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SOUTHERN SCHOOL NEWS-JUNE I960—PAGE 9
Maryland
DISTRICT OF COLUMBIA
(Continued From Page 8)
sought to enroll young Alvin in the
predominantly white Aberdeen High
School rather than in the all-Negro
Havre de Grace Consolidated School.
Judge Thomsen did not go so far as
to say that Harford County school of
ficials must enroll young Pettit in the
tenth grade of the Aberdeen academic
course next fall. He left it to the of
ficials to place the boy after he com
pletes the ninth grade at the Baltimore
junior high where his father has been
paying tuition so that he could take an
academic course. After saying that the
boy was entitled to a chance in tenth
grade of the Aberdeen academic course,
the judge wrote:
“I will sign a decree appropriately
worded to require defendants to admit
the infant plaintiff to the Aberdeen
High School at the beginning of the
1960-61 school year, to the same grade
and course as white children similarly
situated, and according to the same
procedure that white children are ad
mitted to that school.
“The principal of the Aberdeen High
School or other appropriate personnel
may counsel the infant plaintiff to pur
sue such course of studies as, in the
regular operation of the school, they
would counsel white children similarly
situated to pursue. He will be required
to conform to such advice to the same
extent that white children similarly
situated are required to conform. At no
time shall he be assigned to a course
of study, graded, promoted or demoted,
except in accordance with the regular
policy of the school to assign, grade,
promote or demote white children
similarly situated.”
TOOK TEST IN 1956
While finding it “unnecessary for this
Court to review the action of [screen
ing] committee,” Judge Thomsen noted
in his review of the facts that Pettit
had been judged not to be ready for
transfer to the white high school on the
basis, in part, of an achievement test
taken in 1956 and an intelligence test
in 1957. The screening occurred dining
the summer of 1959. “In future border
line cases,” Thomsen said, “up-to-date
test results should be obtained.”
In passing, Judge Thomsen in his de
cision added some fuel to what the
Baltimore Sun earlier this year de
scribed editorially as the “quietly
smoldering, ultra high-toned feud” be
tween the State Board of Education
and the District Court. The judge dis
agreed with the position that the state
board had taken in the Pettit case,
when Pettit appealed to that admin
istrative body last October. The board
said, in effect, that the action of the
county screening committee was not
the responsibility of the county super
intendent or the state board, because
the committee was strictly an “arm of
the court.”
Judge Thomsen’s decision states a
contrary view of the state board’s re
sponsibility. It says:
“I do not agree with the conclusion
of the State Board that the [screening]
committee is ‘an arm of the court.’ The
decree in the Moore case approved and
gave effect to the plan of desegregation
as adopted and modified by the county
board [of education]. That plan estab
lished the committee and the criteria
upon which it should act in making its
‘evaluations.’ The several applications
for transfer were approved or disap
proved by the county board, and the
formal rulings were communicated to
the applicants by the county superin
tendent.
LEGAL QUESTIONS
“Under Maryland statutes and de
cisions an appeal lies to the State
Board of Education from such action
with respect to any administrative
problems involved, although legal ques
tions may be taken immediately to the
courts ... Of course, many problems
involve both administrative and legal
questions, and this court decided in
Robinson and in Moore that it was
generally desirable, as a matter of com
ity and discretion, for a federal court
to defer decision until the state board
has been given an opportunity to pass
on such a problem.
“In the instant case, the administra
tive and educational questions involved
in the ‘evaluation’ made by the com
mittee, and in the decision made by the
county board and the superintendent
on the July 1959 application, were mat
ters which could better be decided by
the state board than by this court, leav
ing to the courts the legal questions in
volved.
“I hope that the state board will be
willing to pass on such administrative
and educational questions in the future;
otherwise it would be futitle for this
court to continue to insist that appli
cants appeal to the state board before
seeking relief in this court.” # # #
House Passes Anti-Segregation Amendment
A 1.3 billion dollar federal
school construction aid bill,
which included the controversial
Powell amendment to deny funds,
to segregated schools, was passed
by the House of Representatives
May 26. It threatened to set off a
legislative battle, which could kill
the measure. (See “National Af
fairs.”)
Delegates to a school-sponsored
Human Relations Conference
charged that job discrimination
against Negroes is a major cause
of educational problems in the
city’s desegregated school system.
(See “District Schools.”)
Educators reported that a “tal
ent search” project launched at a
junior high school last fall to
raise the educational and voca
tional goals of underprivileged
students is pointing the way
toward higher scholastic achieve
ments. (See “District Schools.”)
President Eisenhower signed
the 1960 Civil Rights Bill into
law, said it holds “a great prom
ise” for securing voting rights,
but voiced regret at deletion of a
school integration section. (See
“National Affairs.”)
The House, traditional burial ground
of school aid bills, voted 206 to 189 for
a four-year measure sponsored by Rep.
Frank Thompson Jr. (D-NJ). A coali
tion of conservative Republicans and
southern Democrats failed to kill the
bill even after the anti-segregation
amendment offered by Rep. Adam
Clayton Powell (D-NY) was inserted
by a 218 to 181 vote.
