April 19th, 2019
US Court of Appeals for the Fifth Circuit Opinions
Moore v. Tangipahoa Parish School Board
Opinion Date: April 18, 2019
Areas of Law: Civil Rights, Constitutional Law, Education Law
This appeal arose from the district court's 2017 decision to grant "provisional" unitary status to the school system in the area of facilities. The district court set a two-year year probationary period, during which it would retain jurisdiction over that aspect of the desegregation order and the school district would face semiannual compliance reviews. At the end of the two years, the district court would then consider an "unconditional" grant of unitary status in facilities. The school board appealed. The court held that the Youngblood procedure, requiring a probationary period before final dismissal of a desegregation case, is a longstanding practice in this circuit. The court rejected the school board's legal challenge to the Youngblood procedure and held that a district court has long had discretion to impose a Youngblood period, and the school board cited nothing that would allow the court to depart from this settled law. The court also held that the district court did not clearly err by determining that the school board came up a bit short of demonstrating good faith compliance and that a two year probationary period was necessary in this case.
Leave a Reply.
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm