Unitary Status Plus Ten Years
Ref: Manning v. School Board of Hillsborough County
March 28, 2011 marks the ten-year point of Hillsborough County Public Schools’ freedom from court supervision of its desegregation plan. The occasion seems to be passing with little commentary. Perhaps that is a good thing.
Today, students face different challenges and opportunities in our public schools. “White flight” from the schools did not occur. This indicates that local education leaders were able to address parental concerns about integrated schools. Students who apply themselves today can graduate with college credits, Bright Futures Scholarships, and access to exceptional postsecondary opportunities.
Great teachers throughout the school district—and the state—are under strains that the Legislature and Governor are creating in the name of “education reform.” Their promise is that students will benefit because of their meddling in the local control of the operations of schools. Ten years after Hillsborough County Public Schools achieved Unitary Status, the key threat to public education is the morale of the teaching corps.
Students of color can benefit from an increased presence of adults from their communities at their schools during daylight hours. Showing support for teachers is something easy for some to do. Reinforcing academic concepts with students after school may be possible for others to begin.
“Now is the time for all good men (and women) to come to the aid of our [students]!”
In His Service,
Jason
Manning v. School Board of Hillsborough County
Footnote 25
Local control is complementary, not contradictory, to the goal of eradicating illegal discrimination from our
nation’s schools. The Supreme Court has spoken to this principle:
Returning schools to the control of local authorities at the earliest practicable date is essential to restore
their true accountability in our governmental system. When the school district and all state entities
participating with it in operating the schools make decisions in the absence of judicial supervision, they
can be held accountable to the citizenry, to the political process, and to the courts in the ordinary
course…. [I]t must be acknowledged that the potential for discrimination and racial hostility is still present in our country, and its manifestations may emerge in new and subtle forms after the effects of de jure segregation have been eliminated. It is the duty of the State and its subdivisions to ensure that such
forces do not shape or control the policies of its school systems. Where control lies, so too does
responsibility. Freeman, 503 U.S. at 490, 112 S.Ct. at 1445.
No. 99-2049.
United States Court of Appeals,
Eleventh Circuit.
March 16, 2001.
March 28, 2001.
Appeal from the United States District Court for the Middle District of Florida. No. 58-03554-CIV-T-17C),
Elizabeth A. Kovachevich, Chief Judge.
Before BLACK, FAY and COX, Circuit Judges.
BLACK, Circuit Judge:
Appellants argue that they have eliminated the vestiges of past discrimination to the extent practicable
and have fully complied in good faith with the desegregation decree. Accordingly, Appellants claim their
school district should be declared unitary and federal judicial supervision should cease. Conversely,
Appellees, a class of African-American schoolchildren, contend the school district is not unitary and federal
judicial oversight of Appellants remains necessary. We hold that Appellants have achieved unitary status.
We reverse and remand for the district court to enter judgment, in accordance with this opinion, declaring
the Hillsborough County school system to be unitary.
78. CONCLUSION
The district judge’s finding that Appellants have not achieved unitary status was tainted and infected by
reliance on an incorrect legal standard. As such, we reverse the district judge’s orders of October 26,
1998, and December 4, 1998. Upon remand, the district court shall enter judgment declaring the
Hillsborough County school system unitary. Therefore, federal judicial supervision of the Hillsborough
County school system shall cease.
Jason D. Mims
Lieutenant Colonel, US Army, Retired
3906 W. Tyson Ave. Tampa, FL 33611
CELL: (813) 787-0392
jason
The MIMS Institute www.mimsinstitute.com
Promoting academic excellence in key urban zip codes
…The fruit of LOVE is SERVICE. The fruit of SERVICE is PEACE.
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