The lawsuit challenging the separate and unequal system of education in Alaska know as Molly Hootch, et al., Plaintiffs, vs. Alaska State Operated School System, et al., Defendants

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

THIRD JUDICIAL DISTRICT

MOLLY HOOTCH, minor, by her father and next friend JAMES HOOTCH; FRANK KAMEROFF, JR., CAMMY KAMEROFF, LORENE KAMEROFF, and ELLEN KAMEROFF, minors, by their father and next friend FRANK KAMEROFF; AGATHA KEYES; VIRGINIA OKTOYAK, minor, by her father and next friend BERNARD OKTOYAK; THERESA HORN, minor, by her mother and next friend, PERPETUA HORN; URSALA TRADER; IDA TRADER and LINDCY TRADER, minors, by their father and next friend ALEX TRADER; MARTINA TRADER and PATRICK TRADER, minors, by their father and next friend WILLIAM TRADER; LUCILLE EVON and ERNEST EVON, minors, by their father and next friend HARRY EVON; MARY ANN ANDRED; HERBERT PETER, minor, by his father and next friend DAVID PETER; CHRISTINE ATTI and JAMES ATTI, minors, by their father and next friend PETER ATTI; ENOCH BEAVER, minor, by his father and next friend ALBERT BEAVER; STEPHANIE PHILLIP and DORIS PHILLIP, minors, by their father and next friend ROLAND PHILLIP; WILLIAM JOHN and ELSIE JOHN, minors, by their father and next friend PETER JOHN; ELIZABETH FRIEND, minor, by her father and next friend OTTO FRIEND; LORRAINE BEAVER, minor, by her father and next friend OWEN BEAVER; ELSIE BLACK, minor, by her mother and next friend MARY BLACK; and ELSIE AGNES MUTE, minor, by her father and next friend, FRANK MUTE; on behalf of themselves and all others similarly situated,

Plaintiffs,

vs.

ALASKA STATE-OPERATED SCHOOL SYSTEM, a State Corporation; KATHERINE T. HURLEY, JAMES N. WANAMAKER, JOHN BORBRIDGE, JR., MARIE L. MCDOWELL, BETTY J. CUDDY, FRANKLIN M. KING, JR., RUTH McLEAN, as members of the State Board of Education of the State of Alaska; MARSHALL L. LIND, as Commissioner of Education; NATHANIEL H. COLE, as Director of Administrative Services, Department of Education; JAMES M. HARPER, as Director of Regional Schools and Boarding Home Program, Department of Education; STANLEY FRIESE, as Superintendent, Alaska State-Operated School System,

Defendants.

NO. 72-2450

FIRST AMENDED COMPLAINT

JURISDICTION

l. This is a civil action brought by Alaska Native (Eskimo, Indian and Aleut) school-age children to secure their right to an education in the form of secondary education in their community of residence and to redress a willful and continuous pattern and practice of racial discrimination against Alaska Natives in violation of the constitution and laws of the United States and Alaska. Plaintiffs seek injunctive relief to prohibit discriminatory actions by defendants, as described herein, which deny plaintiffs and those similarly situated equal rights, equal educational opportunities and equal access to public education. (U.S. Const. Amend.XIV, 1; 42 U.S.C. 1981, 1983, 2000d; Ak. Const. Art. I, 1; Ak. Const. Art VII, 1). Plaintiffs also seek specific injunctive relief to compel defendants to provide secondary education in the communities of residence of plaintiffs and those similarly situated in accordance with Alaska law and school regulations. (Ak. Const. Art. VII, 1; A.S. 14.03.080(a); A.S. 14.07.020; A.S. 14.07.030; A.S. 14.08.010(a); A.S. 14.14.110; 4 AAC 06.020(a); 4 AAC 06.025). Plaintiffs further seek damages and injunctive relief to remedy the effects of defendants' past discrimination. (42 U.S.C. 1983; A.S. 14.03.090).

2. Jurisdiction is vested in this court by A.S. 22.10.020.

PLAINTIFFS

A. EMMONAK PLAINTIFFS

3. Plaintiff MOLLY HOOTCH, age 16 is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska. She has completed the ninth grade. During the 1971-72 school year MOLLY HOOTCH was transported approximately 500 miles from her home at taxpayers’ expense to attend Dimond High School in Anchorage. This action is brought on her behalf by her father and next friend JAMES HOOTCH.

