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The States' annual reports did at one time include information with respect to training provided for Negroes. This material was deleted from the reports on the basis that there should be no separate reporting according to race. Hence, the reports cannot be used to determine equality of opportunities for Negroes and whites.

6. Has your Office ever requested special State reports with reference to equality of vocational education opportunities for white and Negro students, and, again in view of the decision, progress in the desegregation of vocational education programs?

The Division of Vocational and Technical Education has never requrested special State reports with reference to the equality of vocational education opportunities for white and Negro students. We are planning a special report to obtain such information.

7. In view of the reply from the Office of Education that this information is not available to you, are we correct in concluding that State plans received by you present none of this detail?

You are correct. State plans do not present the type of detail of significance to desegregation. The equality of vocational education programs cannot be judged by material in the State plan.

8. How can this condition exist in view of the statement of a policy of nondiscrimination as presented in the rules and regulations which we have discussed in questions above?

Our answer to your fourth question applies here also. In view of the fact that the Federal vocational education acts do not provide for the withholding of funds because of segregation of classes and do provide that when a State has qualified by having an approved plan, the funds are automatically forwarded to a State at a certain time in each fiscal year.

Sincerely yours,

W. M. ARNOLD,

Assistant Commissioner for Vocational and Technical Education.

RECOMMENDATIONS

The ad hoc subcommittee conducted hearings for a period of 14 days at which 30 witnesses presented oral testimony and 9 submitted written statements. These witnesses included Members of Congress; representatives of governmental agencies and departments; administrators of institutions of higher education; executive officers of national and regional organizations concerned with the problems of school segregation-desegregation; superintendents of schools; and other interested citizens.

On the basis of the testimony at these hearings (presented in a separate volume of the report of the subcommittee's action) and investigative findings (presented in this volume), the ad hoc subcommittee respectfully submits the following recommendations:

(1) That Congress enact H.R. 11707 as favorably reported by the Committee on Education and Labor (introduced by Representative Daniels on May 2, 1962).

This bill would amend the act of August 30, 1890, to eliminate provisions thereof authorizing Federal contributions for the maintenance of schools of higher education in which racial segregation is practiced.

It would likewise provide that institutions which were created pursuant to the act of 1890 and entitled to receive benefits under its provisions would continue to be so entitled. By adding this proviso to H.R. 11707, Negro land-grant colleges, which were created pursuant to the 1890 act, would be treated the same as the white land-grant colleges which were born out of the original Morrill Act of 1862.

(2) That Congress enact H.R. 10056 (introduced by Representative Joelson on February 5, 1962, and reported out of the subcommittee on May 2, 1962).

This bill would amend Public Laws 815 and 874 in order to deny Federal funds granted under these laws to any local educational agency which the Commissioner of Education determines is not operating its schools and admitting students thereto on a racially nondiscriminatory basis, or is not making progress toward that end with all deliberate speed.

(3) That the Smith-Hughes Act be amended so that Negro secondary school students may be given training in vocations where there is available employment even though such employment may be denied to them at the present time because of their race.

(4) That Congress enact H.R. 11665 (introduced by Representative Bailey May 9, 1962, and reported out of full committee May 10).

This bill would amend the National School Lunch Act so that the provisions of the bill would include a larger number of children from families in the lower income brackets. It also deletes from the School Lunch Act the "separate but equal" doctrine which is inconsistent with the 1954 Supreme Court decision.

(5) That an appropriate subcommittee of the Committee on Education and Labor conduct a comprehensive study of proposed legislation

which would provide for the desegregation of all public schools with all deliberate speed pursuant to plans which would be filed with the Secretary of Health, Education, and Welfare. Eight bills dealing with this subject have been introduced. An analysis of these bill is included in the appendix.

(6) That an appropriate report be forwarded to the Agriculture Committee recommending that the Hatch Act of March 2, 1887, as amended (24 Stat. 440-442), be amended so that research funds under this act will be divided among all of the land-grant colleges in each State.

