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PAGE 10—MAY, 1965—SOUTHERN SCHOOL NEWS
VIRGINIA
Fourth Circuit Court
(Continued from Page I)
trict court, if it wishes to do so, to
defer inquiring into teacher assign
ments and other “supplemental meas
ures” until the effect and sufficiency of
pupil desegregation plans can be de
termined.
“When all direct discrimination in the
assignment of pupils has been elimi
nated, assignment of teachers may be
expected to follow the racial patterns
established in the schools,” the court
said.
Say Time Will Tell
Concurring in part and dissenting in
part, Judges Simon E. Sobeloff and J.
Spencer Bell went along with the ma-
joritv 1 * finding that the Richmond plan
is not discriminatory, but they termed
the plan “an experiment” and said that
time alone will tell whether the plan
is completely nondiseriminatory.
They also said that “the initiative in
achieving desegregation of the public
schools must come from the school
authorities.”
“While we join in permitting this ex
periment,” Judges Sobeloff and Bell
wrote, “we are not fully persuaded that
the plan will be enough to enable the
Negro pupils to extricate themselves
from the segregation which has long
been firmly established and resolutely
maintained in Richmond. A procedure
which might well succeed under sym
pathetic administration could prove
woefully inadequate in an antagonistic
environment”
Judges Sobeloff and Bell disagreed
with the majority as to faculty deseg
regation in Richmond. They said the
faculty segregation issue raised by the
plaintiffs should be heard and “should
not remain in limbo indefinitely.”
They added:
“There is no legal reason why deseg
regation of faculties and student bodies
may not proceed simultaneously.”
★ ★ ★
Plaintiffs Criticized
Hopewell Zoning Plan
In the Hopewell case, the plaintiffs
did not contend (except in one in
stance) that school zone lines were im
properly drawn. They contended, ra
ther, that the geographic zoning re
sulted in a large measure of de facto
segregation.
But the court said in its opinion:
“The constitution does not require
the abandonment of neighborhood
schools and the transportation of pupils
from one area to another solely for
the purpose of mixing the races in the
schools.”
As to the plaintiffs’ contention that
the federal district court did not order
a general reassignment of teachers and
administrative personnel on a non-
racial basis, the circuit court said there
had been no inquiry into that matter
in the district court, and that the
lower court’s failure to enter the re
quested order was justified.
Judges Sobeloff and Bell, in a sep
arate concurring opinion, said, in part:
“The neighborhood school concept is
a legitimate one, and insofar as zone
boundaries are drawn without racial
discrimination along natural geographi
cal lines we agree that they may be
accepted as valid. We are conscious,
however, that the size and location of
a school building may determine the
character of the neighborhood it serves.
In applying the neighborhood school
concept, the school board, therefore,
must keep in mind its paramount duty
to afford equal educational opportunity
to all children without discrimination;
otherwise school building plans may be
employed to perpetuate and promote
segregation.”
★ ★ ★
Testimony Begins in Case
Involving District Lines
U.S. District Judge Oren R. Lewis
began hearing testimony at Alexandria
April 21 in a suit in which 24 white
children and their parents are seeking
to block the proposed realignment of
three Arlington County school districts.
The suit was filed April 12. (Wanner v.
County School Board of Arlington
County.)
The school board proposes to remove
eighth- and ninth-graders from the all-
Negro Hoffman-Boston School and to
reassign them to two predominantly
white schools, while Hoffman-Boston
would become a school for seventh-
graders of both races. Negro organiza
tions have endorsed the plan.
School Supt. Ray E. Reid testified at
the hearing that the new boundaries
were drawn to establish two school
districts with enrollments sufficient to
Louisiana
(Continued from Page 5)
Charles, St. Helena, St. James, St. John
the Baptist, St. Martin, St. Mary, Tan
gipahoa, Tensas, Vermillion, Vernon,
West Feliciana, Winn, and the city sys
tems of Lake Charles and Bogalusa.
