DOCUMENT RESUME

ED 134 641 UD 016 689

, TITLE Emergency School Aid Hearings Before a Subcommittee

of the Committee on Appropriations, United States

Senate, Ninety-Fourth Congress. Second Session.

Special Hearing.

INSTITUTION Congress of the U.S., Washington, D.C. Senate

Committee on4Appropriations.

PUB DATE 76

NOTE 67p.

EDRS PRICE MF-$0.;83 HC-$3.50 Plus Postage.

DESCRIPTORS *Educational Needs; Educational Problems; *Federal

Aid; Federal Court Litigation; Federal Government;

*Federal Legislation; Financial Support; Integration

ffects; Integration Litigation; Integration Methods;

Integration plans; Public Schools; School Districts;

*School Integrdtion; *School Support

IDENTIFIERS Kentucky (Louisville); Massachusetts (Boston)

ABSTRACTThe purpose of these hearings was to hear testimony

on an amendment to the Emergency School Aid Act proposed by-Sbnator

Jackson. This amendment would provide 50 million dollars in

discretionary funds to the Commissioner of Education. These funds . could be used in,areas having special problems with school

integration. Testimony was given on the needs and problems of two

_desegregating school systems: the Louisville-Jefferson combined

school system in Kentucky, and the Boston, Mass., public'schools. The

needs and problems Of the Cleveland, Ohio pulAio schools were also

discussed in testimony. The following congresSiOn4l witnesses gave

testimony: the Hon. E. Brooke, U.S. Senator from Massachusetts; the

Hon. H. Jackson, U.S. Senator from Washington; and\t Hon. E.

Kennedy, U.S. Senator from Massachusetts. The Hon.K. Ws te Mayor,

Boston, Mass, also testified. Letters, telegrams and prepa d

statements were received from government officials ind privat

citizens affiliated with such organizations as: kelt Detroit, Inc.-

the Detroit public schools; the\Omaha Nebraskavipublic schools;

-Equal-l-dien-fional Opportunity Program, Departent ofJlealth,

Education, and Welfare; Jefferson County. and Louisville, Kentucky;

the Clevefand, Ohio, public schools; the Boston' School Committee and

the Boston City Council. (Author/AM)

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.1; EMERGENCY SCH OL AID

rc,t

HEARINGS

BEFORE A

SUBCOMMITTEE OF THE

COMMITTEE _ON APPROPRIATIONS

UNITED STATES SENATE

NINETY-FOURTH CONGRESS

SECOND SESSION

Vrinted for the use Of the Committee on Appropriations

SPECIAL HEARING

U S DEPARTMENT OF HEALTH.

EDUCATION &WELFAR

NATIONAL INSTITUTE Or'

EDUCATION

THIS DOCUMENT HAS BEEN REPRODUCED EXACTLY AS RECEIVED FROM

THE PERSON OR ORGANIZATION ORIGINATING IT POINTS OF VIEW OR OPINIONS

STATED DO NOT NECESSARILY REPRESENT OFFICIAL NATIONAL INSTITUTE OF

EOUCATION POSITION OR POLICY

U.S. GOVERNMENT PRINTING OFFICE

1;9 - 2.76 i, WASHINGTON : 1976

2
COMMITTEE ON APPROPRIATIONS

SUDCOMM iTTEE ON DEPARTMENTS OF LABOR AND 'HEALTH, EDUCATION, AND

WELFARE AND RELATED AGENEIE6

WARREN G. MAGNUSON, Washington, Chairman

JOHN C. STENNIS, Mississippi

ROBERT C. BYRD, West 'Virginia

WILLIAM PROXMIRE, Wisconsin

JOSEPH M. MONTOYA, New Mexico.

ERNEST F. HOLIANGS, South Carolina

THOMAS F. EAGLETON, Missouri

BIRCH BAYH, Indiana

LAWTON CIIILES, Florida

JOHN L. McCLELLAN, Arkansas, ca.' officio

EDWARD W. BROOKE, Massachusetts

'CLIFFORD P. CASE, New Jersey

HIRAM L. FONG, Hawaii . TED STEVENS, Alaska

RICHARD S. SCHWEIKER, Pennsylvania MILTON It. YOUNG, North Dakota,

ex officio

Professional Staff -

HARLEY M. DIRKS

Dom itcsclo

JIM SOURWINE

TERRY LIERMAN

SAM HUNT

GAR EADANONVICH (Minority Staff)

(n)
CONTENTS

WEDNESDAY, FEBRUARY 25,.1070 . . \ iNtge.

