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established to help with the process of segregation procedures normally may not staff desegregation, (3) the assignment be applied to such programs. of a significant portion of the staff on a

§ 181.15 Unequal educational programs desegregated basis to those schools in which the student body is desegregated,

and facilities. (4) the reassignment of the staff of In addition to the changes made in schools being closed to other schools in student assignment practices under its the system where their race is a minor desegregation plan, each school system ity, or (5) an alternative pattern of is responsible for removing all other assignment which will make comparable forms of discrimination on the ground of progress in bringing about staff desegre race, color, or national origin. For exgation successfully.

ample, some school systems still maintain

small, inadequate schools that were orig& 181.14 Services, facilities, activities,

inally established for students of a parand programs.

ticular race and are still used primarily (a) General. Each school system is or exclusively for the education of sturesponsible for removing any segrega dents of such race. If the facilities, tion and any other form of discrimina teaching materials, or educational protion affecting students in connection with gram available to students in such a all services, facilities, activities and pro school are inferior to those generally grams (including transportation, ath available in the schools of the system, letics, and other extra-curricular activi. the school authorities will normally be ties) that may be conducted or sponsored required immediately to assign such stuby or affiliated with the schools of the dents to other schools in order to disconsystem.

tinue the use of the inferior school. (b) Specific situations. (1) A student

$ 181.16 Attendance outside school sys. attending school for the first time

tem of residence. on a desegregated basis may not be subject to any disqualification or waiting No arrangement may be made nor perperiod for participation in activities and mission granted for students residing in programs, including athletics, which one school system to attend school in might otherwise apply because he is a another school system in any case (a) transfer student.

where the result would tend to limit de(2) If transportation services are fur segregation or maintain what is essennished, sponsored or utilized by a school tially a dual school structure in either system, dual or segregated transporta system, or (b) where such attendance is tion systems and any other form of dis not available to all students without recrimination must be eliminated. Rout gard to race, color, or national origin, ing and scheduling of transportation

$ 181.17 Official support for desegrega. must be planned on the basis of such factors as economy and efficiency, and

tion plan. may not operate to impede desegregation, (a) Community support. School ofRoutes and schedules must be changed to cials must take steps to encourage comthe extent necessary to comply with this munity support and acceptance of their provision.

desegregation plan. They are responsi(3) All school-related use of athletic

ble for preparing students, teachers and fields, meeting rooms, and all other all other personnel, and the community school-related services, facilities, activ in general, for the successful desegregaities, and programs, such as commence- tion of the school system. ment exercises and parent-teacher meet (b) Information to the public. Full ings, which are open to persons other information concerning the desegregathan enrolled students, must be open to tion plan must be furnished freely to all such persons and must be conducted the public and to all television and radio without segregation or any other form of stations and all newspapers serving the discrimination.

community. Copies of all reports on (4) All special educational programs, student and staff assignments required such as pre-school, summer school and under $ 181.18 must be available for pubadult education, and any educational pro- lic inspection at the office of the Supergram newly instituted, must be con intendent of the school system. ducted without segregation or any other (c) Protection of persons affected. form of discrimination, Free choice de- Each school system is responsible for the

effective implementation of its desegre a school within the system. This stategation plan. Within their authority, ment must set forth, for each group of

school officials are responsible for the students included in (1) and (2) of this protection of persons exercising rights paragraph, the number of students, by under, or otherwise affected by, the plan. race, color, or national origin, by grade, They must take appropriate action with by school and school system attended, regard to any student or staff member and by school system of residence. who interferes with the successful opera (e) Consolidation or litigation. A tion of the plan, whether or not on school school system which is to undergo congrounds. If officials of the school sys solidation with another system or any tem are not able to provide sufficient other change in its boundaries, or which protection, they must seek whatever as is involved in any litigation affecting desistance is necessary from other appro segregation, must promptly report the priate officials.

relevant facts and circumstances to the

Commissioner. $ 181.18 Reports.

