Each series in this collection (described separately below) contains court documents and legal proceedings pertaining to the three court trials of United States of America and Richard Ganaway, II et al. vs. Charleston County School District and State of South Carolina, in which Rosen and Alice F. Paylor, of Rosen, Rosen & Hagood, Charleston, S.C. successfully represented the defendants, Charleston County School District and State of South Carolina. The collection primarily follows the original order of the Rosen, Rosen & Hagood Law Firm, and is divided into six series. The first five (Judgment; Pleadings; Discovery; Testimonies; and Exhibits, Defendants and Plaintiff-Intervener) contain court transcripts, legal proceedings, reports, memorandums, correspondence and documents pertaining to the three court trials. The remaining series, Attorney Files, consists of sub-series of Desegregation Cases, School Board Minutes and Charleston County School District Correspondence, Charleston County School District Magnet Schools materials, Numbered Documents, and Miscellaneous Reports. Series I. Judgment (1 linear ft.): Twelve spiral and bound volumes prepared for the second case in the United States Court of Appeals for the Fourth Circuit re United States & Ganaway et al. v. Charleston County School District & State of South Carolina (Argued March 5, 1991, Decided March 12, 1992). The volumes are indexed and constitute a history of the original case (1981-88). Includes photocopied legal briefs from Lexis Nexis providing rulings of each trial (1990, 1991-92, 1994). Series II. Pleadings (1 linear ft.): Contains twelve photocopied volumes (1981-88) of court transcripts of pleadings (i.e. allegations made by each party with their claims and defenses). Each volume is indexed and comprises the proceedings of the original case. Pleadings also contains photocopies of the Order (filed June 5, 1990); Judgment (filed June 5 1990); United States as Appellant (Nov 19, 1990); Appellees' Brief (Jan 3, 1991); Brief for Plaintiffs Appellants (nd); and "Appellees' Brief "( Jan 4, 1991); docket sheet (1981-86); and litigation time line (1981-86). Series III. Discovery (5.5 linear ft.): Comprises eleven volumes (1981-87) of discovery documents (i.e., part of the pre-trial litigation process during which each party requests relevant information and documents from the other side in an attempt to "discover" pertinent facts). Each volume is indexed by topic and date indicating civil actions brought forth by the United States of America (US-Plaintiff); Richard Ganaway II, et. al, (Plaintiff-Intervener, P-I); Charleston County School District (CCSD) and the State of South Carolina (S.C.), Defendants. Discovery includes court transcripts; notice of depositions; subpoenas; request and responses; interrogatories; questions and answers; affidavits; and photocopies of legal briefs. The second box of Discovery (1985-88) consists of photocopied court transcripts, documents and cases re Legislative Privilege (a claim by a high official of the legislative branch that he/she need not answer a request- including a subpoena issued by a court- for confidential government or personal communications, on the ground that such revelations would hamper effective governmental operations and decision-making); photocopied court cases relating to waivers and informer's privilege; Rosen's memorandum re USA v. CCSD one year court delay (1985); reports and memorandums re proposed $21,500,000 CCSD School Building Bond (1986); miscellaneous original and photocopied correspondence between Rosen and Judge Solomon Blatt, Jr. and handwritten attorney notes. Three boxes of Discovery, contains the sub series of Depositions holding court testimony transcripts and excerpts of P-I, USA, CCSD witness depositions with supporting documents, including photocopies of correspondence, Charleston County School District organizational materials (tables, graphs, charts and maps); legal briefs and newspaper clippings (1982-87). The depositions are arranged in date order with individual indexes highlighting key subjects. Depositions of note include those of Robert McCormick Figg (July 1, 1985) witness for CCSD, attorney and former member of the SC House of Representatives; Charles M. Gibson (Dec 16, 1986), witness for Charleston County School Board (CCSB), former SC State Senator, who introduced Act 340 in 1967; Creighton Frampton (Mar 14, Apr 9, 23, 1986, and Feb 26, 1988) witness for CCSD and retired CCSD County Superintendent; Lawrence Derthick (Oct 22, 1986), witness for USA, former CCSD Superintendent; Richard Ganaway (May 13, 