Statement of Hon. Edward W. Brooke, U.S. Senator from Massachusetts__ 1

Statement of Hon. Henry M. Jack Son, U.S. Senator from Washington__ 3

Telegram from Frank .1. Kel IQ', attorney general, Michigan 5

t-. --. Telegram from.Lawrence I'. Doss, President, New Detroit. Inc .., Telegram .from Arthur Jefferson, general superintendent, Detroit Public

Schools ,, 5

Telegrazn frozn-Owen A Knutzen, snperintendent, Oninha Public Schools 6

Statt;of Hon. Edward M. Kennedy, U.S. Senator from Massachusetts 7 . . Prepared statement . .10

Statement of Hon. Kevin II. White. mayor, Boston, Mass 14

Prepared statement_ 17

Letter from 20

Letter from Berman It. Goldberg, Associate Cmninissioner for Equal Eduentbmal Opportunity Program. -Department of Health, Education.

and Welfare 23

Prepared statement of William .1 Bellinger, research and development

coordinator. Jefferson County, Ky 25

Prepared state ent of Hon. Harvey I. Sloane. mayor, Louisville, Ky 31

Prepared staten ent of Paul W. Briggs, !.Mperintendent of schools, Cleveland, Ohio ._ 34

Letter front Members of the Boston City Council, Boston..Mass -, 43

Prepared statement of Louise Day Hieks, president, Boston City Council. Bosten, Mass ,. -4.4'

Prepared statement of. John McDonough. chairman. Boston School Com- mittee. Boston, Mass. 47

Prepa red statement of Hon. Joe Moakley. State representative,

Massachusetts 48

Letter from Hon. Henry M. jackson, U.S. Senator from Washington 50

.t. .

. . Mummy, FEBRUARY 20. 1070 f ...... Statement of Rudolph F Pierce, Esq.. Freedom House Coalition. 13r.don:

Mass: 53

4

t,
EMERGENCY SCHOOL AID

WEDNESDAY, FEBRUARY 25, 1976

. U.S. SENATE,

SUBCOMMITTEE ON DEPARTMENTS OF LABOR AND

HEALTH, EDUCATION,_AND WELFARE

AND RELA;rED AGE3cCIES,

Washington, D.C.

The subcommittee met at 2 p.m., in room 1114, Everett-McKinley

Dirksen Office Building, Hon. Warren G. Mar-nuson (chairman)

presiding. I'resent : Senators Magnuson and Brooke. , DEPARTMENT OF HEALTH, EatTCATION, AND WELFARE

AMENDMENT TO EMERGINCY SCHOOL AID ACT

CONGRESSIONAL VITNESSES

Senator MAGNUSON. The subcommitt e will come to order.

We will now hear- testimony on an Imendment submitted to this

subcommittee for' the upcoming se&mc Implemental appropriation

bill. Senator Jackson has proposed an amendment for an additional $50

million for emerfiency schOol aid. The currenefunding level for this

account is $241 million, and the President's bndget for next'year, fiseal

yea r 1071, is $249 million. Senator Jackson and our colleague,. Senator ICennedy,--are'here, to

discussi the proposed amendment: the amendment would proVide additional -discretionary funds which could be targeted on areas having \ special problems with deser:regation, such as Bostun and LonisVille.

This subcommittee is. now holding- hearings with HEW on the 1077

udget. The budget request. proposes to shift funds, $10 million, away

fi.ont State grants into the Commission's discretionary fund. ..eriator Brooke, who is ranking Republican on our suhcornittee,

woUld like to say a few words at this point.

/

/ PRIORITIES FOR EMERGENCY .SCIM f, AID PROGRAM

/ Senator Broom:. Thank you Mr. Chairman. I We can rejoice in the fact I-flat we have saved the emercrency scho 1

/

o

aid program frmn rad ichl ehange or obTivion. bnt it is »ot vet the fully

effective, tool we ne dealing with problemS incident to school

desenTerration. /

I-, I-,
2 a

1 a.

...Our first 11'iwity itt, this,t itiAe last. year was to preVent the dis- mantling of the program which assures each State a proportionate

share of the available fmuls then running at about, $230 million a year. In the place of tliis the admiristrat ion offered-a $75 nullioi proghm

xiPhich plit all of the funds at the dis,posal of the commissioner of

Educat 1011 tO Le used as he saw fit.

