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A Statistical Summary, State-by-State, of Segregation

Desegregation Activity Affecting Southern

Schools from 1954 to Present, Together

With Pertinent Data on Enrollment,

Teacher Pay, Etc.

Published
by

SOUTHERN EDUCATION REPORTING SERVICE
P.O. Box 6156, ACKLEN STATION
NASHVILLE, TENNESSEE

(All rights to this material are reserved. The summaries were compiled by the 19 state correspondents of SOUTHERN SCHOOL NEWS, which should be credited. SOUTHERN SCHOOL NEWS is published by Southern Education Reporting Service, an impartial, fact-finding agency directed by a board of Southern newspaper editors and educators under grant from the Fund for the Advancement of Education.)

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THE REGION

.12,630,344 (Includes 1958 figures or estimates where available, 9,660,000 1957-58 enrollments where current data not available.)

2,970,344

.23.5%

Number of School Districts

8,677

Number Having Both Races

2,892

Number Desegregated

790

Number Still Segregated

2,102

Number of Teachers (estimated)

.442,110

White

.349,734

Negro

92,376

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ALABAMA

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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 various schools; the availability of transportation facilities, the effect of the admission of new pupils upon established or proposed academic programs; the suitability of established curricula for particular pupils; the adequacy of the pupil's academic preparation for admission to a particular school and curriculum; the scholastic aptitude and relative intelligence or mental energy or ability of the pupil; the psychological qualifications 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 or 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 bill 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 conditions 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 Wilcox 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

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Public Colleges-Negroes may attend all 8 state colleges at graduate and undergraduate levels. Estimated Negro enrollment in previously allwhite colleges, 33.

Private Colleges-Philander Smith, Negro, has had white students. No integration in any other private college.

Official State Attitude

Pro-segregation. Petitions Filed-15

Little Rock, Pulaski County Special (rural), New-
port, Dermott, Bearden, DeWitt (District 1), Hot
Springs (District 6), West Memphis (Hulbert
District), Earle. Crawfordsville, Pine Bluff, Fort
Smith, Lake Village, Van Buren, North Little
Rock.

Court Actions

Banks v. Izzard (District court ordered "prompt
and reasonable start" in Van Buren district, ac-
cepted 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, hold-
ing 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 fed-
eral 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.

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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 injunc-
tion 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 2-year delay of de-
segregation 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 segregated within an integrated school building. 5) Appropriate $100,000 for the governor to meet expenses connected with the bills. This includes $6,250 for a special assistant to the governor and $75,000 for the cost of holding school 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 taxes which would give some assistance to school districts.

8) Allow recall of school board members if 15 per cent of a district's voters petition for a recall election.

9) Withdraw the power of certain types of organizations to act as attorneys for individuals. 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 cause acts of violence directed specifically toward causing a lawsuit.

14) Appropriate $19,200 for the attorney general's 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

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