Monday, May. 08, 1978

Back to the Drawing Board

Circuit court tells Dallas to try again on desegregation

When the Dallas school district unveiled its new desegregation plan two years ago, School Superintendent Nolan Estes predicted it would be "a model for the nation." Implemented with relative serenity, the Dallas plan called for the busing of some 17,000 students (out of 136,500 in the district) and a heavy concentration of federal funds in schools that were still largely minority. But its centerpiece was a progressive concept: the "magnet" school, designed to lure ninth-to twelfth-grade students of all races by offering them a variety of educational inducements. Desegregation in Dallas, claimed Estes, would pose "a stark contrast" to the violence in Boston, Louisville and other cities. Placid it was, but last week the New Orleans-based Fifth Circuit Court of Appeals found it inadequate as well. Noting that at least 41 of 117 schools in central Dallas and 27 of 30 in the predominantly black Oak Cliff section remained unintegrated, the court sent the plan back to Dallas district court and demanded a new version.

Under the 1976 plan ordered by Federal District Court Judge William M. Taylor, the Dallas school district was divided into six subdistricts. Two were relatively isolated from downtown Dallas: Oak Cliff, 98% black; and Seagoville, 85% white. In those two areas, school officials promised that even though the races were segregated, they would get "equal" education -a promise that obviously ran counter to the spirit of the Supreme Court's 1954 Brown v. Board of Education decision.

There were other obstacles besides. Despite the quality of the specialized programs offered in the 14 magnet schools (which included a business and management center, a creative arts academy and a health professions center), white enrollment was low from the start -and it has dwindled further over the past two years. Perhaps the most significant problem was the flight of whites to the suburbs: in 1970 the Dallas school district was 58% white, 34% black and 8% Mexican American. Seven years later whites numbered only 35%. The National Association for the Advancement of Colored People became so discouraged with the situation that it appealed for the plan to be reviewed. Claimed N.A.A.C.P. General Counsel Nathaniel Jones: "The Dallas plan had become something of a model for large urban school districts that did not want to or felt for one reason or another that they couldn't completely desegregate."

The Dallas board of education disagreed. Within minutes after the court order was announced, the board held an emergency two-hour session. Most likely it will go back to the circuit court for a rehearing in an effort to win approval of the original plan. If that fails, the board may appeal to the Supreme Court. "We have an abundance of evidence to justify the validity of the plan," insisted Superintendent Estes. Judge Taylor argued that the circuit court verdict was "not a complete rejection," even though it unambiguously demanded "the formulation of a new student-assignment plan."

The Dallas decision inevitably fueled speculation about desegregation plans in other cities where the magnet school concept is under consideration, most notably Chicago and Los Angeles. "Dallas isn't big enough to be a test case," said Robert Havighurst, professor emeritus of education at the University of Chicago. "Chicago and Los Angeles will be the real testing ground." In Los Angeles, Diane Watson, the only black member of the school board, thought the decision would spur greater desegregation efforts. "In light of what's come out of Dallas," she said, "I think that our current plan will certainly be extended." Exulted N.A.A.C.P. Lawyer Jones: "It's a clear victory and one we will be able to use with great effectiveness in the other battles coming up." The first battleground will be Chicago, where the N.A.A.C.P. intends to file a suit within a few months.

For those most directly involved, students and teachers, the prospect of renewed battles over the issue was hardly reassuring. "After a while, our kids are political pawns," lamented Yvonne Ewell, assistant superintendent of the predominantly black Oak Cliff subdistrict: "I just care about educating our students.'' qed

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