Fortunately, Corarress did not po along with this. TiU, members

recognized the importance of providing i*ach Stfite with a base of support. And T. 1)elieve they also recognized that school tlesegregation

not something that -can be resolved over 1 or 2 Years but requires con-

.t humus attent ion ,Ina ion...AC.1M funding. Tints, there reajly was little, i any, support. foi' revamping and rediwing the ESA.pro,rrani. Rather, C.ongress and particularly the Sell-. ate wanted to po in the other direetionstrengthenin-g and e'xpanding

t he effort.

Tn this regard I wps glad to lead the successful Senate effmkt`to pro- vide a more adequate fundi-ng level than the. budget requilsted and even

the House was willing to allow. I am !-dad the,Senate position prevailed

anti bat funding-for both 'fiscal years 1-975 n d-1976 is_at, the $215 million level for t lie ESA °program.--

And I am pleased to report that for fiscal yen t 1977 the adthraistrat ion not only has abandoned its plansfor a truncated ESA program, it

has requested the hio.her level of funding Cougress provided in the last

2 fiscal years. Obvioysly..,;we in ConoTess have. made pn;gress. but problems

'remain. . One orthese centers on the ability of the ESA program to play an

expanding .role. This\ arises as the courts issue additional .orders for

the desegregation of public school systemstahd more communities

look. to ESA for financial assistance during the transition to unitary

scgmls. - Under )resent law. each State receiVes its ESA allocation on the

hasis formula directly related io its number of minority children bet w en fie agas of 5- and 17..This means that mnre than one

city n a State may qualify for ESA. the basic level of funding stays pnt v much The sante becanse of the nonulationi factor..

Cd,gress. of crarrie. mariherease fundrhg for The Progeam..but any

addittarariliffiatints must be spread amon, 50 'Sfiifes. Tt is possible -to ' secure add it ional funds t hrouoll redistribution of Money not used by

other States or through the Comillissiloner's 5 percent discretionary

fundcalled special programs and pr&jeets. TIowvver. this provides only about. $10 million :rad at present. its resources ;ire in great demand.

BOSTON. MASS.. EXAMPa:

Boston 'nrovidesit 'prime etinrinle of the problem we are dealing with. While. Massachusetts is erititled to slieittly more than $1 million

trader ESA. I3oston has ,Tsked the Fedehl Government for at least $8 million and recently tfil figure Of $15 million has anpeared in the

press:

, \ Even if Boston were to qet the entire State allOcationaud this is by no means certain-2--it still would be short of it's stated need by some..

$77 million.
1 3

u .

.., rim sure this sitUation is repeated in other Stat swhere some cities.

get' help, but 'other,. possibly equally needy cb mnities ,are left to

fend for themselves ,' - With public school desegregation ordered or about to be Ordered in a

number of cities,: it is essentitel that Sufficient fundsbe avairable to-assist

in this al wayS difficult, sometimes,explosive, process. .;

. . . .

,

. . EXPANSION OF COMMISSIONER'S DISCRETIONARY FUND , , .1 have tome to the conclusion that we not onlymust make 'Mere

money available for ESA, but we must be in a position to target it on

cities with the greatest need in this problem area. I believPwe can do

thiS.by expanding the Commissioner's discretionary; fund so as to provide the necessary flexibility for 'dealing with such special situations

as Boston and t le Louisville-Jefferson County combined school system

in Kentucky. k 6 ' Thus. I am glad today's witnesses appear .to.be in support of tliis

approach,Ind will help our subcommittee Make the necessary record for

taking act ion on ESA both in the.second supplemental appropriations

bill and again in the. regular fiscal year 1977 Labor-HEW bjll. . I. also am pleased that the administration çis asking .autiwrity to

.expand thb Commissioner's discretionary fund to from 5,to lnercent.

This puts us in a strong position to ask Congress to agree to take such .

a step.

INCREASE IN DISCRETIONARY Frmtps

The precise amount of additional money that is neceisary is not yet

clear. Wlile the Senator from Washington State, Mr. Jackson, advocates aTatra $50 million for ESA,,he may be asking, for more than

the foithcoming Labor-HEW budget, ceiling will allow for fiscal 1977.-

On the other h.and, we may Web -. to et by with an additional $30

million if we increase the Commissh s dismetiobary fund an extra

5'percent above the administrlition requestto 10 percent.. This would

provide some $36.7 million for discretionary use:From the information

available to me, this appears to be sufficient .to meet the justifiable needs

Of school.distriets with the greatestproblenis in this area.

