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propriate, the Commissioner determines nantly from or through the use of govthat any of the funds advanced pursuant ernmental funds or property, or funds or to this subpart are no longer required to property derived from a governmental maintain an adequate reserve, he may source. require that such funds be returned to (d) “School Board" means any agency the Federal Government or made avail or agencies which administer a system able to some other guarantee agency of one or more public schools and any within the State; and
other agency which is responsible for (c) Such other provision as the Com the assignment of students to or within missioner finds necessary to protect the such system. interests of the United States and pro (e) "Special educational problems ocmote the purposes of the Act.
casioned by desegregation” and “prob
lems incident to desegregation" mean PART 180_DESEGREGATION OF those problems (other than problems PUBLIC EDUCATION
uniquely related to the assignment of
students to public schools in order to Subpart A-General Provisions
overcome racial imbalance) arising from Sec.
the assignment of students to and within 180.1 Purpose. 180.2 Definitions.
public schools without regard to differ
ences in their race, color, religion, or Subpart B— Training Institutes
national origin. 180.11 Arrangements with institution.
(f) Attendance at an institute on a 180.12 Stipends other than travel allow "full-time basis" means attendance at ances.
the institute in accordance with the pol180.13 Travel allowances.
icies and regulations regarding attendSubpart C-Grants to School Boards
ance in effect at the institution at which 180.21 Applications.
the individual is enrolled, as set forth in 180.22 Determinations by Commissioner.
the institution's arrangement with the
Commissioner. AUTHORITY: The provisions of this Part 180
(g) An "Institute Day" means each are issued under secs. 401, 404, and 405, 78 Stat. 241, 246, 247; 42 U.S.C. 2000c, 2000c-3,
day of a program of an institute which 2000c-4.
is scheduled to provide at least five hours
of training. SOURCE: The provisions of this Part 180 appear at 30 F.R. 4359, Apr. 3, 1965, unless
Subpart B-Training Institutes otherwise noted. Subpart A-General Provisions
§ 180.11 Arrangements with institution.
The Commissioner will $ 180.1
through grants or contracts, with inThe purpose of this part is to set forth stitutions of higher education for the the provisions which apply to training operation of short-term or regular sesinstitutes and grants authorized under sion institutes for special training deTitle ly of the Civil Rights Act of 1964, signed to improve the ability of teachers, 78 Stat. 241.
supervisors, counselors, and other ele§ 180.2 Definitions.
mentary or secondary school personnel
to deal effectively with special educa(a) “Commissioner" means the Com
tional problems occasioned by desegregamissioner of Education.
tion. (b) "Desegregation" means the assignment of students to public schools § 180.12 Stipends other than travel aland within such schools without regard lowances. to their race, color, religion, or national
An individual who attends an institute origin, but "desegregation" shall not mean the assignment of students to
on a full-time basis shall be paid a stipublic schools in order to overcome racial
pend of $15 for each institute day of atimbalance.
tendance up to $75 per week. In the (c) “Public School" means any ele event that participation in an institute mentary or secondary educational insti is interrupted or is terminated prior to tution, provided that such public school completion of the institute program, stiis operated by a State, subdivision of a pend payment shall be made to the inState, or governmental agency within a dividual for such period as he was in State, or operated wholly or predomi attendance on a full-time basis.
$ 180.13 Travel allowances.
which are pending before him; the finan(a) An individual who attends an in
cial condition of the applicant and the stitute on a full-time basis may be pro
other resources available to it; the navided travel, or an allowance for his
ture, extent, and gravity of its problems actual cost of travel, from place of resi
incident to desegregation; and such dence or employment to place of the
other factors as he finds relevant. institute, and from place of the institute to his place of residence or employment,
PART 181-STATEMENT OF POLICIES as set forth in the institution's arrange FOR SCHOOL DESEGREGATION ment with the Commissioner, but not to PLANS UNDER TITLE VI OF THE exceed nine cents per mile. The allow
CIVIL RIGHTS ACT OF 1964 ance for travel in the case of travel by private automobile shall be at the rate Subpart A-Applicability of this statement of of nine cents per mile. In the case of
Sec. joint travel by private automobile by a
181.1 Title VI and the HEW Regulation. group of participants, travel allowances
181.2 Compliance by school systems elimi. shall be payable only to one of such par
nating dual school structure. ticipants, but without reduction on ac
181.3 Purpose of this Statement of Policies. count of contribution to him by the other 181.4 Initial demonstration of compliance. participants.
