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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. 8 181.50 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. 8 181.51 No Limitation of Choice; Transportation
No factor, such as a requirement for health or birth records, academic or phy, sical examinations, the operation of the school transportation system, or any other factor except overcrowding, may limit or affect the assignment of students to schools on the basis of their choices. Where transportation is generally provided, buses must be routed to the maximum extent feasible so as to serve each student choosing any school in the system. In any event, every student choosing either the formerly white or the formerly Negro school (or other school established for students of a particular race, color, or national origin) nearest his residence must be transported to the school to which he is assigned under these provisions, whether or not it is his first choice, if that school is sufficiently distant from his home to make him eligible for transportation under generally applicable transportation rules. $ 181.52 Officials Not To Influence Choice
No official, teacher, or employee of the school system may require or request any student or prospective student to submit a choice form during the choice period other than by the prescribed letter, notice, and choice form. After the choice period, the school system must make all reasonable efforts to obtain a completed choice form from any student who has not exercised a choice. However, at no time may any official, teacher, or employee of the school system, either directly or indirectly, seek to influence any parent, student, or any other person involved, in the exercise of a choice, or favor or penalize any person because of a choice made. Information concerning choices made by individual students or schools to which they are assigned may not be made public. $ 181.53 Public Notice
On or shortly before the date the choice period opens, the school system must arrange for the conspicuous publication of a notice describing the desegregation plan in the newspaper most generally circulated in the community. The text of the notice must be in a form prescribed by the Commissioner. Publication as a legal notice is not sufficient. Copies of this notice must also be given at that time to all radio and television stations serving the community. Any other announcement published by the school system concerning enrollment, such as might be made in connection with scheduling pre-enrollment procedures for prospective first grade students, must (1) state clearly that under the desegregation plan a choice of school is required for each student whose choice has not yet been exercised, (2) describe and state where copies of the prescribed letter, notice and choice form may be freely obtained in person, or by letter or telephone request, and (3) state the period during which the choice may be exercised. $ 181,54 Requirements for Effectiveness of Free Choice Plans
A free choice plan tends to place the burden of desegregation on Negro or other minority group students and their parents. Even when school authorities undertake good faith efforts to assure its fair operation, the very nature of a free choice plan and the effect of longstanding community attitudes often tend to preclude or inhibit the exercise of a truly free choice by or for minority group students.
For these reasons, the Commissioner will scrutinize with special care the operation of voluntary plans of desegregation in school systems which have adopted free choice plans.
In determining whether a free choice plan is operating fairly and effectively, so as to materially further the orderly achievement of desegregation, the ComInissioner will take into account such factors as community support for the plan, the efforts of the school system to eliminate the identifiability of schools on the basis of race, color, or national origin by virtue of the composition of staff or other factors, and the progress actually made in eliminating past discrimination and segregation. The single most substantial indication as to whether a free choice plan is actually working to eliminate the dual school structure is the extent to which Negro or other minority group students have in fact transferred from segregated schools. Thus, when substantial desegregation actually occurs under a free choice plan, there is strong evidence that the plan is operating effectively and fairly, and is currently acceptable as a means of meeting legal requirements. Conversely, where a free choice plan results in little or no actual desegregation, or where, having already produced some degree of desegregation, it does not result in substantial progress, there is reason to believe that the plan is not operating effectively and may not be an appropriate or acceptable method of meeting constitutional and statutory requirements. As a general matter, for the 1967–68 school year the Commissioner will, in the absence of other evidence to the contrary, assume that a free choice plan is a viable and effective means of completing initial stages of desegregation in school systems in which a substantial percentage of the students have in fact been transferred from segregated schools. Where a small degree of desegregation has been achieved and, on the basis of the free choice registration held in early 1967, it appears that there will not be a substantial increase in desegregation for the 1967–68 school year, the Commissioner will review the working of the plan and will normally require school officials to take additional actions as a prerequisite to continued use of a free choice plan, even as an interim device. In districts with a sizable percentage of Negro or other minority group students, the Commissioner will, in general, be guided by the following criteria in scheduling free choice plans for review: (1) If a significant percentage of the students, such as 8 percent or 9 percent, transferred from segregated schools for the 1966–67 school year, total transfers on the order of at least twice that percentage would normally be expected. (2) If a smaller percentage of the students, such as 4 percent or 5 percent, transferred from segregated schools for the 1966–67 school year, a substantial increase in transfers would normally be expected, such as would bring the total to at least triple the percentage for the 1966–67 school year. (3) If a lower percentage of students transferred for the 1966–67 school year, then the rate of increase in total transfers for the 1967–68 school year would normally be expected to be proportionately greater than under (2) above. Where there is substantial deviation from these expectations, and the Commissioner concludes, on the basis of the choices actually made and other available evidence, that the plan is not operating fairly, or is not effective to meet constitutional and statutory requirements, he will require the school system to take additional steps to further desegregation. Such additional steps may include, for example, reopening of the choice period, additional meetings with parents and civic groups, further arrangements with State or local officials to limit opportunities for intimidation, and other further community preparation. Where schools are still identifiable on the basis of staff composition as intended for students of a particular race, color, or national origin, such steps must in any such case include substantial further changes in staffing patterns to eliminate such identifiability. If the Commissioner concludes that such steps would be ineffective, or if they fail to remedy the defects in the operation of any free choice plan, he may require the school system to adopt a different type of desegregation plan.
