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

Notes: Education, Chapter 3—Continued
in. See note 98, supra.
112. Id. at 7.
113. Hayes v. County School <strong>Commission</strong> of Rutherford County, Civ.
No. 2767, M.D. Tenn., Sept. n, 1959, 4 Race Rel. L. Rep. 874
(I959)-
114. E.g. } Pulaski County School District (Ark.) and Frenship Rural
School District (Tex.). (See ch. 4 at 45 and 53, infra.) For
general discussion, see So. School News, Mar. 1960, p. i.
115. 281 F.2d385 (3d Cir. 1960).
116. Id. at 393.
117. Ibid.
118. Ibid.
119. Another problem in the Delaware case arises from the existence
of all-Negro districts that overlap white districts, some of which
maintain Negro schools. The board's statement to the Supreme
Court describes the school district organization of Delaware as a
hodgepodge:
. . . There are 15 special school districts, 81 State board districts,
and the city of Wilmington. A number of these districts
are Negro school districts .... The Negro school districts
overlap from one to six white school districts ....
Special districts have Negro schools .... One white school
district includes three Negro school districts .... The hodgepodge
exists as a result of the physical growth of the public
school system in Delaware .... While the Negro districts
exist as such, there are no definite boundaries available now
.... Ennis v. Evans, Sup. Ct. No. 537, Oct. 1960, Petition
for Writ of Certiorari to U.S.C.A., 3d Cir., p. 66a.
A Delaware statute prohibits transfers from one district to another
if the sending district provides instruction at the grade level for
which application for transfer is made. The State board claimed
that revision of State law is required to transfer a Negro pupil
from a Negro district to a white school in a "Specialist" district
even though by reason of overlap of districts the applicant may
live in the geographic area of both. The district court held the
statute unconstitutional insofar as it would prohibit, condition, or
otherwise qualify pupil transfers under the desegregation plan as
approved by the court. Evans v. Buchanan, Civ. No. 1816-22,
D. Del., June 26, <strong>1961</strong>. Except that this problem is of districts
instead of school zones, it is like the Houston case, Ross v.
Peterson, Civ. No. 10, 444, S.D. Tex., Aug. 3, 12, 1960, 5 Race
Rel. L. Rep. 709 (1960), where students were given the choice of
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