the earlier boundary lines will not attend school with their siblings.
Although the court in its 1967 decree did not ban the neighborhood school policy, it did hold improper the use of this policy as an excuse for discrimination in pupil assignment, or as a way to increase segregation or to avoid "maximum effective integration." 269 F. Supp. at 515, 417-418. The 1967 opinion also states clearly that "the fact that the Board believes in neighborhood schools for racially neutral reasons which alone suffice to explain the initiation and retention of that policy does not settle the matter; for these facts in no way cancel the possibility that the Board has concurrently favored it for racial reasons which are forbidden. If a valid purpose is in fact joined by an outright segregatory purpose, the court has no doubt that a de jure case has been established." 269 F. Supp. at 418.
There is evidence in the record, then, that, in changing Mann and Hearst from Gordon to Deal, the Board of Education was aware of and responded to neighborhood pressures to permit a small number of wealthy white children to escape from a school increasingly black, with numbers of them characterized by the president of the Board as "not prepared to go there." Allen deposition, p. 49. Defendants as much as admit the truthfulness of intervenors' allegations about the segregatory intent of Mr. Rosenfield when they urge in their proposed findings of fact and conclusions of law that this court should eschew "guessing at the intentions of the Board of Education based upon the statements of a single member of the Board, even though that member offered the amendment, for the amendment passed unanimously, and what motivates one member to make a speech about an amendment is not necessarily what motivates other members to enact it." But the court believes that the Board's actions cannot be accurately viewed apart from the factual and historical context developed above. Placed in context, the act of the Board as a whole must be seen as a knowing ratification of Mr. Rosenfield's segregatory rationale.
The facts as seen by the court are that the school board is under an injunction against racial or social discrimination, and that it has violated this injunction by knowingly taking a pupil placement action which permits white children to escape an increasingly black school. This court's earlier opinion states clearly that, when the school board is aware of a segregatory purpose behind the stated basis for a boundary change and when the stated reasons for such change are unconvincing, its passage of such a boundary change violates a decree against discrimination. 269 F. Supp. at 417, 499-500.
This action is brought by nine white parents who desperately want their children to have the value of an integrated education. They rely on the decree of this court's 1967 opinion for their legal support, and on the primary finding therein for the theoretical foundation of their position. Hobson's first finding is that "[racially] and socially homogeneous schools damage the minds and spirit of all children who attend them -- the Negro, the white, the poor and the affluent -- and block the attainment of the broader goals of democratic education, whether the segregation occurs by law or by fact." 269 F. Supp. at 406. Neither this court nor the school board can do anything, of course, to eliminate segregation which arises from the migration of white children to private or suburban schools. But any action by the Board itself which further imperils the integrated status of one of the few remaining District schools where real integration is possible amounts to an exacerbation and ratification of this larger trend and must be treated by this court as a violation of its 1967 decree. Wherefore
It is ordered, adjudged and decreed that the defendants, their successors, agents, officers, employees, and all those in active concert and participation with them be, and they are hereby, enjoined from:
1. Transferring or assigning the areas of Horace Mann and Phoebe Hearst Elementary Schools, or either of them, to the Alice Deal Junior High School area for purposes of pupil placement, whether as part of the Alice Deal Junior High School "cluster" or otherwise, and from
2. Implementing or carrying out the decision of the Board of Education on July 1, 1970 to accomplish the same.
It is further ordered, adjudged and decreed that, on or before January 15, 1971, defendant members of the Board of Education file with this court and serve upon intervenors a plan for the prompt transfer to and placement in Gordon Junior High School of those seventh grade students who formerly attended Horace Mann and Phoebe Hearst Elementary Schools and who are now at Alice Deal Junior High School.