1961 US Commission on Civil Rights Report Book 2 - University of ...

. . . But, the Board had indicated that it has no intention of implementing
the remainder of these proposals, which Dr. Dodson
stated must be considered as an integrated whole. Dr. Dodson
testified at the trial that the Board's decision did violence to the
spirit of his report. Thus, it is most difficult to conceive of the
rebuilding of the Lincoln School as good faith compliance with an
obligation to desegregate. In fact, this seems the one sure way to
render certain continued segregation at Lincoln.
The Board's contention that it alone had legal authority to select locations
for schools was summarily answered: 62
The existence of this authority, however, is not questioned by the
plaintiffs. But this power, like any other, must be exercised in
accordance with the demands of the Constitution.
In view of these statements the court's failure to enjoin the building of a
small school on the Lincoln site is puzzling. The court-approved, free
transfer plan appears to be at most a temporary stopgap that may prove
to be entirely ineffectual when the new school is built.
The above decisions suggest the following general rules as to site
selection vis-a-vis equal protection:
1. The discretion granted school boards to select school locations
must be exercised in good faith in the light of such factors as are relevant
and reasonable.
2. In the absence of a showing that the factors used by the board are
not relevant and reasonable, or are a sham or subterfuge to foster segregation,
the action of the board will not be disturbed.
3. The fact that the school by reason of its location may be attended
solely by white pupils, or solely by Negro pupils, is not of itself proof of
an abuse of discretion in site selection.
Because of the inherent possibilities of abuse, site selection may well become
an important issue in the future. 63
The foregoing discussion suggests that gerrymandering, transfer
manipulation, and site selection when used by public officials to promote
school segregation violate the equal protection clause of the I4th amendment.
They do so, of course, regardless of the relative quality of the
facilities provided for the separated races. Attention will now be
directed to other situations that may constitute denials of equal protection—situations
in which inequality arises from the inferiority of the
school to which a pupil is assigned.
no