In addition, there has been no recruitment, active or otherwise, on the school's part of black students or teachers. The court in Norwood, supra at 925, equates an unusual enlargement of a private school with the formation of one at the time of integration as a factor in determining whether it is racially discriminatory. This is what happened to Grawood, and they were willing to take advantage of the white flight from the public schools. Since that time, it has taken no meaningful action to remedy the situation and should not be entitled to state assistance.
6. West End Academy
West End Academy is located in St. Mary Parish, and on July 29, 1969, the district court in that district ordered desegregation of the public schools by a method other than freedom-of-choice. In response to this order, West End was opened in September 1969 with two grades. Additional grades were added between 1970 and 1974, and the school currently enrolls approximately 200 students in grades kindergarten through twelfth. From 1969 through the 1975-76 school year, West End had an all-white student body and faculty. However, after the school was notified that its certification was being challenged by plaintiffs and the government in these proceedings, it admitted a single black student to the school in September 1976.
During the defense put on by West End, it was admitted by a member of the school's Board that West End was founded to provide an education in an "orderly environment" which could not be found in the newly integrated public schools. In addition, it was brought out that it was not until 1971 that the school first published a statement of nondiscriminatory admissions policy in a newspaper advertisement, and this was only after the IRS notified it that such action was necessary in order to maintain tax exempt status. Subsequent to this, and over the opposition of a number of members of the school's Board, the school amended its Articles of Incorporation to include a nondiscriminatory clause. West End has no recruitment policy to enroll or employ black students or teachers. All of the faculty is white. There was testimony at the hearing that the black community regards West End as a school for whites who do not want integration. That a single black student was admitted on application and not on recruitment at a critical time does not overcome this. Nor do we think that the admission of one black student constitutes "active and vigorous" action in order to overcome a conclusion of disqualification for assistance at this time.
The Plaquemines Parish Independent School System
7. Promised Land Academy (East Side School Association)
8. Delta Heritage Academy (Buras School Association)
9. River Oaks Academy (Belle Chasse School Association)
10. McBride Academy (Port Sulphur School Association)
Plaquemines Parish Independent School System appears to be a mirror image of the public school system. It has a private school system composed of four related schools with common educational, admission and employment policies, administered by its own superintendent. The system was admittedly formed in opposition to the foreshadow of integration of the Parish's public school system. A very significant percentage of white students and teachers left the public schools to form the student bodies and faculties of the private schools and the private system has remained all white ever since. There is no question but that the schools involved maintain a discriminatory policy. (See specifically the findings of the late Judge Herbert Christenberry in United States v. Plaquemines Parish School Board, C.A.No. 66-71, August 29, 1966.) The schools began operation with student bodies and faculties lifted from the white public schools, and their combined enrollment was in excess of 2,200 students. These schools introduced no meaningful, if any, evidence on rebuttal to even suggest that they did not employ a racially discriminatory policy.
In conclusion, the Court does not feel that it can approve any of the schools involved in these proceedings for state assistance at this time. This does not, of course, mean that the picture cannot change in the future with the appropriate action being taken by these schools as spelled out here and in Norwood. Accordingly, the Court directs the plaintiffs and the government jointly to present it with an appropriate form of order.
SUPPLEMENTAL ORDER (January 11, 1977)
Pursuant to the certification procedure proscribed in the Court's order of December 2, 1975, the State Department of Education certified as eligible for state assistance a number of private schools. The government and private plaintiffs objected to the eligibility of the fourteen schools listed below:
1. Alexandria Country Day School
2. Belle Chasse School Association (River Oaks Academy)