4. Plaintiff FRANK KAMEROFF, JR., age 19, is a secondary school age child, an Alaska Native, a citizen of the United States, whose community of residence and home is Emmonak, Alaska. He has completed the tenth grade and last attended school during the 1970-71 school year at Kodiak-Aleutian Regional High School, a boarding school operated by defendants approximately 550 miles from his home. He did not attend school during the 1971-72 school year.

5. Plaintiff CAMMY KAMEROFF, age 18, is a secondary school age child, an Alaska Native, citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska. She has completed the tenth grade. During the 1971-72 school year CAMMY KAMEROFF was transported approximately 2100 miles from her home at taxpayers' expense to Chemawa Indian School, Chemawa, Oregon, a boarding school operated by the Bureau of Indian Affairs. This action is brought in her behalf by her father and next friend FRANK KAMEROFF.

6. Plaintiff LORENE KAMEROFF, age 16, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska. She has completed the ninth grade, During the 1971-72 school year LORENE KAMEROFF was transported approximately 2100 miles from her home at taxpayers’ expense to Chemawa Indian School, Chemawa, Oregon, a boarding school operated by the Bureau of Indian Affairs. This action is brought in her behalf by her father and next friend FRANK KAMEROFF.

7. Plaintiff ELLEN KAMEROFF, age 15, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska. She has completed the eighth grade. During the 1972-73 school year, she is scheduled to be transported approximately 2100 miles from her home at taxpayer’s expense to attend Chemawa Indian School, Chemawa, Oregon. This action is brought in her behalf by her father and next friend FRANK KAMEROFF.

8. Plaintiff AGATHA KEYES, age 19, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska. She has completed the ninth grade, but did not attend school during the 1970-71 or 1971-72 school years.

9. Plaintiff VIRGINIA OKTOYAK, age 15, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska, She has completed the eighth grade. During the 1972-73 school year VIRGINIA OKTOYAK is scheduled to be transported approximately 175 miles from her home at taxpayers' expense to attend a boarding school operated by defendants in Bethel, Alaska. This action is brought in her behalf by her father and next friend BERNARD OKTOYAK.

10. Plaintiff URSALA TRADER, age 19, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska. She has completed the ninth grade but did not attend school during the 1970-71 and 1971-72 school years.

11. Plaintiff IDA TRADER, age 18, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska. She has completed the eleventh grade. During the 1971-72 school year IDA TRADER was transported approximately 2100 miles from her home at taxpayers' expense to Chemawa Indian School, Chemawa, Oregon, a boarding school operated by the Bureau of Indian Affairs. This action is brought in her behalf by her father and next friend ALEX TRADER.

12. Plaintiff LINDCY TRADER, age 17, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska. He has completed the ninth grade. During the 1971-72 school year LINDCY TRADER was transported approximately 500 miles from his home at taxpayers' expense to attend school n Anchorage, Alaska, through defendants' boarding home program. This action is brought in his behalf by his father and next friend ALEX TRADER.

13. Plaintiff MARTINA TRADER, age 17, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska. She has completed the tenth grade. During the 1971-72 school year MARTINA TRADER was transported approximately 2100 miles from her home at taxpayers' expense to Chemawa Indian School, Chemawa, Oregon, a boarding school operated by the Bureau of Indian Affairs. This action is brought in her behalf by her father and next friend WILLIAM TRADER.

14. Plaintiff PATRICK TRADER, age 15, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska. He has completed the ninth grade. During the 1971-72 school year PATRICK TRADER was transported approximately 500 miles from his home at taxpayers' expense to attend Romig Junior High School, Anchorage, Alaska. For the 1972-73 school year he is scheduled to be transported approximately 2100 miles from his home at taxpayers' expense to attend Chemawa Indian School, Chemawa, Oregon. This action is brought by his father and next friend WILLIAM TRADER.

15. Plaintiff THERESA HORN, age 16, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Emmonak, Alaska. She has completed the eighth grade. During the school 1972-73 school year she is scheduled to be transported approximately 175 miles from her home at taxpayers’ expense to attend Bethel High School in Bethel, Alaska. This action is brought on her behalf by her mother and next friend PERPETUA HORN.

