of equal protection in public schools on the ground of race is a national, not regional problem. 29. Reliable data showing the ethnic composition of individual public schools and higher educational institutions would be helpful in studying practices in Northern, Western and Border States that may constitute a denial of equal protection of the laws. RECOMMENDATIONS Federal action to speed desegregation Recommendation 1.-That the Congress enact legislation making it the duty of every local school board which maintains any public school from which pupils are excluded on the basis of race, to file a plan for desegregation with a designated Federal agency within six months after the adoption of such legislation, said plan to call for at least a first step toward full compliance with the Supreme Court's decision in the School Segregation Cases at the beginning of the following school year, and complete desegregation as soon as practicable thereafter. Further, that Congress direct the Attorney General to take appropriate action to enforce this obligation. Recommendation 2.-That the Congress provide that any and all Federal grants-in-aid to the various States for educational programs in elementary and secondary public schools be allocated so that States wherein all school districts are operated on a nondiscriminatory basis shall receive the full amount computed under the applicable statutory formula; that States wherein no school districts are so operated shall receive only 50 percent of such funds; that States wherein school districts have initiated desegregation programs shall receive 50 percent of such sum plus the same proportion of the remaining 50 percent as the number of pupils enrolled in all school districts in the State which have initiated a program of desegregation bears to the total number of pupils enrolled in all school districts in the particular State which have a biracial school population. Dissent to Recommendation 2 by Commissioner Rankin Although this recommendation does not provide for the withholding of all funds from public schools, its purpose is similar to that of the "Powell Amendment" and its net effect might be punitive. I do not believe that school children should be made to suffer for the errors of their elders. Recommendations requiring the withholding of funds from States which are not completely desegregated would warrant serious consideration only if there were no other way to achieve conformity with the Constitution without penalizing students. Many of the other recommendations in this report are designed to bring about desegregation without harming education. Thus I dissent from Recommendation 2 because I believe it to be unnecessary and potentially punitive. Recommendation 3.-That Congress consider the advisability of adopting measures to expedite the hearing and final determination of actions brought in Federal courts to secure admission to publicly-controlled educational institutions without regard to race, color, religion or national origin.* Federal assistance to desegregating school districts Recommendation 4.—That the Congress enact legislation authorizing a Federal agency, upon request, to provide technical or financial assistance to local school systems at any time within 5 years after the initiation of a desegregation program, or to local citizens' groups attempting to help solve problems arising from such desegregation, in any of the following ways: (1) financial aid to school districts on a 50-50 matching basis for the employment of social workers, or specialists in desegregation problems, or for inservice training programs for teachers or guidance counselors; (2) technical assistance to school districts or citizens' groups to train school personnel or community leaders in techniques useful in solving desegregation problems, including the establishment of home study programs for the academically and culturally handicapped; provided, however, that the desegregation program and its execution shall have been found by the agency administering the program to meet constitutional requirements. Recommendation 5.-That the Congress enact legislation authorizing loans to local school districts from which State or local financial aid has been withdrawn as a result of desegregation, or whose ability to borrow funds from commercial sources has been cut off by State or local action, said loans to be repayable by the borrower upon the receipt of the State or local aid withheld or the restoration of commercial credit. Recommendation 6.-(a) That the President direct, or the Congress enact legislation authorizing, the Commission on Civil Rights, if ex *Recommendation 3 reaffirms in principle one made by the Commission in its Higher Education Report. At that time the Commission suggested the use of three-judge courts to expedite final determinations in desegregation cases at the college level. Since there are additional ways that desegregation cases may be expedited, the Commission has now framed its recommendation in general terms and expanded it to include desegregation cases at the elementary and secondary school levels as well. tended, to serve as a clearinghouse to collect and disseminate information concerning programs and procedures used by school districts to achieve an organization and operation of their schools in accordance with constitutional principles, including data as to the known effects of such programs on the quality of education and the cost thereof; (b) That the Commission further be authorized to establish an advisory and conciliation service to assist local school officials in developing plans designed to meet constitutional requirements and local conditions, and to attempt to mediate and conciliate disputes between school officials and school patrons, upon the request of either, as to desegregation of schools-proposed plans for desegregation, or the implementation of plans already in operation. The Commission agrees that the use of such an advisory and conciliation service should not be a prerequisite to the bringing of legal action in a Federal court nor a ground for delay in the prosecution of a pending action; that its purpose is to obviate the necessity of legal action where possible and, in the case of pending suits, to speed, not delay, a final determination.* Federal protection to school officials and citizens Recommendation 7.-That the President or the Congress direct the Attorney General to take such action as may be appropriate, in any case where a school system is operating under a plan to bring it into conformance with the requirements of the 14th amendment, to protect the school board members carrying out such plan, supervisory officials and teachers in school systems executing the orders of such school boards, school children of both races attempting to attend schools affected by the plan and their parents, and citizens helping such children or their parents, from bodily harm, harassment, intimidation, and/or reprisal by officials or private persons. Education of dependents of military personnel Recommendation 8.-That the President direct the Department of Defense to make a complete survey of the segregated-desegregated status of public schools attended by dependents of military personnel living on-base or in the absence of sufficient housing on-base, living in the vicinity of a base, and report its findings to him. Further, that insofar as such dependents are found to be attending compulsorily racially segregated schools, the President instruct the Commissioner of Education to make suitable arrangements for their education in public schools or on-base schools open to all such dependents without discrimination because of color or race. *Recommendation 6 is similar to a recommendation made by the Commission in its 1959 Report. Aid to public libraries under Library Services Act Recommendation 9.-That the President direct the Office of Education of the Department of Health, Education, and Welfare, to make a survey of the practices of all public libraries receiving Federal financial aid under the Library Services Act of 1956 to determine whether or not they are offering free service to all residents of the community as required by the terms of that law and by the equal protection clause of the 14th amendment of the Constitution. Further, that the Commissioner, as provided in the law granting such Federal aid, withhold Federal funds from States which include under the State plan libraries not serving all residents of the community or not serving all of them in a manner consonant with constitutional principles. Alleviation of academic handicaps Recommendation 10.-That the Federal Government sponsor in the several States, upon their application therefor, educational programs designed to identify and assist teachers and students of native talent and ability who are handicapped professionally or scholastically as a result of inferior training or educational opportunity.* Higher education Recommendation 11.-That the Federal Government, either by executive or by congressional action, take such measures as may be required to assure that funds under the various programs of Federal assistance to higher education are disbursed only to such publicly-controlled institutions of higher education as do not discriminate on grounds of race, color, religion or national origin. The Commission agrees that in any such Federal action taken it should be stipulated that no Federal agency or official shall be given power to direct, supervise or control the administration, curricula or personnel of an institution operated and maintained by a State or a political subdivision thereof;** School census by ethnic classification Recommendation 12.-That the President or the Congress direct a Federal agency or agencies to conduct an annual school survey to determine * Recommendation 10 reaffirms a recommendation made by the Commission in its Higher Education Report. ** Recommendation 11 reaffirms without change one made in the Higher Education Report. Four Commissioners believe, however, that as a matter of sound public policy the same principle should be extended to privately controlled institutions. the number and ethnic classification of all students enrolled in all public educational institutions in the United States and compile such data by States, by school districts, by individual schools, and by individual institutions of higher education within each State.* * Recommendation 12 reaffirms a similar recommendation made by the Commission in its 1959 Report. The Commission reemphasizes its position that this recommendation does not contemplate the establishment of school records by race or ethnic classification. The trend toward the elimination of such identification on student records should, in fact, be accelerated. |