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The purpose of this part is to set forth the provisions which apply to training institutes and grants authorized under Title IV of the Civil Rights Act of 1964, 78 Stat. 241.

§ 180.2 Definitions.

(a) "Commissioner" means the Commissioner of Education.

(b) "Desegregation" means the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin, but "desegregation" shall not mean the assignment of students to public schools in order to overcome racial imbalance.

(c) "Public School" means any elementary or secondary educational institution, provided that such public school is operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or predomi

nantly from or through the use of governmental funds or property, or funds or property derived from a governmental

source.

(d) "School Board" means any agency or agencies which administer a system of one or more public schools and any other agency which is responsible for the assignment of students to or within such system.

(e) "Special educational problems occasioned by desegregation" and "problems incident to desegregation" mean those problems (other than problems uniquely related to the assignment of students to public schools in order to overcome racial imbalance) arising from the assignment of students to and within public schools without regard to differences in their race, color, religion, or national origin.

(f) Attendance at an institute on a "full-time basis" means attendance at the institute in accordance with the policies and regulations regarding attendance in effect at the institution at which the individual is enrolled, as set forth in the institution's arrangement with the Commissioner.

(g) An "Institute Day" means each day of a program of an institute which is scheduled to provide at least five hours of training.

Subpart B-Training Institutes

§ 180.11

The

Arrangements with institution. Commissioner will arrange, through grants or contracts, with institutions of higher education for the operation of short-term or regular session institutes for special training designed to improve the ability of teachers, supervisors, counselors, and other elementary or secondary school personnel to deal effectively with special educational problems occasioned by desegregation.

§ 180.12 Stipends other than travel allowances.

An individual who attends an institute on a full-time basis shall be paid a stipend of $15 for each institute day of attendance up to $75 per week. In the event that participation in an institute is interrupted or is terminated prior to completion of the institute program, stipend payment shall be made to the individual for such period as he was in attendance on a full-time basis.

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(a) An individual who attends an institute on a full-time basis may be provided travel, or an allowance for his actual cost of travel, from place of residence or employment to place of the institute, and from place of the institute to his place of residence or employment, as set forth in the institution's arrangement with the Commissioner, but not to exceed nine cents per mile. The allowance for travel in the case of travel by private automobile shall be at the rate of nine cents per mile. In the case of joint travel by private automobile by a group of participants, travel allowances shall be payable only to one of such participants, but without reduction on account of contribution to him by the other participants.

(b) In addition to the limitations of paragraph (a) of this section, when air, rail, or steamship transportation is used, first-class accommodations or an allowance therefor may be provided only where first-class accommodations are the only class of service for the most direct travel route, or where less than first-class accommodations result or would result in greater cost than first-class accommodations.

(c) In the event that an individual's participation in an institute is terminated prior to his completion of the institute program, travel or an allowance therefor, from place of the institute to his place of residence or employment may be provided only if such termination is occasioned by extraordinary circumstances not reasonably within the control of the individual.

Subpart C-Grants to School Boards § 180.21

Applications.

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Assignment to school in zone of residence.

181.31

181.32

181.33

181.34

181.35

Notice. Reports.

Subpart D-Additional Requirements for Voluntary Desegregation Plans Based on Free Choice of Schools

General.

Who may exercise choice.

181.41

181.42

181.43

181.44

Annual mandatory exercise of choice. Choice period.

181.45

Failure to exercise choice.

181.46

Letters to parents, notices, and

choice forms.

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With the Revised Statement of Policles for School Desegregation Plans under Title VI of the Civil Rights Act of 1964 (HEW 441-B).

Attachment 2-Text for Notice to be Pub

lished in Newspapers, Distributed with Letters to Parents, and Otherwise Made Freely Available to the Public (Required by § 181.34). Attachment 3-Text for Annual Letter to Parents for Use During 30-Day Spring Choice Period (Required by § 181.46).

Attachment 4-Text for Letter to Parents for Use After 30-Day Spring Choice Period (Required by § 181.46). Attachment 5-Text for Notice to be Published in Newspapers, Distributed With Letters to Parents, and Otherwise Made Freely Available to the Public (Required by §§ 181.46 and 181.53).

