Enrollment in Public Schools (estimated) White Negro Percentage Negro Number of School Districts ALABAMA .790,000 .491,400 .288,600 .37% Number Having Negroes .113 ..113 Folsom allowed to become law without his signature Act No. 201, known popularly as the "pupil assignment law" which provides that local boards of education will assign students to schools on the basis of the following criteria: "Available room and teaching capacity in the Srious schools; the availability of transportation facil ties, the effect of the admission of new pupils upar established or proposed academic programs; the suit ability of established curricula for particular pupia the adequacy of the pupil's academic preparation for admission to a particular school and curriculum; the scholastic aptitude and relative intelligence or menta energy or ability of the pupill; the psychological qua ifications of the pupil for the type of teaching and association involved; the effect of admission of the pupil upon academic progress of other students in a particular school or facility thereof; the effect of admission upon prevailing academic standards at a particular school; the possibility or threat of friction ar disorder among pupils or others; the possibility of breaches of the peace or ill will or economic retaliation within the community; the home environment of the pupil; the maintenance or severance of established social and psychological relationships with other pupils and with teachers; the choice and interest of the pupils; the request or consent of parents or guardians and the reasons assigned therefor." In February, 1956, the legislature adopted the Boutwell "freedom of choice" plan and an implementation act, which along with the pupil assignment act were the only school segregation acts of statewide application. The free choice bili ratified Aug. 27, 1956, provided in part: "The legislature may by law provide for or authorize the establishment and operation of schools by such persons, agencies or municipalities, at such places and upon such conditions as it may prescribe, and for the grant or loan of public funds and the lease, sale or donation of real or personal property to or for the benefit of citizens of the state for educational purposes under such circumstances and upon such cond!tions as it shall prescribe. Real property owned by the state or any municipality shall not be donated for educational purposes except to nonprofit charitable or eleemosynary corporations or associations organized under the laws of the state. "To avoid confusion and disorder and to promote effective and economical planning for education, the legislature may authorize the parents or guardians of minors, who desire that such minors shall attend schools provided for their own race, to make election to that end, such election to be effective for such period and to such extent as the legislature may provide." Local acts, adopted in compliance with the system of legislative courtesy during the 1955 regular session, provided for a similar basis for education in Wilcox County; another provided high license fees for organizational solicitors in Wicox County; and others permitted firing of teachers who advocated desegregation in Macon and Marengo counties, despite teacher tenure laws. Interposition resolution holding Supreme Court decision "null and void" and other resolutions of protest also were adopted. The 1957 legislature adopted three measures, two strengthening the Pupil Assignment and "Freedom of Choice" laws, the third guaranteeing teacher benefits under proposed private school plans. Alabama Alabama Banks v. Izzard (District court ordered "prompt and reasonable start" in Van Buren district, accepted plan to begin process in 1957). Matthews v. Launius (District court ordered Bearden board to submit desegregation plan for "prompt and reasonable start"). Hoxie School District v. Brewer (District court enjoined interference with desegregation, holding Arkansas school segregation laws invalid. Affirmed by 8th Circuit Court of Appeals). Chancery Court case brought by Mrs. Clyde A. Thompson seeking to enjoin implementation of Little Rock desegregation plan. Injunction granted by chancery court then set aside by federal district court. Kay Wilbern v. Little Rock School Board, sought transfer of white student from desegregated school. Mandamus denied. State of Arkansas v. NAACP, sought to collect $50 per year corporation franchise tax for sevenyear period of operation of organization in state. State of Arkansas v. NAACP Legal Aid and Education Fund Inc., sought $5,000 penalty for organization's failure to register with State Sovereignty Commission. 40361 0-59-pt. 3—2 Roland Smith et al v. Orval Faubus et al and State Sovereignty Commission, filed by NAACP attacking validity of 1957 legislation establishing commission and requiring registration. Ex parte suit filed by W. F. Rector in Pulaski County Chancery Court seeks to determine validity of four 1957 segregation laws. Aaron v. Cooper, federal courts approved Little Rock gradual desegregation plan. Judge Ronald Davies, with jurisdiction over this case, set aside Pulaski County Chancery Court injunction staying plan, issued general orders against interference with plan and specific orders to Gov. Faubus and National Guard commanders to cease interfering with desegregation program. School board's plea for 22-year delay of desegregation granted by federal district court; overruled by 8th Circuit Court and Supreme Court. Jackson v. Kuhn. 