(f) Other reports. The Commissioner (a) Anticipated enrollment. By April may require a school system to submit 15 of each year, or by 15 days after the other reports relating to its compliance close of the spring choice period in the with Title VI. case of plans based on free choice of

§ 181.19 Records. schools, each school system must report to the Commissioner the anticipated stu

A school system must keep available dent enrollment, by race, color, or na

for not less than 3 years all records retional origin, and by grade of each lating to personnel actions, transportaschool, for the following school year.

tion, including routes and schedules, and The report submitted for the 1966-67 student assignments and transfers, inschool year must also include the com

cluding all choice forms and transfer apparable data for the 1965-66 school year. plications submitted to the school sysAny subsequent substantial change in

tem. The Commissioner may require reanticipated enrollment affecting desegre tention for a longer period in individual gation must be reported promptly to the

cases. Commissioner.

Subpart C-Additional Requirements (b) Planned staff assignments. By April 15 of each year, each school sys

for Voluntary Desegregation Plans tem must report to the Commissioner

Based on Geographic Attendance the planned assignments of professional Zones staff to each school for the following

& 181.31 General. year, by race, color, or national origin and by grade, or where appropriate, by A voluntary desegregation plan based subject taught or position held. The re in whole or in part on géographic attendport for April 15, 1966, must also include ance zones must meet the requirements

the comparable data for the 1965-66 of this subpart for all students whose as: school year. Any subsequent change in signment to schools is determined by

planned staff assignments affecting staff such zones. The general requirement for desegregation must be reported promptly desegregation plans set forth elsewhere to the Commissioner.

In this Statement of Policies are also (c) Actual data. As soon as possible applicable. after the opening of its schools in the

$ 181.32 Attendance zones. fall, but in any case within 30 days thereafter, each school system must de A single system of non-racial attend

termine and promptly report to the Com ance zones must be established. A school a missioner the actual data for the items system may not use zone boundaries or

covered in the reports called for under feeder patterns designed to perpetuate paragraphs (a) and (b) of this section. or promote segregation, or to Umit de

(d) Attendance outside system of resi segregation or maintain what is essendence. The reports called for under tially a dual school structure. A school paragraphs (a) and (c) of this section system planning (a) to desegregate cermust include a statement covering (1) tain grades by means of geographic atall students who reside within the bound tendance zones and other grades by aries of the school system but attend means of free choice of schools, or (b) to school in another system, and (2) all include more than one school of the students who reside outside but attend same level in one or more attendance

zones and to offer free choice of all by mail, to the parent of each prospective schools within such zones, must show student, including each student plan. that such an arrangement will most ex ning to enter the first grade or kinderpeditiously eliminate segregation and all garten, as soon as the school system other forms of discrimination. In any learns that he plans to enroll. such case, the procedures followed for (b) Published notice. The school systhe offer, exercise and administration tem must arrange for the conspicuous of free choice of schools must conform to publication of an announcement, identhe provisions of Subpart D of this part. tical with the text of the notice provided $ 181.33 Assignment to school in zone

for under paragraph (a) of this section, of residence.

in the newspaper most generally circu

lated in the community, on or shortly Regardless of any previous attendance before the date of mailing under paraat another school, each student must be

graph (a) of this section. Publication assigned to the school serving his zone

as a legal notice is not sufficient. Whenof residence, and may be transferred to

ever any revision of attendance zones is another school only in those cases which

proposed, the school system must simimeet the following requirements:

larly arrange for the conspicuous pub(a) Transfer for special needs. A stu

lication of an announcement at least 30 dent who requires a course of study not

days before any change is to become efoffered at the school serving his zone, or

fective, naming each school to be affected who is physically handicapped, may be

and describing the proposed new zones. permitted, upon his written application,

Copies of all material published hereunto transfer to another school which is de

der must also be given at that time to all signed to fit, or offers courses for, his

television and radio stations serving the special needs.

community. (b) Minority transfer policy. A school

(c) Maps available to public. A street system may (1) permit any student to

or road map showing the boundaries of, transfer from a school where students of

and the school serving, each attendance his race are a majority to any other

zone must be freely available for public school, within the system, where stu

inspection at the office of the Superdents of his race are a minority, or (2)

intendent. Each school in the system assign students on such basis.

