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( 1 i i < I i ALABAMA SOUTHERN SCHOOL NEWS—JUNE, 1965—PAGE 9 Alabama School Boards Seek To Comply; Ignore State Requests for Delay MONTGOMERY ocal boards of education, ignoring the wishes of Gov. George C. Wallace and a legisla tive resolution (See Legislative Action) urging them not to make any more “compliance” agree ments with the Department of Health, Education and Welfare, flocked to accommodate to HEW’s directives. In general, most boards relied on a freedom-of-choice plan for four grades, leaving it to Negroes to initiate trans fer. At last count, 111 of the state’s 118 local boards had attempted, in one way or another, to comply—by signing compliance forms, submitting desegre gation plans or offering a court order. Nine systems had already begun deseg regation, either last fall or the previous fall. One of them moved voluntarily— Sheffield, which accepted without pub licity seven Negroes into previously all- white schools last fall. The others, all under court orders which included di rected extension of desegregation, are: Birmingham, Huntsville, Madison County, Gadsden, Montgomery, Macon County, Bullock County and Mobile. HEW accepted the plans of at least 13 boards, those of Dothan, Selma, Alexander City, Tallahassee, Huntsville, Colbert County, Florence, Enterprise, Russellville, Tuscumbia, Muscle Shoals, Lauderdale County and Geneva County. Some promised “total desegregation,” usually under the freedom-of-choice plan; others a four-grade beginning, in most cases also under freedom of choice. Reticence Shown Although many boards tended to be reticent about what they had agreed to or how it would be implemented, the following were known to have agreed to begin desegregation in the fall, either by “total desegregation” or by a four-grade beginning. In virtually all cases, transfer of Negro students to previously all-white schools would have to be initiated by the students’ parents or guardians. The boards in cluded: Geneva County, Auburn, Opelika, Lee County, Piedmont, Cleburne County, Talladega City and County Calhoun County, Jacksonville, Flor ence, Tuscumbia, Muscle Shoals, Pike County Sylacauga, Anniston, Autauga County, Elmore County, Troy, Escam bia County and Fort Payne—all these, and probably others which have not revealed their plans, in addition to those mentioned above as having already started desegregation or already ap proved by HEW. W. H. (Zeke) Kimbrough, Piedmont City superintendent, seemed to capsule the attitude of all the boards moving, whether swiftly or cautiously toward compliance with HEW, when he said: ‘It’s a matter of doing it and not get ting any money or doing it and getting money.” ‘Russian Roulette’ However, a federal education official said May 28 that Alabama was playing “Russian roulette” with millions of dollars in federal school aid by con tinuing to delay on school desegrega tion. Allen Lesser, director of compliance for the U.S. Office of Education, said the state is far from qualifying for its share of President Johnson’s $3.2 bil lion aid-to-education program. The deadline, he said, is June 30. Lesser conceded that Alabama could qualify for at least some of its $35,- 700 000 share for the next fiscal year even if it delayed desegregation as long as a year. But, he said, every delay past June 30 could result in a parital loss of funds. Time could very well run out on t em, he said. “Getting the money next January is not going to do them as much good as getting it this fall.” ince much of the money is designed to facilitate school construction, he add ed, it is possible that some of the funds could be irretrievably lost to the state. Because state education departments must demonstrate they will not dis burse federal funds to segregated dis tricts, Alabama is considered a prob lem. The state Board of Education re fused to sign any compliance agree- ment, although State Superintendent of Education Austin R. Meadows did. Meadows went to Washington in April (SSN, May) to discuss the problem, but the state board has refused to relent from its stand, the one taken by Gov. Wallace and, by resolution, the legislature (See Legislative Action). In essence, it is this: no compliance agreements should be made until the Bessemer suit, challenging the consti tutionality of HEW’s directives, has been tested in federal court. (See also Legal Action.) Although only a few district plans have been accepted by the govern ment, Alabama apparently was the only state—aside from technical prob lems in Alaska and Delaware—which remained unacceptable on the state level. In addition to the $35.7 million Ala bama would get under the new federal school program, about half of the $16 million pending under present govern ment assistance programs, were