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

to be considered in pupil assignment. 28 The fourth created a board of
private education, 24 and the fifth amended the compulsory attendance
law. The latter exempted students assigned against their parents' written
objection to a school attended by both races, if a transfer was denied
or was unavailable. 25
Arkansas
The Arkansas statutes authorized school districts to provide tuition grants
for children unable to attend public schools for reasons beyond their
control, 26 and permitted public school teachers transferring to private
nonprofit schools to continue in the State's Teacher Retirement System. 27
Others provided for the withholding of State funds from any school
accepting for enrollment a child who normally would attend a different
school and granting the funds withheld, to any public or nonprofit
accredited private school in the State attended by such child; 28
exempted children assigned to a desegregated public school from compulsory
school attendance; and authorized the State Board of Education
to provide tuition grants for such children in case they wanted to attend
another public school or a segregated nonsectarian private school within
the State. 29 The legislature also enacted a new pupil assignment
measure virtually identical to the Alabama pupil placement law which
had been held not unconstitutional on its face. 30 The legislature also
approved a constitutional amendment that would close schools to avoid
desegregation. This proposed amendment, however, was defeated in
the November 1960 election. 31
Georgia
The statutes enacted by the Georgia General Assembly in 1959 were
designed to resist any Federal court order desegregating public schools.
One authorized the Governor to close public schools to preserve order
and made it unlawful for any official to participate in the operation of
such a closed school or expend funds therefor. This statute provided
also for transfers from closed schools, and for educational grants to permit
students to attend private schools. 32
Another statute authorized State income tax deductions for contributions
to private schools; 33 another guaranteed payment of teachers'
salaries if schools were closed; 34 and another created, as a replacement for
the former <strong>Commission</strong> on Education, a Governor's <strong>Commission</strong> on Constitutional
Government. The new <strong>Commission</strong>'s assignment was to
formulate plans to prevent encroachment by the Federal Government
on the functions and powers of the State. 35
Georgia also passed a law to prohibit any city or county with an independent
school system from levying ad valorem taxes for the support of
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