Newspaper Page Text
I
Vf.nooi News
Objective
,0L 8, NO. 10
Segregated Scho
' 0,su '° 'Sfcittgj;
APRIL, 1962
>se U. S. Aid
By ERWIN KNOLL
WASHINGTON, D.C.
f oR the first time since the
Supreme Court’s school de
legation decision of 1954,
3 e federal government moved
,[arch 30 to cut off some financial
iS istance to school districts which
intinue to practice segregation.
[Secretary of Health, Education and
felfare Abraham A. Ribicoff, in an
^ 1 ppearance before a special House Ed-
f, or. -cation Subcommittee on integration in
/hit. Jderally-assisted areas, announced two
wo. spending actions:
^ l As of September, 1963, the federal
pvemment no longer will regard seg-
tgated schools as “suitable” for fed-
will ja[ grants for the education of chil-
-r it ten whose parents live and work on
tsed iederal installations. Where no deseg-
tgated schools are available to serve
s . -ese installations, the commissioner of
,[j a idueation “will be authorized to pro-
a[)( j die for the education of children on a
ly lonsegregated basis on federal prop-
t [, £ :rty or make other suitable arrange-
: in
jents.”
• A Federal test suit is contemplated
■j challenge segregation in school dis-
licts receiving funds under the aid
jrogram for “impacted areas.”
ned
|ra-
iib-
ro-
ca-
15
Departure from Policy
Ribicoff’s announcement was a dis-
nct departure from previous policies
if both the Kennedy and Eisenhower
idministrations. Though its immediate
Abraham Ribicoff
HEW Secretary to cut aid
effect was expected to be limited, it
could, in the long run, carry substantial
consequences for the pace of school
desegregation and the financial struc
ture of education in the South.
Civil rights groups and Congressional
advocates of desegregation have long
urged withdrawal of federal funds from
segregated districts, but the executive
branch has in the past maintained that
it lacked authority for such action. In
1958, an anti-segregation amendment to
the “impacted areas” bill was defeated
by a vote of 132 to 25.
The 11-year-old program provides
financial assistance for school districts
“impacted” by large numbers of chil
dren of servicemen or other federal
employes. Funds for school construc
tion are granted under Public Law 815
and for current operating expenses un
der Public Law 874. The laws make
provision for two basic types of federal
dependents—those whose parents both
live and work on federal property, and
who therefore pay no local taxes for the
support of schools, and those whose
parents work on federal property but
reside in the local communities which
maintain the schools.
Category Affected
It is the former category only which
would be affected by Ribicoff’s Septem
ber, 1963, cut-off, since it is only in
these cases that the commissioner of
education is authorized to make a de
termination of school “suitability.”
In 1961, more than $12 million in
current school operating funds was fur
nished by the federal government in
behalf of 65,000 pupils residing on fed
eral property in the 17 Southern and
border states (see table). No breakdown
of segregated districts in this phase of
the program was available.
But the aid for children residing on
federal property is a relatively small
part of the “impacted areas” program.
Any general curtailment of impacted
The Figures
Number of pupils in average daily
attendance (1961) who reside on
Federal property and attend local
public schools eligible for current
operating assistance under P.L. 874:
State
No. of
Federal
Pupils
Assistance
Alabama
. 3,550
$ 602,755
Arkansas
. 2,006
340,598
Delaware
9
2,002
Florida
. 4,734
803,788
Georgia
3,109
527,877
Kentucky
199
34,465
Louisiana
. 1,420
244,282
Maryland
. 5,766
1,067,000
Mississippi ....
. 1,604
272,344
Missouri
3,462
664,657
North Carolina
3,654
620,513
Oklahoma ....
. 9,133
1,996,949
South Carolina
3,740
636,552
Tennessee ....
. 1,103
187,279
Texas
15,381
2,998,830
Virginia
, 6,189
1,244,093
West Virginia
37
6,282
TOTAL
.65,096
$12,250,266
area aid for segregated school districts
would be a serious financial blow to
education in the South, which has ben-
efitted substantially under the program
because of heavy concentrations of
military and other federal installations
in the region.