Price Reduced
Caddo Parish School Board, one of
those not signing the amended contract,
on April 14 reduced the price of school
lunches by five cents. Henceforth the
prices will be 10 cents for elementary
school pupils, 15 cents for junior and
senior high-school students and 30
cents for teachers.
T. Haller Jackson Jr., chairman of
the board’s finance committee, said the
board saw no reason to amend its con
tract with the agriculture department,
had never been officially requested to
revise its contract and expected to suf
fer no loss of funds.
During the current year, Caddo re
ceived $280,000 for the lunch program
and $32,000 for school milk, plus food
and commodities. The district expects
to receive some $350,000 next year.
The Rapides Parish School Board,
one of those which did sign, attached
a four-point statement of protest to its
revised contract. The board said it “has
always been fair with the people in
Rapides Parish when it comes to the
lunchroom program; to eliminate dis
crimination altogether would cut out
some students in the lower economic
classes.
“We believe this to be a face-saving
device by the department since they
first went beyond their bounds, and we
protest because we despise the dicta
torial aspects of the bureaucrats of our
federal government.”
★ ★ ★
The Orleans Principals Association,
comprising administrators of local Ne
gro public schools, pressed the Orleans
Parish School Board for a decision be
fore May 6 on a request for desegre
gation of in-service meetings sponsored
by the school district.
The principals initiated the request
March 22, asking an end of discrimina
tion in activities such as the in-service
training, assignment of personnel and
use of school facilities.
The principals on April 26 urged the
board to reach a decision before the
May 6 in-service session for Negro
principals on mathematics. However,
the board said it would wait for a
report from the administrative staff be
fore deciding.
Supt. O. Perry Walker reported that
the staff, because of the press of other
matters, had not completed its study of
the request, but would offer its recom
mendation on May 10.
★ ★ ★
Five Louisiana communities laid
plans for participating in “Operation
Headstart,” a pre-school training pro
gram for disadvantaged children under
the federal economic opportunities pro
gram.
In New Orleans, a $173,960 grant was
requested to mount an eight-week
summer training program for 1,000
children from low income families who
will begin school in the fall.
Similar programs will be undertaken
in Lafayette, St. Landry, St. Martin and
Avoylles parishes.
★ ★ ★
In other school activities:
The Louisiana Parent-Teachers As
sociation board of managers on April
24 rescinded an executive committee
policy barring desegregated schools
from PTA membership. The association,
meeting in its 42nd annual convention,
previously adopted resolutions seeking
an end of the state’s grant-in-aid pro
gram which provides tuition to children
enrolled in nonsectarian private schools
and opposing federal aid to education
that entails federal control.
The Calcasieu Parish School Board,
which is planning court-ordered deseg
regation for the fall, on April 10 desig
nated the Marion Elementary School
for use by Negro pupils next year to
replace the Washington High School,
which Negro parents protested to be
“inadequate.”
Upholds Neighborhood Schools
Virginia Highlights
The U.S. Fourth Circuit Court of
Appeals ruled that local school
boards are under no constitutional
obligation to take affirmative action
to put Negroes in schools with
whites.
State and local officials held a se
ries of conferences seeking ways to
assure that Virginia will not lose
approximately $64 million in federal
school funds during the fiscal year
beginning July 1.
Virginia’s State Pupil Placement
Board appeared to be in jeopardy as
a result of the implementation of the
Civil Rights Act of 1964.
The Prince Edward County Board
of Supervisors was cleared of the
charge that it acted in contempt of
court in issuing tuition grants last
August.
make possible the full junior-high
program and to improve instructional
opportunities.
The plaintiffs contend, among other
things, that the plan would remove
the seventh-graders of the new Thomas
Jefferson Junior High School to the
Hoffman-Boston School, thus separating
them from the eighth- and ninth-grad
ers at Thomas Jefferson, and that this
would exclude the seventh-graders
from the “school-wide functions of a
junior high school.”
Testimony in the case will be re
sumed May 19.
★ ★ ★
Negroes filed two more suits in the
series aimed at forcing local school
boards to take the initiative to achieve
complete desegregation in both student
bodies and faculties.
