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

More documents

Recommendations

Info

standards, was rejected on "attitude and ability to adjust and home environment." The court noted that at the hearing of this child's application, the father of the student, a doctor, gave the board a rather spirited lecture as to its constitutional duties. Since the procedures used by the board in making initial assignments had been found discriminatory, it was not necessary for the court to pass upon individual denials of reassignments. Hence, no specific criterion or group of criteria were condemned as irrelevant. But it does appear that this court believed that the criteria used in placing pupils must be relevant to the business of operating schools. This would be assured if it were explicitly required that criteria used for assignment of pupils be related to a definite classification of the schools. Judicial guidelines.—Although about 40 court cases have considered the rejection of applications for transfer, few definitive guidelines have emerged. Residential proximity to a school without regard to zoning is almost universally upheld 84 as a basis for determining school assignments, 88 as is residence in a properly established attendance area. 88 (The propriety of the attendance areas seems questionable where they were established under a dual system of racial schools and not revised, but this has been upheld.) 87 A Negro living in the appropriate attendance area cannot be subjected to transfer tests which his fellow white students are not given. 88 In one case, after a special survey showed that the applicant for transfer lived 15 feet nearer to the Negro school than the white school for which he applied, a forced assignment to a Negro school was upheld. 88 Scholastic achievement has been held a valid factor for consideration with respect to an application for transfer. However, a Negro applicant cannot be barred from a white school if white students are not excluded on the same basis, 60 or, where achievement is the criterion applied, if the applicant's achievement is equal to or better than that of the lowest white student in the class to which he seeks admission. 91 Overcrowding has been upheld as a ground for denial of midyear transfer of a Negro student, 92 but the same court rejected this as a reason for denying transfer the following fall when new classes were being made up. 98 The educational undesirability of repeated transfers was sufficient to deny a transfer to a student who lived closer to a new Negro school about to be completed than to the white school for which he applied, since he would be subject to transfer to the new school when completed. 94 Likewise, the denial of transfer of a high school senior was upheld when he had only a few more months to go to complete high school. 95 Possible racial tension and violence, 96 or threat of friction and disorder, 87 as criteria for denying transfer have been held to conflict with the Supreme Court decision in Cooper v. Aaron?* "Isolation" in school 30
is a legally insufficient reason to deny a transfer, 9 " and "adaptability" has been held legally questionable. 100 A plan calling for transfer upon the basis of tests to establish mental and moral health, intelligence, suitability of the existing curriculum, and adaptability to the required emotional and social adjustment has been approved by a Federal court, 101 but no case has arisen hi which actual denial of transfer under this plan has been tested. Another courtapproved plan includes all of the above factors, plus psychological considerations, home environment and morals, conduct, health, and the pupil's personal standards. 102 Again, its application has not come before a court. The opinion in the second Little Rock case 108 shows that several of these criteria were applied to Negro applicants by the Little Rock board but, having found the original assignments based on race unconstitutional, the court did not specifically pass upon any of the criteria relating to applications for reassignments. ALL DELIBERATE SPEED Immediate admission In the previous chapter it was pointed out that the School Segregation Cases were predicated upon a finding that the Negro and white schools involved had been equalized, or were being equalized, in all tangible factors. 104 In the absence of such equality there would appear to be no authority for the application of the doctrine of protracted compliance with all deliberate speed; compliance must be forthwith. 105 The classic situation of inequality in tangible factors is the absence within the school system of any school for Negroes. In Kilby v. Board of Education of Warren County, 100 the first case of its kind since 1954, the district judge ordered immediate admission of all resident Negro students to the high school maintained for white pupils. Theretofore Negro students had been given tuition grants to attend school in another county. The court remarked that this method of providing education had not been acceptable under the outmoded separate-but-equal doctrine. It cited in this connection a pre-ig54 decision in a Federal district court also in Virginia. 107 It might have cited the Supreme Court decision in Missouri ex rel. Gaines v. Canada which specifically so held. 108 Since the Warren County case, three other Virginia school districts which did not maintain a high school for Negroes have also been ordered to admit them immediately to the high school for white students. 109 3'
