and 5, the two other units challenged in this case.
First, he said that Units 4, 5, and 6 might have been combined, resulting in a total student population of 17,167 and a black student population of 2,228, or a black student percentage of 12.97%. (N.T. 235)
Another alternative, he said, might have been to combine Units 3 and 4, for a total student population of 17,867 and a black student population of 1,029, or a black student percentage of 5.75%. (N.T. 235)
As to alternatives involving Unit 12 or its component districts, Dr. Strickler said that Unit 12 might have been combined with Unit 11, for a total student population of 8,217, or a black student percentage of 48.4%. (N.T. 237, 238)
Another possibility, he said, would have been to include Unit 12 with Units 15, 14, and 11, for a total student population of 24,469 and a black student population of 8,761, or a black student percentage of 35.8%. (N.T. 238)
Dr. Strickler emphasized, however, that his suggestions as to alternative administrative units had been calculated in rapid fashion and were offered merely as suggested units that might possibly have been considered, and were not meant to be recommendations.
To offer recommendations for reorganization, he said, he would need more data than he had in formulating the alternatives he suggested at trial. He acknowledged that he had based these alternative suggestions on statistics furnished him concerning total student populations and black concentrations, and that in one case he did not know even these figures for one of his suggested alternatives.
He acknowledged also that he neither had visited the schools in the districts in question, nor reviewed their curricula, nor did he know either the distances spanned by his suggested alternative administrative units, or the locations of the white and black populations within these suggested units. This was the type of information, he said, which he would need to make recommendations rather than mere suggestions. (N.T. 234, 236, 245, 249, 262, 281)
Another witness for plaintiffs, Mr. Richard Anliot of the Human Relations Commission's Division of Education, testified simply that he believed there were reasonable alternatives to the reorganization plan adopted by Delaware County in 1968. Some of these alternatives, he said, were contained in Exhibit P-14, which the Delaware County School Board had compiled, but this exhibit did not exhaust the possible alternatives.
The testimony of neither Strickler nor Anliot, however, nor any other evidence offered by plaintiffs, dealt with the economic or administrative feasibility of alternatives to Unit 12 or the 1968 Delaware County reorganization plan. Nor does their testimony indicate they considered factors of economic or administrative feasibility in reaching their respective conclusions as to alternatives. Strickler expressly indicated as noted above, that he had not considered a number of matters related to the economic and administrative feasibility of alternatives. Anliot similarly testified that he had not considered the locations of black and white populations within the component districts of the units in question. (N.T. 117, 118, 160)
72. Defendant offered one witness, Clyde Dalton, Executive Director of the Delaware County Intermediate Unit, who testified inter alia as to several reasons the County School Board had chosen to combine Chester City and Chester Township. First, he said, Chester Township students had traditionally attended high school in Chester City.
Second, Units 14 (Penn-Delco) and 13 (Chichester), the only areas other than Chester City contiguous to Chester Township, were both poorer than Chester City in terms of market value of taxable real estate per student.
Third, he said, there was no need to help Chester City by merging it with any of the larger units contiguous to it. The need, he said, was rather to help the districts contiguous to Chester. (N.T. 307, 308)
Other than the above testimony of Mr. Dalton that Units 14 and 13 were poorer than Chester City in terms of market value per student, defendants offered no testimony as to the economic and administrative feasibility of alternative reorganization plans and placements of Chester City and Township.
73. Prior to reorganization the school districts of Chester and Chester Township and the County Board were each issued a publication titled "Desegregation Guidelines for Public Schools" and a companion document titled "Recommended Elements of a School Desegregation Plan", which were promulgated jointly by the Department of Public Instruction, now known as the Department of Education, and the Pennsylvania Human Relations Commission, and which were disseminated to those school districts which had been requested by the Department of Public Instruction and the Commission to submit desegregation plans. (N.T. 42, 43 Ex. P-41, 42) These documents set forth policy guidelines for dealing with segregation in the public schools. The Delaware County Board itself received copies of both documents. (N.T. 43)
These guidelines provide inter alia :
"Any action, direct or indirect . . . which fosters racial segregation in the public schools, is against the public interest, and should not be taken by any public agency. Whenever any such action, past or present, has adversely affected public education, it is the responsibility of public school authorities to correct it, forthwith." (Ex. P-41)
74. It is unclear whether the above-mentioned guidelines were meant to apply not only to the formulation of desegregation plans by individual districts or school authorities ordered to submit such plans, but also to the formulation of reorganization plans by county boards under the mandate of Act 150, which was unrelated to the matter of segregation. The guidelines themselves shed no light on this question, and while Richard B. Anliot, the Director of the Division of Education of the Human Relations Commission expressed his opinion that the guidelines did apply to reorganizations under Act 150, he acknowledged on cross-examination that the Human Relations Commission had not specifically authorized him to make such a representation. (N.T. 134-135).
75. Prior to reorganization, the general counsel of the Human Relations Commission met with the Delaware County School Board to discuss the proposed merger of Chester City with Chester Township. (N.T. 188). The record indicates that at this meeting the general counsel of the Human Relations Commission at least voiced questions about the advisability of the proposed merger, although the record does not indicate whether he said the Human Relations Commission would oppose such merger, or whether this was in fact ever the Commission's position. (N.T. 27).
76. Subsequent to and apparently as a result of this meeting between counsel for the Human Relations Commission and the Delaware County School Board, the State Superintendent of Public Instruction forwarded to each County Superintendent a letter explaining the meaning of the last sentence of paragraph 7(c) of the Standards for Approval of Administrative Units. (Ex. P-2, N.T. 83-99, see above Finding of Fact.) As noted above, the letter stated:
". . . . Please be advised that the intent of the language of the last sentence of this paragraph was to prevent de jure segregation, through the fixing of school district boundaries, whether for racial, religious, social or economic reasons." (N.T. 83, Ex. P-43)