In the 11 years the program has been
in operation, the total federal funds
reserved for school construction under
P.L. 815 amount to $883,534,070. Of this,
the 17 Southern and border states have
been allocated $357,393,069. A Southern
School News tabulation indicates that
less than half of the latter amount—
$177,875,412—has been reserved for dis
tricts which have begun desegregation
or states operating under a general de
segregation policy.
Under P.L. 874, $202,964,825 was al
located for current school operating
expenditures in the fiscal year ending
June 30, 1961. The share for the 17
Southern and border states was $71,-
743,693, and about 57 per cent of this—
$41,114,759—went to districts which have
begun desegregation or states operating
under a general desegregation policy.
In his March 30 statement to the
House subcommittee, Ribicoff said that
the finding of “unsuitability” with re
spect to segregated schools serving
children who live on federal property
would be put off until September, 1963,
in order to allow time for setting up
schools on the installations and recruit
ing teachers. He noted, too, that the
entire “impacted areas” program is due
for Congressional review next year and
changes may be indicated.
“We would hope,” he added, “that the
districts involved would not wait until
the 1963 school year before taking con
structive action. It would be most de-
(See RIBICOFF, Page 2)
jld In This Issue
eat
j“ "late Reports
jj e Alabama 3
1( y ! Arkansas 8
as Delaware 5
sj c ! District of Columbia 19
i Florida 4
, Georgia 11
Kentucky 7
Louisiana 1
Maryland 18
er Mississippi 9
0 Missouri 14
115 North Carolina 20
a_ Oklahoma 15
South Carolina 3
ie Tennessee 1
ie , Texas 17
Virginia 16
West Virginia 9
Special Articles
Funds for Impacted Areas 1
The Region 1
I Orleans Catholic Schools 1
j U.S. Aid, State-by-State 2
Books and the Issue 2
SERS To Seek Extension 4
l c Complaints Outside South 10
11 1 Two Types of Segregation 10
it
_ Hexts
New Orleans Schools 7
i Tulane University 7
Memphis Schools 13
THE REGION
Decisions Limit
Usage of Pupil
Placement Acts
F ederal court decisions recent
ly restricted the use of the
Tennessee and Louisiana pupil
assignment laws, although the
courts did not declare the laws
unconstitutional.
Transfer provisions based on race
were upheld by federal courts in two
desegregation cases but were overruled
in two others. As a result of these de
cisions, students in Knoxville, Tenn.,
and Arlington County, Va., can transfer
from public schools where their race is
in the minority, but in New Orleans and
Chattanooga transfers can not be based
on race.
The federal court rulings on pupil as
signment followed the reasoning of
earlier decisions on the laws, but
created widespread interest since nine
Southern states have similar legislation.
Alabama, Arkansas, Florida, Louisiana,
Mississippi, North Carolina, Tennessee,
Texas and Virginia have set up pupil
placement plans.
(See PLACEMENT, Page 13)
Iennessee
Assignment Law Is Ruled
Not a Desegregation Plan
NASHVILLE
The U. S. Sixth Circuit Court
jt of Appeals ruled March 23
^at the Tennessee Pupil Assign-
^ent Law cannot serve as a plan
10 desegregate schools, and re
ined the Memphis case (North-
k° s s et al v. City of Memphis
° ar cZ of Education) to the dis-
tr ict court for further action.
llie board of education immediately
Trounced it would appeal the de-
^'on to the U. S. Supreme Court,
j^chool officials and Mayor Henry
expressed disappointment at the
which reversed an April, 1961,
^tision of U. S. District Judge Marion
^ Boyd. Judge Boyd held that the
j ar d had ended segregation when it
^titled to operate imder the provisions
, the Pupil Assignment Law (SSN—
j,' 5 -’- 1961). Subsequently, last Oct. 3,
f 0li hfegro children were admitted to
previously white schools without
incident after their applications for
transfer under the provisions of the
law had been approved by the board
(SSN, November, 1961).
However, the Cincinnati tribunal’s
decision, written by Judge Lester L.
Cecil, declared that “the Pupil Assign
ment Law might serve some purpose
in the administration of a school sys
tem, but it will not serve as a plan
to convert a biracial system into a
non-racial one.” (Throughout the
opinion, Judge Cecil used the word
“biracial” to mean “segregated.”)
Similar Decision
The appeals court ruling closely fol
lowed the reasoning of U. S. District
Judge William E. Miller of Nashville
in the Wilson County case last October.
