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

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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 194
Notes: Education, Chapter 3—Continued attending either the white or the Negro school under the court order. 120. Evans v. Ennis, supra, note 115, at 393. 121. 350 U.S. i (1955) 122. Evans v. Ennis, supra, note 115, at 389. 123. 152 F. Supp. 114 (D. Md., 1957), aff'd. sub. nom., Slade v. Board of Education, 252, F. 2d 291 (4th Cir. 1958), cert, denied, 357 U.S. 906 (1958). 124. E.g., Kelley v. Board of Education of the City of Nashville, 270 F. 2d 209 (6th Cir. 1959) (beginning with the first grade). Calhoun v. Board of Education of Atlanta), Civ. No. 6298, N.D. Ga., Dec. 30, 1959, Jan. 20, 1960, 5 Race Rel. L. Rep. 56, 59, 70 (1960) (beginning with the I2th grade). 125. Boson v. Rippy, 285 F. 2d 43, 47 (5th Cir. 1960). 126. Evans v. Ennis, supra, note 115; Blackwell v. Fairfax County School Board, Civ. No. 1967, E.D. Va., Sept. 22, 1960, 5 Race Rel. L. Rep. 1056 (1960); Mitchell v. Pollock, Civ. No. 708, W.D. Ky., Sept. 27, 1956, i Race Rel. L. Rep. 1038 (1956). See also Mitchell v. Pollock, 2 Race Rel. L. Rep. 304 (1957). 127. Brown v. Board of Education of Topeka, 349 U.S. 294, 300 (i955)- 128. Dodson v. School Board of the City of Charlottesville, Civ. No. 8238, 4th Cir., Apr. 14, <strong>1961</strong>. 129. Ibid. 130. 282 F. 2d 473 (4th Cir. 1960). 131. Id. at 475. 132. 282 F. 2d 256, 262 (8th Cir. 1960). 599611—61 14 195
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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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1. The gains in reading comprehensi
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Inservice programs to upgrade teach
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serves. Thus, Oak Park and Carver p
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sponsored. An exception is the tuto
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9. Southern Libraries Sixteen years
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council adopted an ordinance restri
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Page 163 and 164: Act program, the Southern States re
Page 165 and 166: 10. Role of the Executive Branch Ea
Page 167 and 168: or to submit plans to accomplish de
Page 169 and 170: gate and report his findings. On th
Page 171 and 172: THE LOUISIANA CASES An Interpositio
Page 173 and 174: circumvented would subvert our cons
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
Page 181 and 182: the formulation of a desegregation
Page 183 and 184: 11. The Colleges In January <strong
Page 185 and 186: applicants seeking admission to sai
Page 187 and 188: In May 1961 a Negr
Page 189 and 190: 12. Conclusions The Nation's progre
Page 191 and 192: schools provide elementary school i
Page 193 and 194: have made some start towards compli
Page 195 and 196: Need for Federal protection 17. The
Page 197 and 198: of equal protection in public schoo
Page 199 and 200: tended, to serve as a clearinghouse
Page 201: the number and ethnic classificatio
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
Page 246 and 247: Notes: Education, Chapter 10—Cont
Page 248 and 249: Notes: Education, Chapter 10—Cont
Page 250 and 251: Notes: Education, Chapter u—Conti
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Page 254 and 255: TABLE 2.—Status of segregation-de
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Page 258 and 259: 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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