Page 1: 1961 United States
Page 4 and 5: KF 4755 .A822 1961
Page 6 and 7: Page CHAPTER 4. DESEGREGATION IN TH
Page 8 and 9: Page Summary 135 CHAPTER 9. SOUTHER
Page 11 and 12: General Contents: Books 1-5 Book I:
Page 13 and 14: Foreword The United States
Page 15 and 16: Inaction of government officials ha
Page 17 and 18: pan iv. Education 1. Introduction O
Page 19: equire or permit segregation by rac
Page 22 and 23: for the two races. 8 After the clea
Page 24 and 25: district court might conclude after
Page 26 and 27: 1. State-imposed racial segregation
Page 28 and 29: grants, for example? If so, what pr
Page 30 and 31: If initial assignments by race subj
Page 32 and 33: As the Court put it in Boiling v. S
Page 34 and 35: seems to arise. The cost of public
Page 36 and 37: children of the same family to atte
Page 38 and 39: The Fifth Circuit appears to be on
Page 40 and 41: to exhaust administrative remedies
Page 42 and 43: students wishing to do so could reg
Page 44 and 45: In Northcross v. Board of Education
Page 48 and 49: Curriculum disparities as between w
Page 50 and 51: to be approved or disapproved by a
Page 52 and 53: their schools, as required by law."
Page 55 and 56: 4. Desegregation in the South By Ma
Page 57 and 58: enrollment. In September 1960, Air
Page 59 and 60: the school year. 88 While the numbe
Page 61 and 62: hand, they were openly—this time
Page 63 and 64: Maryland All of the 23 school distr
Page 65 and 66: tion. 80 One Negro pupil was assign
Page 67 and 68: The North Carolina Advisory Committ
Page 69 and 70: eligible Negro students quietly ent
Page 71 and 72: white counterparts. Their overall a
Page 73 and 74: Fairfax County, which has a very sm
Page 75 and 76: Our dual system of schools is the b
Page 77 and 78: having only a few Negro pupils have
Page 79: The Charlotte-Mecklenburg Board of
Page 82 and 83: to maintain segregated schools for
Page 84 and 85: and authorized school boards to pro
Page 86 and 87: desegregated schools. 86 This legis
Page 88 and 89: and New Orleans—was under court o
Page 90 and 91: It had become clear that New Orlean
Page 92 and 93: South Carolina Statutes enacted dur
Page 95 and 96: 6. The Threat to Education ... no i
Page 97 and 98:
act, and a 1959 amendment withholdi
Page 99 and 100:
ther to close other schools in any
Page 101 and 102:
given authority to call an election
Page 103 and 104:
from certain schools was voided by
Page 105 and 106:
funds were available. The school bo
Page 107 and 108:
The financing of these private scho
Page 109 and 110:
and other forms of governmental par
Page 111 and 112:
should be kept in mind when we spea
Page 113 and 114:
public schools because of tuition g
Page 115 and 116:
7. Segregation North and West At le
Page 117 and 118:
y school authorities. All these pow
Page 119 and 120:
easonable, and educationally sound.
Page 121 and 122:
classes and school, attend the scho
Page 123 and 124:
choice is between two schools havin
Page 125 and 126:
thorough elimination of segregation
Page 127 and 128:
INFERIORITY OF THE SCHOOL From 1896
Page 129 and 130:
Having put the power of assignment
Page 131:
suit in serious disparities in staf
Page 134 and 135:
sponsored; others are private, volu
Page 136 and 137:
same students had made the previous
Page 138 and 139:
sional techniques involved in purpo
Page 140 and 141:
Another approach is to improve his
Page 142 and 143:
January January 1958 1961</
Page 144 and 145:
IQ scores of 108, 128, 99, and 125
Page 146 and 147:
1. The gains in reading comprehensi
Page 148 and 149:
Inservice programs to upgrade teach
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
Page 157 and 158:
council adopted an ordinance restri
Page 159 and 160:
three Negro students from Virginia
Page 161 and 162:
conduct of public library services.
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 208 and 209:
Page 210 and 211:
Page 212 and 213:
NOTES: EDUCATION, Chapter 4 1. Cf.
Page 214 and 215:
Page 216 and 217:
Page 218 and 219:
Page 220 and 221:
Page 222 and 223:
Page 224 and 225:
Page 226 and 227:
Page 228 and 229:
Page 230 and 231:
Page 232 and 233:
Page 234 and 235:
NOTES: EDUCATION, Chapter 7 1. See
Page 236 and 237:
Page 238 and 239:
Page 240 and 241:
Page 242 and 243:
Page 244 and 245:
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
Page 252 and 253:
236
Page 254 and 255:
TABLE 2.—Status of segregation-de
Page 256 and 257:
240
Page 258 and 259:
EXHIBIT i Bureau of the Budget No.
Page 260 and 261:
(3) Fill in blanks under columns th
Page 262 and 263:
GARDINER, "National Library Week—
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
show all

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

Create successful ePaper yourself

Delete template?

Save as template?