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

have made some start towards compliance with constitutional requirements.
3. The trend observed in 1957-59 toward desegregation by court order
rather than by voluntary action has continued. In 1959-61, 44
school districts initiated desegregation plans; 13 of those acted under
court order and another 15 were at least pressured into action by pending
suits or orders that could be extended to them.
4. In the Little Rock case the Supreme Court emphasized the duty of
all school boards to abolish compulsory segregation in the public schools
under their jurisdiction. The adoption of a desegregation plan is a
necessary preliminary step. Nevertheless, in recent years such action
has depended increasingly upon court orders.
5. Congressional specification of a time limit on the making and implementation
of segregation plans would remove all doubt as to the duty
of school boards to abolish segregation in their schools even in the absence
of a court order and should speed the desegregation process. It
would also make clear that enforcement of the commands of the Constitution
is the concern not only of the judiciary, but of every branch of
Government.
6. Federal funds in support of educational programs are granted to
public school systems which operate schools in a manner that denies
pupils equal protection of the laws on the ground of race, color, religion
or national origin.
7. Allotting to each State only 50 percent of any authorized grantsin-aid
and prorating the remaining 50 percent in proportion to the
percentage of pupils in desegregated school districts as compared to the
total school population, would recognize the efforts of some States to
bring the operation of their school systems into compliance with constitutional
requirements and should spur other States to follow the same
path. Under a proration formula proportionate effort would be recognized
and wholly resistant States would not be totally penalized for
their intransigence since they would receive 50 percent of all authorized
funds.
8. In the typical public school case, several years elapse between the
initial court decision and actual admission of Negro pupils on a nondiscriminatory
basis. For example, in the following cases where admission
was realized in September 1960 the first court decision came on
the dates indicated: Houston—September 1958, New Orleans—February
1956; and in cases where admission has been ordered for September
<strong>1961</strong>: Atlanta—May 1958, Dallas—September 1955.
Need for Federal assistance
9. Even able Negro pupils entering a formerly white school from a
segregated school may have problems of adjustment. Desegregation has
focused attention on the gap between the scholastic achievement of the
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