Judge Miller held that the Pupil As
signment Law could not be used as a
desegregation plan, although it might
be used for transfers after desegrega
tion has been accomplished (SSN,
(See COURT, Page 12)
Judge J. Skelly Wright
Desegregates first six grades
Orleans Prelate
Opens Schools
To Either Race
NEW ORLEANS
rchbishop Joseph Francis
Rummel announced March
27 the abolition of segregation ef
fective at the time of registration
for the 1962-63 school session, in
the 75,000-pupil Catholic school
system of his archdiocese, which
embraces New Orleans and all or
part of 10 other Southeast Lou
isiana parishes (counties).
The archbishop made his formal an
nouncement to pastors and school of
ficials at a meeting in Notre Dame
Seminary, and
two hours later
the public was
advised of the ac
tion by Msgr.
Henry C. Bezou,
school superin
tendent.
Three days ear
lier the South
Louisiana C i t i -
zens’ Council de-
clared it had
learned of the im
pending announcement, but Catholic
officials declined comment.
. The archbishop’s directive, expected
since 1956, orders desegregation of kin-
j dergartens, elementary and high
schools. It did so without mentioning
the word “desegregation” or without
referring to Negroes or race.
“All Catholic children,” said the an-
(See PAROCHIAL, Page 6)
LOUISIANA
Court Orders New Orleans
To Desegregate Grades 1-6
NEW ORLEANS
S. Dist. Judge J. Skelly
Wright, acting on a complaint
that New Orleans public schools
were not being desegregated rap
idly enough, ordered school offi
cials April 3 to abolish segregation
in all elementary schools in Sep
tember.
His sweeping decision also ordered
the Orleans Parish school board to dis
continue use of its pupil placement
program as long as it continues to
operate a dual school system such as
the present one in which Negro and
white schools have separate district
boundaries.
Judge Wright, scheduled to leave
New Orleans shortly to assume a new
appointment to the appeals bench in
Washington, acted on the petition of
101 Negro parents who said the five-
member elected school board was not
complying with his plan for desegre
gation.
Amends Decision
The jurist agreed and, in an amend
ment to the May 16, 1960, decision in
the Bush vs. Orleans Parish School
Board case, declared:
“(A) Beginning with the opening of
schools in September, 1962, all children
entering, or presently enrolled in, the
public elementary schools of New Or
leans, grades 1 through 6, may attend
either the formerly all white public
Archbishop Joseph Rummel
Abolishes Catholic segregation
schools nearest their homes or the for
merly all negro public schools nearest
their homes, at their option.
(B) Children may be transferred
from one school to another, provided
such transfers are not based on con
siderations of race.
“(C) As long as the defendant, Or
leans parish school board, operates a
dual school system based on racial
segregation, the Louisiana Pupil Place
ment Act shall not be applied to anv
pupil.”
Placement and Race
The judge said though pupil place
ment may be valid on its face, it can
not be applied in a dual or segregated
school system. He said in this regard:
“However valid a pupil placement act
may be on its face, it may not be se
lectively applied. Moreover, where a
school system is segregated, there is
no constitutional basis whatever for
using a pupil placement law. A pupil
placement law may only be validly ap
plied in an integrated school system,
and then only where no consideration
is based on race. To assign children
to a segregated school system and then
require them to pass muster under a
pupil placement law is discrimination
in its rawest form.”
Six formerly all-white schools in
the 93,000-pupil public school system
have desegregated since November of
1960 by admitting 12 Negroes. Four of
them were admitted to first grades in
1960 and eight more to first grades in
1961 as the four initial enrollees moved
up to the second grade.
Judge Wright drafted a plan of de
segregation in 1960 when the school
board declined to do so. It said simpb-
according to the new decision April 3,
that “all children entering the first
grade may attend either the formerly
all white public schools nearest their
homes or the formerly all negro schools
nearest their homes, at their option.
There is a further provision for trans
fers not based on consideration of race.”
Had Not Complied
Judge Wright said the board had not
complied with this order of two years
ago.
“On the opening of school in Sep
tember, 1960, instead of complying with
the court’s desegregation order, the
board announced a testing program for
any first grade child electing a school
other than the one to which he would
(See NEW ORLEANS, Page 6)