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ERIC Number: ED001930
Record Type: RIE
Publication Date: 1963-Jun
Pages: 60
Abstractor: N/A
Reference Count: N/A
ISBN: N/A
ISSN: N/A
CIVIL RIGHTS, U.S.A. PUBLIC SCHOOLS--SOUTHERN STATES, 1963, NORTH CAROLINA.
DAY, RICHARD E.; AND OTHERS
IN A REPORT PUBLISHED IN 1962, IT WAS CONCLUDED THAT TOTAL SCHOOL DESEGREGATION IN NORTH CAROLINA WAS NOT LIKELY IN THE FORSEEABLE FUTURE UNLESS FORCED BY COURT DECREES. THE BASIS FOR THE PREDICTION WAS THE HISTORY OF APPLICATION OF TWO ACTS--THE PUPIL ASSIGNMENT ACT, WHICH TRANSFERRED AUTHORITY OF PUPIL ASSIGNMENT TO LOCAL SCHOOL BOARDS, AND THE PEARSALL PLAN, WHICH PROVIDED "SAFETY VALUES" TO ASSURE ESCAPE POSSIBILITIES FOR INTOLERABLE SITUATIONS. A YEAR AFTER THE FIRST REPORT, THE NEW APPROACH TAKEN BY THE COURTS, PARTICULARLY THE "DURHAM" AND "CASWELL" CASES, TOGETHER WITH AN AWAKENING OF NEGROES TO THEIR CIVIL RIGHTS, POINT TO A GROWING DECLINE IN SCHOOL SEGREGATION. SEVERAL COUNTIES IN WESTERN NORTH CAROLINA, YANCEY AND TRANSYLVANIA AMONG THEM, HAVE BEEN ORDERED BY FEDERAL DISTRICT COURTS TO DESEGREGATE THEIR PUBLIC SCHOOLS TO PERMIT THEIR NEGRO STUDENTS TO REMAIN IN THE COUNTY RATHER THAN TRAVEL LONG DISTANCES TO OTHER COMMUNITIES WHICH HAVE NEGRO SCHOOLS. THE "CASWELL" AND "DURHAM" DECISIONS HELD THAT, IF A SCHOOL BOARD'S POLICY UNDER THE PUPIL ASSIGNMENT ACT IS ONE OF SEGREGATION, A PLAINTIFF NEED NOT EXHAUST HIS ADMINISTRATIVE REMEDIES, AS OUTLINED IN THE ACT, IN ORDER TO BRING A SUIT BEFORE COURT AND PROHIBIT FURTHER DISCRIMINATION. WHILE SOME PROGRESS HAS BEEN MADE, THE COURT OF APPEALS STILL RETAINS THE DISTINCTION BETWEEN ENFORCED SEGREGATION AND ENFORCED DESEGREGATION. THE PRESENT INTERPRETATION IS THAT SEGREGATION IS PROHIBITED BY INTEGRATION IS NOT REQUIRED. THE "FREE CHOICE" PLAN FOR VOLUNTARY INTEGRATION HAS BEEN USED IN CASWELL COUNTY AND CHARLOTTE-MECKLENBURG, BUT NEGRO RESPONSE HAS BEEN LIMITED.
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Identifiers: DISTRICT OF COLUMBIA; NORTH CAROLINA; North Carolina (Caswell County); North Carolina (Durham County); United States (South)