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

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Negroes; in others the segregated services for Negroes are greatly inferior to those for whites. 23. The Library Services Act of 1956 requires that all participating libraries shall provide free service to all residents of the communities they serve and also directs the <strong>Commission</strong>er of Education to withhold Federal funds if he finds that the administration of a State plan fails to comply with the requirements of the act. Alleviation of academic handicaps 24. The deprivations that school segregation imposes on minoritygroup members tend to be perpetuated through inferior segregated colleges, devoted primarily to training graduates for teaching careers for the most part in segregated public schools. These deprivations raise problems not only in connection with the desegregation of school systems (see findings 9 to n supra], but in limiting the opportunities of individual minority-group students and teachers. 25. Educational programs at the precollege and graduate levels designed to identify and assist students and teachers of native talent could help to overcome the cumulative deprivations of the past; and would benefit the education system of the Nation. Higher education 26. Federal support of higher educational institutions that do not comply with constitutional principles is unconscionable and should be terminated. There is no justification for delay in compliance with constitutional requirements in institutions of higher education. School census by ethnic classification 27. A comprehensive nationwide study of equal protection of the laws in public education requires complete and accurate factual information as to the schools attended by all major ethnic groups, including, for example, Puerto Ricans and Mexican-Americans, as well as racial groups, such as Negroes and Orientals. An annual headcount in school districts, colleges and universities that would not be part of the permanent record of individual students would provide the data needed for evaluation of equal protection in educational institutions without exposing students to the risk of discrimination. 28. The New Rochelle case, affirmed by the United States Court of Appeals for the Second Circuit, and other lower court decisions, make it clear that denial of equal protection of the laws under the 14th amendment does not depend solely upon assignment to school by race. Information about racial segregation in Northern schools, viewed in the light of the New Rochelle case and other decisions, indicates that denial 180
of equal protection in public schools on the ground of race is a national, not regional problem. 29. Reliable data showing the ethnic composition of individual public schools and higher educational institutions would be helpful in studying practices in Northern, Western and Border States that may constitute a denial of equal protection of the laws. RECOMMENDATIONS Federal action to speed desegregation Recommendation i.—That the Congress enact legislation making it the duty of every local school board which maintains any public school from which pupils are excluded on the basis of race, to file a plan for desegregation with a designated Federal agency within six months after the adoption of such legislation, said plan to call for at least a first step toward full compliance with the Supreme Court's decision in the School Segregation Cases at the beginning of the following school year, and complete desegregation as soon as practicable thereafter. Further, that Congress direct the Attorney General to take appropriate action to enforce this obligation. Recommendation 2.—That the Congress provide that any and all Federal grants-in-aid to the various States for educational programs in elementary and secondary public schools be allocated so that States wherein all school districts are operated on a nondiscriminatory basis shall receive the full amount computed under the applicable statutory formula; that States wherein no school districts are so operated shall receive only 50 percent of such funds; that States wherein school districts have initiated desegregation programs shall receive 50 percent of such sum plus the same proportion of the remaining 50 percent as the number of pupils enrolled in all school districts in the State which have initiated a program of desegregation bears to the total number of pupils enrolled in all school districts in the particular State which have a biracial school population. Dissent to Recommendation 2 by <strong>Commission</strong>er Rankin Although this recommendation does not provide for the withholding of all funds from public schools, its purpose is similar to that of the "Powell Amendment" and its net effect might be punitive. I do not believe that school children should be made to suffer for the errors of their elders. 181
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1961 United States
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KF 4755 .A822 1961
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Page CHAPTER 4. DESEGREGATION IN TH
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Page Summary 135 CHAPTER 9. SOUTHER
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General Contents: Books 1-5 Book I:
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Foreword The United States
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Inaction of government officials ha
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pan iv. Education 1. Introduction O
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equire or permit segregation by rac
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for the two races. 8 After the clea
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district court might conclude after
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1. State-imposed racial segregation
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grants, for example? If so, what pr
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If initial assignments by race subj
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As the Court put it in Boiling v. S
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seems to arise. The cost of public
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children of the same family to atte
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The Fifth Circuit appears to be on
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to exhaust administrative remedies
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students wishing to do so could reg
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In Northcross v. Board of Education
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standards, was rejected on "attitud
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Curriculum disparities as between w
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to be approved or disapproved by a
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their schools, as required by law."
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4. Desegregation in the South By Ma
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enrollment. In September 1960, Air
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the school year. 88 While the numbe
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hand, they were openly—this time
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Maryland All of the 23 school distr
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tion. 80 One Negro pupil was assign
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The North Carolina Advisory Committ
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eligible Negro students quietly ent
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white counterparts. Their overall a
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Fairfax County, which has a very sm
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Our dual system of schools is the b
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having only a few Negro pupils have
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The Charlotte-Mecklenburg Board of
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to maintain segregated schools for
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and authorized school boards to pro
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desegregated schools. 86 This legis
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and New Orleans—was under court o
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It had become clear that New Orlean
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South Carolina Statutes enacted dur
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6. The Threat to Education ... no i
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act, and a 1959 amendment withholdi
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ther to close other schools in any
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given authority to call an election
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from certain schools was voided by
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funds were available. The school bo
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The financing of these private scho
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and other forms of governmental par
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should be kept in mind when we spea
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public schools because of tuition g
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7. Segregation North and West At le
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y school authorities. All these pow
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easonable, and educationally sound.
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classes and school, attend the scho
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choice is between two schools havin
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thorough elimination of segregation
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INFERIORITY OF THE SCHOOL From 1896
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Having put the power of assignment
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suit in serious disparities in staf
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sponsored; others are private, volu
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same students had made the previous
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sional techniques involved in purpo
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Another approach is to improve his
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January January 1958 1961</
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IQ scores of 108, 128, 99, and 125
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Page 150 and 151: serves. Thus, Oak Park and Carver p
Page 152 and 153: sponsored. An exception is the tuto
Page 155 and 156: 9. Southern Libraries Sixteen years
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Page 165 and 166: 10. Role of the Executive Branch Ea
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Page 169 and 170: gate and report his findings. On th
Page 171 and 172: THE LOUISIANA CASES An Interpositio
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Page 175 and 176: As to the contention that the Unite
Page 177 and 178: At the hearing at which the court r
Page 179 and 180: Appropriate action to vindicate the
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Page 183 and 184: 11. The Colleges In January <strong
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Page 187 and 188: In May 1961 a Negr
Page 189 and 190: 12. Conclusions The Nation's progre
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Page 195: Need for Federal protection 17. The
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Page 204 and 205: NOTES: EDUCATION, Chapter 2 1. Brow
Page 206 and 207: Notes: Education, Chapter 3—Conti
Page 212 and 213: NOTES: EDUCATION, Chapter 4 1. Cf.
Page 234 and 235: NOTES: EDUCATION, Chapter 7 1. See
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Notes: Education, Chapter 10—Cont
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Notes: Education, Chapter 10—Cont
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Notes: Education, Chapter u—Conti
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236
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TABLE 2.—Status of segregation-de
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240
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EXHIBIT i Bureau of the Budget No.
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(3) Fill in blanks under columns th
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GARDINER, "National Library Week—
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U.S. Commission on
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LIST OF CASES CITED—Continued Pag
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LIST OF GASES CITED—Continued In
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LIST OF GASES CITED—Continued Pag
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