in jeo pardy, according to a U. S. Office of Education statement to the Birming ham News May 24. The office said that approval of desegregation plans by in dividual districts would qualify them only for money under the “impacted areas” act. Only $8,389,900 is so ear marked for Alabama school districts. Also under a cloud are some state colleges and universities, which are due to get more than $10 million under existing federal aid acts. The determin ing factor seemed to be whether the institutions were governed by autono mous boards or by the intransigent State Board of Education. State colleges at Troy, Livingston, Florence and Jack sonville are under the state board, as are the state’s network of new junior colleges and trade schools. (See In the Colleges.) Is Signature Adequate? Commissioner of Education Francis Keppel indicated that Meadows’ sign ing a compliance agreement was not an acceptable substitute for the state board’s refusal. Meadows said, how ever, that negotiations continued as to whether his signature would be suf ficient. The state board is dominated by ap pointees of Gov. Wallace, who has taken the position—and prevailed on the leg islature to take the position—that com pliance agreements should not be made until the Bessemer challenge is de cided in federal court (Legal Action and Legislative Action.) Meadows, while stating that the 1967 target date for total desegregation vio- Legislative Action After heated debate, both houses of the Alabama legislature adopted in May a resolution urging local boards of education not to make further com pliance agreements with the Depart ment of Health, Education and Welfare. In the Senate, dissenters were par ticularly vocal, complaining that Gov. George Wallace, who supported the measure, had, by various acts of de fiance, speeded up rather than slowed down desegregation in all areas of state life. The minority in both houses made some points against the governor’s rule. This was the first time the popular chief executive had been subjected to scath ing attack. Opponents of the measure, widely in terpreted as a vote of confidence in the stewardship of Gov. Wallace, expressed fear that such a declaration would in vite a statewide desegregation suit “in one fell swoop” by demonstrating leg islative control of schools. Urges No Action The resolution asked that local boards suspend further action and agreements of compliance pending the outcome of the Bessemer suit challenging the con stitutionality of the HEW directives. (See Legal Action.) One of the Senate opposition leaders, Sen. Bob Gilchrist of Hartselle, warned that if the resolution resulted in an omnibus, statewide suit, he would go over the state calling the roll of those who voted for it. Gilchrist, who had argued unsuc cessfully—with others—that the gover nor had brought more desegregation to Alabama in a shorter time than any other Southern governor, told the Sen ate that it was “flirting with disaster.” Eleven men, he said, “stood with tears in their eyes” while others “failed to listen to the voice of reasons.” lates federal civil rights laws, has urged local boards and school administrators to comply fully with the Civil Rights Act. Otherwise, he said, the state stood to lose $70,000,000 in federal school aid in the next two years. “Minimum desegregation,” Meadows told school officials in a Tuscaloosa meeting, “presently affects only grades one, seven, nine and 12. However, I think we’re stronger if we say we’ll abide by the Civil Rights Act for any grade. You are better off to go the whole way.” County superintendents at the meet ing were concerned over the abolition of dual school bus routes. While they acknowledged that these would have to be ended, they expressed hope that in this, as in desegregation of classrooms and faculties, they would be allowed some time for adjustments. ★ ★ ★ Teachers’ Pay Banned If Attendance Drops The State Board of Education di rected Negro teachers in the state to keep their students in school and away from civil rights demonstrations at the risk of salary cuts. With Gov. Wallace presiding as ex- officio chairman, the board unanimous ly adopted a resolution prohibiting the use of state funds to pay teachers and principals when attendance falls below 63 per cent of normal enrollment. The directive applies to teachers if one or more classes are affected; to principals if attendance throughout the school drops below the cutoff line. Faculty members whose students stay away from school can recover their forfeited pay only if they make up the time by holding class on Saturday or on some other day when school norm ally is not in session. Alabama law requires a school to operate at least 175 days a year to be eligible for state funds. Thus the effect of the board’s resolution