I also am considerino; a provision .making some or all- of -the discretionary funds ,\Available only a eedtd. Any additional amoiint riot

required for special. situations -ould be redistribUted -to all of the

States under the'ESA formula.

I believe such .-chanffes would helpto make th.e ESA program more effective and more use.eful in the futiire. As I have iri the past, I will

be glad again to play a leadership role in this matter on our Labor-

, HEW Subcommittee. I hope I can, count on the continued support of

today's witnesses, as wr deal with ESA_ in the Months, ahead.

SPECIAL PMDRGENCY APPROPRLMON

TATEMEN2 QF HON. HENRY M. JACKSON, -It& SENATOR FROTE

. WASHINGTON . P

. --

, . Senifor M,VGNUSON. Our first witness on flris request, which has been

-proposed 13y myself, Senator Jackson, who is on the proposed amend-

, - .

. . g **

s
4

merit .for an additional $50 million for American school aid. We are

glad to hearlrom Senator Jackson.

Senat-6r JACKSON. I want:to especial4r thank you, as chairman of the coMmittee, -for the expeditious way in, which you have arranged for

this hearing this afternoon. I think it -Ries show, Mr. Chairman, that Congress can m9ve sWiftly when crises threatens.

PISCAL oliAOS IN U.S. CITIES

That filbal chaos faces Boston because ;of court-ordered- busing is beyond, I think, beyond question:

To comply with the orders of the courtS, Boston is faced with a $30 million deficit this year alone. Louisville, Cleveland, and`Detroit face

similar financial disarray, although their situations are not.yet aS acute

as that of Boston.

It is a simple fact that these cities are faced with vastly increased property taxesor curtailment of- essential eduCatiQnal servicesunless there receive financial Ad from the Federal Government. Clearly, we must not add to the 'educational aroblems faced by the children

of these cities. The children have suffered enough. t

AID PROGRAM FROM FEDER.AL GOVERNMENT

It is proper that the Federal Government should help pliy the bill: The Emergeney Schoql Aid Act Of 1972 was enacted. Mr. Chairman, part for just. this partihilar purpose. The Problem is that the Ford

administration has failed to request nearly, enough rmtaley from COngress to meet the special needspf these cities.

It iS for this rezson, that Lam- proposing today that' a special emer- gency appropriation of $50 i11ion be included in the. Second supplemental appropriationS bill now before your subcommittee. I propose . that this appropriation be earmarked ;for discretionary expenditure by. the Commissioner- of Education fo School districts such as Boston's which are involved in a financial crisis resulting from court- ordered desegregation plans. , I urge this subcommittee to give this matter its most setiouS

consideration. fb One .final word. Whether one is for busing or opposed to busing is not. the question Itefore fis today. Many of the witnesses you will be he, ring from have been and are in basic agreement over' the issae of

a cot t-Ordered busing t9 achieve desegregation: But they are united

in upporting this pr osal.

It is mcist encoura mg. I think, for the future 'of their cities, that we have been able to ring them toffether in this common cause. Bv working on this prop am together. thq have demonstrate.d their good

faith. It i limy up to us in the Congress to demonstrate ours.

COIMMUI,:ICATIONS

Mr. Chairman. T would also, like to include into the reford some

wires and cominunications relating to this matter. Senator 'AfAusus. Vithout öblecti on. so ordered.

Senator JACKSON. lank you, Senator,

[The information ollows

8
5

TELEGRAM FROM FRANK J. KELLEY

PMS,SENATOR NENY. M JACKSON CARE ELLIOTT ABRAMS,.DLR

.137 RUSSELL SENATE OFFICE PLaG

WASH/ NG TO N DC RgCEN(LY 1HE DETROIT SCHOOL SYSTEM HAS UNDERGONE DESTAREGATION

RESULTIRI IN SUBSTANTIAL AD)ITIONAL cOSTS TO sUCH SCHOOL 2YSTE.MS.

Ha-WS I WCULD CERTAINLY SUPPORT THE SUPPLEMENTAL APPROPRIATION OF

/50,000,000 TO THE EMERGENCY SCHOOL AID ACT -FOR DISCRETIONARY

ALLOCATION PY THE COMMiSSIONER OF EDUCATION. DETROIT AND,OTHER- LARGE

URBAN SCHOOL S.i.STEMS UNDERGOING DESEGREGATION wpuLn CLEARLY BENEFIT

FROM ADDITIONAL FEDERAL FUNDS TO HELP DEFRAY THE ADDITIONAL COSTS .'

