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IN THE UNITED STATES DISTSRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

UNITED STATES OF AMERICA, )

)
Plaintiff, )
)
vs. ) Civil Action No. 70-609
)
)
FLORENCE COUNTY SCHOOL )
DISTRICT 1, et. al., )
)
Defendants. )
)

AGREED ORDER OF UNITARY STATUS AND DISMISSAL

The United States has completed a review of the Florence County School District 1 (the

“District”). Based on a review of the information and data provided by the District, and other

information obtained by the United States, and the record in this case, the United States has

advised the District that, in its view, the District has fulfilled its affirmative desegregation

obligations under the Fourteenth Amendment and applicable Federal law. The parties agree that

a declaration of unitary status by the Court would be appropriate in this case at this time. As

indicated by the signatures of counsel below, the parties respectfully request that the Court

approve this Agreed Order of Unitary Status and Dismissal and terminate jurisdiction over this

case.

I. PROCEDURAL HISTORY

On March 4, 1970, the District submitted a desegregation plan to the United States

Department of Health, Education, and Welfare (“HEW”) for approval. The United States

Department of Justice (“DOJ”) became involved in this matter in July 1970 after the Florence

County Public School Board (the “Board”) and HEW had reached an impasse over the Board’s

proposed plan to desegregate its schools. On July 15, 1970, the District filed a revised plan,
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modifying its original plan to conform to the suggestions made by officials from HEW and the

DOJ. On August 20, 1970, District Judge Donald Russell ordered that the filed revised plan,

dated July 15, 1970, take effect in the 1970-1971 school year. On July 23, 1971, District Judge

Robert Hemphill authorized a revised desegregation plan that focused on student attendance

zones, transfer policies, and faculty desegregation, to take effect in the 1971-1972 school year.

In February 1993, the United States received complaints about the District, including

allegations that the District was engaging in discriminatory behavior and violating the terms of

the 1971 desegregation plan. On May 12, 1993, the National Association for the Advancement

of Colored People (NAACP) brought a separate suit alleging that the District was engaging in

discriminatory activities against African American citizens and violating the terms of the 1971

Desegregation Plan. On June 10, 1993, the United States moved to transfer the NAACP

complaint to the Florence Division so that the court could consolidate it with the case brought by

the United States against the District. On July 19, 1993, the United States moved to consolidate

both cases.

On June 26, 1995, a Consent Order was signed and issued by the Court. Pursuant to the

Consent Order, the District agreed, among other things, to (i) implement “Attendance Zone Plan

4a” for its elementary schools, (ii) implement a fully funded and accredited International

Baccalaureate Program at the historically and predominantly African American Williams Middle

and Wilson High Schools, (iii) continue efforts to actively recruit minority personnel, (iv)

continue steps to establish and maintain hiring practices to retain African American faculty and

staff at each school in ratios that approximate the district-wide averages of African American

faculty and staff, (v) continue to insure that white and African American experienced personnel

were retained in numbers comparable to the district-wide averages at each school, and (vi) to

provide a detailed annual report to the United States, which includes enrollment, transfer and

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hiring data, as well as a narrative text.

On November 29, 1995, the District submitted a proposed Consent Order and request to

schedule a fairness hearing to determine unitary status. On March 8, 1996, the Court held a

fairness hearing related to the proposed Consent Order. Following the fairness hearing, Judge

Duffy issued a Consent Order, agreed upon by both parties.

Three years later, on July 6, 1999, the parties entered an informal agreement resolving

five remaining areas of concern: racial composition of the IB Program, faculty hiring, student

discipline as an element of quality of education, and racial composition of the Gifted Program.

Since 1999, the United States has actively monitored the District, completed several site visits to

evaluate compliance with the existing Order, and issued formal and informal requests for

information to the District. As a result of the extensive review, the parties to this Agreed Order

hereby request approval of this Agreed Order of Unitary Status and Dismissal.

II. STIPULATED FACTS

a. STUDENT ASSIGNMENT

The 1971 Revised Desegregation Plan modified the attendance zone lines of the District’s

22 schools. 1 These changes were implemented to bring about racial balance and eliminate the

prior de jure system within the District.

