80

93-1823-DISSENT

MISSOURI v. JENKINS 5

would also assist in desegregating the district by
attracting white students back into the school system.
See, e.g., 1 App. 118 (Order of June 16, 1986)
("(C)ommitment, when coupled with quality planning and
sufficient resources can result in the establishment of
magnet schools which can attract non-minority enroll-
ment as well as be an integral part of the district-wide
improved student achievement"); see also Jenkins v.
Missouri, 855 F. 2d 1295, 1301 (CA8 1988) ("The
foundation of the plans adopted was the idea that
improving the KCMSD as a system would at the same
time compensate the blacks for the education they had
been denied and attract whites from within and without
the KCMSD to formelry black schools").

The District Court, finding that the physical facilities
in the KCMSD had "literally rotted," Jenkins, 672
F. Supp., at 411, similarly grounded its orders of capital
improvements in the related remedial objects of improv-
ing student achievement and desegregating the KCMSD.
Jenkins, 639 F. Supp., at 40 ("The improvement of
school facilities is an important factor in the overall
success of this desegregation plan. Specifically, a school
facility which presents safety and health hazards to its
students and faculty serves both as an obstacle to
education as well as to maintaining and attracting non-
minority enrollment. Further, conditions which impede
the creation of a good learning climate, such as heating
deficiencies and leaking roofs, reduce the effectiveness of
the quality education components contained in this
plan"); see also Jenkins, 855 F. 2d, at 1305 ("(T)he
capital improvements (are) required both to improve the
education available to the victims of segregation as well
as to attract whites to the schools").

As a final element of its remedy, in 1987 the District
Court ordered funding for increases in teachers' salaries
as a step towards raising the level of student achieve-
ment. "(I)t is essential that the KCMSD have sufficient