Southern senators served immediate
notice that they would try to knock
the Powell amendment out of the bill.
There was some doubt that the meas
ure would even get to a conference to
compromise with a Senate-passed ver
sion, since transmittal to conference
would hinge on the conservative House
Rules Committee.
Before approving the anti-segrega
tion rider, the House rejected 151 to 78
an “anti-Powell amendment” offered by
Rep. Phil Landrum (D-Ga), which
would have guaranteed federal funds
to school districts regardless of their
compliance with desegregation orders.
Powell said the Landrum amendment
would have “completely destroyed” the
Supreme Court’s 1954 desegregation de
cision.
The Thompson bill would provide 325
million dollars a year for school con
struction, with states or localities
matching federal funds dollar for dol
lar. Distribution would be based on the
school-age population in each state.
The House defeated an attempt by
Rep. Carl Elliott (D-Ala) to introduce
a “need formula,” based on average
personal income, which would have
stepped up the grants to the southern
states.
SIGNS RIGHTS’ BILL
President Eisenhower signed the
Civil Rights Bill into law May 6 and
said it holds “a great promise” of guar
anteeing the constitutional voting rights
of all Americans regardless of race.
But the President expressed regret
that Congress eliminated from the bill
his recommendations for federal aid to
communities trying to formulate school
desegregation plans and for a perma
nent commission to assure equal job
opportunities among government con
tract workers.
The law authorizes federal judges to
appoint referees to determine the vot
ing qualifications of persons whom local
officials refuse to register. It also
cracks down on “hate bombings” of
churches, schools and other buildings,
makes it a federal crime to interfere
with court-ordered school desegrega
tion and provides for federally-spon
sored schooling of servicemen’s chil
dren when local schools are closed by
desegregation disputes.
HAILS NEW LAW
Mr. Eisenhower hailed the law as
“an historic step forward in the field
of civil rights” and appealed to “all re
sponsible persons” to help assure equal
treatment under law regardless of race.
The Justice Department invoked the
new law May 9 to check a backlog of
alleged voting discrimination cases in
the South.
Atty. Gen. William P. Rogers an
nounced that the FBI had been directed
to ask voting registrars in four south
ern counties to make their registration
records available for inspection “imme
diately.” He called it the beginning of a
“widespread program” to protect voting
rights.
The four areas were McCormick
County, S.C.; East Carroll, La.; Webs
ter County, Ga.; and Wilcox County,
Ala. All are rural counties where more
than half the adult residents are Ne
groes, but where no Negro is registered
to vote.
Later in the month, Rogers added
four more southern counties to the in
vestigation list: Early County, Ga.;
Montgomery County, Ala.; and Oua
chita and East Feliciana counties, La.
News reports early in May quoted
“sources close to Vice President Nix
on” as saying that the vice president
believes that “moral persuasion” from
the next president will do more than
additional federal legislation to reduce
racial tensions. Nixon was reported to
think that civil rights will not figure
prominently in the election campaign
this fall.
Unequal job opportunities in the
capital were cited as a major factor
contributing to educational lags at a
Human Relations Conference held May
21 under sponsorship of the school ad
ministration.
The conference sought to involve
parents, teachers and community lead
ers in promotion of better racial under
standing in the District’s desegregated
schools.
“Countless Negro students drop out
of school or don’t perform up to their
ability because of the employment
doors which are closed to them,”
Sterling Tucker, executive secretary of
the Urban League, told a conference
session.
NO STIMULATION
“There is no real stimulation in the
community for the Negro student,” he
said. “The job of providing incentive is
left up to the schools and the parents
who are not equipped to carry the load
alone.”
The conference groups urged the 700
school and civic leaders attending the
meeting to wage an all-out campaign
to break down racial bias among la
bor unions and employers.
They also saw a need for stepped-up
vocational programs beginning in the
elementary grades for students who
will not continue their education be
yond high school.
The delegates called on businessmen
to cooperate with the schools in a
“work-study” program which would
provide jobs for students while per
mitting them to continue their educa
tion.
OTHER RECOMMENDATIONS
Other recommendations for speeding
integration of Negroes into the com
munity included:
• Courses in consumer education for
children and adults to help low-income
DELAWARE
Suit To Abolish Negro School District
May Be Filed in State Chancery Court
DOVER, Del.
elaware Court of Chancery
may be asked to abolish a
Negro school district that has the
same boundaries as a white dis
trict. The State Board of Educa
tion has denied it has the right.
(See “Legal Action.”)
Rep. Chester Bowles (D-Conn)
told a Law Day gathering in Wil
mington that difficult days he
ahead for racial understanding.
(See “What They Say.”)
Dr. Jerome H. Holland, president of
Delaware State College since 1953, will
become president of Hampton (Va.)
Institute in July. (See “School Boards
and Schoolmen.”)
The State Board of Education has
been asked to abolish a Negro school
district that has the same boundaries
as a white district.
The state board denied it had that
authority, although it created the Ne
gro district in 1948.
A suit on the matter will be filed in
Delaware Court of Chancery, accord
ing to Sidney J. Clark, attorney for
Millside School 182, which has similar
boundaries to Rose Hill-Minquadale.