For the 2017-2018 school year, the District enrolled approximately 16,250 students in 21

schools. Across the District, 8,643 black students were enrolled (approximately 53.2%), 6,261

white students were enrolled (approximately 38.5%), and 1,346 students of other racial or ethnic

minorities were enrolled (approximately 8.3%). No individual school enrollment by race varied

1
July 22, 1971 Revised Desegregation Plan at 1-2.
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by more than 20% from the district-wide average. 2 Enrollment at each school for the 2017-18

school year is shown below:

School Name Grade Black % White % Other % Total

South Florence 9-12 829 48.7% 751 44.1% 123 7.2% 1,703
West Florence 9-12 763 42.8% 905 50.8% 115 6.4% 1,783
Wilson 9-12 812 66.4% 267 21.8% 144 11.8% 1,223
HS Total 2,404 51.1% 1,923 40.8% 382 8.1% 4,709

Sneed 7-8 368 41.3% 465 52.2% 58 6.5% 891

Southside 7-8 451 48.3% 412 44.1% 71 7.6% 934
Williams 7-8 390 63.1% 160 25.9% 68 11% 618
MS Total 1,209 49.5% 1,037 42.4% 197 8.1% 2,443

Briggs K-6 274 47.9% 262 45.8% 36 6.3% 572

Carver PK-4 250 44.2% 266 47.0% 50 8.8% 566
Delmae K-4 324 47.4% 267 39.1% 92 13.5% 683
Dewey-Carter PK-6 366 47.7% 327 42.6% 75 9.7% 768
Greenwood K-6 404 54.8% 286 38.8% 47 6.4% 737
Henry Timrod PK-6 236 60.7% 113 29.0% 40 10.3 389
Theodore Lester PK-6 299 67.1% 104 23.3% 43 9.6% 446
Lucy T. Davis K-4 324 55.8% 276 47.5% 33 5.7% 633
McLaurin PK-4 408 50.6% 337 41.8% 61 7.6% 806
Moore 5-6 438 45.3% 426 44.1% 103 10.6% 967
North Vista PK-6 663 93.8% 21 3.0% 23 3.2% 707
Palmetto Youth
Academy Charter 3-6 96 99% 0 0.0% 1 1.0% 97
Royall K-6 269 42.0% 296 46.2% 76 11.8% 641
Savannah Grove K-6 443 66.7% 175 26.4% 46 6.9% 664
Wallace Gregg K-6 236 56.0% 145 34.3% 41 9.7% 422
ES Total 5,030 55.3% 3,301 36.3% 767 8.4% 9,098

TOTAL 8,643 53.2% 6,261 38.5% 1,346 8.3% 16,250

2
North Vista’s student enrollment does vary from the district-wide average requirement;
however, the parties agreed in 1995 that North Vista would operate as a racially identifiable
African American school. Palmetto Youth Academy (Charter School), Beck Learning Center
(Alternative School) and Alfred Rush Academy (Pre-K School) are not considered in the district-
wide average analysis due to the unique nature and operation of each of these schools.
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Based upon the United States’ review, the District is not making classroom assignments

on the basis of race. In addition, the District does not appear to enroll a significant number of

out-of-district students nor are out-of-district transfer students creating a significant impact on

enrollment by race in any school within the District.

b. FACULTY AND STAFF

The 1971 Revised Desegregation Plan stated, “Faculty members will be assigned to each

elementary, junior high and high school in approximately the same ratio to the extent that

qualification and subject matter experience permits such assignments.” 3 Based upon review by

the United States, it appears that the District is complying with this mandate.