One suit, against the Fauquier
County School Board, was filed in the
federal district court at Alexandria
April 9. A similar suit, against the
Portsmouth School Board, was filed
April 16 in the federal district court at
Norfolk.
Schoolmen
Officials Seek Ways
For Federal Funds
To Be Assured
State and local officials held a series
of conferences among themselves, and
some with federal representatives, in
an effort to find ways in which Vir
ginia localities could be assured that
they would not lose federal school aid
funds under the Civil Rights Act of
1964.
At stake was about $64.2 million that
the schools are due to receive during
the fiscal year beginning July 1.
The state government’s effort was led
by William C. Battle, former United
States Ambassador to Australia, and
his brother, John
S. Battle Jr., at
torneys, who were
employed for the
purpose. The Bat
tles are sons of
former Gov. John
S. Battle. William
Battle was desig
nated a special
assistant attorney
general.
About 35 school
superintendents, meeting in Richmond
April 21, were told by William Battle
and Edward A. Meams Jr., associate
dean of law at the University of Vir
ginia and consultant to the U.S. De
partment of Health, Education and
Welfare, that a pledge of compliance
(Form 441) with the Civil Rights Act
would not be enough to assure receipt
of federal school funds.
Foresees Difficulty
The superintendents were told that
they would also have to file court
desegregation orders or detailed plans
for ending all racial discrimination.
Battle told newsmen after the school
officials’ conference that “it’s going to
be very difficult for some of the Vir
ginia counties to meet these require
ments in the near future.”
By the end of April, all but two of
Virginia’s 130 school districts had
notified the State Board of Education
that they had submitted assurances
of compliance or court desegregation
orders to HEW. The two were Amelia
and Greensville Counties.
Greensville Acts
Greenville school officials revealed
April 30 that they had adopted a free-
dom-of-choice assignment plan and had
voted to withdraw from the State Pu
pil Placement Board’s jurisdiction in
moves to comply with Civil Rights Act
requirements.
Supt. Andrew G. Wright explained
that the school board did not sign the
compliance form because it was not
eligible to do so, according to the in
structions accompanying the form.
Greensville’s action left Amelia
County the only district in Virginia
that had not taken action of some kind
to comply with the Civil Rights Act.
The Amelia school board discussed the
matter at a meeting April 29 but took
no action. Six Negroes were admitted
to a white school in Amelia last Sep
tember.
Only four districts had been ap
proved by HEW. They were the coun
ties of Craig and Buchanan and the
City of Colonial Heights, on the basis of
Forms 441, and the county of Fairfax,
on the basis of Form 441 and a desegre
gation plan.
★ ★ ★
Placement Board’s Future
Clouded by Withdrawals
The future of Virginia’s Pupil Place
ment Board appeared uncertain, as five
more localities withdrew from its juris
diction.
The five were Virginia Beach,
and Greensville counties. The Buena
Vista School Board also voted to re
move itself from the state board’s con
trol.
W. C. BATTLE
Altogether, nine Virginia localities
have taken themselves out from under
the board, as they are authorized to
do by state law. The five which pre-
viously had withdrawn were Roanoke
Lynchburg, Falls Church and the
counties of Arlington and Fairfax.
News stories in Virginia papers said
some of the school divisions were re-
ported to have decided to get from un
der the placement board’s control as a
result of pressure from the U. S. De
partment of Health, Education and
Welfare (HEW).
Speculation Cited
The stories said there was specula
tion that the federal representatives
had suggested to some localities that
they might lose federal school aid un
less they withdrew from the board’s
jurisdiction.
However, Allen Lesser, director ol
the federal assistance program staff of
the U. S. Office of Education of HEW,
said that agency had not told localities
to exclude themselves from the board.
On the other hand, William C. Battle,
special assistant Virginia attorney gen
eral working on the school problem,
said, “Washington looks on the place
ment board as an immediate means
to evade the United States Supreme
Court decisions” on school desegrega
tion. He added, “I don’t think Washing
ton knows what the placement board
is about.”