INCURRE IN /NE OFSEGREGATION P.73CES. wouLn YOU 'PLEASE COmmUNICATE

MY VIEWS ON THIS SUBJECT To CPAIRMPT-mArfNUSON OF THE SENATE

AFFROFRIATION CU7COM.IIITTEE 3N LADOR AT? PEALTP EDUCATION AN" WELFe?E

..._ ATTORNEY GENERAL FRANK J KELLEY

TELEGRAMLFROM LAWRENCE P. DOSS

DEAR SENATOR JACKSON THE 0E.Ti;OIT PUBLIC SCHOOLS RECEN1LY BEGAN

IMPLEMENTING A FEDERAL OISTRICT.COURT ORDER CALLING FOR SCHOOL

DESEGREG,ATION. THE COST OF THE TRANSPORTATION AND QUALITY EDUCATION

REDuIREMENTS OF THE ORDER ARE'ESTIMATED TO BE APPROKIHATELY 38

MILLION DOLLARS FOR THE REHAINDERJOF THIS YEAR ANb THt 1978.77

SCHOOL YEAR. THE OETROIT PUBLIC SCHOOL SYSTEM DOES NOT HAVE

SUFFICIENT FuND5 TO MEET THEtOST OF DESEGREGATION UNDER THE COURTS

ORDER. IN THE EvENT ADDITIONAL MONIES ARE ADDED TO THE DISCRETIONARY

FuNC OF THE ASSISTANT SECRETARY'Of EDUCATION-HER.TO BE USED /N

CONJuNCTIoN .ITH THE EMERGENCY SCHOOL ASSISTANCE ACT, THE DETROIT

puNLIC SCHOOL SYSTEH WOULD BE A PANE' CANDIDATE FOR SUCH FUNOS.

LAt,RENCE P uo55 PRESIDENTNER DETROIT INC

TELEGRAM FROM ARTHUR JEFFERSON

'F'13 .STATE H.OUSE vAFpIrrTc-: DC

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6

ImFLFteENTINE T, Flr,1FICa'q ANC ILL REPUIRE THE gCnISITION CF ADDITIO,:LL 1,INA0CILL REEcUPCES. FOR THESF REASCHE THE

SCHOOL DIFTFIET ENDCEE, EC'A1C jCECHF 0=_OPCFAL AND TISHFSTO--

COVVFct 5;1.T7O=T TO ATfl CYEC E YELL AS SENATOR MAC N'T.ISSON,.' C"AIRA" CF T"F (_71-7 A=ROR7IATIV:7 ,URCOmmITTEF.

ARTHOF .:FFFFC=7, 7'1F'rRI.NTEN0T DFT7OIT FU;L1C SCHOCLS

TELEGRAM FROM OWEN A. KNUTZEN

sFNATC,T. CE 137 7,V3FELL OFFICE ?LEY,

ITON DC 2'15

THE' CY.AHA 2c1 tr:DER-ORDET- CF THF FFDF=AL CCURT TO

ItIFLEnNT A D7SE7=FotTICN PLA!.! FY 7,7

CO"ENCF,IE"T T .F 7CyoC!_ Y7A,. T4IE ORDFF z71JI=FE THE

CF ,,:7-Ttn7pq T14 7 707,N2FASF AND '0 FFRAT1Cv CF_ T"F ="7:tD71-fr,"AL F'2NCE FC?

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T"T T 7" 7-- '" '777 D-P!-T'7NT CP ..WFT 1CF , I' " IY:Y L Fl."!DS TO DFFP-!Y 7- --T7-.413FOR,TTIOv C:Dr1-7. 10=ECVER THE Clr:PENT LLO,CAT FOP,muLAS; OF TriE EYEE-OENCY ECH7OL A1.7! TT r7VET:71..? LI 'IT *NE FRCPCRT ION .,OP

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7

PRECEDENCE FOR EAERGENCY Smoot, An)

4f, Senator -1AGNUSON. Do you feel that there is ample precedence for

this sort of 'appropriation.? Senator JAcnsox. Yes.'The law prohibits, of course, assistance to

the school .diStrict tJ pay for the cost' of busing. But, the authorization

of 1972 does przwide, in connection with the .desio-nated fundS, authority' to deal with many related-expenses, as willbbe explained here

by represercatives of the cities involved. They pertain to suckmatters

.'as the cost of extra employees, overtime ;,-that 'sort of thing. I4othink

that the law is -!lear on t hat .point. Anefbelieve.that in'those matters

that certainly are above lind beyora the' contfol of the local people

who have had to face theCOgS, they, the local taxpayers should get

some. relief.

