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§ 181.51 No limitation of choice; trans nity. Any other announcement pubportation.

lished by the school system concerning No factor, such as a requirement for enrollment, such as might be made in health or birth records, academic or

connection with scheduling pre-enrollphysical examinations, the operation of

ment procedures for prospective first the school transportation system, or any

grade students, must (a) state clearly other factor except overcrowding, may

that under the desegregation plan a limit or affect the assignment of students

choice of school is required for each to schools on the basis of their choices.

student whose choice has not yet been Where transportation is generally pro

exercised, (b) describe and state where vided, buses must be routed to the maxi

copies of the prescribed letter, notice and mum extent feasible so as to serve each

choice form may be freely obtained in student choosing any school in the sys

person, or by letter or telephone request, tem. In any event, every student choos

and (c) state the period during which the ing either the formerly white or the for

choice may be exercised. merly Negro school (or other school es

§ 181.54 Requirements for effectiveness tablished for students of a particular of free choice plans. race, color, or national origin) nearest his residence must be transported to the

(a) A free choice plan tends to place school to which he is assigned under these

the burden of desegregation on Negro or provisions, whether or not it is his first other minority group students and their choice, if that school is sufficiently dis parents. Even when school authorities tant from his home to make him eligible

undertake good faith efforts to assure for transportation under generally appli

its fair operation, the very nature of a cable transportation rules.

free choice plan and the effect of long

standing community attitudes often tend 8 181.52 Officials not to influence

to preclude or inhibit the exercise of a choice.

truly free choice by or for minority group No official, teacher, or employee of the students school system may require or request any (b) For these reasons, the Commisstudent or prospective student to submit

sioner will scrutinize with special care a choice form during the choice period the operation of voluntary plans of deother than by the prescribed letter, no segregation in school systems which have tice, and choice form. After the choice adopted free choice plans. period, the school system must make all (c) In determining whether a free reasonable efforts to obtain a completed choice plan is operating fairly and effecchoice form from any student who has tively, so as to materially further the not exercised a choice. However, at no orderly achievement of desegregation, time may any official, teacher, or em the Commissioner will take into account ployee of the school system, either di such factors as community support for rectly or indirectly, seek to influence any the plan, the efforts of the school system parent, student, or any other person in

to eliminate the identifiability of schools volved, in the exercise of a choice, or fa on the basis of race, color, or national vor or penalize any person because of a

origin by virtue of the composition of choice made. Information concerning staff or other factors, and the progress choices made by individual students or actually made in eliminating past disschools to which they are assigned may crimination and segregation. not be made public.

(d) The single most substantial indi§ 181.53 Public notice.

cation as to whether a free choice plan is

actually working to eliminate the dual On or shortly before the date the school structure is the extent to which choice period opens, the school system Negro or other minority group students must arrange for the conspicuous publi have in fact transferred from segregated cation of a notice describing the desegre schools. Thus, when substantial deseggation plan in the newspaper most gen regation actually occurs under a free erally circulated in the community. The choice plan, there is strong evidence that text of the notice must be in a form pre the plan is operating effectively and scribed by the Commissioner (Attach fairly, and is currently acceptable as a ment 5). Publication as a legal notice is means of meeting legal requirements. not sufficient. Copies of this notice must Conversely, where a free choice plan realso be given at that time to all radio and sults in little or no actual desegregation, television stations serving the commu or where, having already produced some

degree of desegregation, it does not result 67 school year under a free choice plan, it in substantial progress, there is reason will normally be required to adopt a dif. to believe that the plan is not operating ferent type of plan. effectively and may not be an appropri (g) Where there is substantial deviaate or acceptable method of meeting con tion from these expectations, and the stitutional and statutory requirements. Commissioner concludes, on the basis