must have freely available for public in(c) Special plan provisions. A student

spection a map showing the boundaries who specifically qualifies to attend an of its attendance area. other school pursuant to the provisions of a desegregation plan accepted by the § 181.35 Reports. Commissioner may be permitted, upon

(a) Attendance zones. The report his written application, to transfer to

submitted under $ 181.18(a) by April 15 such other school.

of each year must be accompanied by s § 181.34 Notice.

map, which must show the name and lo

cation of each school facility planned to (a) Individual notice. On a conveni be used during the coming school year, ent date between March 1 and April 30 in the attendance zones for each school in each year, each school system must dis effect during the current school year, and tribute, by first class mail, a letter to the any changes in the attendance zones parent, or other adult person acting as

planned for the coming school year. The parent, of each student who is then en map need not be of professional quality. rolled, except high school seniors ex

A clipping of each newspaper announce. pected to graduate, giving the name and

ment and any map published under location of the school to which the stu § 181.34 (b) or (c) must be sent to the dent has been assigned for the coming Commissioner within 3 days after school year pursuant to the desegrega

publication and, in the case of proposed tion plan, and information concerning

revisions, must be accompanied by data the bus service between his school and his

showing the estimated change in attendneighborhood. All these letters must be

ance, by race, color, or national origin mailed on the same day. Each letter

and by grade, and in the racial composimust be accompanied by a notice, in a form prescribed by the Commissioner,

tion of the professional staff, at each explaining the desegregation plan (At school to be affected, tachment 2). The same letter and no (b) Attendance outside zone of resitice must also be furnished, in person or dence. Whenever a student is permitted

to attend a school other than that serving mence no earlier than March 1 and to his zone of residence, and whenever a re end no later than April 30, preceding the quest for such attendance is denied, the school year for which choice is to be school system must retain records show exercised. The Commissioner may reing (1) the school and grade applied for, quire an additional period or different (2) the zone of the student's residence dates for a particular school system. No and his grade therein, (3) the race, color, preference in school assignment may be or national origin of the student, (4) the given on the basis of an early exercise reason stated for the request, and (5) of choice during the choice period. the reason the request is granted or denied.

§ 181.45 Failure to exercise choice. Whenever the total number of transfers permitted from any school ex A failure to exercise a choice within ceeds 2 percent of the student enroll the choice period does not excuse a stument at that school, the relevant facts dent from exercising his choice, which must be reported promptly to the Com may be done at any time before he commissioner.

mences school for the year with respect

to which the choice applies. However, Subpart D—Additional Requirements

any such late choice must be subordifor Voluntary Desegregation Plans

nated to the choices of students who Based on Free Choice of Schools exercised choice during the choice pe181.41 General.

riod. If by a week after school opens

there is any student who has not yet A voluntary desegregation plan based

exercised his choice of school, he must in whole or in part on free choice of

be assigned to the school nearest his schools must meet the requirements of

home where space is available. Standthis subpart for all students whose

ards for determining available space assignment to schools is determined by

must be applied uniformly throughout free choice. The general requirements

the system. for desegregation plans set forth elsewhere in this Statement of Policies are § 181.46 Letters to parents, notices, and also applicable.

choice forms. § 181.42 Who may exercise choice.

(a) Mailings. On the first day of the

choice period, each school system must A choice of schools may be exercised

distribute, by first class mail, a letter, by a parent or other adult person sery

an explanatory notice, and a choice form ing as the student's parent. A student

to the parent or other adult person actmay exercise his own choice if he (a) is

ing as parent of each student who is then exercising a choice for the ninth or a

enrolled, except high school seniors exhigher grade, or (b) has reached the age

pected to graduate, together with a reof fifteen at the time of the exercise of

turn envelope addressed to the superinchoice. Such a choice by a student is

tendent. The texts for the letter, notice, controlling unless a different choice is

and choice form to be used must be in a exercised for him by his parent, or other

form prescribed by the Commissioner adult person acting as his parent, dur

(Attachments 3 to 6). ing the period in which the student exer

(b) Extra copies. Extra copies of the cises his choice. Each reference in this

letter, the notice, and the choice form subpart to a student exercising a choice

must be freely available to parents, stumeans the exercise of the choice by a parent or such other adult, or by the

dents, prospective students, and the student himself, as may be appropriate

general public, at each school in the under this provision.

