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LEE v. LEE COUNTY BD. OF EDUC.

Civil Action Nos. 3:70cv845-MHT, 3:70cv848-MHT to 3:70cv851-MHT, 3:70cv853-MHT to 3:70cv855-MHT, 2:70cv3099-MHT, 2:70cv3102-MHT, 2:70cv3103-MHT, 2:66cv2455-MHT.

476 F.Supp.2d 1356 (2007)

Anthony T. LEE, et al., Plaintiffs, United States of America, Plaintiff-Intervenor and Amicus Curiae, National Education Association, Inc., Plaintiff-Intervenor, v. LEE COUNTY BOARD OF EDUCATION, Russell County Board of Education, Tallapoosa County Board of Education, Alexander City Board of Education, Auburn City Board of Education, Opelika City Board of Education, Phenix City Board of Education, Roanoke City Board of Education, Butler County Board of Education, Covington County Board of Education, Elmore County Board of Education, Crenshaw County Board of Education, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

March 8, 2007.

Attorney(s) appearing for the Case

Norman J. Chachkin, NAACP Legal Defense & Educ'l Fund, Inc., New York, NY, for Plaintiffs.

Jeremiah Glassman, John R. Moore, Pauline Ann Miller, U.S. Department of Justice, Civil Rights Division, Educational Opportunities Section, Washington, DC, Stephen Michael Doyle, United States Attorney's Office, Middle District of Alabama, Montgomery, AL, for Plaintiff-Intervenor.

Fred Jr. David Gray, Fred Sr. D. Gray, Gray Langford Sapp McGowan Gray & Nathanson, Tuskegee, AL, for Plaintiffs/Plaintiff-Intervenor.

Juliana Faria Teixeira Dean, Darnell D. Coley, Alabama Department of Education, Alabama Department of Education, Larry Eugene Craven, Reginald Lee Sorrells, Department of Education Office of General Counsel, William H. Pryor, Jr., Office of The Attorney General, Montgomery, AL, Whit Colvin, Bishop, Colvin, Johnson & Kent, Birmingham, AL, Constance S. Barker, Jeremiah Glassman, John R. Moore, Pauline Ann Miller, U.S. Department of Justice, Civil Rights Division, Educational Opportunities Section, Washington, DC, for Defendants.

OPINION ON THE STATE-WIDE ISSUE OF SPECIAL EDUCATION

MYRON H. THOMPSON, District Judge.

In these longstanding school desegregation cases, there are two remaining issues that concern relief at the state level: `special education' and `facilities.' The defendants on the state-wide issues are the Alabama State Board of Education and its members, the Alabama State Superintendent of Education, and the Governor of Alabama as President ex officio of the State Board...

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