B. KWIGILLINGOK PLAINTIFFS

16. Plaintiff LUCILLE EVON, age 17, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kwigillingok, Alaska. She has completed the tenth grade. During the 1971-72 school year she was transported approximately 100 miles from her home at taxpayers' expense to attend Bethel High School in Bethel, Alaska. She is not attending school during the current school year. This action is brought on her behalf by her father and next friend HENRY EVON.

17. Plaintiff ERNEST EVON, age 15, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kwigillingok, Alaska. He is enrolled in the tenth grade. For the current school year he was transported approximately 100 miles from his home at taxpayers' expense to attend Bethel High School in Bethel, Alaska. This action is brought on his behalf by his father and next friend HENRY EVON.

18. Plaintiff MARY ANN ANDREW, age 19, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kwigillingok, Alaska. She has completed the tenth grade but did not attend school during the 1971-72 and current school year.

19. Plaintiff HERBERT PETER, age 16, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, , whose community of residence and home is Kwigillingok, Alaska. He has completed the ninth grade but is. not attending school during the current school year. This action is brought on his behalf by his father and next friend DAVID PETER.

20. Plaintiff CHRISTINE ATTI, age 16, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kwigillingok, Alaska. She is enrolled in the eleventh grade. For the 1972-73 school year she was transported approximately 100 miles from her home at taxpayers' expense to attend Bethel High School in Bethel, Alaska. This action is brought on her behalf by her father and next friend PETER ATTI.

21. Pl.aintiff JAMES ATTI, age 15, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kwigillingok, Alaska. He is enrolled in the tenth grade. For the 1972-73 school year he was transported approximately 100 miles from his home at taxpayers' expense to attend Bethel High School, Bethel, Alaska. This action is brought on his behalf by his father and next friend PETER ATTI.

22. Plaintiff ENOCH BEAVER, age 17, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kwigillingok, Alaska. He is enrolled in the ninth grade. For the 1972-73 school year he was transported approximately 1000 miles from his home at taxpayers' expense to attend Mt. Edgecumbe High School near Sitka, Alaska, a boarding school operated by the Bureau of Indian Affairs. This action is brought on his behalf by his father and next friend ALBERT BEAVER.

23. Plaintiff STEPHANIE PHILLIP, age 17, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kwigillingok, Alaska. She is enrolled in the eleventh grade. For the 1972-73 school year she was transported approximately 100 miles from her home at taxpayers' expense to attend Bethel High School in Bethel Alaska. This action is brought on her behalf by her father and next friend ROLAND PHILLIP.

24. Plaintiff DORIS PHILLIP, age 15, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kwigillingok, Alaska. She is enrolled in the tenth grade. For the 1972-73 school year she was transported approximately 100 miles from her home at taxpayers' expense to attend Bethel High School in Bethel, Alaska. This action is brought on her behalf by her father and next friend ROLAND PHILLIP.

25. Plaintiff WILLIAM JOHN, age 18, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kwigillingok, Alaska. He is enrolled in the eleventh grade. He attends Covenant High School, a parochial school in Unalakleet, Alaska, approximately 300 miles from his home, because there is no high school in his community of residence. This action is brought on his behalf by his father and next friend PETER JOHN.

26. Plaintiff ELSIE A. JOHN, age 16, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is ;Kwigillingok, Alaska. She is enrolled in the eleventh grade. She attends Covenant High School, a parochial school in Unalakleet, Alaska, approximately 300 miles from her home, because there is no high school in her community of residence. This action is brought on her behalf by her father and next friend PETER JOHN.

27. Plaintiff ELIZABETH FRIEND, age 18, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kwigillingok, Alaska. She has completed the eighth grade, but has not attended school since 1970. This action is brought on her behlaf by her father and next friend OTTO FRIEND.

28. Plaintiff LORRAINE BEAVER, age 16, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kwigillingok, Alaska. She, is enrolled in the eleventh grade. She attends Covenant High School, a parochial school in Unalakleet, Alaska, approximately 300 miles from her home, because there is no high school in her community of residence. This action is brought on her behalf by her father and next friend OWEN BEAVER.

C. KONGIGANAK PLAINTIFFS

29. Plaintiff ELSIE BLACK, age 17, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kongiganak, Alaska. She has completed the eighth grade. During the 1971-72 school year she was transported approximately 450 miles from her home at taxpayers expense to attend high school in Anchorage, Alaska. She is not attending school the current school year. This action is brought on her behalf by her mother and next friend MARY BLACK.