181.5 Systems without dual school struc(b) In addition to the limitations of
ture. paragraph (a) of this section, when air,
181.6 Systems under Federal court order rail, or steamship transportation is used,
181.7 first-class accommodations or an allow
Systems with voluntary desegrega
tion plans. ance therefor may be provided only where first-class accommodations are the Subpart B-Basic Requirements for all Voluntary only class of service for the most direct
Desegregation Plans travel route, or where less than first-class 181.11 Various types of desegregation plans. accommodations result or would result in 181.12 Student assignment practices. greater cost than first-class accommoda 181.13 Faculty and staff. tions.
181.14 Services, facilities, activities, and (c) In the event that an individual's
181.15 Unequal educational programs and participation in an institute is terminated
facilities. prior to his completion of the institute
181.16 Attendance outside school system of program, travel or an allowance therefor,
residence. from place of the institute to his place 181.17 Official support for desegregation of residence or employment may be pro
plan. vided only if such termination is oc
181.18 Reports. casioned by extraordinary circumstances
181.19 Records. not reasonably within the control of the
Subpart (-Additional Requirements for Volunindividual.
tary Desegregation Plans Based on Geographic
Attendance Zones Subpart C-Grants to School Boards
181.31 General. § 180.21 Applications.
181.32 Attendance zones. School boards may apply to the Com
181.33 Assignment to school in zone of resi
dence. missioner for grants to pay, in whole or
181.34 Notice. in part, the cost of: (a) Giving to teach
181.35 Reports. ers and other public school personnel inservice training in dealing with problems Subpart D-Additional Requirements for Volunincident to desegregation, and (b) em tary Desegregation Plans Based on Free Choice
of Schools ploying specialists to advise in problems incident to desegregation.
181.42 Who may exercise choice. $ 180.22 Determinations by Commis 181.43 Annual mandatory exercise of choice. sioner.
181.44 Choice period.
181.45 Failure to exercise choice, In determining whether to make a
181.46 Letters to parents, notices, and grant and in fixing the amount thereof
choice forms. and the terms and conditions on which 181.47 Prospective students. It will be made, the Commissioner will 181.48 ! Choice may not be changed. take into consideration the amount avail 181.49 Assignment according to choice able for grants and the other applications 181.50. Transfers for special needs. . )
Attachment 11-Text of Transfer Applica181.51 No limitation of choice; transpor
tion Form (Required by $ 181.74). tation, 181.52 Officials not to influence choice.
AUTHORITY: The provisions of this Part 181
issued under sec, 602, 78 Stat. 252; 42 U.S.C. 181.53 Public notice.
2000d-1; 45 CFR 80.4(c). 181.54 Requirements for effectiveness of free choice plans.
SOURCE: The provisions of this part 181 181.55 Reports.
appear at 31 F.R. 5623, April 9, 1966, unless
otherwise noted. Subpart Miscellaneous Provisions 181.61 How to submit reports.
Subpart A-Applicability of this 181.62 Alternative administrative proce
Statement of Policies dures. 181.63 Revision of statement of policies.
$ 181.1 Title VI and the HEW Regula181.64 Copies of documents for State
(a) Section 601 of Title VI of the 181.65 Choice period already begun.
Civil Rights Act of 1964 provides that: 181.66 Definitions.
No person in the United States shall, on Subpart Desegregation Plans not Reaching all the ground of race, color, or national origin, Grades for the 1966–67 School Year
be excluded from participation in, be denied
the benefits of, or be subjected to discrimi. 181.71 Opportunity to transfer in grades not
nation under any program or activity rereacheá by plan.
ceiving Federal financial assistance. 181.72 Students new to the system. 181.73 General provisions applicable.
(b) As required by section 602 of Title 181.74 Notice.
VI, the Department of Health, Education, 181.75 Processing of transfer applications.
and Welfare has issued a Regulation to 181.76 Reports and records.
assure the elimination of discrimination Attachment 1--Assurance of compliance With the Revised Statement of Poll.
in Federal aid programs It administers. cies for School Desegregation Plans
The HEW Regulation was published as under Title VI of the Civil Rights Act Part 80 of this title (45 CFR Part 80).
of 1964 (HEW 441-B). Attachment 2-Text for Notice to be Pub
$ 181.2 Compliance by school systems lished in Newspapers, Distributed eliminating dual school structure. with Letters to Parents, and Otherwise Made Freely Available to the
To be eligible for Federal aid, a school Public (Required by $ 181.34).