1987) witness for P-I and father and representative of Ganaway II; Rufus L. Dilligard (Aug 20, 1987), witness for USA, chairman of the District 20 School Board; Leckyler Gaillard (Sept 18, 1987) witness for USA, principal of Burke High School, Charleston; Thomas A. Carrere (Sept 22, 1987) witness for CCSD, former CCSD principal; and Alton Crews (Sept 22, 1987) witness for CCSD former CCSD Superintendent. Several depositions include witness exhibits. Included, as well, in this series is the bound court hearing (September 5, 1985) of attorneys Gregg Meyers and Judith Keith (representing Plaintiff/USA); of Robert Rosen, Morris Rosen and Alice Paylor (representing Defendant/CCSD); Ken Woodington (representing Defendant/State of SC); and Arthur C. McFarland and Theodore M. Shaw (proposed Interveners). Series IV. Testimonies (2 linear ft.): Photocopied testimony and court documents (1987-88); includes US v. CCSD Testimony Digests listing names of witnesses by day; and indexed summation of US, P-I, and CCSD testimonies, highlighting key points made; photocopies of court transcript testimonies from Day 3 (Oct 8, 1987) to Day 21 (June 14, 1988); and Motions (requests asking a judge to issue a ruling or order on a legal matter). Testimonies of note include those of Augustine Smythe (Day 24) whose study recommended consolidating school districts to provide equalization of funding among them; and expert witnesses for the defense, William Clark (Day 26) and David Armor (Day 32) who investigated Charleston County's housing patterns, school attendance zones, enrollments and transportation system in regards to the Constituent District boundary lines and alternative desegregation plans for Charleston County. Series V. Exhibits, Defendants and Plaintiff-Intervener (5 linear ft.): Exhibits (supporting evidence) contain two sub-series: Defendants and Plaintiff-Intervener. An integral part of plaintiffs' argument was the contention that the SC General Assembly intended to perpetuate segregation by the passage of Act 340. The court heard extensive testimony and received numerous exhibits concerning the intent of the General Assembly in passing Act 340, the "consolidation act," upon which plaintiffs' constitutional challenge was based. Original and photocopied documents numbered 1-57 (1965-1989) pertaining to defendants' (Charleston County and State of South Carolina) exhibits include reports from Charleston County School Board; "Charleston County Administrative School Survey" (Exhibit #16: 1966); "Act of Consolidation, Volumes 1-3" (Exhibit #17a-17b: 1967-78); court documents from Millicent Brown vs. School District No. 20 (Exhibit #18: 1963-81); "Statutes Relating to Public Education and Schools in Charleston," (Exhibit #22: 1871-1964); "Memminger Optional School" (Exhibit #48, 1997); and bound photocopies of Memminger's correspondence, documents and board minutes (Exhibits #49A and B). Memminger, a small predominantly black school located in Constituent District 20, was in danger of being closed because of its declining student enrollment, and District 20, as a whole, was losing many white students to private and suburban schools. This "model" school was to operate at the same per pupil cost as other elementary schools in Charleston County, and was designed to serve as a magnet school model for the development of similar instructional programs at other schools in the county. A separate oversize box contains photocopied and bound defendants exhibits with a handwritten index (Exhibit 24-38: 1953-67), with "Annual Report of the County Superintendent of Charleston County, S.C.," providing statistics on public school enrollment; district operating funds; building funds; and value of school property ("White and Negro"). Plaintiff-Intervener exhibits include State Board of Education (SBE) minutes (Exhibits #101-134: 1941-1957); South Carolina State Superintendent of Education (SCSSE) annual reports (Exhibits# 301-304: 1951-1958); County Board of Education (CBE) minutes (Exhibits #400-447: 1945-1955); State Educational Finance Commission (SEFC) minutes (Exhibit #1300-1368: 1954-1961). Additional exhibits include statistics re Charleston county student population. Series VI. Attorney Files (11.5 linear ft.): Attorney files include original and photocopied reports, memorandums, correspondence, court cases which Rosen used as supplemental references in defending the CCSD. This series is divided into five sub series: Desegregation Cases; School Board Minutes and CCSD Correspondence; CCSD Magnet Schools materials; Numbered Documents; and Miscellaneous Reports. Numerous documents within the