The S'Oecitics will be offered first by Mayor White and by Mr. McDonough. the chairman of the school connnittee in Boston, and then

there will be testimony from the others: Senator MAGNUSON. Our Subconmrittee is currently holding hearirws on the fiscal year 1977 budget. PsAs I understand it though, you sugget that this money. be ...nade

available inunediately and, therefore; shoald be put in a supplemental

bill.

Senator JACKSON. The Senator_is correct,..Thoe are items that have

been incurred since, I believe, last suMmer. Itonity vary .with school

districts.' As explained to Inc by the mayor and, by the chairman of

the school committee. In the case of Boston this gdes back as I recall

to last July. I may be in error about the exact date.

- Senator MAuxusoN. Thank you, Senator Jackson. Senator JAcKsox. Mr. Chairman, I want. to than] theAistinguished

Senator from Massachusetts for _this statement. An l I want to thank

the Chairman once again for his cooperation. Seriator MAoxusoX. We will nov hetTh from the ot ler Senator. from

Massachusetts,. Senator Kennedy.

ADDITIONAL FUNDS FOR TITLE I. ES A

I-

. :STATEMENT OF HON: EDWARD N. HENNEDY:, U.S. SENATOR FRO7ST

7 MASSACHUSETTS

Senator KEN.Nr.wv: Thank yOn very much, Mr. Chairinan, and My

colleague, Seirator Brooke. .; \ . I have a statemert that I would\like filed with the cormnittee, if I

could, .andsl.aM mindful of the timelimitation that you and th6 mem-

' bers of the committee are under today. The purpoSe of my presence here, Mr. Chairman, is.to indicate my

. strong support for the amendmen to add sOme $50 million to the

Emergency School Aid Act, which has been put forward by Senator

Jrickson. And also to urge the :-..ommittee to accept my propoSal to add

--$1-Nnion additional to title' I of the Elementary and Secondary Edu-

-eation Act with which wr. nre very -.familiar. That legislatiOu passed

in'.19firr. and currently is benefiting approximately 15,000 young people in my own city of Boston: yet under the definition of my \rearrest.

INCREASE OF/SI BILTJON PROPOSED

11
to add $1 billion to this act, some 46,000 young people could benefit from that program. Mr. Chairman, the reason for the particular appropriation intro- duced by Senator Jackson i4 a result of the pressure which the school- board is under in the city lof Beston today. I think if you review

exactly what that order suggests word by word, it 'is clear that the Emergency School Aid Act is the appropriate law to deal with the unreal problems in Boston. The Emergency School Act was a result of that special committee on Equal Educational Opportunity that was established under Senator Mondale, which was broadly representative of education and appropriations and other interests, and it has really_ ---. been in compliance with the central thrust of the demand to extend

equsi opportunities to all students, that the city of Boston is substantially in desperate need of aid at this.time,

AREAS TO ADSORB ENUREASED FITTDS

W'e are talkiug about nlaney to pay transitional aides and summer overthne for teacbers, and overtime pay for professional' personnel and for hiring new teachers. In addition as a result of the court order, alterations and nepai itt. need to be made in many of the school buildings. These are all educational burdens, educational burdens which are.

a directresult of Oat court order.

Obviously, the Em'ergency Se'aool Aid Act wasmeant to reaeh those

particular kind of. needs whcrp that law was passed by an overWhelming vote in the Senate(as well as in the House of RepresentativeS. We'are completely justifie4,in requesting appropriations to fulfillAhat par..; ticular nuundate, aixth* mike Chat request not only for the 0ity of

Boston, but..for the other cities as well, Mr. Chairman, other cities in , the North as well..aS in fbe South, are being hard-pressed now to

cmply with the requirements for coMplying with these court decrees. So. Mr. Chairman, I aua hopeful that ire ban get the naoneys that )

have been requested here today under the $50 million request. We hope/ that would result in approximately $15 ndllion or more to be us d

for the educational purposes in Boston.

IMPROVING QUALITY EDUCATION ICJ

I do not need to go into the particular situation that we are facing

in Boston today. But. I would say that both black and white families are interested in iMproving quality education and that is just what we believe could resnit frorn the passage of the $50 million appropriation. And also with the increase in the title I program we feel ,the need

completely justifies this request.

We do net need a great deal more-study or cei.sideration or comment or debate about that partkular measure. All we need is the commit- ment In this country that says education of children is iMportant. It

is important in Boston. and it is inmortant in every city of this country, and that is an obligation and a responsibility that we mnst face.