Clark appeared before the board
May 20, requesting the board “as
sume the same inherent power you
used in 1948 when you created the dis
trict.”
TAXES IMPOSED
At issue are taxes imposed in Dun-
leith, a Negro community in which the
Millside school is located. Taxes for
support of the predominantly white
Rose Hill-Minquadale District are in
cluded in their mortgage payments.
Dunleith residents claim their school
receives no benefit from the arrange
ment.
Clark said that both Rose Hill and
Millside have the authority to raise
taxes by referendum. The weight of
population in Rose Hill, he said, en
ables that district to successfully raise
taxes, which are levied against both
white and Negro residents. But Mill-
side, as a minority, cannot do the same,
he said.
The board, rejected Clark’s plea,
referring to an opinion by Atty. Gen.
Januar P. Bove Jr., who pointed to the
chapter of the school laws dealing
with consolidation of contiguous dis
tricts.
NOT CONTIGUOUS
Clark held that this section doesn’t
a Pply, because the two school districts
are not contiguous but have one com
mon boundary.
“Well, then, why don’t you file suit?”
said Vincent Theisen, president of the
state board and a lawyer himself.
At the hearing, Theisen said Clark
“had made a good legal argument. But
this is not a court of law, and we can
not flout an opinion by the attorney
general.”
Theisen pointed out to Clark that an
opinion by the attorney general has the
force of law until it is overturned by
a court.
Dr. George R. Miller, state superin
tendent of public instruction, said at
one point that “I cannot find where we
had any authority to create the dis
trict.” He said that it had been set up
at the request of P-TA members in
the school district.
Clark said he will file suit “very
shortly.”
In other legal activity during May,
the Laurel School Board was advised
(See DELAWARE, Page 10)
groups make better use of their
money.
• Relocation of welfare services to
neighborhood areas where they can
provide “on-the-spot” assistance.
• Assignment of roving instructors to
teach health habits and provide family
counseling to parents.
"TALENT SEARCH’
School officials reported May 3 that a
“talent search” project launched at a
local junior high school last fall under a
foundation grant is demonstrating that
extra effort devoted to economically
and culturally deprived students pays
off in improved academic performance.
After just a few months of special
counseling, remedial instruction and
contact with cultural experiences to
which they are normally not exposed,
students have sharply reduced their
scholastic failure rate and—in some in
stances—raised their scores on stand
ardized IQ tests.
The “talent search” program involves
some 200 seventh grade students at
Macfarland Junior High School. About
92 per cent are Negroes. Matched
against a comparable control group
which is not receiving the special at
tention, the students in the project are
scoring notable gains, school officials
said.
If the project shows demonstrable ac
complishments over a longer period, ef
forts will be made to extend it to other
schools in the system. A similar expe
riment launched in New York City
four years ago will operate in 63
schools next fall.
DC STUDENTS HOLD OWN
District senior high school students
held their own or scored slight gains
on standardized tests administered this
year, School Supt. Carl F. Hansen an
nounced May 19. Standardized test
scores for elementary and junior high
students will be announced in June.
Hansen said results of the city-wide
testing program showed that “our sec
ondary school program is making more
than its normal contribution to the ed
ucation of students.”
Average test scores were broken
down by the four tracks of the city’s
ability grouping system. They showed
students in the top honors track and
in the college preparatory program
scoring well ahead of national norms.
Honors students came close to the top
of the testing scale.
In the general track for students not
planning to go to college, gains were
made over last year’s scores, but av
erages still trailed far behind national
standards.
MAY CUT ELECTIVES
Hansen said he was concerned about
the performance of these students and
was considering the possibility of cut
ting down on their elective courses
while increasing the number of re
quired basic subjects.
In the remedial basic track, students
also made gains over last year, but
continued to lag, on the average, three
to four years behind their normal
grade level.
More than 2,000 high school seniors
whose scores this year were compared
with their performance in the 10th
grade two years ago showed “signifi
cant evidence of real growth,” Hansen
said. They made average gains of four
to six points in the Iowa test series. A
gain of two points a year is consid
ered “normal.”
COLLEGE PROPOSAL KILLED
A House District subcommittee voted
May 24 to kill for this year a proposal
to establish a two-year junior college
division in District Teachers College.
The subcommittee headed by Rep. D.
R. (Billy) Matthews (D-Fla) decided it
wanted to await an accrediting reevalu
ation of the Teachers College scheduled
for next February by the Middle States
Assn, of Colleges and Secondary
Schools.
School officials and community lead
ers who backed the junior college pro
posal said it would open higher educa
tion opportunities for several hundred
students who graduate from District
high schools each year with the ability
—but not the financial means—to go to
college. The District now provides pub
licly-supported higher education only
in the field of teacher preparation.
School officials voiced disappointment
with the subcommittee’s action in kill
ing the bill, which cleared the Senate
last summer. Withdrawal of the col
lege’s accreditation was threatened in
1958, but the school was full accredited
after the Board of Education moved to
remedy deficiencies cited by the Middle
States Assn.
# # #