfare Department on June 2, 1969, and the revised plan adopted by the Texarkana Board of Trustees on June 19, 1969, were found to be inadequate to meet the requirements of Title VI of the Civil Rights Act of 1964 for the 1969-70 school year.

            Upon a motion by Dr. Rochelle seconded by Mr. Kinder the board voted that the pupil assignment as laid out below be accepted as the method of student assignment for the school year 1969-70. Ayes – 4; Nays – 1.

Dr. Lloyd R. Henderson

Chief, Education Branch

Office for Civil Rights

Department of Health, Education & Welfare

Washington, D.C.

In Re: July 15,1969

Revised Desegregation Plan

Texarkana Independent School District

Texarkana, Texas

Dear Mr. Henderson:

            Reference is made to the proposals made by the Texarkana Independent School District under date of June 2, 1969, as revised June 19, 1969, for the desegregation of the schools in the Texarkana Independent School District.

            The Board of Trustees on July 15, 1969, further amended the actions taken by Resolutions of June 2, 1969, and June 19, 1969, so as to adopt the following plan for the elementary grades for the Texarkana Independent School District for the scholastic year beginning September 1, 1969.

PAIRING OF BEVERLY ELEMENTARY SCHOOL, OAKLAWN ELEMENTARY SCHOOL, AND FIFTEENTH STREET ELEMENTARY SCHOOL:

            The School District proposes to pair Beverly, Oaklawn and Fifteenth Street Elementary Schools in the following manner:

Grades 1 and 2 will be taught at Beverly Elementary School.

Grades 3 and 4 will be taught at the Oaklawn Elementary School.

Grades 5 and 6 will be taught at the Fifteenth Elementary School.

PAIRING OF KENNEDY ELEMENTARY SCHOOL, SPRING LAKE PARK ELEMENTARY SCHOOL AND LINCOLN STREET ELEMENTARY SCHOOL:

            The School District proposes to pair the Kennedy, Spring Lake Park and Lincoln Street Elementary Schools in the following manner:

Grades 1 and 2 will be taught at Kennedy Elementary School.

Grades 3 and 4 will be taught at Lincoln Street Elementary School.

Grades 5 and 6 will be taught at Spring Lake Park Elementary School.

PAIRING OF HIGHLAND PARK ELEMENTARY SCHOOL AND SPRUCE STREET ELEMENTARY SCHOOLS:

            The School District proposes to pair the Highland Park and Spruce Street Elementary Schools in the following manner:

Grades 1, 2, 3 and 4 will be taught at the Highland Park Elementary School.

Grades 5 and 6 will be taught at Spruce Street Elementary School.

GRIM ELEMENTARY SCHOOL AND SUNSET ELEMENTARY SCHOOL:

Grades 1 through 6 will be taught at both the Grim Elementary School and the Sunset Elementary School as they were in the year 1968-69. Effective September 1, 1970, Sunset Elementary School will be closed and the students previously attending that school will be transferred and assigned to Grim Elementary School.

WAKE VILLAGE ELEMENTARY SCHOOL:

Grades 1 through 6 will be taught at Wake Village Elementary School with the same students assigned thereto as previously. However, all Negro students previously attending the Nash Elementary School and who reside South of the Texas and Pacific Railroad will be transferred to the Wake Village Elementary School.

NASH ELEMENTARY SCHOOL:

Grades 1 through 6 will be taught at Nash Elementary School with the same students assigned thereto as previously, other than all Negro students who reside South of the Texas and Pacific Railroad will be assigned to the Wake Village Elementary School.

            All other provisions of the plans of June 2, 1969, as amended on June 19, 1969, will remain in full force and effect.

            Under the plan the approximate number of students by each race for each school, beginning September 1, 1969, will be as follows:[2]

	White	Negro	% Black Students
Texarkana, Texas, High School	1,315	430	25.64%
Pine Street Junior High School	718	324	31.10%
Westlawn Junior High School	647	143	18.10%
Elementary Schools:
Beverly	240	120	33.34%
Oaklawn	179	112	38.49%
Fifteenth Street	185	84	31.23%
Kennedy	239	118	33.05%
Lincoln Street	222	63	22.11%
Spring Lake Park	231	47	16.91%
Highland Park	217	115	34.64%
Spruce Street	108	45	29.41%
Grim	242	35	12.64%
Sunset	0	130	100%
Wake Village	394	8	2.00%
Nash	279	36	11.43%

            This proposal will completely eliminate segregation in all grades within the School District other than in the Sunset School. Effective September 1, 1970, with the elimination of Sunset School, there will be complete desegregation of all grades in all schools within the system.