PREPARED STATEMENT

I do not want to go into considerable detail and argument in sup- \ port of this measure. I have a prepared statement that I would like

1 9
9

to submit for the record of this hearing-And I-will be delighted to

respond to your questions. I will yield to our distinguished- mayor,

Mr. White, apd John .McDonough, and Mrs. Hicks, who are here

today. Senator MAuxusox.. We will .piAt inio the record your statement in

full. I.

... '.. [The information follows:1
1 0 , Mx. Chairman: I am pleaiad to appear'before your Appropriations Subcommittee* Libor-HEW in.its consideration of

supplemental:appropriations for education iirngrams in the currant .._ fiscal year. . ."--------- Along with Senator Jackson and many of the witnessh-you

will hear, I have come to urge the Subcommittee to approve

addition-al $50 million in appropriations for the Emergency ,School

Aid ACt,to be directed thfough the4:missionerke. discretion to\

Boston ahd other major urban areas faced with complying with

federal COurt orders for desegregation.

A setond supplemental request which I am making in the

area of education in already familiar to the Subcommittee and its

members. I am urging an increase in compensatory education

prngrams under Title I of the EleMe ary:and Secondary Education

Act.,;(ESEA) of $1 billion.

With regard tnithe Emergency chool Aid request, let me

describe, if I might,the current aibuation in Boston.

we are under alfederal court. order requiring' the desegregation of the school ystem. We aro not hero to argue the merits

of that order. It is the law and I believe the vast'majority of

the citizens of Bcsto1n are now concerned with seeing that, in

complying ;eith that Order, the children elf Our city receive a

F A quality education,

We are Scing a difficult time, nne/in which some citizens

are complying r luctantly and where a minSrity at time has engaged

in useleas and cl1estructive violence. i But for 4e city as a whole, there is an attempt to live

with the nrder dnd to move beyond it to achieve better education

for all children.

- %The .cost of that effort, an effort directly relate to the

implementation of the federal district court order, has reached

$27.3 million in this school year, 18 percent of the t6tal

school budget. A year ago, the school department had a $13 million

deficit. Thin year. it may rnarh clnao to $20 million.

we are seeking now, as I have ever since the court order

was issued in June 1974, to harness the resources of the

federal government to defray some of the costs of cOmplfance

with the court mandate to desegregate. We do so in keeping with

the federal policy expressed in the Emergency school Aid Act of

' 1972. of the I recall at hearings / Select committee on Equal Educationa

Opportunities whenrtried for threo Irars to achieve the enactment

of the Emergency Schoca Aid Act. When we finally obtdned

its passage, we still were unable to Convince the Administration

and a majority of the Congress to fully fund this program.

The Emergency Scheel Aid Act was enacted then'with an

authorization of $1 billion. we have never come close to providing

matching appfopriations. The Congress has even had to fight to

prevent the Administration from fleeing down the program entirely.

The lack of federal leadership, I am convinced, has made

more difficult the process of complying with federal court orders

all across this land. /n so doinge-sit has hindered aignificantly

'14
11

the. process of improving educational opportunities for school

children -- bet% white and black -- in this nation.

I was a sponsor of the Emergency School. Aid Ac%. We

were aiming then to use that legislation to help communities in - the South find the resources and the programs to ease the process

of desegregation.

Now the court orders have moved to 'the cities and tp the

North -- to Louisville, to Cleveland, to Detroit and to Boston --

and the same federal policy exists; but the costs are higher..

I believe that ii is.right that.the_Witnesses from Bostonand the

other cities aro here today to urge that'the policy be applied

to their cities andthat the necessary funds be appropriated to

do the job.

I urge the Committee to approve the supplemental request

of $50 million.

My second request relates to an even longer standing

federal.commitment, a commitment that began with the Elementary

and Secondary Education Act of 1965, a commitment to provide

compensatory education to the nation's disadvantaged children.

In fiscal ye_r 1976, we have virtually a standstill Title I

program compared to last year. The current budget proposes an

actual decrease fOr next year. In fact, since FY 1973 we have seer a 30 percent hike in the cost of living but only a slight increas

in the Title I program from $1.75 billion to $2.05 billion. And

I might note, defense spending has gone up from $80 billion to

$98 billion in the lame time period.

With the increase I propose, two million more disadvantaged

thildren would be able to participate in Title / programs. In Massachusetts, there would be an increase. of 42.500 children

beyond the current 71,000 Title I students.