(e) As a general matter, for the 196 of the choices actually made and other 67 school year the Commissioner will, in available evidence, that the plan is not the absence of other evidence to the con operating fairly, or is not effective to trary, assume that a free choice plan is meet constitutional and statutory rea viable and effective means of complet quirements, he will require the school sysing initial stages of desegregation in tem to take additional steps to further school systems in which a substantial desegregation. percentage of the students have in fact (h) Such additional steps may inbeen transferred from segregated schools. clude, for example, reopening of the Where a small degree of desegregation choice period, additional meetings with has been achieved and, on the basis of parents and civic groups, further arthe free choice registration held in the rangements with State or local officials spring of 1966, it appears that there will to limit opportunities for intimidation, not be a substantial increase in desegre and other further community preparagation for the 1966–67 school year, the tion. Where schools are still identifiable Commissioner will review the working of on the basis of staff composition as inthe plan and will normally require school tended for students of a particular race, officials to take additional actions as a color, or national origin, such steps must prerequisite to continued use of a free in any such case include substantial choice plan, even as an interim device. further changes in staffing patterns to

(f) In districts with a sizable percent eliminate such identifiability. age of Negro or other minority group (i) If the Commissioner concludes students, the Commissioner will, in gen that such steps would be ineffective, or if eral, be guided by the following criteria they fail to remedy the defects in the in scheduling free choice plans for operation of any free choice plan, he may review:

require the school system to adopt a (1) If a significant percentage of the different type of desegregation plan. students, such as 8 percent or 9 percent, transferred from segregated schools for

& 181.55 Reports. the 1965–66 school year, total transfers (a) Supporting materials. Each school on the order of at least twice that per system must submit to the Commissioner centage would normally be expected.

a copy of the letter, notice, and choice (2) If a smaller percentage of the stu form, all as prepared by the school sysdents, such as 4 percent or 5 percent, tem for distribution, within three days transferred from segregated schools for after their first distribution, and must the 1965–66 school year, a substantial submit a clipping of all newspaper anincrease in transfers would normally be nouncements published in accordance expected, such as would bring the total with $ 181.53 within three days after to at least triple the percentage for the publication. 1965–66 school year.

(b) Data on choices not being honored. (3) If a lower percentage of students

In any case, including the case of contransferred for the 1965–66 school year, flicting choices under $ 181.42, where & then the rate of increase in total trans student chooses a school where he would fers for the 1966–67 school year would be in a racial minority, and (1) he is to normally be expected to be proportion be assigned to a school where he would ately greater than under subparagraph be in a racial majority, or (2) the school (2) of this paragraph.

system proposes not to process his choice (4) If no students transferred from

for any reason, the relevant facts must segregated schools under a free choice be reported promptly to the Commisplan for the 1965-66 school year, then a sioner. very substantial start would normally be (c) Transfers for special needs. expected, to enable such a school sys Wherever a student is permitted, under tem to catch up as quickly as possible $ 181.48 or $ 181.50, to attend a school with systems which started earlier. If other than the school to which he is or a school system in these circumstances is would be assigned under the other apunable to make such a start for the 1966– plicable provisions hereof, and whenever

a request for such attendance is denied, 8 181.66 Definitions. the school system must retain records

As used in this part, showing (1) the school and grade applied

(a) The term “Commissioner" means for, (2) the school and grade to be trans

the U.S. Commissioner of Education or ferred from, (3) the race, color, or na

any official acting under assignment or tional origin of the student, (4) the rea

delegation from him to carry out any of son stated for the request, and (5) the

his functions under this Statement of reason the request is granted or denied.

Policies. Whenever the total number of transfers

(b) The term "discrimination" means permitted from any school exceeds two

discrimination on the ground of race, percent of the student enrollment at that

color, or national origin. school, the relevant facts must be re

(c) The term “dual school structure" ported promptly to the Commissioner.

means a system of separate school faciliSubpart E-Miscellaneous Provisions ties for students based on race, color, or

national origin § 181.61 How to submit reports.

(d) The term "Form HEW-441” means Each report to the Commissioner re the printed document provided for the quired under this statement of policies use of certain school systems by the must be sent by first class mail addressed U.S. Department of Health, Education, to the Equal Educational Opportunities

and Welfare, entitled "Assurance of Program, U.S. Office of Education, Wash Compliance with the Department of ington, D.C., 20202.