30. Plaintiff ELSIE AGNES MUTE, age 18, is a secondary school age child, an Alaska Native, a citizen of the State of Alaska and the United States, whose community of residence and home is Kongiganak, Alaska. She has completed the tenth grade. During the 1971-72 school year she was transported approximately 450 miles to attend high school in Anchorage, Alaska. She is not attending school during the current school year. This action is brought on her behalf by her father and next friend FRANK MUTE.

DEFENDANTS

31. Defendant ALASKA STATE OPERATED SCHOOL SYSTEM is a State Corporation created to provide public education in the unorganized borough of the State of Alaska, an area also known as the State-operated school district.

32. Defendants KATHERINE HURLEY, JAMES N. WANAMAKER, JOHN BORBRIDGE, JR., MARIE L. MCDOWELL, BETTY J. CUDDY, FRANKLIN M. KING, JR., and RUTH MCLEAN, as members of the State Board of Education of the State of Alaska are responsible for formulating statewide educational policy, administering funds to provide educational services, and directing the operations of the State Department of Education.

33. Defendant MARSHALL L. LIND is the Commissioner of Education. He is the principal executive officer of the Department of Education. Among his duties is the responsibility for the preparation and execution of the department's budget.

34. Defendant NATHANIEL H. COLE is director of Administrative Services for the Department of Education. As such he oversees financial and administrative matters and coordination of state and federal programs.

35. Defendant JAMES M. HARPER is director of Regional schools and the Boarding Home Program. Under these programs plaintiffs are taken from their homes and transported to Bethel, Anchorage and other locations to attend high school.

36. Defendant STANLEY FRIESE is superintendent of the Alaska State-Operated School System. As such he is the chief executive officer of that corporation and is responsible for its operations and for implementing the programs which the corporation is required to undertake.

37. All defendants reside in or have their offices within the State of Alaska and all are subject to this court's jurisdiction.

CLASS ACTION

38. Each plaintiff brings this action on his own behalf and on behalf of all other persons similarly situated pursuant to Civil Rule 23. Members of this class are secondary school age children, Alaska Natives, and citizens of the United States and the State of Alaska who live in cities, communities and villages where there are no public secondary schools or which lack daily transportation to such schools.

39. The class described in the preceding paragraph is so numerous that joinder of all members is impracticable. There are questions of law and fact common to the class, the claims and defenses of the representative parties are typical of the claims or defenses of the class, the representative parties will fairly and adequately protect the interests of the class, and common relief, generally applicable to the class is sought. Questions of law and fact common to the members of the class predominate over any questions affecting only individual members and a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

GENERAL ALLEGATIONS

40. Emmonak, Alaska, is an incorporated city with a population of 439.

41. Kwigillingok, Alaska, is an unincorporated village with a population of 148.

42. Kongiganak, Alaska, is an unincorporated village with a population of 19O.

43. Emmonak, Kwigillingok and Kongiganak are within the State-operated school district.

44. Defendants do not operate a secondary school in any of the communities in which the named plaintiffs reside.

45. Defendants operate an elementary school in Kongiganak, Alaska.

46. There is no public elementary or secondary school in Kwigillingok, or Emrnonak.

47. Plaintiffs allege on information and belief that each of the following cities, villages and communities 1) has a predominantly Alaska Native population (50 per cent or more), 2) that each has more than eight children eligible to attend elementary and secondary school, and 3) that defendants do not operate and maintain a secondary school or provide daily transportation to a secondary school:

Akhiok

Akiachak

Akiak

Akolmiut (Kasigluk and Nunapitchuk)

Akutan

Alakanuk

Aleknagik

Allakaket

Ambler

Anaktuvik Pass

Angoon

Aniak

Anvik

Arctic Village

Atka

Atmauthluak

Barrow

Beaver

Belofsky

Brevig-Mission

Buckland

Cantwell

Chalkyitsik

Chefornak

Chevak

Chignik

Chignik Lagoon

Chignik Lake

Chuathbaluk (Russian Mission-Kuskokwim)

Circle

Clark's Point

Crooked Creek

Deering

Diomede (Inalik)

Dot Lake

Eek

Egegik

Ekuk

Ekwok

Elim

Emmonak

English Bay

False Pass

Galena

Gambell

Golovin

Goodnews Bay (Mumtrak)

