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

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NOTES: EDUCATION, Chapter 7 1. See ch. 3, supra. 2. School systems in Arizona, Kansas, and New Mexico had segregated schools for Negroes under sanction of State law at the time of the Supreme Court decision in 1954. These States had statutes permitting segregation in varying degrees or under specified conditions. See 7959 Report 158, 245-56. 3. In New Jersey, Ohio, and Pennsylvania there were instances of compulsory racial segregation without sanction of State law. See 7959 #^0^256-58. 4. See ch. 3, supra. 5. 7959 Report 15. 6. U.S. Bureau of the Census, News Release, C.B. 61-16, Mar. 14, <strong>1961</strong>, New York, N.Y., Chicago, 111., Philadelphia, Pa., Detroit, Mich., and Los Angeles, Calif. 7. Id., Baltimore, Md., Houston, Tex., Washington, D.C., St. Louis, Mo., Dallas, Tex., New Orleans, La., San Antonio, Tex., Memphis, Tenn., and Atlanta, Ga. 8. Id., Washington, D.C., St. Louis, Mo., and Baltimore, Md. See 1959 Report i74~79> 182-83. 9. N.Y. Times, May n, <strong>1961</strong>, p. 33. 10. Philadelphia Board of Public Education, For Every Child, the Story of Integration in the Philadelphia Public Schools, Oct. 1960 at 2. 11. City of Pittsburgh <strong>Commission</strong> on Human Relations, The Status of Education of Negroes in Pittsburgh, Apr. 1960 at 2. 12. California Hearings 76 (Report of the Education Committee of the Community Relations Conference of Southern California, prepared by Dr. Burton Henry). 13. Id. at79. 14. Id. at 816 (Statement of Dr. Harold Spears, Superintendent of Schools, San Francisco, Calif.). 15. Id. at 855 (Statement of Hon. Redmond C. Staats, Jr., Judge, Berkeley, Albany Municipal Court). 16. Detroit Hearings 144 (Statement of Mr. Charles L. Wells, Vice President, Citizens Association for Better Schools). 17. Maslow, "De facto Public School Segregation," 6 Vill. L. Rev. 354- 55 (i960- 18. Prior to the decisions of the Supreme Court in Shelley v. Kraemer [334 U.S. i (1948)] and Hurd v. Hodge [334 U.S. 24 (1948)] restrictive covenants were judicially enforced in most States and the District of Columbia. Federal policy with respect to restrictive covenants played an important role in limiting the residential housing available to Negroes, thus helping to create Negro "ghettos". 218
Notes: Education, Chapter 7—Continued In its early days of existence the FHA encouraged racial discrimination by recommending the use of restrictive covenants. Its explanation for doing so was the widespread belief that property values for a residential neighborhood suffered when the residents were not of the same social, economic, and racial group. In its 1938 Underwriting Manual the FHA declared that if a neighborhood is to retain its stability it is necessary that properties shall continue to be occupied by the same social and racial groups. See pt. VI, chs. 2 and 3. 19. These terms were defined by the court in the case of Taylor v. Board of Education of New Rochelle, New York, 191 F. Supp. 181, 194 note 12 (S.D.N.Y. <strong>1961</strong>): "If these terms must be used, 'de jure' should refer to segregation created or maintained by official act, regardless of its form. 'De facto' should be limited to segregation resulting from fortuitous residential patterns." 20. See ch. 6, infra. 21. 228 F. 2d 853 (6th Cir. 1956), cert, denied, 350 U.S. 1006 (1956). 22. 228 F. 2d at 859, supra, note 21. 23. 165 F. Supp. 87 (E.D. Mich. 1958). 24. Id. at 90. [Emphasis added.] 25. 191 F. Supp. 181 (S.D.N.Y. <strong>1961</strong>). The board argued on appeal that if the lower court's ruling was upheld it "might release a flood of complaints from other minority groups, notably Jewish and Italian." The board has voted to request review by the Supreme Court. N.Y. Times, Aug. 6, <strong>1961</strong>, p. 11. 26. Id. at 189. 27. Id. at 192-93. 28. Id. at 195. 29. California Hearings 76. 30. Id. at 68. 31. Id. at 68 (Statement of Dr. Paul F. Lawrence, Superintendent, Willowbrook School District, Representing the Community Relations Conference of Southern California). 32. Detroit Hearings 143-44. 33. Detroit Hearings 184. 34. Id. at 143. 35. California Hearings 92. 36. Philadelphia Board of Public Education, supra, note 10. 37. Chisholm v. Board of Public Education, District of Philadelphia, Civ. No. E.D. Pa. (<strong>1961</strong>). In July <strong>1961</strong> the Pa. General Assembly enacted a Fair Education Opportunities Act. The new legislation (Pennsylvania's first) followed studies that showed some Pa. colleges were accepting minority group students on a quota basis. 219
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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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three Negro students from Virginia
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conduct of public library services.
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Act program, the Southern States re
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10. Role of the Executive Branch Ea
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or to submit plans to accomplish de
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gate and report his findings. On th
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THE LOUISIANA CASES An Interpositio
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circumvented would subvert our cons
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As to the contention that the Unite
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At the hearing at which the court r
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Appropriate action to vindicate the
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the formulation of a desegregation
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Page 189 and 190: 12. Conclusions The Nation's progre
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Page 193 and 194: have made some start towards compli
Page 195 and 196: Need for Federal protection 17. The
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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 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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Page 264 and 265: U.S. Commission on
Page 266 and 267: LIST OF CASES CITED—Continued Pag
Page 268 and 269: LIST OF GASES CITED—Continued In
Page 270: LIST OF GASES CITED—Continued Pag
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