series have cross reference numbered index cards attached which provide an abstract of document. Desegregation Cases sub-series: Contains photocopied court cases from the Supreme Court Reporter (1951-87) representing a sampling of significant national school desegregation cases used to illustrate extensive problem areas in the Ganaway v. CCSD lawsuit. Included in this sub series is a "History of Desegregation" (1955-1985) complied by Lisa Lovinggood, Rosen's paralegal, which contains photocopied CCSD memorandums, James Island and Moultrie School board of trustee minutes, reports and newspaper clippings re the Gibson Bill (Act #340) , CCSD Freedom of Choice Plan; documents re the Millicent F. Brown, et. al. v. School District #20, brought in 1963 to desegregate the schools in the City of Charleston. This case enjoined the operation of a dual school system in one district only (District 20)]. Includes pleadings index, photocopied civil docket and court documents (1962-1977) not included in Exhibit # 18, which also refers to the case. School Board Minutes and CCSD Correspondence sub-series: Contains school district board of trustees minutes and corresponding memorandums, reports, and documents pertaining to the eight school districts and the individual schools within these districts: St. James-Santee Constituent School District #1 (1974-1987); Moultrie School District #2 (1953-1987); James Island Constituent School District #3 (1960-1987); Cooper River School District #4 (1967-1987); St. Johns Constituent School District #9 (1955-1987); St. Andrews (West Ashley) Constituent School District #10 (1954-1987); Charleston County School District #20 (1952-1987); and St. Paul's School District #23 (1954-1987). Also included are minutes from the County Board of Education (1951-1983); the State Educational Finance Commission (1951-1956); original and photocopied reports and correspondence between the CCSD and the U.S. Department of Health, Education and Welfare (HEW) re compliance with the Office of Civil Rights and the Emergency School Aid Act (1965-1981); U.S. Department of Justice materials re the Voting Rights Act of 1964, 1965 (1980-81), and data re the Mid-Atlantic/Appalachian Race Desegregation Assistance Center related to race desegregation (1980-81). CCSD Magnet Schools materials sub-series: Contains original and photocopied reports, a grant proposal with drafts and correspondence between CCSD and Department of Education re the Magnet Schools Assistance Program (1982-87), "magnet school" denoting a public school "of voluntary enrollment designed to further integration by drawing students away from their neighborhoods and private schools through distinctive curricula and high quality." CCSD initially applied for Buist Academy, Jennie Moore Computer Magnet, Ashley River Creative Arts Magnet, and Laing Middle in 1985. Grant application documents were submitted to the Ganaway v. CCSD court case for the purpose of the Justice Department's decision on whether to agree on the inadmissibility of this material. Includes magnet desegregation plan, rough draft and final grant application. Numbered Documents sub-series: Contains photocopied memorandums and forms from the HEW Office of Civil Rights and Equal Employment Opportunity Commission (EEOC) re Elementary and Secondary School Civil Rights Surveys, including Individual School Campus Reports completed by the eight districts with the Charleston County School system. The documents are arranged in the attorney's numbering system with cross reference index cards attached. The remaining numbered documents include CCSD reports form the Office of Research and Evaluation re testing results of cognitive skills assessments, state accreditation for CCSD elementary schools, statistics re pupil enrollment and attendance (1968-1982), lists of CCSD school closing, openings and reorganization (1954-1985), charts re racial composition of CCSD students, teachers and professional staff (1950-1987) and statistics of CCSD student suspension expulsions and dropouts (1972-1987). Miscellaneous Reports sub-series: Contains scattered CCSD transportation, promotion and retention rate reports, as well as annual reports; and administration, organizational and facility improvement plans (1968-1989). Additional reports from the Charleston County Planning Board re growth trends, and voter statistics (1966, 1976); City of Charleston housing and crime statistics (1985); and national reports re college degrees awarded (1976-1981, 1984-85); American public school teachers (1985-86); and African American recruitment and retention in the South (1983-87).