Attachment 6-Text for Choice of School Form (Required by § 181.46). Attachment 7-Text of Paragraph to be

Added to End of Notice Published in Newspapers, Distributed With Letters to Parents, and Otherwise Made Freely Available to the Public By a School System Not Desegregating All Grades (Required by § 181.74). Attachment 8 Text for Annual Letter to

Parents for Use During 30-Day Spring Choice Period (Required by § 181.74). Attachment 9-Text for Letter to Parents for

Use After 30-Day Spring Choice Period (Required by § 181.74). Attachment 10-Text for Letter to Parents of Students in Grades Not Yet Reached by. Plan (Required by § 181.74)..

Attachment 11-Text of Transfer Applica tion Form (Required by § 181.74). AUTHORITY: The provisions of this Part 181 issued under sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1; 45 CFR 80.4 (c).

SOURCE: The provisions of this Part 181 appear at 31 F.R. 5623, April 9, 1966, unless otherwise noted.

Subpart A-Applicability of this
Statement of Policies

§ 181.1 Title VI and the HEW Regulation.

(a) Section 601 of Title VI of the Civil Rights Act of 1964 provides that:

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

(b) As required by section 602 of Title VI, the Department of Health, Education, and Welfare has issued a Regulation to assure the elimination of discrimination in Federal aid programs it administers. The HEW Regulation was published as Part 80 of this title (45 CFR Part 80).

§ 181.2 Compliance by school systems eliminating dual school structure.

To be eligible for Federal aid, a school system must act to eliminate any practices in violation of Title VI, including the continued maintenance of a dual structure of separate schools for students of different races. The HEW Regulation recognizes two methods of meeting this requirement:

(a) a desegregation order of a Federal court; or

(b) a voluntary desegregation plan. § 181.3 Purpose of this statement of policies.

This Statement of Policies applies to public elementary and secondary school systems undergoing desegregation to eliminate a dual school structure. It sets forth the requirements which voluntary desegregation plans must meet for the Commissioner to determine under the HEW Regulation that a plan is adequate to accomplish the purposes of Title VI. This Statement supersedes the "General Statement of Policies Under Title VI of the Civil Rights Act of 1964 Respecting Desegregation of Elementary and Secondary Schools," issued in April 1965 and published as 45 CFR Part 181.

§ 181.4 Initial demonstration of com. pliance.

To be eligible for Federal aid, a school system must first assure the Commissioner that it will comply with Title VI and the HEW Regulation. It must submit the form of assurance that meets its circumstances, under §§ 181.5, 181.6, or 181.7 below.

§ 181.5 Systems without dual school

structure.

(a) Submission of Form HEW-441. A school system which does not maintain any characteristic of a dual school structure may initially demonstrate compliance by submitting Form HEW-441. This (HEW-441) is an assurance of full and immediate compliance with Title VI.

(b) Resubmission not required. A school system which has appropriately submitted Form HEW-441 need not submit a new copy with subsequent requests for Federal aid, but need only affirm when requested that the assurance submitted continues in effect.

(c) Supplementation of assurance. The Commissioner may require supplementation of Form HEW-441 when he has reasonable cause to believe that there is a failure to comply with any provision of Title VI or the HEW Regulation. § 181.6 Systems under Federal court order for desegregation.

(a) Submission of order. A school system under a Federal court desegregation order which meets the requirements of the HEW Regulation may submit, as evidence of compliance with Title VI, a copy of the court order, together with an assurance that it will comply with the order, including any future modification.

(b) Resubmission not required. A school system under a court order accepted by the Commissioner need not submit another copy, but must submit any modification not previously submitted.

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regation plan must provide an assurance that it will abide by the applicable requirements for such plans contained in this Statement of Policies. Such assur

ance may be given by submitting Form HEW-441-B to the Commissioner (Attachment 1). After April 15, 1966, commitments of funds for new activities will be subject to deferral for school systems which have failed to submit Form HEW441-B.

(b) Changing type of plan. A school system may change from one type of desegregation plan to another if such action would eliminate segregation and all other forms of discrimination more expeditiously. A school system planning to change the type of its plan must submit a new plan meeting the requirements of this Statement of Policies, together with Form HEW-441-B, for a determination by the Commissioner as to the adequacy of the plan to accomplish the purposes of Title VI.