Grayling

Holy Cross

Hooper Bay

Hughes

Huslia

Hydaburg

Igiugig

Ivanof Bay

Kaktovik (Barter Island)

Kalskag

Kaltag

Karluk

Kiana

King Cove

Kipnuk

Kivalina

Klukwan

Kokhonak

Koliganek

Kongiganak

Kotlik

Kotzebue

Koyuk

Koyukuk

Kwethluk

Kwigillingok

Larson Bay

Levelock

Lower Kalskag

Manokotak

Marshall

Mekoryuk

Mentasta Lake

Minto

Mountain Village

Napakiak

Napaskiak

Nelson Lagoon

Newhalen

New Stuyahok

Newtok

Nightmute

Nikolai

Nikolski

Noatak

Nondalton

Noorvik

Nulato

Old Harbor

Oscarville

Ouzinkie

Pedro Bay

Perryville

Pilot Point

Pilot Station

Pitkas Point

Platinum

Point Hope

Port Graham

Port Heiden (Meshick)

Port Lions

Quinhagak

Rampart

Ruby

Russian,Mission (Yukon)

St. George

St. Mary's

St. Michael

St. Paul

Sand Point

Savoonga

Scammon Bay

Selawik

Shageluk

Shaktoolick

Sheldon's Point

Shishmaref

Shungnak

Sleetmute

Stebbins

Stevens Village

Stony River

Tanacross

Tatitlek

Teller

Tetlin

Togiak

Toksook Bay

Tuluksak

Tuntutuliak

Tununak

Twin Hills

Tyonek

Unalakleet

Venetie

Wainwright

Wales

White Mountain

48. Plaintiffs allege on information and belief that there are less than ten cities, villages or communities located within the State of Alaska which have 1) a predominantly white (more than 50%)population, 2) more than eight children eligible to attend elementary and secondary school, and 3) in which defendants do not provide secondary school or daily transportation t o a secondary school.

49. Plaintiffs allege that in order to attend secondary school they, and a highly disproportionate number of Alaska Natives, must leave their homes, families and communities of residence for approximately nine months a year and enter a boarding school or boarding home program.

50. In order to attend secondary school, plaintiffs, and a highly disproportionate number of Alaska Natives, are transported hundreds or even thousands of miles from their homes to attend school in public and non-public schools in Alaska and in other states.

51. Consequently, if plaintiffs do not wish to leave home, are not able to leave home, or refuse to leave home to attend boarding school or the boarding home program, they are denied secondary school education. As a result many of the plaintiffs and a highly disproportionate number of Alaska Natives, are not currently attending secondary schools.

52. If, in the situation described in the preceding paragraph, plaintiffs or other Alaska Natives wish to continue their education, they may do so by correspondence courses; however, 1) very few do, 2) very few have completed secondary education in this manner in the past, 3) correspondence courses are only supplied upon request, 4) correspondence courses must be supervised and defendants do not provide supervisors in most cases: they must be recruited by the would-be students, and 5) correspondence courses do not. constitute "secondary school" according to the standards of the defendants.

53. Almost all non-Native school age children in the State of Alaska may and do attend secondary school in their communities of residence or by daily transportation from their homes.

54. Plaintiffs desire to attend secondary school in their communities of residence or by daily transportation to and from their homes.

55. The acts and omissions of defendants alleged herein were committed under color of the statutes, regulations, ordinances, customs and usages of the State of Alaska and under color of their respective positions as instrumentalities, officers and agents of the State of Alaska.

56. There is a real and actual controversy between the parties, as alleged herein. There is no adequate remedy at law because 1) actual damages would be difficult to ascertain, 2) the injury to plaintiffs occasioned by defendants' acts and conduct is a continuing one; and 3) there is a risk of multiplicity of litigation.

CLAIM FOR RELIEF

Right to Education

57. Plaintiffs allege that education is a fundamental right and interest belonging to and enforceable by them.

58. All children of Alaska, including plaintiffs, have a right to public education guaranteed by Article VII, Section 1 of the Alaska Constitution. Breese v. Smith, P.2d (Alaska, 1972).

59. Alaska Constitution, Art. VII, 1, imposes upon the legislature the obligation to establish and maintain a system of public schools open to all children of the State.