Health, Education, and Welfare Regu

lation under Title VI of the Civil Rights $ 181.62 Alternative administrative pro Act of 1964." cedures.

(e) The term "Form HEW-441-B" If an administrative procedure pro

mjans the printed document provided vided for under this statement of policies

for the use of certain school systems by is not administratively feasible in a par

the U.S. Department of Health, Educaticular situation, the Commissioner may

tion, and Welfare entitled "Assurance of accept an alternative procedure if he

Compliance with the revised statement of determines that it will accomplish the

policies for school desegregation plans same purpose.

under Title VI of the Civil Rights Act of

1964." 8 181.63 Revision of statement of (f) The term "HEW Regulation" policies.

means the Regulation issued pursuant to The Commissioner may modify this

Title VI of the Civil Rights Act of 1964 statement of policies as may be necessary

by the U.S. Department of Health, Eduto accomplish the purposes of Title VI.

cation, and Welfare (Part 80 of this

title). § 181.64 Copies of documents for State (g) The term "parent" means

an agencies.

adult individual who exercises parental Each school system submitting any

control over, or is otherwise acting as

parent of, a student or prospective plan form or report to the Commissioner under this statement of policies must

student. also submit a copy of such form or re

(h) The term "school oficial" shall

include, but is not limited to, any perport to the appropriate State education

son who serves on the governing board agency.

of a school system, or attends meetings § 181.65 Choice period already begun. of such board in an official capacity, and

all administrative and supervisory perIn the event that any school system

sonnel of a school system. with desegregation plan based on free

(i) The term "school system" means, choice has begun or completed its free

as the context may require, either (1) a choice period for the 1966–67 school year

legally constituted school authority (such prior to the date of issue of this State

as a local board of education) which has ment of Policies, the school system must

administrative control of one or more immediately report to the Commissioner

elementary or secondary schools, (2) the its proposals for adapting its free choice

geographic area over which any such procedures in such a way as to make school authority has administrative conthem substantially conform to the pro trol for school purposes, or (3) the visions of this Statement of Policies. schools and facilities over which any

such school authority has administrative control.

(j) The term "statement of policies" means this revised statement of policies for school desegregation plans under Title VI of the Civil Rights Act of 1964 (this Part 181).

(k) The term "Title VImeans Title VI of the Civil Rights Act of 1964 (PL 88–352, 42 USC 20000 to 2000d-4). Subpart F–Desegregation Plans Not

Reaching All Grades for the 1966–

67 School Year $ 181.71 Opportunity to transfer in

grades not reached by plan. In any school system in which, for the school year 1966–67, there are grades not yet reached by the desegregation plan, the school system must arrange for students to attend school on a desegregated basis in each of the special circumstances described in paragraphs (a), (b), (c), and (d) of this section. This opportunity must be made available in such a way as to follow, to the maximum extent feasible, the desegregation procedures in grades generally reached by the plan, according to the type of plan in effect.

(a) Transfer for a course of study. A student must be permitted to transfer to a school in order to take a course of study for which he is qualified and which is not available in the school to which he would otherwise be assigned on the basis of his race, color, or national origin.

(b) Transfer to attend school with relative. A student must be permitted to transfer in order to attend the same school or attendance center as a brother, sister, or other relative living in his household, if such relative is attending a school as a result of a desegregation plan and if such school or attendance center offers the grade which the student would be entering.

(c) Transfer for students required to go outside system. A student must be permitted to transfer to any school within the system which offers the grade he is to enter if he would otherwise be required to attend school outside the system on the basis of his race, color, or national origin.

(d) Transfer for other reasons. A student must be permitted to transfer to

a school other than the one to which he is assigned on the basis of his race, color, or national origin if he meets whatever requirements, other than race, color or national origin, the school system normally applies in permitting student transfers. § 181.72 Students new to the system.

Each student who will be attending school in the system for the first time in the 1966–67 school year in any grade not yet generally reached by the desegregation plan must be assigned to school under the procedures for desegregation that are to be applied to that grade when it is generally reached by the desegregation plan. $ 181.73 General provisions applicable.