The District employed 999 teachers during the 2016-17 school year. Of those,

approximately 742 teachers are white (74.3%) and 240 teachers are black, (24.0%). No school

could be considered a black school by virtue of faculty assignment, based upon the comparison

to District enrollment, as no school had more than 22% black faculty. The percentage of black

faculty increased by 2%, or 25 teachers, from the previous year. Faculty assignments are

provided below:

School Name Grade Black % White % Other % Total

South Florence 9-12 13 15.5% 68 81.0% 3 3.5% 84
West Florence 9-12 37 48.7% 36 47.4% 3 3.9% 76
Wilson 9-12 23 53.5% 18 41.9% 2 4.6% 43
HS Total 73 36.0% 122 60.1% 8 3.9% 203

Sneed 7-8 15 28.3% 37 69.8% 1 1.9% 53

Southside 7-8 17 28.8% 42 71.2% 0 0.0% 59
Williams 7-8 17 17.9% 77 81.0% 1 1.1% 95
MS Total 49 23.7% 156 75.4% 2 0.9% 207

Briggs K-6 3 7.1% 39 92.9% 0 0.0% 42

Carver PK-4 7 16.7% 35 83.3% 0 0.0% 42

3
July 22, 1971 Revised Desegregation Plan at 3.
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School Name Grade Black % White % Other % Total

Delmae K-4 10 21.3% 36 76.6% 1 2.1% 47
Dewey-Carter PK-6 2 4.0% 47 94.0% 1 2.0% 50
Greenwood K-6 4 8.9% 41 91.1% 0 0.0% 45
Henry Timrod PK-6 7 21.9% 25 78.1% 0 0.0% 32
Theodore Lester PK-6 8 22.2% 28 77.8% 0 0.0% 36
Lucy T. Davis K-4 9 24.3% 28 75.7% 0 0.0% 37
McLaurin PK-4 6 12.8% 41 87.2% 0 0.0% 47
Moore 5-6 6 12.2% 42 85.7% 1 2.1% 49
North Vista PK-6 25 47.2% 24 45.3% 4 7.5% 53
Palmetto Youth
Academy Charter 3-6 No Data Available 0
Royall K-6 3 6.8% 41 93.2% 0 0.0% 44
Savannah Grove K-6 19 46.3% 22 53.7% 0 0.0% 41
Wallace Gregg K-6 9 37.5% 15 62.5% 0 0.0% 24
ES Total 118 20.0% 464 78.8% 7 1.2% 589

TOTAL 240 24.0% 742 74.3% 17 1.7% 999

In sum, the District appears to recruit, hire, and assign faculty and staff in a non-

discriminatory manner and teacher and staff assignments are not made on the basis of race.

c. TRANSPORTATION

The parties stipulate that the District has met its affirmative desegregation obligations

with regard to transportation and has eliminated the vestiges of prior de jure discrimination to the

extent practicable. The District (i) has implemented nondiscriminatory transportation policies

and practices, and (ii) routinely reviews its transportation system and bus routes to maintain

balance. Black, white, and other students are transported daily on the same buses, no students

are required to take disproportionately longer rides to school, and students are integrated within

each of the bus routes. Furthermore, the United States has not received any complaints about

transportation in the District.

d. EXTRA-CURRICULAR ACTIVITIES

The parties stipulate that the District has met its affirmative desegregation obligation with

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regard to extra-curricular activities and has eliminated the vestiges of prior de jure discrimination

to the extent practicable. The United States has not received any complaints about

discrimination in the administration or operation of extra-curricular activities and no complaints

were offered during the September 2017 community meeting. In addition, the United States has

reviewed yearbooks and other information, met with District personnel, conducted interviews

and outreach, and determined that the District provides equal opportunities for students to

participate in extracurricular activities.

e. FACILITIES, AND RESOURCE ALLOCATION

Pursuant to the 1996 Consent Order, the District is required to “at least ninety (90) days

prior to expending any funds or entering into any binding obligations for the purchase of property

for prospective school sites or regarding the construction or expansion of school facilities, and

prior to abandoning any facility . . . consider the impact of any such decision on desegregation

and provide written notice to counsel for the United States.” 4

The parties herein stipulate that the District satisfied prior court orders regarding

facilities. The District operates twenty-three schools (fourteen elementary schools, three middle

schools, three high schools, one alternative secondary school, one pre-kindergarten, and one

charter elementary school), using attendance zones based on residence to determine each

students’ assigned school. The United States conducted site visits of 7 schools (Wilson High,

West Florence High, North Vista Elementary, Theodore Lester Elementary, Royal Elementary,

William Middle and Sneed Middle), and the alternative school (Beck Learning Center) between

September 25-27, 2017. All of the school buildings appeared in good condition with adequate

space for the number of students, and the United States received no complaints about facilities.

