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

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It had become clear that New Orleans school officials were determined to keep the schools open and to comply with the Federal court order. The remaining legislation enacted at the first extraordinary session, therefore, was designed to prevent such compliance. The law providing for the election of the Orleans Parish School Board was repealed and the legislature was authorized to provide for the creation and election of a new board. 62 Whenever any school in their jurisdiction was operated "in violation of the constitution and laws of the State," accreditation was to be withdrawn and school officials prohibited from functioning. School officials were directed to close such schools and to revoke the licenses of teachers instructing therein. 63 Students attending such schools were denied promotion and graduation credits. The transfer of students from the schools to which they had been assigned in September was prohibited and consent thereto by any school official was made a misdemeanor. 64 On November 30, 1960, a three-judge Federal court found 18 of these statutes unconstitutional, and voided 4 House concurrent resolutions that had been approved at the same session. These resolutions implemented some of the statutes by delegating to an eight-man legislative committee complete control of the Orleans Parish school system, 65 and repealing the Orleans Parish School Board resolution transferring four Negro first graders to previously white schools. They also discharged the New Orleans school superintendent and the school board counsel, 68 and declared November 14, 1960, the day scheduled for the desegregation of New Orleans schools, a school holiday. 67 Finally, the four members of the Orleans Parish School Board who had voted in favor of desegregation of the schools were addressed out of office. 68 Since the Orleans Parish school officials had found effective support in the Federal court, the second extraordinary session (November i6-December 15, 1960) adopted a combined strategy of recrimination against the Federal courts 69 and intimidation of the New Orleans School Board. Legislation was adopted to deprive the school board of the power to select its own counsel 70 and to cripple its operations by depriving it of funds and cutting off the pay of teachers who continued to teach in the desegregated schools. The pay of the teachers who had refused to teach in compliance with State law was not affected. 71 The same session also reenacted tuition grant laws for children attending private nonsectarian schools, 72 authorized the transfer of school property whenever a school had been closed indefinitely under the authority of State law, 73 and made it a misdemeanor to obstruct State court orders or judicial processes under penalty of fine and imprisonment. 74 The legislation enacted at the third and fifth extraordinary sessions which met between December 17, 1960, and February 26, <strong>1961</strong>, represented a further attempt to intimidate not only the members of the New Orleans School Board and superintendent of schools (who had attempted 74
to carry out Federal court orders), 75 but also private citizens who had aided parents sending their children to the desegregated schools. 76 Since a Federal court had ordered the desegregation of two other public school systems in the State, those of East Baton Rouge and St. Helena Parishes, statutes were enacted requiring an election on the question of closing the schools " and, in the case of East Baton Rouge Parish, increasing the membership of the school board from 7 to 11 members, the additional 4 members to be appointed by the Governor. 78 At the fifth extraordinary session, tuition grant funds were also made available as of July i, <strong>1961</strong>, by transferring $2.5 million from sales tax proceeds in the public welfare fund to the educational expense grant-inaid fund 79 and by providing an additional monthly transfer to that fund of $250,000 from sales tax revenues. 80 <strong>1961</strong> LEGISLATIVE SESSIONS The Legislatures of Alabama and Florida are still in session at this writing. Those of Arkansas, Louisiana, South Carolina, and Georgia have adjourned. Arkansas The Arkansas Legislature approved an administration-sponsored amendment to the State constitution providing that no child may be denied the right to a free public education because of his refusal to attend school with students of another race, if he proves to the satisfaction of the school board that such attendance would be inimical to his welfare. 81 The amendment will be voted upon at the November 1962 election. Louisiana The Louisiana Legislature at the close of its regular session attached an amendment to the general appropriation bill aimed directly at closing the two New Orleans schools desegregated in 1960. As a result of the white boycott, attendance at these schools had dwindled to a mere trickle. The amendment provides that no funds be distributed to a school "in any parish in which the average daily attendance has been reduced to 25 percent or less of the attendance in that school during the 1959-60 or the 1960-61 school year. . . ." 82 75
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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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Page 42 and 43: students wishing to do so could reg
Page 44 and 45: In Northcross v. Board of Education
Page 46 and 47: standards, was rejected on "attitud
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
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Page 63 and 64: Maryland All of the 23 school distr
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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
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Page 86 and 87: desegregated schools. 86 This legis
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Page 92 and 93: South Carolina Statutes enacted dur
Page 95 and 96: 6. The Threat to Education ... no i
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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
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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
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Page 125 and 126: thorough elimination of segregation
Page 127 and 128: INFERIORITY OF THE SCHOOL From 1896
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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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11. The Colleges In January <strong
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applicants seeking admission to sai
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In May 1961 a Negr
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12. Conclusions The Nation's progre
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schools provide elementary school i
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have made some start towards compli
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Need for Federal protection 17. The
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of equal protection in public schoo
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tended, to serve as a clearinghouse
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the number and ethnic classificatio
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NOTES: EDUCATION, Chapter 2 1. Brow
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Notes: Education, Chapter 3—Conti
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NOTES: EDUCATION, Chapter 4 1. Cf.
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NOTES: EDUCATION, Chapter 7 1. See
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Notes: Education, Chapter 10—Cont
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Notes: Education, Chapter 10—Cont
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Notes: Education, Chapter u—Conti
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TABLE 2.—Status of segregation-de
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240
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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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