            Motion was made by Dr. Rochelle, seconded by Mr. Ward that the amendment to the proposed plan to eliminate the dual school system in the Texarkana Independent School District be adopted.

            The above and foregoing is a true and correct copy of the motion adopted by the Board of Trustees of the Texarkana Independent School District by a vote of 4 for 2 against on the 15^th day of July, 1969.     

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Appendix XII

Excerpts from TASD School Board Minutes, June 26, 1968 – first and second iterations of new desegregation plan, end of Freedom of Choice:

TASD School Board Minutes, June 26, 1968 –

Mr. Jerald D. Ward, Chief

Dallas Education Branch

Office of Civil Rights

Department of Health, Education and Welfare

1114 Commerce Street

Dallas, Texas 75202

Dear Mr. Ward:

This acknowledges your letter of June 11, 1968, advising that Texarkana School District No. 7, Texarkana, Miller County, Arkansas, should submit its plan for compliance with Title VI of the Civil Rights Act of 1964 to your office within two weeks after the receipt of your letter.

Our Board has modified our existing freedom of choice plan in the following respects:

1. Close W.T. Daniels Elementary School prior to the beginning of the 1968-1969 school year. The teachers at W.T. Daniels will be assimilated into the other schools in the system. Open six new classrooms at Vera Kilpatrick Elementary School and allow the students presently assigned to W.T. Daniels to make another choice of school.
2. Delete bus service from the Mandeville area to Carver Elementary School, and substitute bus route from the Mandeville area only to Vera Kilpatrick Elementary School for use by elementary students. This will substantially reduce the class size at Carver Elementary School which is needed. Realign other bus routes in the system to eliminate any segregated bus routes.
3. Establish a city-wide kindergarten at Carver Elementary School beginning with the 1968-1969 school year, the same to be the only kindergarten in the system. Establish beginning with the 1968-1969 school year a remedial center at Carver Elementary School.
4. Move grades ten, eleven and twelve from Washington High School to Arkansas High School at the beginning of the 1969-1970 school year. There is presently under construction a science annex to Arkansas High School which will be completed prior to the beginning of the 1969-1970 school year and which, in conjunction with a purchase of a home economics building, will provide space at Arkansas High School for all tenth, eleventh and twelfth grade students in the system.
5. Submit a bond issue proposal to the voters of the school district at the next school election, which will be in March of 1969, for the construction of a junior high school in the northern part of the city. The 33-acre site has already been acquired, architects obtained, and plans under study for the construction of said building which will, in conjunction with College Hill Junior High School, serve all seventh, eighth and ninth grade students in the system. Beginning with the 1970-1971 school year, close grades seven, eight and nine at Washington High School and assimilate the students into College Hill Junior High School and the new junior high school. In conjunction with this move, all students from Jefferson Avenue Junior High School would be moved to the new junior high school and College Hill Junior High School. Jefferson Avenue Junior High School would then become a part of Arkansas High School. Washington High School would be converted and renovated as a vocational and technical school for all students in the system.
6. Contract has just been let for the first stages of construction of a new athletic facility (stadium, track and football field) just east of Arkansas High School for use by all students in the system.
7. The number of fulltime classroom instructional staff assigned to schools in which their race is in the minority will be increased beginning with the 1968-1969 school year. The displacement, hiring, assignment and promotion of professional staff will be made without regard to race, color, or national origin.

The foregoing was adopted by our Board of Education at a special meeting held by the Board on June 26, 1968. We trust that these changes will keep our school in compliance with Title VI of the Civil Rights Act of 1964.

Sincerely,

Edward D. Trice

Superintendent of Schools

TASD School Board Minutes, July 29, 1968 –

Dr. Lloyd Henderson

Chief, Education Branch

Office of Civil Rights

Washington, D.C. 20202

Dear Dr. Henderson:

This acknowledges receipt of letter dated July 15, 1968, from Mr. Roberto Gonzales, Acting Regional Director of the Dallas Office of the Department of Health, Education and Welfare, advising that our desegregation plan submitted under date of June 26, 1968, had been disapproved. I refer you to the telephone conversation you had with Mr. John F. Stroud, Jr., our school attorney, and myself on July 25, 1968, and our subsequent conversation with Mr. Don Vernon on July 26, 1968. Based on those conversations, the School Board of Texarkana School District No. 7, Texarkana, Miller County, Arkansas, adopted the following revisions to our prior plan at a special meeting of the Board held on July 29, 1968.