§ 181.55 Reports
(a) Supporting Materials. Each school system must submit to the Commissioner a copy of the letter, notice, and choice form, all as prepared by the school system for distribution, within three days after their first distribution, and must submit a clipping of all newspaper announcements published in accordance with § 181.53 above within three days after publication.
(b) Data on Choices Not Being Honored. In any case including the case of conflicting choices under § 181.42 above, where a student chooses a school where
he would be in racial minority, and (1) he is to be assigned to a school where he would be in a racial majority, or (2) the school system proposes not to process his choice for any reason, the relevant facts must be reported promptly to the Commissioner.
(c) Transfers for Special Needs. Wherever a student is permitted, under 88 181.48 or 181.50 above, to attend a school other than the school to which he is or would be assigned under the other applicable provisions hereof, and whenever a request for such attendance is denied, the school system must retain records showing (1) the school and grade applied for, (2) the school and grade to be transferred from, (3) the race, color, or national origin of the student, (4) the reason stated for the request, and (5) the reason the request is granted or denied. Whenever the total number of transfers permitted from any school exceeds two percent of the student enrollment at that school, the relevant facts must be reported promptly to the Commissioner.
(88 181.56 through 181.60 reserved]
SUBPART E-MISCELLANEOUS PROVISIONS $ 181.61 How To Submit Reports
Each report to the Commissioner required under this Statement of Policies must be sent by first class mail addressed to the Equal Educational Opportunities Program, U.S. Office of Education, Washington, D.C., 20202. 8 181.62 Alternative Administrative Procedures
If an administrative procedure provided for under this Statement of Policies is not administratively feasible in a particular situation, the Commissioner may accept an alternative procedure if he determines that it will accomplish the same purpose. § 181.63 Revision of Statement of Policies
The Commissioner may modify this Statement of Policies as may be necessary to accomplish the purposes of Title VI. § 181.64 Copies of Documents for State Agencies
Each school system submitting any plan form or report to the Commissioner under this Statement of Policies must also submit a copy of such form or report to the appropriate State education agency. 8 181.65 Definitions
As used in this part,
(a) The term "Commissioner" means the U.S. Commissioner of Education or any official acting under assignment or delegation from him to carry out any of his functions under this Statement of Policies.
(b) The term "discrimination" means discrimination on the ground of race, color, or national origin.
(c) The term “dual school structure” means a system of separate school facilities for students based on race, color, or national origin.
(d) The term “HEW Form 441” means the printed document provided for the use of certain school systems by the U.S. Department of Health, Education, and Welfare, entitled "Assurance of Compliance with the Department of Health, Education, and Welfare Regulation under Title VI of the Civil Rights Act of 1964."
(e) The term "HEW Form 441-B” means the printed document provided for the use of certain school systems by the U.S. Department of Health, Education, and Welfare entitled "Assurance of Compliance with the Revised Statement of Policies for School Desegregation Plans Under Title VI of the Civil Rights Act of 1964."
(f) The term "HEW Regulation" means the Regulation issued pursuant to Title VI of the Civil Rights Act of 1964 by the U.S. Department of Health, Education, and Welfare (Part 80, of Title 45, Code of Federal Regulations).
(g) The term "parent" means an adult individual who exercises parental control over, or is otherwise acting as parent of, a student or prospective student.
(h) The term "school official" shall include, but is not limited to, any person who serves on the governing board of a school system, or attends meetings of such board in an official capacity, and all administrative and supervisory personnel of a school system.