system must act to eliminate any pracAttachment 3—Text for Annual Letter to tices in violation of Title VI, including
Parents for Use During 30-Day the continued maintenance of a dual Spring Choice Period (Required by structure of separate schools for stu$ 181,46).
dents of different races. The HEW Attachment 4Text for Letter to Parents
Regulation recognizes two methods of for Use After 30-Day Spring Choice
meeting this requirement: Period (Required by $ 181.46). Attachment 5—Text for Notice to be Pub
(a) a desegregation order of a Federal lished in Newspapers, Distributed
court; or With Letters to Parents, and Other- (b) a voluntary desegregation plan. wise Made Freely Available to the Public (Required by $$ 181.46 and
& 181.3 Purpose of this statement of 181.53).
policies. Attachment 6-Text for choice of School
This Statement of Policies applies to Form (Required by $ 181.46). Attachment 7—Text of Paragraph to be
public elementary and secondary school Added to End of Notice Published systems undergoing desegregation to in Newspapers, Distributed with eliminate a dual school structure. It Letters to Parents, and Otherwise sets forth the requirements which volunMade Freely Avallable to the Public
tary desegregation plans must meet for By a School System Not Desegregat- the Commissioner to determine under ing All Grades (Required by $ 181.74).
the HEW Regulation that a plan is adeAttachment 4-Text for Annual Letter to
Parents for Use During 30-Day Spring quate to accomplish the purposes of Title
Choice Period (Required by $ 181.74). VI. This Statement supersedes the Attachment Text for Letter to Parents for "General Statement of Policies Under Use After 30-Day Spring Choice Pe.
Title VI of the Civil Rights Act of 1964 riod (Required by $ 181.74). Attachment 10—Text for Letter to Parents of
Respecting Desegregation of Elementary Students in Grades Not Yet Reached and Secondary Schools," issued in April .. by. Plan (Required by $ 181.74). 1965 and published as 45. CFR Part 181. § 181.4 Initial demonstration of com. regation plan must provide an assurance pliance.
that it will abide by the applicable reTo be eligible for Federal aid, a school
quirements for such plans contained in system must first assure the Commis
this Statement of Policies. Such assursioner that it will comply with Title VI
ance may be given by submitting Form and the HEW Regulation. It must sub
HEW-441-B to the Commissioner (Atmit the form of assurance that meets its
tachment 1). After April 15, 1966, comcircumstances, under $$ 181.5, 181.6, or
mitments of funds for new activities will 181.7 below.
be subject to deferral for school systems
which have failed to submit Form HEW$ 181.5 Systems without dual school
(b) Changing type of plan. A school (a) Submission of Form HEW-441. A system may change from one type of school system which does not maintain desegregation plan to another if such any characteristic of a dual school struc- action would eliminate segregation and ture may initially demonstrate compli- all other forms of discrimination more ance by submitting Form HEW-441. expeditiously. A school system planning This (HEW-441) is an assurance of full to change the type of its plan must suband immediate compliance with Title VI. mit a new plan meeting the requirements
(b) Resubmission not required. A of this Statement of Policies, together school system which has appropriately with Form HEW-441-B, for a determinasubmitted Form HEW-441 need not sub- tion by the Commissioner as to the ademit a new copy with subsequent requests quacy of the plan to accomplish the purfor Federal aid, but need only afirm poses of Title VI. when requested that the assurance sub- (c) Retaining present type of plan. A mitted continues in effect.
school system with a desegregation plan (c) Supplementation of assurance. accepted by the Commissioner need not The Commissioner may require supple- resubmit its plan if it intends to continue mentation of Form HEW-441 when he under the same type of plan. If a plan has reasonable cause to believe that there accepted by the Commissioner fails to is a failure to comply with any provision meet any requirement under this Stateof Title VI or the HEW Regulation. ment of Policies, the submission of Form § 181.6 Systems under Federal court
HEW-441-B will be deemed to amend order for desegregation.
the plan so that it will meet such require
ment. Amendments to the plan are not (a) Submission of order. A school
to be submitted unless requested. Howsystem under a Federal court desegrega
ever, certain supporting materials must tion order which meets the requirements be submitted, as provided in Subparts B, of the HEW Regulation may submit, as
C, D, and F of this part. evidence of compliance with Title VI, a
(d) Initial submittal of plans. If no copy of the court order, together with an
desegregation plan has been submitted assurance that it will comply with the
or accepted for a school system, Form order, including any future modification.