60. Pursuant to the mandate of the constitution the legislature has provided for the establishment of school districts and State-operated schools, created the State Board of Education and the Department of Education and prescribed certain standards for school operation. Among these standards is the duty of the school board of city, borough or State-operated schools to provide local classes when there are at least eight children eligible to attend elementary or secondary school with an "attendance area" when otherwise the children would have to live away from their usual homes to attend school. A.S. 14.03.080(a), A.A. 14.14.110.

61. Plaintiffs' right to attend school in their communities of residence, and defendants' duty to provide such schools, is articulated in more detail by 4 AAC 06.020(a) which states:

Every child of school age shall have the right to a secondary education in his community of residence, whether in a city district, a borough district, or the State-Operated School System.

62. Defendants do not, have not and, unless so ordered by this court, will not provide plaintiffs with secondary education in accordance with the regulations, laws and constitutional provisions described above.

63. As a result of defendants' failure and refusal to provide plaintiffs with secondary school in their communities of residence some plaintiffs are forced to attend public schools hundreds of miles away from their homes in defendants' boarding schools or boarding home programs, some plaintiffs are forced to attend boarding schools hundreds or thousands of miles from their homes and even in another state in non-public school systems, and some plaintiffs do no attend school at all.

64. The failure of defendants to provide secondary school to plaintiffs in their communities of residence is continuing and irreparable injury for which plaintiffs have no adequate remedy at law.

65. Unless restrained by this court, defendants will continue to act in an unlawful manner by failing to provide secondary school. to plaintiffs in their communities of residence. Plaintiffs seek injunctive relief to restrain defendants from failing to provide secondary school in their communities of residence during the current school year and thereafter.

CLAIM FOR RELIEF

Racial Discrimination

66. Plaintiffs incorporate by reference paragraphs 40 through 56 and further allege that the Fourteenth Amendment to the Constitution of the United States guarantees the equal protection of the laws to every person born or naturalized in the United States, and that Article I, 1, of the Alaska Constitution similarly guarantees all. persons "equal rights, opportunities, and protection under the law."

67. The State of Alaska has undertaken to provide education as a governmental function, and defendants are required to direct the performance of that function.

68. The plaintiffs have the right to education on equal terms with other school-age children in Alaska, and it is defendants' duty to provide this right to them on equal terms. Brown v. Board of Education, 347 U.S. 483, 98 L. Ed. 873 (1954).

69. Plaintiffs repeat the allegations of paragraphs 47 through 53 and further allege that this constitutes a pattern and practice of purposeful racial discrimination against them.

70. Plaintiffs further allege that defendant ALASKA STATE-OPERATED SCHOOL SYSTEM operates elementary schools in more than 100 cities, villages and communities; and it has the responsibility for providing education in 53 additional cities, villages and communities which have no public schools but where some schools are provided by the Bureau of Indian Affairs. Nearly all these communities have a predominantly Alaska Native population, yet only three Native communities within the State-operated school district (Bethel, Fort Yukon and Metlakatla) have complete secondary schools while nine such schools are operated in predominantly non-Native localities (Delta Junction, Glenallen, Healy, McGrath, Tanana, Thorne Bay, Tok, Adak and Eielson).

71. Plaintiffs further allege that defendants have provided and continue to provide secondary schools, or daily transportation to such schools in every predominantly non-Native community in Alaska with a population of 275 or more; and in every predominantly non-Native community of 140 or more except one (Cold Bay).

72. That defendants do not provide secondary school, or daily transportation to such schools, in thirty predominantly Alaska Native communities with populations of 275 or more; and defendants do not provide secondary school or daily transportation to secondary schools in eighty predominantly Alaska Native communities with populations of 140 or more.

73. Defendants have provided, or failed to provide, secondary schools in a manner constituting a pattern and practice of racial discrimination and have thereby denied plaintiffs the equal protection of the laws.

74. There is no compelling state interest to justify defendants' racial discrimination against plaintiffs.

75. Defendants have expended a disproportionate share of state, federal and local funds for the benefit of secondary education for white children and have thereby denied plaintiffs the equal protection of the laws.

76. Title VI, 602 of the Civil Rights Act of 1964 [42, U.S.C. 2000(d)] guarantees that:

No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

77. Defendants receive on an annual basis as Federal financial assistance for educational programs a sum far in excess of ten million ($10,000,000). This assistance includes but is not limited to Federal Impact Aid (P.L.81-874), 20 USC 236 et seq; Johnson-O’Malley Act funds, 25 USC 452-454; Title I of the Elementary and Secondary Education Act funds (P.L.. 89-10) 20 USC 241A et seq.