(i) The term "school system" means, as the context may require, either (1) a legally constituted school authority (such as a local board of education) which has administrative control of one or more elementary or secondary schools, (2) the geographic area over which any such school authority has administrative control for school purposes, or (3) the 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.
(k) The term "Title VI” means Title VI of the Civil Rights Act of 1964 (PL 88-352, 42 USC 20000 to 2000d-4).
(88 181.66 to 181.70 reserved] Mr. LIBASSI. On both of these issues the Department has been advised by its General Counsel and by the Department of Justice that the policies of the Office of Education are fully consistent with and supported by title VI of the Civil Rights Act and the decisions of the Federal court.
In essence the policies of the Department permit a district to initiate the desegregation of its schools by offering the children a choice of schools. The method of student assignment which has been traditional in most parts of the country has been assigning children to neighborhood schools on the basis of geographic attendance zones.
This method takes no account of the preference of the student and may well result in his assignment to a school against his expressed wish. The assignment of students to a particular school on the basis of the student's choice has in the main been an innovation adopted in connection with the desegregation of schools that have previously been segregated on the basis of race.
It has been accepted as a permissible means of desegregation but courts have made it clear that it can be used only if it is effective in abolishing the racial dual school system.
Where community hostilities or other pressure preclude a truly free choice, then some other method must be used in converting to a nonracial system. In some it has been the system of this Department that the free choice is permissible as a method of desegregation only if it is effective in eliminating the dual system based on race.
If it is not effective than an alternative method of assigning children to particular schools not based on the choice of the students or their parents must be adopted.
With respect to faculty the Department of Justice has advised that title VI not only permits the Department to require faculty desegregaion but obliges the Department to do so as a condition for the continued receipt of Federal funds.
The position of the Department is consistent with the rulings of the Federal court including the Supreme Court. Furthermore, every effort has been made to assure that these policies are administered fairly and objectively.
School districts are scheduled for review based on a district's own report of the extent of actual student and faculty desegregation.
In August of 1966 the Commissioner notified the State education agencies that it would be the policy of the Office to review the districts with the poorest performance first. Approximately 250 schools wereschool districts were in this category. At the same time the Commis
sioner stated that another 400 districts that had made progress would be scheduled for review during the school year. These 400 districts were urged to take steps on their own to improve the extent of student and i. desegregation. The largest number of districts between 700 and 800 were notified that their performance was adequate and no review of their plans would be undertaken. The committee should know that generally the 250 school districts that were first reviewed, those with the poorest performance, had no student desegregation or less than 2 percent of th. Negro students in formerly white schools and no faculty desegregation. In addition many districts had denied j of the Negro students to attend the white schools, they had discouraged Negro students from choosing a white school, parents had been intimidated, the school district had failed to make efforts to prepare the community for desegregation and had not followed the guideline vital to its success. Recently the Department administrative hearings parents testified of night riders shooting into their homes, that insurance on their homes was canceled for no apparent reason after they enrolled in white schools and their children as well as themselves had been harrassed and threatened. They spoke of losing their jobs, their credit, and sometimes their homes when they chose a white school. The transcript of these hearings gives a more vivid picture of community attitudes than anything I might say. During field review where progress is not sufficient to carry out the efforts of title VI, renewed efforts, voluntary efforts, implicit in this duty, in this responsibility is a duty to make suggestions and recommendations to school districts of steps that they might take in order to proceed with school . and the effort is made to tailor the suggestions and recommendations to meet the problems of each particular district. For example, where a district must bus its white or Negro students on the basis of their work to a o school district to be educated, it would be recommended that this practice cease and all the children be educated in their home district. The courts have ol. districts to take such action even prior to the Supreme Court's decision of 1954. Where districts are o operating small and adequate segregated schools for Negroes, it has been recommended that these schools be closed and that the students and teachers be reassigned on a nonracial basis. The courts have simpl uired the .#: small inadequate Negro schools. We would not be carrying out the spirit of title VI if we did not suggest to school districts what steps they could take to meet their obligations. Districts are urged to come up with their own plans if all recommendations appear inappropriate to them. Over 600 desegregation plans have been reviewed for the current school year. As of now approximately 100 of these plans have been found ineffective to eliminate the dual school system. In approximately one-fourth of these districts there is absolutely no desegregation of any i. All students and faculty continue to attend schools traditionally serving their race. Recommendations of the staff were rejected by these districts which also refused to sbunit alternative desegregation plans. The Depart