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WHEREAS, the Atlanta Board of Education has been directed to present to the Court by December 1, 1959, a plan designed to bring about compliance with the order of the Court of July 9, 1959; and
WHEREAS, the Atlanta Board of Education is making every effort to provide the Atlanta Public School System with the very best buildings, equipment, and other facilities and curriculum for the approximately 116,000 students; and
WHEREAS, the City of Atlanta is undergoing rapid urbanization bringing an influx of children of varying degrees of achievement and ability due not to only to individual aptitude but to educational opportunities heretofore available; and
WHEREAS, There is and has been public construction in Atlanta, which together with other building has resulted in drastic changes in neighborhood patterns, and these chances will be greatly magnified by the proposed slum clearance involving the vacating of more than 1,200 acres of land with the resultant displacement of families; and
WHEREAS, These factors result in not only a continuous influx of new students within the system, and also from the system into the suburban areas adjoining Atlanta; and
WHEREAS, the changing neighborhood patterns, the 39 million dollars worth of new school construction since 1948, the great influx of new students, and the continuous movement of students within the system has caused admission, assignment, transfer,and continuance of students and to the various schools within the system to become a major problem of administration; and
WHEREAS, Pending further studies and recommendations by the school authorities, the Board of Education considers that any general or arbitrary reallocation of pupils heretofore entered in the public school system according to any rigid rule of proximity of residence or in accordance solely with requests on behalf of pupils would be disruptive to orderly administration, and would tend to invite or induce disorganization and would impose an excessive burden on the available resources as well as the teaching and administrative personnel of the schools; and
WHEREAS, In September, 1960, there will be a shortage of 580 classrooms in Atlanta schools and many children are now on double sessions, housed in churches and facilities other than classrooms, and the Board realizes that continuous systemwide studies must be made to determine available seats for students and studies of achievement and ability of the students where these seats may exist as well as other factors consentent with the educational polices governing the admission, assignment, transfer, and placement of pupils in the public schools and will be prescribed in this document; and
WHEREAS, the State Board of Education has not promulgated rules and regulations relative to the placement of students in the schools, and this Board has the inherent power of pupil placement, and more complete regulations are necessary,
NOW THEREFORE: To insure orderly procedures of uniform application for pupil assignment, transfer and/or placement, and to enable the continuing improvement of the educational advantages offered, the following rules and the procedure shall be followed:
1. In the assignment, transfer or continuance of pupils among and within the schools, or within the classroom and other facilities thereof, the following factors and the effects or results thereof shall be considered, with respect to the individual pupil, as well as the other relevant matters: Available room and teaching capacity in the various schools; the availability of transportation facilities; the effect of the admission of new pupils upon established or proposed academic programs; the suitability of established curricula for particular pupils; the adequacy of the pupil's academic preparation for admission to a particular school and curriculum; the scholastic aptitude and relative intelligence or mental energy or ability of the pupil; the psychological qualification of the pupil for the type of teaching and associations involved; the possibility of threat of friction or disorder among pupils or others; the possibility of breaches of the peace or ill will, or economic retaliation within the community; the effect of admission of the pupil upon the academic progress of other students in a particular school or facility thereof; the effect of admission upon prevailing academic standards at at particular school; the psychological effect upon the pupil of attendance at a particular school; the home environment of the pupil; the maintenance or severance of established social and psychological relationships with other pupils and with teachers; the choice and interests of the pupils; the ability to accept or conform to new and different educational environment; the morals, conduct, health, and personal standards of the pupil; the request or consent of parents or guardians and the reasons assigned therefore.
2. Subject to supervision and review by the Board, the City Superintendent of Schools shall have authority and be charged with responsibility with respect to the assignment (including original and all other admissions to the school system), transfers and continuance of pupils among and within all public schools operated under the jurisdiction of the Atlanta Board of Education.
3.The superintendent shall have authority to determine the particular public school to be attended by each child applying for assignment or transfer, and no child shall be entitled to be enrolled or entered in a public school until he has been assigned thereto by the superintendent or his duly authorized representative. All existing school assignments shall continue without change until or unless transfers are directed or approved by the superintendent or his duly authorized representative.
4. Between June 1 and June 15 applications for the admission, assignment, or transfer, and/or placement of pupils to or in particular schools shall be directed to the superintendent of schools and shall be delivered to the school principal unless otherwise directed by the superintendent on forms provided by the superintendent, and made available at the offices of the Board of Education. Such forms shall be delivered only on request and to the applicant student or to his parent or legal guardian, in person by the principal of the school then attended by such student or by the superintendent of schools.