(c) Retaining present type of plan. A school system with a desegregation plan accepted by the Commissioner need not resubmit its plan if it intends to continue under the same type of plan. If a plan accepted by the Commissioner fails to meet any requirement under this Statement of Policies, the submission of Form HEW-441-B will be deemed to amend the plan so that it will meet such requirement. Amendments to the plan are not to be submitted unless requested. However, certain supporting materials must be submitted, as provided in Subparts B, C, D, and F of this part.

(d) Initial submittal of plans. If no desegregation plan has been submitted or accepted for a school system, Form HEW-441-B and a plan meeting the requirements of this Statement of Policies must be submitted.

Subpart B-Basic Requirements for All Voluntary Desegregation Plans 181.11 Various types of desegregation

plans.

It is the responsibility of a school system to adopt and implement a desegregation plan which will eliminate the dual school system and all other forms of discrimination as expeditiously as possible. No single type of plan is appropriate for all school systems. In some cases, the most expeditious means of desegregation is to close the schools originally established for students of one race, particularly where they are small and inade

quate, and to assign all the students and teachers to desegregated schools. Another appropriate method is to reorganize the grade structure of schools originally established for students of different races so that these schools are fully utilized, on a desegregated basis, although each school contains fewer grades. In some cases desegregation is accomplished by the establishment of non-racial attendance zones. Under certain conditions, a plan based on free choice of school may be a way to undertake desegregation. In certain cases the purposes of Title VI may be most expeditiously accomplished by a plan applying two or more of the foregoing procedures to certain schools or different grade levels. Based on consideration of all the circumstances of a particular school system, the Commissioner may determine that its desegregation plan is not adequate to accomplish the purposes of Title VI, in which case he may require the adoption of an alternative plan. In any case where the State education agency is pursuing policies and programs for expediting the elimination of the dual school structure, the Commissioner will consider this factor in determining whether a particular type of plan is adequate for any given school system in such State.

§ 181.12 Student assignment practices.

Title VI precludes a school system from any action or inaction designed to perpetuate or promote segregation or any other form of discrimination, or to limit desegregation or maintain what is essentially a dual school structure. Any educational opportunity offered by a school system must be available to students without regard to race, color, or national origin. In particular, any academic tests or other procedures used in assigning students to schools, grades, classrooms, sections, courses of study or for any other purpose must be applied uniformly to all students without regard to race, color, or national origin. Curriculum, credit and promotion procedures must not be applied in such a way as to penalize or hamper students who transfer from one school to another pursuant to a desegregation plan.

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mining whether students are subjected to discrimination in educational programs. Each school system is responsible for correcting the effects of all past discriminatory practices in the assignment of teachers and other professional staff.

(b) New assignments. Race, color, or national origin may not be a factor in the hiring or assignment to schools or within schools of teachers and other professional staff, including student teachers and staff serving two or more schools, except to correct the effects of past discriminatory assignments.

(c) Dismissals. Teachers and other professional staff may not be dismissed, demoted, or passed over for retention, promotion, or rehiring, on the ground of race, color, or national origin. In any instance where one or more teachers or other professional staff members are to be displaced as a result of desegregation, no staff vacancy in the school system may be filled through recruitment from outside the system unless the school officials can show that no such displaced staff member is qualified to fill the vacancy. If as a result of desegregation, there is to be a reduction in the total professional staff of the school system, the qualifications of all staff members in the system must be evaluated in selecting the staff members to be released.

(d) Past assignments. The pattern of assignment of teachers and other professional staff among the various schools of a system may not be such that schools are identifiable as intended for students of a particular race, color, or national origin, or such that teachers or other professional staff of a particular race are concentrated in those schools where all, or the majority, of the students are of that race. Each school system has a positive duty to make staff assignments and reassignments necessary to eliminate past discriminatory assignment patterns. Staff desegregation for the 1966-67 school year must include significant progress beyond what was accomplished for the 1965-66 school year in the desegregation of teachers assigned to schools on a regular full-time basis. Patterns of staff assignment to initiate staff desegregation might include, for example: (1) Some desegregation of professional staff in each school in the system, (2) the assignment of a significant portion of the professional staff of each race to particular schools in the system where their race is a minority and where special staff training programs are

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