HEW-441-B and a plan meeting the re(b) Resubmission not required. A
quirements of this statement of Policies school system under a court order ac
must be submitted. cepted by the Commissioner need not submit another copy, but must submit Subpart B-Basic Requirements for any modification not previously sub- All Voluntary Desegregation Plans mitted.
§ 181.11 Various types of desegregation (c) Revision of court orders. A school
plans. system under a court order for desegregation which is not in accord with cur- It is the responsibility of a school sysrent judicial standards is subject to legal tem to adopt and implement a desegregaaction by the Department of Justice, or
tion plan which will eliminate the dual by the parties to the original suit, to
school system and all other forms of dismodify the order to meet current
crimination as expeditiously as possible. standards.
No single type of plan is appropriate for
all school systems. In some cases, the § 181.7 Systems with voluntary desegre. most expeditious means of desegregation gation plans.
is to close the schools originally estab(a) Submission of Form HEW-441-B. lished for students of one race, particuA school system with a voluntary deseg- larly where they are small and inade
quate, and to assign all the students and mining whether students are subjected to teachers to desegregated schools. An discrimination in educational programs. other appropriate method is to reorga Each school system is responsible for
nize the grade structure of schools origi correcting the effects of all past discrimi: nally established for students of different natory practices in the assignment of e races so that these schools are fully teachers and other professional staff.
utilized, on a desegregated basis, al (b) New assignments. Race, color, though each school contains fewer or national origin may not be a factor in grades. In some cases desegregation is the hiring or assignment to schools or accomplished by the establishment of within schools of teachers and other pronon-racial attendance zones. Under cer fessional staff, including student teachtain conditions, a plan based on free ers and staff serving two or more schools, choice of school may be a way to under except to correct the effects of past distake desegregation. In certain cases the criminatory assignments.
purposes of Title VI may be most expedi (c) Dismissals. Teachers and other * tiously accomplished by a plan applying professional staff may not be dismissed, - two or more of the foregoing procedures demoted, or passed over for retention, : to certain schools or different grade promotion, or rehiring, on the ground of levels. Based on consideration of all
race, color, or national origin. In any the circumstances of a particular school instance where one or more teachers or é system, the Commissioner may determine other professional staff members are to
that its desegregation plan is not ade be displaced as a result of desegregation, quate to accomplish the purposes of Title no staff vacancy in the school system may VI, in which case he may require the be filled through recruitment from outadoption of an alternative plan. In any side the system unless the school officials case where the State education agency can show that no such displaced staff is pursuing policies and programs for member is qualified to fill the vacancy. expediting the elimination of the dual If as a result of desegregation, there is school structure, the Commissioner will to be a reduction in the total professional consider this factor in determining staff of the school system, the qualificawhether a particular type of plan is ade tions of all staff members in the system quate for any given school system in must be evaluated in selecting the staff such State.
members to be released. § 181.12 Student assignment practices.
(d) Past assignments. The pattern of
assignment of teachers and other profesTitle VI precludes a school system sional staff among the various schools of from any action or inaction designed to a system may not be such that schools are perpetuate or promote segregation or any identifiable as intended for students of a other form of discrimination, or to limit particular race, color, or national origin, desegregation or maintain what is or such that teachers or other profesessentially a dual school structure. Any sional staff of a particular race are coneducational opportunity offered by a centrated in those schools where all, or school system must be available to stu the majority, of the students are of that dents without regard to race, color, or race. Each school system has a positive national origin. In particular, any duty to make staff assignments and reacademic tests or other procedures used assignments necessary to eliminate past in assigning students to schools, grades, discriminatory assignment patterns. classrooms, sections, courses of study or Staff desegregation for the 1966–67 for any other purpose must be applied school year must include significant uniformly to all students without regard progress beyond what was accomplished to race, color, or national origin. Cur for the 1965–66 school year in the dericulum, credit and promotion procedures segregation of teachers assigned to must not be applied in such a way as to schools on a regular full-time basis. penalize or hamper students who trans Patterns of staff assignment to initiate fer from one school to another pursuant staff desegregation might include, for to a desegregation plan,
example: (1) Some desegregation of
professional staff in each school in the $ 181.13 Faculty and staff.
system, (2) the assignment of a signifi. (a) Desegregation of staff. The racial cant portion of the professional staff of composition of the professional staff of a each race to particular schools in the sysschool system, and of the schools in the tem where their race is a minority and system, must be considered in deter where special staff training programs are