Morgan v. Mcdonough

540 F.2d 527 (1st Cir. 1976)

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Nature of the Case

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Facts

In November 1975, P, representing a class of all black Boston public school students and parents, moved to close a school, alleging that black students there were being denied a peaceful, integrated and nondiscriminatory education. The district court found Ps' basic allegations to be correct, but declined to close the School, ordering instead that it be placed in the temporary receivership of the court. The purpose of the receivership was to effectuate as soon as possible 'such changes in the administration and operation of South Boston High School as are necessary to bring the School into compliance with the student desegregation plan dated May 10, 1975. The court directed the receiver to (1) arrange for the transfer of the School's headmaster, full-time academic administrators, and football coach, without reduction in compensation, benefits, or seniority; (2) evaluate the qualifications of all faculty and educational personnel and arrange the transfer and replacement of whomever he sees fit for the purposes of desegregation, without reduction in compensation, benefits, or seniority; (3) file a plan with the court for the renovation of the School; (4) try to enroll non-attending students and establish catch-up classes; and (5) make recommendations to the court relative to certain provisions of the plan. D appealed.