8th Circuit Court asked to overrule district court dismissal of suit seeking removal of troops from Central High School and to order three-judge court to hear case. Two suits filed in Pulaski County Chancery Court to test Act 4, providing for closing schools, and Act 5, providing for re-routing state school funds to private schools. Pro-segregation Groups White America (dissolved as state organization but local chapters still function independently and are affiliated with Association of Citizens Councils of Arkansas). Association of Citizens Councils of Arkansas, which embraces local chapters of White America and White Citizens Councils. Citizens Committee Representing Segregation in the Hoxie Schools. Mothers League of Little Rock. Educational Fund of the Capital Citizens Council, Little Rock. Christian Alliance, Little Rock. Pro-integration Groups Arkansas Council on Human Relations NAACP Greater Little Rock Improvement League Legislative Action Adopted in November, 1956, by referendum: 1) Initiated act empowering local school boards to assign pupils for reasons other than race. 2) Constitutional amendment declaring U. S. Supreme Court decisions null and void. 3) Resolution declaring state policy of interposition; other states asked to join. Four bills designed to preserve segregation adopted February, 1957, signed by Governor: 1) Creates a state sovereignty commission with broad powers to investigate matters involving segregation. 2) Requires organizations taking action in segregation matters to register with the commission. 3) Removes the requirement, if schools become integrated, that children attend school. 4) Authorizes school districts to hire legal counsel with school funds to defend them in integration suits. Sixteen bills were adopted by the special legislative session of August 1958. Fifteen of the bills were signed into law Sept. 12 to: 1) Shut down schools faced with integration and provide an election within 30 days to determine whether voters want them to stay closed or reopened on a desegregated basis. 2) Withhold state funds from integrated schools and turn over the money to either private or public schools which the students elect to attend. 3) Permit students to transfer to another school of their own race. 4) Assert that no student shall be denied the right to enroll or receive instruction because he refuses to attend integrated classes. This was interpreted to mean that classes could be seg regated within an integrated school building 5) Appropriate $100,000 for the governor to mee expenses connected with the bills. This m cludes $6,250 for a special assistant to the gov ernor and $75,000 for the cost of holding schoo district elections. 6) Require a loyalty oath of school teachers and officials which would have them spell out the organizations to which they belong. 7) Provide certain changes in the school taxe which would give some assistance to schoo districts. 8) Allow recall of school board members if I per cent of a district's voters petition for recall election. 9) Withdraw the power of certain types of or ganizations to act as attorneys for individual 10) Prohibit unauthorized persons from entering school premises. 11) Require organizations aiming to interfere with state control of public schools to submit a list of members and other information to county clerks. 12) Make easier the legal processes required for search of the records of organizations by the attorney general's office. 13) Strengthen the state's anti-barratry laws making it illegal to solicit lawsuits or to caus acts of violence directed specifically toward causing a lawsuit. 14) Appropriate $19,200 for the attorney general! office for additional financial aid in integration suits. 15) Prevent any organization other than legal aid societies from representing a client in a lawsuit without cost to the individual. Arkansas Arkansas Data in the table above is for the 1956-57 school year. While such a detailed breakdown is not available yet for the current year, initial reports indicate no new districts desegregated, but an increase to 4,497 in the number of Negro students actually in mixed classes. In 1958 Hockessin and Alexis L. DuPont school districts were consolidated, reducing the number of mixed districts to 12. Five all-white school districts in New Castle County have announced they will accept students without regard to race. They are Oak Grove No. 130, 1,510 pupils; Richardson Park No. 20, 993; Yorklyn No. 291, 90; Stanton No. 38, 690; and Mount Pleasant Special School District, 3,267. Colleges The University of Delaware, only formerly all-white tax supported college in the state, has been accepting students for several years without regard to race. Official State Attitude Pro-integration at state level; varied but generally leaning toward desegregation at local level, except in South Delaware. Court Actions In eight cases (Civil Actions 1816-1822) filed May 2, 1956 on behalf of 58 Negro children, federal district court in August, 1957 enjoined practice of segregation and ordered State Board of Education to devise plan for desegregating all schools in the state. Review denied by U.S. Supreme Court. Dennis et al v. Baker et al, seeks to speed and broaden desegregation already begun in Dover. Pro-segregation Groups Christian Americans Segregation Association, Inc., We, the People, Charles E. Boyce, Seaford NAACP Legislative Action None directly. But 1957 legislature adopted laws regulating transfer of pupils akin to pupil assignment laws. |