78. A great proportion, if not most, of the federal funds received by the defendants are on account of and for the benefit of Alaska Native children.

79. In addition, defendants have expressly agreed not to discriminate in the use of such federal funds on account of race except where funds are specifically earmarked for the benefit of members of a specific racial group.

80. Plaintiffs repeat and reallege each and every allegation in paragraphs 47 through 53 and 69 through 73 and further allege that they have been excluded from, denied the benefits of and have been discriminated in several programs of federal financial assistance, all in violation of their rights under the Civil Rights Act of .1964.

81. Unless and until they are restrained by this court, defendants will continue to act in an unlawful manner by failing to provide secondary school to plaintiffs in the communities in which they reside. Plaintiffs seek an injunction to restrain defendants from failing to provide secondary school in their communities of residence during the current school year and thereafter, and in addition, pursuant to 42 USC 1983, damages for past deprivation of their rights.

CLAIM FOR RELIEF

Geographical Discrimination

82. Plaintiffs incorporate by reference paragraphs 40 through 54, 57 through 64, and 66 through 72 and further allege that in most city school districts, in most borough school districts, and in some parts of the State-operated school district secondary school is provided to school age children without requiring them to live away from their usual homes.

83. That secondary school is not provided to plaintiffs and members of their class in the places listed in paragraph 47.

84. That for the defendants to operate local secondary schools in some areas of the State, but not in all areas, is discrimination and a denial of equal protection of the laws which cannot be upheld merely on the basis of geography or the arbitrary boundary lines of local governments.

85. Therefore, plaintiffs seek injunctive relief to restrain defendants from discriminating against plaintiffs in the provision of secondary schools on the basis of the school district or part of the state in which they live.

CLAIM FOR RELIEF

Redress for Past Discrimination

86. As alleged above, plaintiffs have been denied equal educational opportunities by the failure of defendants to provide secondary school in their communities of residence. As a result it is probable that many plaintiffs, such as FRANK KAMEROFF, JR., AGATHA KEYES, URSALA TRADER, MARY ANN ANDREW, ELIZABETH FRIEND and ELSIE AGNES MUTE, will fail to complete secondary school before they reach the age of twenty and will cease to be school-age children entitled to free public education. A.S. 14.03.070, A.S. 14.03.080.

87. The reason these plaintiffs' education was prematurely terminated was that defendants failed to provide secondary school in their communities of residence.

88. Therefore, in order to redress the efforts of past discrimination plaintiffs seek additional injunctive relief against defendants to restrain them from failing to provide secondary school to plaintiffs now and in the future on the basis that they are not of school age.

  • WHEREFORE, plaintiffs pray that this court:
  • 1. Enter preliminary and permanent orders enjoining defendants from failing to operate or provide secondary schools in the plaintiffs’ communities of residence in accordance with the school laws and regulations of the State;

    2. Enter preliminary and permanent orders enjoining 'defendants from discriminating against plaintiffs on the basis of race in connection with the operation of secondary schools and school programs;

    3. Enter preliminary and permanent orders enjoining defendants from discriminating against plaintiffs on the basis of geography or the boundaries of local governmental units in the operation or provision of secondary schools;

    4. Order defendants to submit a plan to this court to rectify present discriminatory practices and to provide for the continued and permanent operation of secondary schools and school programs so that all school-age children will be provided equal. access to public education and, thereby, equal educational opportunity;

    5. Order defendants to rectify past discrimination by waiving the maximum school age of A.S. 14.03.070 and providing free public education to those plaintiffs and others who were denied the opportunity to complete secondary school prior to reaching the age of twenty because defendants failed to provide secondary schools in their communities of residence;

    6. Award damages to plaintiffs for violating of the Civil Rights Acts;

    7. Retain jurisdiction over this action to assist in the enforcement of the decree;

    8. Award costs to the plaintiffs; and

    9. Grant such other and further relief as may be necessary and proper.

    DATED: October 5th, 1972.

    /s/CHRISTOPHER R. COOKE

    Attorney for Plaintiffs

    OF COUNSEL

    Marian Wright Edelman

    Daniel M. Rosenfelt

    Russell K. Dunning

    Harvard Center for Law and Education

    61 Kirkland Street

    Cambridge, Massachusetts 92138

    (617) 495-4666

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