system and at the office of the Superin

tendent. & 181.43 Annual mandatory exercise of (c) Content of choice form. Unless choice.

otherwise authorized or required by the Each student must be required to exer Commissioner, each choice form, as precise a free choice of schools once an pared by the school system for distribunually. A student may not be enrolled or tion, (1) must set forth the name and assigned to a school without exercising location of, and the grades offered at, his choice, except as provided in § 181.45. each school, and (2) may inquire of the

person exercising the choice only the § 181.44 Choice period.

name, address, and age of the student, A period of at least 30 days must be the school and grade currently or most provided for exercising choice, to com recently attended by the student, the

443

school chosen, the signature of one parent or other adult person serving as parent or, where appropriate under § 181.42, the signature of the student, and the identity of the person signing. If necessary to provide information required by $$ 181.18 and 181.19, or for other reports required by the Commissioner, the choice form may also ask the race, color, or national origin of the student. No statement of reasons for a particular choice, or any other information, or any witness or other authentication, may be required or requested. No other choice form, including any pupil placement law form may be used by the school system in connection with the choice of a school.

(d) Return of choice form. At the option of the person completing the choice form, it may be returned by mail or by hand to any school in the school system or to the office of the Superintendent.

(e) Choices not on official form. Exercise of choice may also be made by the submission in like manner of any other writing which sufficiently identifies the student and indicates that he has made a choice of a school. $ 181.47 Prospective students.

Each prospective student, including each student planning to enter the first grade or kindergarten, must be required to exercise a free choice of schools before enrollment. Each such student must be furnished a copy of the prescribed letter, notice, and choice form, by mail or in person, on the date the choice period opens or as soon thereafter as the school system learns that he plans to enroll. Each must be given an opportunity to exercise his choice during the choice period. A prospective student exercising his choice after the choice period must be given at least one week to do so. § 181.48 Choice may not be changed.

Once a choice has been submitted, it may not be changed for the school year to which it applies, whether during the choice period, after the choice period, or during that school year, except on request (a) in cases meeting the conditions set forth in § 181.50, (b) in case of a change of residence to a place where another school serving the student's grade level is closer than the school to which he is assigned under these provisions, and (c) in case of a compelling hardship. A student who cannot enter

the school of his choice because the grade he is to enter is not offered at that school must be promptly notified as soon as this is known and must be given the same opportunity to choose another school as is provided a prospective student under $ 181.47. § 181.49 Assignment according to

choice. No choice may be denied in assigning students to schools for any reason other than overcrowding. In cases where overcrowding would result at one or more schools from the choices made, preference must be given on the basis of the proximity of schools to the homes of students, without regard to race, color, or national origin. No preference may be given to students for prior attendance at a school if such preference would deny other students their free choice of schools under the plan. In cases where this provision would result in unusual difficulty involving, for instance, students not being able to finish their senior year in a particular school, or students being unable to attend school with other members of the same family, or at a school having special courses required by a student, the relevant facts may be brought to the attention of the Commissioner for consideration of alternative procedures. Any student whose choice is denied under these provisions must be notified in writing promptly and given his choice of each school in the system serving his grade level where space is available. Standards for determining overcrowding and available space that are applied uniformly throughout the system must be used if any choice is to be denied. Each student and his parent, or other adult person acting as parent, must be notified in writing of the name and location of the school to which the student is assigned hereunder promptly upon completion of processing his first or any second choice. A school system may, at its option, give preference to any student whose choice is for a school at which students of his race are a minority. $ 181.50 Transfers for special needs.

Each student must attend the school to which he is assigned under the foregoing provisions, except that any student who requires a course of study not offered at that school, or who is physically handicapped, may be permitted, upon his written application, to transfer to another school which is designed to fit, or offers courses for, his special needs.

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