4
June 26, 1995 Consent Order at 10.
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III. LEGAL STANDARDS

The goal of a school system operating pursuant to a desegregation order is to convert

promptly from a de jure segregated school system to a system without “white” schools or

“black” schools, but just schools. Green v. Cty. Sch. Bd. of New Kent Cty., 391 U.S. 430, 442

(1968). As established by the Supreme Court, a school district seeking a declaration of unitary

status and termination of judicial supervision must show that its schools have: (1) fully and

satisfactorily complied with the Court’s decrees for a reasonable period of time; (2) eliminated

the vestiges of prior de jure discrimination to the extent practicable; and (3) demonstrated a

good-faith commitment to the whole of the Court’s decrees and to those provisions of the law

and the Constitution that were the predicate for judicial intervention in the first instance. See

Missouri v. Jenkins, 515 U.S. 70, 87-89 (1995); Freeman v. Pitts, 503 U.S. 467, 491-92, 498

(1992); Bd. of Educ. of Oklahoma City Pub. Sch. v. Dowell, 498 U.S. 237, 248-50 (1991).

The Supreme Court has identified six areas, commonly known as the “Green factors,”

that must be addressed as part of the determination of whether a school district has fulfilled its

duties and eliminated vestiges of the prior dual system to the extent practicable: (1) student

assignment (including the administration of student discipline); (2) faculty; (3) staff; (4)

transportation; (5) extracurricular activities; and (6) facilities. See Dowell, 498 U.S. at 250

(discussing Green, 391 U.S. at 435). The Supreme Court also has approved consideration of

other indicia, such as “quality of education,” as important factors for determining whether the

school district has fulfilled its desegregation obligations. Freeman, 503 U.S. at 492-93.

Based on the information and data provided by the District, and on all the surrounding

facts, the parties agree that the District has complied with the Court’s desegregation orders for a

reasonable period of time. Furthermore, the parties agree that the District has eliminated the

vestiges of past de jure discrimination to the extent practicable in the areas of student

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assignment, faculty, staff, transportation, facilities, and extracurricular activities, which are

“among the most important indicia of a segregated system.” Dowell, 498 U.S. at 250 (citations

omitted).

IV. CONCLUSION

The Court concludes that the Florence County School District 1 has satisfied the legal

requirements for a declaration of unitary status, and that it is therefore entitled to dismissal of this

action. Accordingly, it is hereby ORDERED that all prior injunctions in this case are

DISSOLVED, jurisdiction is TERMINATED, in this case is DISMISSED WITHOUT

PREJUDICE.

IT IS SO ORDERED.

____________________________
September 26, 2018 _______________________________
Date UNITED STATES DISTRICT JUDGE

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AGREED:

For Plaintiff, UNITED STATES OF AMERICA

SHERRI A. LYDON JOHN M. GORE

United States Attorney Acting Assistant Attorney General

/s/ Terri Hearn Bailey /s/ Christopher S. Awad

TERRI HEARN BAILEY SHAHEENA SIMONS
Assistant United States Attorney RENEE WOHLENHAUS
1441 Main Street CHRISTOPHER S. AWAD
Columbia, South Carolina 29201 U.S. Department of Justice
Civil Rights Division
Educational Opportunities Section
Patrick Henry Building, Suite 4300
950 Pennsylvania Ave., NW
Washington, DC 20530
(202) 514-4092

For Defendant, FLORENCE COUNTY PUBLIC SCHOOL BOARD, DISTRICT NO. 1

/s/ D. Laurence McIntosh________________

D. LAURENCE MCINTOSH
P.O. Drawer 1831
Florence, SC, 29503-1831
Tel: (843) 843-662-4328 Fax: (843) 661-5183
Attorney for the Defendant

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