5. A separate application must be filed for each pupil desiring assignment or transfer to a particular school and no joint application will be considered.
6. Applications for assignment or transfer of pupils must be filled in completely and legibly in ink or typewriter and must be signed by both parents or the parent to whom the child has been awarded by court proceedings, or the legal guardian of each child for whom application is made. Further, the application must be notarized at the time it is filed. Notice of the action taken on each application shall be mailed to the parents or guardian, at the address shown on the application, which shall be final, unless a hearing before the Board is requested in writing 15 days from the date of mailing such statement.
7. The superintendent may in his discretion require interviews with the child, the parents or guardian, or other persons and may conduct or cause to be conducted such examinations, tests and other investigations as he deems appropriate. In the absence of excuse, satisfactory to the superintendent or the Board, failure to appear for any requested examination, test or interview by the child or the parents or guardian will be deemed a withdrawal of the application.
8. A parent or guardian of a pupil may file in writing with the Atlanta Board of Education objections to the assignment of the pupil to a particular school, or may request by petition in writing assignment or transfer to a designated school or to another school to be designated by the Board. Unless a hearing is requested, or unless the Board deems a hearing necessary, the Board shall act upon the same within a reasonable time stating its conclusion. If a hearing is requested or if the Board deems a hearing necessary with respect to the Superintendent's conclusion on an application, the parents or guardian will be given at least five days written notice of the time and place of the hearing. The hearing will be begun within thirty days from the receipt by the Board of the request. Failure of the parents or guardian to appear at the hearing will be deemed a withdrawal of the application.
9. The Board may conduct such hearing or may
designate not less than three of its members to conduct the same
and may provide that the decision of the members designated or
a majority thereof shall be deemed a final decision by the Board.
The Board of Education may
designate one or more of its members or one or more competent
examiners to conduct any such hearing, take testimony, and report
the evidence, with his recommendation, to the entire Board for
its determination. In addition to hearing such evidence relevant
to the individual pupil as may be presented on behalf of the petitioner,
the Board shall be authorized to conduct investigations as to
any objection or request, including examination of the pupil or
pupils involved, and may employ such agents and others, professional
and otherwise, as it may deem necessary for the purpose of such
investigations and examinations. No final order shall be entered
in such case until each member of the Board of Education has considered
the entire record.
10. Unless postponement is requested by the parents or guardian,
the Board will notify them of its decision within twenty days
after the conclusion of the hearing. Exceptions to the decision
of the Board may be filed within five days of notice of the Board's
decision and the Board shall meet within fifteen days of the receipt
of the exceptions to consider the same. Any person dissatisfied
with the final decision of the Board may appeal to the State Board
of Education as provided by law.
11. If from an examination of the record made upon objections filed to the assignment of any pupil to a particular school, or upon an application on behalf of any pupil for assignment to a designated school, or another school to be designated by the Board, or from an examination of such pupil by the Board or its authorized representative, or otherwise, the Board shall determine that any such pupil is between his or her seventh and sixteenth birthdays and is mentally or physically incapacitated to perform school duties, or that any such pupil is more than sixteen years of age and is maladjusted or mentally or otherwise retarded so as to be incapable of being benefited by further education to the extent that further use of public funds for the education of such pupil is not justified, the Board may assign the pupil to some available vocational or other special school, or terminate the public school enrollment of such pupil altogether.
12. Beginning September 1, 1960, or on September 1, following favorable action by the General Assembly of Georgia, student assignment In the Atlanta Public School System shall be made in accordance with aforesaid rules and regulations and without regard to race or color. For the first school year in which it is effective, the plan shall apply to the students in the 12th grade. Thereafter, in each successive year, the plan shall be extended to the immediate lower grade: e.g., in 1961-62 -- grade 11, in 1962-63 -- grade 10, etc., until all grades are included.
13. Nothing contained in this resolution shall be construed to prevent the separation of boys and girls in any school or grade, and to prevent the assignment of boys and girls to separate schools; and
14. These rules and procedure shall be contingent upon the enactment of statutes by the General Assembly of Georgia permitting the same to be put into operation, and shall be submitted to the General Assembly for approval. Counsel are directed to transmit copies to the President of the Senate and the Speaker of the House of Representatives upon authorization by the Court.
source: Atlanta Journal, December 1, 1959
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