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FULLER v. VOLK

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


June 3, 1964

Gertrude P. FULLER et al., Plaintiffs,
v.
Austin A. VOLK et al., constituting the Board of School Estimate of the City of Englewood, the City of Englewood, and John H. Perry et al., constituting the Board of Education of the City of Englewood, Defendants. Jerry Volpe et al., Intervening Plaintiffs, and Frederick M. Raubinger, Commissioner of Education of the State of New Jersey, Kenneth Ancrum et al., and Deborah Spruill, Intervening Defendants

The opinion of the court was delivered by: AUGELLI

The plaintiffs in this case challenge the validity of a plan (hereinafter called the 'Plan') adopted by the Englewood Board of Education on July 29, 1963, entitled 'PROPOSAL OF A PLAN TO COMPLY WITH THE DECISION OF THE STATE COMMISSIONER OF EDUCATION OF NEW JERSEY DIRECTING THE ENGLEWOOD BOARD OF EDUCATION TO REDUCE THE EXTREME CONCENTRATION OF NEGRO PUPILS IN THE LINCOLN SCHOOL'.

The following facts are based on a stipulation made in open court on December 16, 1963, and on the several exhibits marked in evidence on that date, including a map showing the school attendance areas in Englewood prior and subsequent to the effective date of the Plan.

 The School District of the City of Englewood is organized under the provisions of Chapter 6 of Title 18 of the Revised Statutes of New Jersey, N.J.S.A. 18:6-1 et seq. The Englewood Board of Education consists of five members appointed by the Mayor, and its funds for operation of the schools are subject to approval by the Board of School Estimate.

 The City of Englewood is a community with a population of approximately 30,000 people, and has a geographical area which measures roughly 2.7 miles in length and 2.3 miles in width. The City has one junior high school, attended by children in grades 7, 8 and 9; and one senior high school, attended by children in grades 10, 11 and 12.

 The controversy in this case centers around the elementary schools of Englewood, with its focus on the Lincoln School where the enrollment was composed almost exclusively of Negro children. Prior to the adoption of the Plan, there were five elementary schools in Englewood, kindergarten through sixth grade, to which pupils were assigned generally on the basis of residence in certain designated attendance areas. As of September 19, 1962, these schools, their enrollment, and racial composition, were as follows: School Enrollment % White % Negro /-- /-- /-- /-- Cleveland 477 99.6 .4 Liberty 418 38.0 62.0 Lincoln 505 2.0 98.0 Quarles 343 96.8 3.2 Roosevelt 345 85.5 14.5

19640603

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