means that any day when attendance is less than 63 per cent that day will not be counted toward the required minimum. State Supt. of Education Austin R. Meadows explained: “This puts re sponsibility on the teacher or principal to keep students in school.” Some teachers have been accused of encouraging school boycotts in support Sen. Ed. Horton of Limestone said: “I ask the governor to quit appealing to the worst in people and appeal to the best. I ask him to quit continually rubbing these sores.” Sen. Vaughan Hill Robison of Mont gomery said: “I make a prediction that if this resolution is passed that in the not-too-distant future we will live to see this resolution rise up and haunt us.” Lengthy Filibuster Although the minority failed to block the resolution, finally ending a lengthy filibuster, Gilchrist said the point had been made: “We have made it easier for other people to speak out against the governor when they feel he is wrong. For too long, people have been afraid to speak out. No person should ever be so loved, so popular, so power ful that people should stand in fear of criticizing him.” Later, in an interview, Gilchrist said Wallace is the most powerful Southern political figure since Huey Long. Sen. E. C. Hornsby of Tallapoosa ac cused the Wallace administration of “bluff, blunder and backdown.” Horns by charged that Wallace had “effec tively integrated this state, more than any other state south of the Mason- Dixon line.” What the state needs, Hornsby said, “is a real stand, not a grandstand.” He added that the “strat egy employed by the governor has set our state back 100 years.” He ridiculed Wallace’s entry into presidential pri maries last year: “All he proved was that an overwhelming number of peo ple in those states favored the civil rights bill.” Horton said in the long debate: “We are getting tired of these so-called ‘nigger” resolutions being thrown at us. You throw them at us and say we’ve got to pass them.” Gilchrist said the slogan of the ad- Widespread desegregation of schools this fall seemed certain in all parts of the state, although many educators doubted that masses of Negroes would apply for entrance to previously all-white schools. Some form of compliance agree ment had been filed with the U. S. Department of Health, Education and Welfare by at least 111 of Ala bama’s 118 school systems. At least 13 plans had been accepted in Wash ington. Local boards generally set up freedom-of-choice plans. An HEW spokesman said the status of federal school funds for Alabama school systems continued in doubt because of the State Board of Education’s refusal to sign any of civil rights campaigns—chiefly over voting—in Alabama’s black belt. Sponsoring the resolution was Dr. James Nettles, who lives in Wilcox County where Negro pupils have boy cotted a school at Camden. The restriction also applies when a substantial number of pupils are ab sent for part of a day. That was writ ten into the resolution after Supt. Mea dows told the board that pupils in some instances had answered the morning roll call and then left classes. In April, the legislature, in passing a school appropriations bill, voted a 10 per cent across-the-board pay raise for teachers. But the appropriation pro vided that teachers who encourage or condone mass absenteeism or who take part themselves in demonstrations are disqualified from receiving the raise. Teachers Protest The Alabama State Teachers Associ ation, a Negro organization, called the restriction unfair and asked the board to rescind its order. In a prepared statement, the association said the board is trying to “blame Negro teach ers for activities they did not start and cannot stop.” Absenteeism bothers the Association, the statement said, “even when pupils are in the cotton fields and responsible agencies remain quiet.” The group said the board had put the burden on teach ers to “halt a social revolution that is sweeping the entire world and one which the President, governors, heads of states, mayors or supervisors of ed ucation have not been able to stop.” ★ ★ ★ Twenty-seven Negroes have request ed assignment to five white Dothan city schools for 1965-66, according to a statement issued June 1 by School Supt. Sam Price Jones. ministration should not be (as it is) “Stand Up For Alabama” but “Stand Up and Rim.” Before Wallace, Gilchrist said, there were no desegregation, no demonstra tions and no trouble. But when Wallace said, in his inaugural address, that he had drawn the line in the dust, and thrown down the gauntlet with his po sition of “segregation now, segregation tomorrow, segregation forever,” Dr. Martin Luther King “picked up that gauntlet and beat our people over the head with it.” The resolution finally passed both houses, but the opposition it aroused to