(7) That a comprehensive study be made of all land-grant colleges by the appropriate executive agency or department in order to stimulate wiser utilization of available Federal funds in the education and training of students.

(8) That the Office of Education of the Department of Health, Education, and Welfare immediately institute a clearinghouse on all educational aspects of school desegregation.

(9) That the policy of nondiscrimination on the basis of race with respect to the availability of the Language Institute and Counseling and Guidance Training Institutes be extended to all other programs under the National Defense Education Act.

Respectfully submitted.

DOMINICK V. DANIELS, Chairman.
EDITH GREEN.

JAMES ROOSEVELT.

HERBERT ZELENKO.

JOHN H. DENT.

RALPH J. SCOTT.

CHARLES S. JOELSON.

PETER FRELINGHUYSEN, Jr.

ROBERT P. GRIFFIN.

PETER A. GARLAND.

JOHN M. ASHBROOK.

BIBLIOGRAPHY

American Association of Land-Grant Colleges and State Universities. Landgrant fact book. Centennial edition. Washington. [1961]. Various pages. Barr, Arvil S., and others. Educational Research and Appraisal. New York. Lippincott. 1953. Various pages.

The Courts and racial integration in education. in Journal of Negro Education: A quarterly review of problems incident to the education of Negroes. Vol. XXI, No. 3, Summer, 1952. Washington, Howard University Press, 1952. 444 pages.

De Facto public school segregation. by Will Maslow. in Villanova Law Review, Volume 6, No. 3. Spring 1961. Pages 281-450.

Desegregation and the Negro college. in Journal of Negro Education: A quarterly review of problems incident to the education of Negroes. Vol. XXVII, No. 3, Summer, 1958. Washington, Howard University Press, 1958. 435 pages. Dornbusch, Sanford M., and Calvin F. Schmid. A primer of social statistics.

N.Y. McGraw-Hill. 1955. Pages 75 and 122. Equal protection in public education: 1954-61. in American Association of University Professors Bulletin, Vol. 47, No. 3, Autumn 1961. Pages 197-206. Goode, William J., and Paul K. Hatt. Methods in social research. New York. McGraw-Hill. 1952. Various pages.

Maslow, Will and Richard Cohen. School segregation, northern style. Public Affairs Pamphlet No. 316. 22 E. 38th St., New York 16, N.Y. 20 pages. New York City. Board of Education. Toward greater opportunity: a progress report from the Superintendent of Schools to the Board of Education dealing with implementation of recommendations of the Commission on Integration. New York, The Board, 1960. 196 pages.

The Problems and responsibilities of desegregation. in Notre Dame Lawyer, A Quarterly Law Review. Volume 34, No. 5, Symposium, 1959. Pages 607-794. Race Relations Law Reporter, Vol. 2, No. 4, Aug. 1957. Nashville, Vanderbilt University School of Law, 1957. (pp. 776-924)

Vol. 6, No. 3, Fall, 1961. Nashville, Vanderbilt University School of Law, 1961. (pp. 667-934) Rivlin, Alice M. Role of the federal government in financing higher education. Washington. Brookings Institution. 1961. 179 pages.

Southern Education Reporting Service. Statistical summary of school segregation-desegregation in the southern and border states. Nashville, Nov. 1961 (Updated Feb. 1962). 49 pages.

U.S. Commission on Civil Rights. Education: Book 2, Report for the Year 1961. Washington, U.S. Govt. Print. Office, 1961. 254 pages.

Equal protection of the laws in public higher education: 1960. Wash

ington, U.S. Govt. Print. Office, 1961. 355 pages.

U.S. Congress. Act of August 30, 1890. (Second Morrill Act).

Providing for

the further endowment and support of colleges of agriculture and mechanic arts. U.S. Office of Education. Education directory, 1961-1962. Part 3. Higher Education. Washington, U.S. Govt. Print. Office, 1962. 217 pages.