Our Board has modified our existing freedom of choice plan in the following respects:

1. As stated in our prior plan, W.T. Daniels Elementary School will be closed beginning with the 1968-1969 school year. All students previously attending Daniels School will be desegregated in accordance with acceptable policies and standards of the Department of Health, Education and Welfare, and disseminated into the other schools in the system on the basis of freedom of choice, excluding Carver Elementary School.
2. As stated in our prior plan, our Board proposes to submit a bond issue to the voters of the of the School District at the next school election in March of 1969 for the construction of a junior high school in the northern part of the city on a site previously acquired. If the bond issue should fail, we plan to close grades 7, 8, and 9 at Washington High School beginning with the 1969-1970 school year, and purchase temporary classrooms to be placed on the campus of Jefferson Avenue Junior High School. The students will be disseminated into College Hill Junior High School and Jefferson Avenue Junior High School on the basis of freedom of choice.
3. The teachers at Daniels Elementary School will be assigned to teaching positions in the remaining schools of our School District beginning with the 1968-1969 school year. Any dismissal of professional staff shall be without discrimination on the grounds of race, color or national origin.
4. Once our plan is fully implemented, the bussing of students shall be done without regard to race, color or national origin.
5. When Washington High School has been completely vacated, it is our present intent to use the existing structure as a vocational-technical high school for all students who desire this type program.
6. If freedom of choice fails to desegregate Carver Elementary School for the beginning of the 1969-1970 school year, we propose to phase out Carver Elementary School over a two-year period beginning with the 1969-1970 school year.

We trust that these changes in our previously adopted plan will keep our school in compliance with Title VI of the Civil Rights Act of 1964.

Sincerely,

Edward D. Trice

Superintendent of Schools

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Appendix XIII

Excerpt from TASD School Board Minutes, June 22, 1970 – modifications to desegregation plan:

The President directed the Superintendent to read HEW’s acceptance of the Board’s latest plan for the desegregation of the Texarkana Arkansas Schools (copy to be inserted in minute book).*

Close the Washington Junior High School and assimilate the students and faculty of that school into the College Hill Junior High School and the Jefferson Avenue Junior High School. Attendance zones for the two schools have been established that should result in a total enrollment of 770 students at Jefferson Avenue and 805 students at College Hill.

Close the Carver Elementary School at the end of this school term. All sixth grade students at Carver and all sixth grade students in all of the other elementary schools in the district would be enrolled in the facility that now houses the Washington Junior High School. This would create a sixth grade school with an enrollment of 615 students. All sixth grade teachers in the system would be assigned to this school.

Students and teachers in grades one through five of Carver Elementary School would be assimilated into the five remaining elementary schools in the system. Attendance zones for each of the five elementary schools would be established for the Carver area. Students would be assigned from the zones to the elementary schools. Every effort would be made to keep that ratio of black to white students and teachers in each school the same as black is to white for the whole system. Students living outside the zoned area would be assigned under the existing freedom of choice procedures. This plan would not tend to segregate the schools.

If the plan outlined above is approved, the Carver facility would be reserved for special activities.

*No copy of the plan was found with the minutes.

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Appendix XIV

TISD School Board Minutes, February 26, 27 & 28, 1971 – detailed description of 1971 fight, expulsion hearings:

TEXARKANA INDEPENDENT SCHOOL DISTRICT

Office of the Superintendent

Minutes – Official Special Meeting – Board of Trustees

Friday, Saturday, Sunday – February 26, 27, 28, 1971

The Board of Trustees of the Texarkana Independent School District met in official special session Friday night, February 26, beginning at 7:00; recessing at 1:00 AM February 27 until 1:00 PM February 27; recessing at 8:30 PM February 27 until 1:00 PM February 28; the board meeting adjournment 11:00 PM February 28.

