Appeals from the Order of the State Board of Education in the Matter of the Proposal for the Reorganization of the School District in the Central Eastern Area of Allegheny County.
Carl W. Brueck, Jr., Solicitor, for appellant, Edgewood School District.
William M. Wycoff, Solicitor, for appellant, East Allegheny School District.
James C. Evans, with him M. E. Evashwick, for Turtle Creek School District.
J. Robert Maxwell, Solicitor, for appellant, Churchill Area School District.
Burton D. Morris, Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer.
[ 17 Pa. Commw. Page 138]
On June 9, 1971, a number of plaintiffs, as individuals, parents and guardians of school aged children, and as class representatives of those similarly situated, filed a civil rights action in the United States District Court for the Western District of Pennsylvania.*fn1 The complaint named as defendants the Commonwealth of Pennsylvania, the State Board of Education (State Board), and various state and local administrative bodies and certain of their individual members.
Plaintiffs alleged the violation of constitutional rights resulting from the adoption of a school district reorganization plan which merged the school districts of Rankin, Braddock and North Braddock and formed a new school district named the General Braddock School District. It was alleged that this plan and resulting new school district maximized segregation and inequality.
Following a trial, District Court Judge Gerald J. Weber found that the creation of the General Braddock School District violated the constitutional rights of the named and class plaintiffs. On May 15, 1973, Judge Weber signed an order directing the State Board to prepare and submit to the District Court a comprehensive plan of school desegregation for the central eastern area of Allegheny County to remedy the constitutional violations which he had found to exist.
A portion of this May 15, 1973 order directed the State Board to prepare a plan in accord with the following guideline: "[T]he plan shall alter the boundary lines of the General Braddock Area School District and, as ...