1961.

June 30,

Eleventh annual report of the Commissioner of Education.
June 30, 1961. Administration of Public Laws 874 and 815. Wash-

ington, U.S. Govt. Print. Office, 1962. Various pages.

Grants-in-aid and other financial assistance programs administered by the U.S. Department of Health, Education and Welfare. Washington, U.S. Govt. Print. Office, 1962. 227 pages.

Federal funds for education. 1958-59 and 1959-60. Washington,

U.S. Govt. Print. Office, 1961. 247 pages.

Research projects of the cooperative research program: A five-year summary. July 1, 1956-September 30, 1961. Washington, U.S. Govt. Print. Office. 1962. Various pages.

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Statistics of land-grant colleges and universities. Year ended June 30,
Washington, U.S. Govt. Print. Office, 1961. 150 pages.

Statistics of land-grant colleges and universities. Unpublished data

for year ended June 30, 1960.

Vocational education in the next decade: proposals for discussion. Washington, U.S. Govt. Print. Office, 1961. 197 pages.

APPENDIXES

APPENDIX A

DEFINITION OF TERMS

A

Accreditation: "In the United States no single agency, public or private, assumes responsibility for the control or supervision of educational institutions. The States exercise varying degrees of control, but permit institutions of higher education to operate with considerable autonomy. As a consequence, the institutions vary widely in the character and quality of their programs. device known as accreditation has developed through which State, regional, and nationwide agencies have established criteria and evaluate institutions with a view to determining whether programs of educational quality are being maintained.

"The accrediting procedure consists of four steps: Establishment of criteria, evaluation of institutions by competent authorities to determine whether they meet established criteria, publication of a list of institutions that meet the criteria, and periodic reviews to ascertain whether accredited institutions continue to meet the criteria. Institutions which are accepted by an accrediting agency or association as meeting its criteria are said to be accredited or approved. The best available method of ascertaining the general standing or quality of an institution of higher education in the United States is to examine its accredited status.

"Institutions with liberal arts and general programs and, in some cases, those with special programs are accredited by six regional accrediting associations.” 1 Accrediting associations: The regional accrediting associations represented throughout the report are:

E: New England Association of Colleges and Secondary Schools.
M: Middle States Association of Colleges and Secondary Schools.
N: North Central Association of Colleges and Secondary Schools.
NW: Northwest Association of Secondary and Higher Schools.
S: Southern Association of Colleges and Secondary Schools.
W: Western College Association.2

Biracial schools: Schools attended by more than one race.3

De facto segregation; de jure segregation: These two conditions of segregation may best be understood by a definition of the terms de facto and de jure themselves.

De facto: "In fact, indeed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs which must be accepted for all practical purposes but is illegal or illegitimate. In this sense it is the contrary of de jure, which means rightful, legitimate, just or constitutional." 4 "In fact, actual (regardless of legal or moral considerations)." 5

De jure: "Rightful, legitimate, just, or constitutional."

accordance with law: as, de jure government." 7

"By right: in

Desegregation: This term refers to schools which have changed from segregated schools to biracial or multiracial status, either in practice or in principle. Desegregation action: Terms indicating the manner by which a given school or institution of higher education became desegregated.

C.: Desegregated by court order.

V.: Desegregated through voluntary action."

1 U.S. Office of Education, Higher Education Directory, pt. 3, U.S. Government Printing Office, 1962, pp. 1-9.

2 Ibid.

Based upon information in Southern Education Reporting Service, "Statistical Summary of School Segregation-Desegregation in the Southern and Border States," November 1961, updated, February 1962. Black's Law Dictionary, 4th edition, 1951.

Webster's New World Dictionary. College edition. 1959.

Black's op. cit.

7 Webster's op. cit.

Southern Education Reporting Service. Op. cit.

Ibid.

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