Presiding Officer ——————————- Mr. A. T. Hay, President

Board Members Present

            Mr. A. T. Hay, President

            Dr. James H. Thomas, Vice President

            Mr. J. C. Crownover, Secretary

            Mr. James H. Ward. Member

            Dr. J. B. Rochelle, III, Member

            Mr. Glenn Moses, Member

Board Members Absent

            None

Staff Officials Present

            Mr. J. A. Covert, Superintendent of Schools

            Dr. Dwayne C. Bliss, Assistant Superintendent

            Mr. John D. Raffaelli, School Attorney

            Mr. Sidney F. Lane, Elementary Coordinator

            Mr. Jon Moore, High School Assistant Principal

            Mr. Dan Haskins, High School Assistant Principal

            Miss Dorothy Speed, CTA

            Miss Pearle Hughes, CTA

Others Present

            Parents at proper time of interview

            Mr. Jim Powell, Gazette

            Mr. Dave Hall, Gazette

            Mr. George Dobson, KTAL-TV

Meeting Called to Order

            President Hay called the meeting to order with a rap of the gavel and proceeded with the transaction of business.

This meeting has to be opened to the public; however, parents and students are not allowed to view other parent-student hearings.

Letter from Texarkana Human Relations Council

            A letter from the Texarkana Human Relation s Council was read by Dr. Thomas. After reading the letter Dr. Thomas made a motion that the board ask for a grand jury investigation of this matter so we can attempt to find true causes of this situation. Mr. Moses seconded the motion. Ayes – 6; Nays – 0.

February 21, 1971

TO: Texarkana Area School Board Members

From: Texarkana Human Relations Council

            The following was sent in the form of a telegram to Attorney Jerris Leonard of the Justice Department, NEA officials and Senators Walter Mondale, Tower and Benson from the Texarkana Human Relations Council.

            “The Texarkana Human Relations Council is a biracial group of citizens from both sides of the State Line (Texas and Arkansas) interested in promoting harmony and justice among all groups in the Texarkana Area.”

            “The Council is critically disturbed by the suspension from Texas High School on February 18, of 212 students, including 175 black students. These students are threatened with suspension for the remainder of the school year, with failing grades. The school board has adopted a procedure for reviewing these suspensions which fails to offer a fair hearing and which denies the students a due process. Action must be taken immediately to compel a reversal of the school board’s action. All students must be immediately reinstated pending a fair and just hearing. We fell immediate reinstatement, coupled with correction of discrimination against black students by teachers, extra-curricular organizations, and administrators is urgent.”

Basis of Expulsion – Mr. McGuire

Mr. McGuire, Principal of Texas Senior High, read the following:

To: Mr. Covert, Superintendent and Mr. Hay, President of the Board of Trustees

Subject: Incident of disruptive conduct on February 17, and other related information.

1. Time Table of Incidents
   1. 7:30 – Mr. Moore on duty in student center – quiet
   1. 8:17 – A group of white students marched into the student center. Name calling started – tempers flared. Blacks and Whites grouped and faced one another. Both groups hostile. Mr. Haskins, Mr. Moore, duty teachers and I urged students to clear the cafeteria and go to class. Students were reluctant to move. I went out in front of the building and told Chief McGee that things were getting out of hand and we needed help.
   1. 8:20 to 8:30 – Students began to leave the Student Center and assembled on the outer court area and amphi-theater. Name calling continued but no fights developed between the 500 or 600 students assembled. Chief McGee and other officers were now present. We were all urging students to go to class.
   1. 8:23 – I cut the bell and made an announcement that the tardy bell would be held 3 minutes and again urged students to go to class. Some students began to leave and go to class and the area began to clear. In the next few minutes approximately two-thirds of the approximately 500 or 600 students went to class.
   1. 8:28 – As the area was clearing some black students said they were going to the “hill” (the knoll by the pond). Some of the white students said they were going to the parking lot. The black students left through the Senior English corridor and the Whites were leaving through the north gate. At this point we had between 1300 and 1400 students in class.
   1. 8:30 to 8:40 – Fighting and car damage was taking place on the parking lot. Police arrived on the parking lot and the Blacks retreated to the “hill” to join other Blacks assembled there. Whites remained on the parking lot. During this time Mr. Haskins was urging Blacks on the outside to return to class.
   1. 8:45 – when the Blacks returned to the hill, some left and got sticks and clubs and intimidated students and teachers in shop building.
   1. 8:45 to 8:50 – Out side corridor doors and gates were locked.
   1. 9:00 – Teachers were instructed over the intercom to make a very careful attendance check and to list all students absent from class. Police had been and were in the process of dispersing the Whites.
   1. 9:25 – I instructed Chief McGee to clear the Blacks from the “hill” – Blacks left.
   1. 9:50 – Campus was clear, range [sic] the bell to pass to 2^nd period.
   1. 10:00 – Many parents came and continued to come to puck up their children.
   1. 11:40 – Dismissed school for the day.