A student who has transferred to a school under $ 181.71, or entered a school under § 181.72 shall be entitled to the full benefits of $ 181.14 (relating to desegregation of services, facilities, activities and programs) and to any and all other rights, privileges, and benefits generally conferred on students who attend & school by virtue of the provisions of the desegregation plan. $ 181.74 Notice.

(a) Each school system in which there will be one or more grades not fully reached by the desegregation plan in the 1966–67 school year must add a paragraph describing the applicable transfer provisions at the end of the notice distributed and published pursuant to § 181.34 or $$ 181.46 and 181.53, as is appropriate for the type of plan adopted by the school system. The text of the paragraph must be in a form prescribed by the Commissioner (Attachment 7). The school system must make such other changes to the notice as may be necessary to make clear which students will be affected by attendance zone assignments or free choice requirements,

(b) In addition, for the letter to parents required in § 181.46, school systems with free choice plans which have not desegregated every grade must use a letter describing the plan and will enclose with the letter sent to parents of student in grades not desegregated a transfer application instead of a choice form. For the letter to parents required in $ 181.34, school systems with geographic

not intend to operate a voluntary plan for desegregation in accordance with such an amendment.

If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant in reliance on this assurance, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for the purpose for which the Federal finan. cial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases of extension of Federal financial assistance in reliance on this assurance, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it.

The Applicant has adopted and is implementing a voluntary plan for desegregation of its school system based on -------

zone plans must send to each parent of students in grades not desegregated a letter describing the plan and a transfer application. The text for these letters and the transfer application must be in a form prescribed by the Commissioner (Attachments 8 to 11). $ 181.75 Processing of transfer appli

cations. Applications for transfer may be submitted on the transfer application form referred to in $ 181.74 or by any other writing. If any transfer application is incomplete, incorrect or unclear in any respect, the school system must make every reasonable effort to help the applicant perfect his application. Under plans based on geographic zones, and under plans based on free choice of schools, the provisions of $ 181.42 as to whether a student or his parent may make a choice of school, shall also determine whether a student in a grade not yet generally reached by desegregation may execute a transfer application. § 181.76 Reports and records.

In each report to the Commissioner under $$ 181.18, 181.35, and 181.55, the school system must include all data, copies of materials distributed and other information generally required, relative to all students, regardless of whether or not their particular grades have been generally reached by the plan. Similarly the system must retain the records provided for under $ $ 181.19, 181.35, and 181.55 with respect to all students. ATTACHMENT 1-ASSURANCE OF COMPLIANCE

(HEW 441-B)

-------------- (hereinafter (Name of applicant) called the "Applicant”) hereby agrees that it will comply with all requirements in the Revised Statement of Policies for School Desegregation Plans under Title VI of the Civil Rights Act of 1964, issued by the U.S. Commissioner of Education (hereinafter called the "Commissioner"), March 1966 (45 CFR Part 181), which are applicable to plans of the same type as the Applicant's voluntary plan for the desegregation of its school system. The Applicant also agrees that it will comply with any amendment of such Revised Statement, unless after the publication of any such amendment the Applicant shall notify the Commissioner that it does

(Specify whether freedom of choice, geo

graphic attendance zones, a combination of both of the foregoing, or other type of plan.)

Applicant should check the applicable box below:

o Such plan was accepted by the Commis. sioner prior to the submission of this form and is hereby modified to the extent necessary to comply with the applicable requirements of the Revised Statement of Policies for School Desegregation Plans Under Title VI of the Civil Rights Act of 1964 (4.5 CFR Part 181) or 0 Such plan is submitted herewith.

This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance conditioned upon the acceptance by the Commissioner of a Voluntary Plan for Desegregation if such assistance is extended after the date hereof to the Applicant, directly or through an intervening State agency, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal fi. nancial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States or the State agency through which Federal financial assistance is extended, Jointly or severally shall have the right to seek judicial enforcement of this assurance, This assurance is binding on the Applicant, Its successors, transferees, and assignees, and the person or persons whose signatures ap

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