Gov. Albertis Harrison, in response to
a question at his regular news confer
ence April 16, said he would recom
mend abolition of the placement board
if school divisions withdraw from the
agency in such numbers as to render
it useless.
‘No Personal Knowledge’
He said he had “no personal knowl
edge that the federal government is
pressuring Virginia localities to get
out.” He added
that the localities
which have with
drawn from the
board’s jurisdic
tion recently ap
parently did so
because they felt
they could imple
ment federal aid
plans better if
they made their
own school as-
harrison signments.
Asked whether he felt the board was
worth the annual cost of about $80,000.
the governor replied that “the General
Assembly seemed to think it was.
The Pupil Placement Board was cre
ated to remove assignment powers
from the localities and to prevent mas
sive desegregation. Later, however,
localities were permitted to withdraw
if they wished, and the board apP ar "
ently began approving routinely th e
applications of Negroes to transfer t°
white or predominantly white schoo
when such assignments were not a
variance with valid nondiseriminatory
local school regulations.
(See VIRGINIA, Page 11)
Prince Edward County
Board’s Grants Payments Held Legal
Federal District Judge Oren R. Lewis
ruled April 23 that the Prince Edward
County Board of Supervisors acted
perhaps improperly but not illegally in
authorizing the payment of $180,000 in
tuition grants on the night of Aug. 4-5,
1964. (Griffin v. School Board of Prince
Edward County.)
Lawyers representing Negro plain
tiffs had contended that the board’s
“midnight raid” on the county treas
ury violated an order entered by Judge
Lewis on July 9, 1964. They asked that
the supervisors be found in contempt
of court.
The final say on the contempt issue
may come from the U. S. Fourth
Circuit Court of Appeals. That tribunal
had asked Judge Lewis to take testi
mony on the facts in the matter.
At the conclusion of the hearing in
the district court, Judge Lewis said he
did not doubt that the supervisors acted
hastily to authorize the tuition grants
“in order to beat the gun” on the
probability that the Fourth Circuit
Court would prohibit the action. But he
said no injunction had actually been
issued by the Circuit Court at the
time. He held that the board’s action
did not violate his own order of July
9, 1964, against retroactive payment of
tuition grants.
At the April 23 hearing, Judge Lewis
directed the county school board to
amend its desegregation plan to pro
vide that it will be solely responsible
for the assignment of children, and to
name the schools it intends to operate
in 1965-66. The board’s plan had called
for the State Pupil Placement Board
to make the assignments.
Other Developments
In other Prince Edward develop
ments:
• Citizens for Public Education
mailed letters to the county’s white
parents April 5 suggesting that some
whites could return to the public
schools in the fall without “massive
integration” resulting. CPE said this
could be done by having all the whites
attend one of the schools not operating
this year.
• Several projects have been an
nounced wherein groups will go to the
county this summer to provide remedial
education for Negro children. An
nouncement was made April 22 that
about 50 college students f rom $
stitutions throughout Virginia,
perhaps some from outside S rtp’’
would conduct “Operation Catch
beginning in June. _
• A group of 34 University of ^
consin students began their ° r0 j
Understanding” visit to Virginia
North Carolina April 17 with a a
in Prince Edward. John C. Stec >
member of the Board of Superv^y
spoke to the group in the co
courtroom, explaining the b° arcl f t er,
sition in the segregation dispute. ^
the group heard from the
Francis Griffin, local Negro m
and state NAACP president, an j.
Carl F. Walters Jr. of Hampden-w
ney College, president of Citize
Public Education. ■‘prin ce
• After hearing plans for a
Edward Project” to be conduc e ^ eB ts
about 12 Presbyterian college s u
this summer, a group of eld er ^, oUI it>'
Presbyterian churches of the ^
voted to ask that the P T °l eC ^ e ^o
abandoned. But the white and
youths still plan to conduct t . e enS bip
cational, recreational and clt
project.