1. On Wednesday afternoon I met with out entire staff to determine who was involved. Briefly, we put a student’s name on the list if he were absent from his first period class and if he were seen at school that morning – Was he absent from class but seen on the campus? 212 names were placed on the list.

1. Thursday morning these students were told they were temporarily suspended. Saturday we mailed letters to be sure all parents were aware of the suspensions and to give instructions for scheduling conferences.

1. Mr. Moore, Mr. Haskins and I completed our conferences Thursday night and made our recommendations to Superintendent Covert.
2. To determine who was involved there had to be a basis for judgment. It is impossible to know the degree of involvement or reasons for taking part. Our basis for making an individual judgment was as follows:

1. Did the student disregard his established schedule and not attend his first period class?
   1. Did the student then associate himself with either group black or white, for a significant period of time?
   1. Did the actions of the student support his reasons –
      1. If the student left the school to follow the instructions of parents – did he leave promptly or remain in the trouble area?
      1. If the student left the school because he was afraid, did he leave the area promptly or remain for a period of time?
      1. If he was concerned about his car, did he move it and then return to the trouble area?
   1. Any other information that we felt significant.

• This has been an extremely difficult job. I realize that our judgment are subject to error. We have tried to be consistent and fair in arriving at a decision that was bound to be unpopular. I do think that at some point in the operation of school that those 1300 or 1400 students who followed their schedules and went about the routine business of being a student must be our concern.

• I would like to recommend that all those seniors who are expelled for the remainder of the semester be permitted to complete their work by correspondence even though the need exceed the usual 2 units permitted.

Correspondence Courses

            Upon a motion by Mr. Moses seconded by Dr. Rochelle the board voted to recommend that all senior expelled for the remainder of the semester be allowed to take correspondence to lead toward graduation. Ayes – 6; Nays – 0.

The board met with individual parents and students for 18 hours.

Other Parent Hearings

            Dr. Rochelle discussed the number of students, both black and white, that came before the board, the number cleared, and the number not having made appointments. Upon a motion by Dr. Rochelle seconded by Dr. Thomas the board voted that Mr. McGuire, Mr. Moore and Mr. Haskins proceeded with the hearings as requests come up and the hearings be brought before the school board at the next regular meeting. Ayes – 6; Nays 0.

Committees

            Upon a motion by Dr. Rochelle seconded by Dr. Thomas the board voted to amend the motion at the February 18 meeting concerning committees of black and white students to meet on problems in this manner: a committee headed by Mr. Haskins composed of 5 black students elected by the black students chosen by Mr. Haskins – a committee headed by Mr. Moore composed of 5 white students elected by the white students plus 3 white students chosen by Mr. Moore – these committees come up with suggestions of present racial problems and bring forward through channels – the administration, Miss Tullos and Mr. Ingram, and the finding s be brought to the board. All student elections will be postponed until these finding are brought forth. Ayes – 6; Nays – 0.

Motions began on expulsion of students

            Upon a motion by Dr. Rochelle seconded by Mr. Moses the board voted that Ernest Walston participated in the disruptive activities of February 17, and be expelled. Ayes – 4; Nays – 2. The motion was withdrawn.

Motions began again on expulsion of students

            [73 individual motions were made regarding the expulsion or reinstatement of students who were identified as being involved in the incident and appeared for a hearing]

Upon a motion by Dr. Rochelle seconded by Mr. Ward the board voted to suspend all students who were sent letters with the opportunity to appear before the board that did not respond. Ayes – 6; Nays – 0. [Students names were listed.]

            Upon a motion by Mr. Ward seconded by Dr. Rochelle the board voted that the students who have been reinstated tonight be reinstated on probation for the remainder of this school year. Ayes – 6; Nays – 0.

            Upon a motion by Dr. Rochelle seconded by Dr. Thomas the board voted to instruct the Superintendent to make a public statement that alternatives will be issued soon about education of suspended students. All board members are asked to give thought and perhaps meet at a special meting. Ayes – 6; Nays – 0.

Adjourn

            President Hay adjourned the meeting.

Signed J. C. Crownover, Secretary, and A. J. Hay, President

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FOOTNOTES:

[1] Former black schools are bolded. Percentages added for context.

[2] Southwest School (formerly Dunbar) was not included in this table. Former black schools are bolded, and percentages were added for context.