APPENDIXES APPENDIX I Letter of Hon. Byron G. Rogers, chairman, Special Subcommittee on Civil Rights, to Harold Howe II, U.S. Commissioner of Education. Mr. HAROLD HOWE II, U.S. Commissioner of Education, NOVEMBER 10, 1966. DEAR COMMISSIONER HOWE: On November 9, 1966, Chairman Celler of the House Committee on the Judiciary announced the appointment of a Special Subcommittee on Civil Rights to inquire into the operations of executive departments and agencies having jurisdiction under the Civil Rights Acts of 1957, 1960, and 1964, and the Voting Rights Act of 1965. In particular, the Subcommitte will devote attention to the so-called Guidelines for School Desegregation promulgated by the Office of Education to enforce the provisions of Title VI of the Civil Rights Act of 1964. I have been appointed Chairman of the Subcommittee and intend to make as full and complete an inquiry as possible. In order to facilitate our work, it would be extremely helpful if the Office of Education would furnish the following background information and statistical data: 1. A list of Federal programs administered by the Office of Education, including the amount of financial assistance authorized by each, which are subject to the provisions of Title VI of the 1964 Civil Rights Act. 2. A description of the compliance regulations promulgated by the Office of Education pursuant to Title VI. 3. A list of the school districts which are recipients of Federal assistance under programs administered by the Office of Education, including the amounts of such aid granted during and since the past fiscal year. 4. a. A list of school districts seeking Federal aid which have been found to be (1) in compliance with Office of Education regulations, and (2) not in compliance with those regulations; b. A list of school districts that have declined to seek any Federal aid under programs administered by the Office of Education; and c. A list of school districts in which Federal assistance is currently being (1) extended; (2) withheld; or (3) deferred (and for how long in each case). 5. A description of the educational and experience qualifications of personnel assigned as field representatives of the Office of Education in the enforcement of Title VI. 6. Your opinion as to the effect of the Revised Statement of Policies for School Desegregation Plans-the so-called guidelines-upon school desegregation. Recent testimony before the Committee on Rules (Policy and Guidelines for School Desegregation, Hearings before the Committee on Rules, House of Representatives, 89th Cong., 2d sess.), a copy of which I enclose, disclosed a variety of charges and criticisms of the practices of your office. Specific complaints expressed by witnesses at these hearings include, among others, the following: 1. That in North Carolina the Office of Education demanded that local school authorities transfer ". . . two whole classes out of the [Negro] high school and move them across the county to the white school, and take two white classes out of the white school and move them over to the Negro school." (Hearings, at p. 2.). 2. That in Raleigh, North Carolina your office withheld Federal funds from a school for the blind because of the school's failure to have enrolled a "certain percentage of Negroes . who are also blind." (Hearings, at p. 2.) Al 3. That in Mississippi officials of the Office of Education declared that there "must be at least 70 colored students" in a particular school. (Hearings, at p. 4.) 4. That the conduct of officials of the Office of Education operating in the States of Mississippi, Louisiana, Virginia, and North Carolina has been objectionable in various ways. (Hearings, at pp. 4, 25, 105, 108.) 5. That in Columbia, Mississippi the Office of Education improperly withheld Federal assistance and illegally attempted to influence Negro students and their parents in their school choice. (Hearings, at pp. 51-53.) 6. That in North Carolina local school officials were notified by your office "the week before classes were scheduled to begin that they must transfer whole classes from one school to another or take similar drastic steps to get more integration." (Hearings, at p. 97.) 7. That the Office of Education has improperly demanded that "State education agencies 'defer' action on applications for funds for programs authorized under Title I of the Elementary and Secondary Education Act." (Hearings, at p. 98.) 8. That in Franklinton, North Carolina, after free choice had been fully exercised, your office requested local school officials to transfer approximately 90 students from the Negro school to the white school. (Hearings, at p. 102.) 9. That in Edgecombe County, North Carolina, where freedom of choice had been exercised, the Office of Education, up to and after the opening of the school year, illegally demanded new advertising campaigns and resubmission of questionnaires in order to persuade and encourage more Negroes to attend white schools. (Hearings, at p. 104.) 10. That the Guidelines for School Desegregation Plans violate Title VI in that despite the statutory requirement that all rules, regulations or orders issued to effectuate the Title be approved by the 'President, the Guidelines have never received such approval. (Hearings, at p. 96.) 11. That officials of the Office of Education disregard the spirit of their own Guidelines by requiring the transfer of school children on the basis of race, irrespective of the wishes of students and their parents. (Hearings, at p. 97.) The Subcommittee request that you furnish detailed comments in response to each of the foregoing items. On October 11 the Committee on Rules issued a report (a copy of which I enclose) in regard to the Policies and Guidelines of the Commissioner of Education on School Desegregation. The report acknowledged the jurisdiction of the House Judiciary Committee in the subject matter and recommended that any investigation into the subject should include seven specific areas of complaint. The Subcommittee requests that you file complete and thorough replies to each of the seven subject areas described on pages 2 and 3 of the Rules Committee Report. In order to determine what further action, if any, should be taken in this matter, it is essential that the comments and information requested in this letter be furnished to the Subcommittee no later than November 30, 1966. Sincerely yours, BYRON G. ROGERS, Chairman, Special Subcommittee on Civil Rights. APPENDIX II Information provided on November 30, 1966, by Harold Howe II, U.S. Commissioner of Education, in response to letter of Hon. Byron G. Rogers, chairman, Special Subcommittee on Civil Rights. GROUP 1 INFORMATION 1. A list of Federal programs administered by the Office of Education, including the amount of financial assistance authorized by each, which are subject to the provisions of Title VI of the 1964 Civil Rights Act. Attached is the list of programs, along with the appropriation for each program for the 1966 and 1967 fiscal years. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, OFFICE OF EDUCATION Fiscal years 1966 and 1967 appropriations [In thousands of dollars, figures in parentheses indicate number of positions] Grants to States under Appalachian Regional Development Act of 1965 Grants to States and possessions under George-Barden and supplemental acts_ 159, 750 198, 225 8,000 Research and special project activities. Work-study program. Residential vocational schools. Vocational student loan assistance: Advances for insurance reserve funds. Elementary and secondary educational activities.. Assistance for educationally deprived children: Grants for special projects. Adult basic education. Higher educational activities. Grants to States for community service and continuing education programs. Student assistance: (2) Identification and encouragement of educational talent... 2,000 2,500 |