Gov. Wallace’s defiant posture, was in the view of observers, the bitterest in years against a popular chief executive. ★ ★ ★ Seven of Alabama’s eight U. S. rep resentatives signed an endorsement of the Alabama legislature’s resolution urging that local boards make no fur ther compliance agreements with the U. S. Office of Education pending the outcome of the Bessemer school suit. (See Legal Action.) Sen. John Sparkman said he did not sign because it would have been “a rebuff” to a majority of the state’s school boards. Sparkman, Sen. Lister Hill and Rep. Bob Jones, all Demo crats, were the only nonsigners. Sparkman said he “simply could not go against the school systems in this state.” He listed two reasons for the three men not signing: • “We did not feel that we should be asked to approve or condemn action taken by one branch of the Alabama legislature. • “The great majority of the school districts in Alabama have already sub mitted plans and we were being re quested daily to help get their plans approved.” Resolution Urges Compliance Delay Highlights compliance agreement. Gov. George C. Wallace, his posi tion unchanged, advised local school bards against making agreements with HEW until constitutionality of HEW’s compliance directives has been tested in a suit filed by the Bessemer board. The legislature joined his position by enacting a mild resolution. Major criticism of Gov. Wallace’s “defiant” stand against school de segregation mounted. The U. S. Office of Education said it was withholding federal funds from 14 state-operated colleges and junior colleges until it determines whether they still practice racial discrimination. To date, no assignments have been made. The schools were not identified. Jones said, “As in all cases, the crowded conditions of schools and the nearness to schools will determine whether applications for particular schools are approved.” Registrations of students in the city system for the 1965-66 school year was completed May 28. Forms on which parents requested transfer of their chil dren to other schools were turned in to the superintendent’s office on May 31. Jones added, “For the next several days, registration forms will be studied and parents affected by changes in registration procedures will be notified by letter.” Legal Action Full Desegregation Sought at Bessemer Five Negro parents filed suit in Birmingham U. S. District Court call ing for immediate desegregation of the Bessemer school system. Filed on behalf of 11 children, the suit requested a quick hearing and preliminary and permanent injunctions against the Bessemer Board of Educa tion from continuing a segregated sys tem. The plaintiffs said the Bessemer system violates their rights under the 14th Amendment and under Title VI of the 1964 Civil Rights Act. The suit requests an end to assign ment of students, teachers and princi pals on the basis of race, and end to school construction which would per petuate the segregated system, and a ban on funds or budgets based on racial considerations. The suit is a class action. The Bessemer board has itself filed a federal suit, challenging the consti tutionality of “compliance” directives of the Department of Health, Education and Welfare. (See Legislative Action.) Attorneys for HEW said May 14 that Bessemer would not be eligible for fed eral funds during the coming school year unless it desegregates. The pend ing suit would not change that, officials said. The Bessemer board was one of seven of Alabama’s 118 school districts which refused to sign any compliance agreement. ★ ★ ★ Montgomery, Bullock County Gradual Plans Approved Over the objection of Negroes, the U. S. District Court in Montgomery upheld in May gradual desegregation plans offered by the school boards of Montgomery and Bullock County. U. S. District Judge Frank M. John son Jr. ordered both systems to file by Jan. 15, 1966, plans for complete de segregation “within a reasonable time.” Desegregation began in both systems last fall. Under the plan approved by Johnson, the Montgomery school sys tem will desegregate grades two, seven and nine in addition to those desegre gated last fall—grades one, 10, 11 and 12. Bullock will desegregate grades seven through 12. Parents in both counties must apply for transfer of their chil dren by mid-July. The boards are to report action on the transfer requests to Johnson in August. ★ ★ ★ A three-judge panel ordered Macon County school officials to desegregate the seventh grade in September. This modification added to Macon’s plan to add the second grade to grades one, nine, 10, 11 and 12 which were de segregated last fall. The May 16 order was signed by U. S. Circuit Judge Richard T. Rives and Dis trict Judges H. H. Grooms and Frank M. Johnson Jr. Macon’s plan was filed (See COURTS, Page 11)