Let me emphasize that this,would still just permit us

to reach one half of the eligible children.

In Boston 41one, there are today 46,000 low income..students

but only 15,210 receiving Title I services.

I know Boston schools. They 'are overcrowded. The

average pupil/toachor ratio is 25 to 1 on the elementary schools.. In Vle high schools, it jumpu to 30 to 1. We have equipment

in need of repair and school buildings that need rebuilding

or renovation at the least. They need mere modern learning

materials and textbooks and more Specialists in the basic areas

of reading and mathematics.

Title I could help achieve those changes in Boston and throughout the nation..

I believe that the Subcommittee recognizes, as I do,

that our eecurity as a nation does not rest on the weapons in our

stockpiles alone. For the long run, it rests far moie on

whether we can provide new generations.of young people who are

educated to meet the challenges that we have not yet oven

begun to foresee.

I would urge the Committec to adopt this amendment to

increase Title / as well as to increase emergency school aid

funds. 15
12

tit7 PPoR OF EMERGENCY SCHOOL ACT

Senator MAGN -SON. I might say to the. Senator fi:om Uassachusetts

that I happen to be one of the ranking members of the committee you

spoke of 'and I subscribe to what you say is the 'purpose of this bill

'originally ; the Emergency School Act. Senator BROOKE. First of all, Mr. Chairman, Iwould just. like to

co mend my senior colleague.

enatOr KENNEDY. lam glad tosee you back. Iknow you haVe been

t with the flu.

"Senator Buis:Ion-E. This sort of a hearing is medicine foz influenza. It is good seeing you here, and I am certainly-..happy to see our mayor

from the city of Boston and chair!) an and meMbers of the school committee, and Senator Jackson.

Just one question, and I should have sked it of Senator Jackson. As

I understand your reiponse to the cha, rman's question,,you are inter- ested in this $50 million for 1976for this year, is that -correct senator KENADY. That is cone( . It would have to be for this yeae with an increased fund for the trar -;onal period, as well.

Senator BROOKE.. I believe we wit have these problems going- oVe'T.

into 1977. It seems to me we are go:_ng to need as much or maybe more,

for 1977 as we will need in 1976.

I see that Senator Jackson is shaking his head. I ain just wondering, would you like to improve on this for 1977; would you want to take

tbis 'over into 1977?

Senator KENNEDY. Well, I would certain1y-hope that we would, M.

Chairman. As Senator Brooke knows, we are going to face additional .. educational problems when school opens next September, and I believe . other communities are going to have the identiCal situation. The authorization Was for $1 billion for...that program. Senator. Jackson has commented on the difficulty we have had in getting even

the, minimum kind of appropriation. Now, we have only receivetUess

than $.3 million for that program in the city of Boston.

) Obviously, A would be valuable to have a significan4 ase going

through 1977. I think, this particular issue can b'e best .ined here

ipport,

t exIns

the

tly,

he budget committee recominenclations. e balance between funds for jobs and funds

rojects. I am very hopeful that we can get it for

tion period, and ome (for the future as well.

INCREASE IN EDUCATIOXAL COSTS

.. Senator MAGNUSON. For the purposes of the record, the 1977 budget request is $1.9 million for title and you suggest adding a

dollars to that ?

Senator KENNEDY. Right. The Senator is correct,' as he will'note

- that since 1913 title I has increased just about 10 percent. When educational costs have increased from '30 percent 34 percent\ we, are

by the mayor in terms of next year s needs. I would cert.., and let me just point out that the billion dollars in tdtal wlllii ceed the limits placed by the budget committee on education pro, for next fiscal But that amount falls within, the range of

budget committee r mmendations. It would be $1,0$0 million ex

:so it does fall within

There has to be .

for these education

this year, the trans

..

16
.13

i not. keeping pace with the cost of Jiving and the total number Of

chiklren that have actually been covered by title I has been reduced. I know that the chairman is well familiar with it. This is an absolutely essential proffrani. We have got tens cf thougandS of young

children that do nott-benefit at the present Stmator M.toxrsox. When you talk ebout increasing title 1, we are

talldin7, about increasing the amount allotted for fiscal year 1977?

Senaor KENNEDY. Yes.

Senator ntaxusoN. And this amount w9l become available

imMediately ?

Senator KENNEDY. The Senator is correct.

Senator 13nooKE. That billion dollars, is that not the same amendment that you offered on the floor last year but, becaue of senatorial

rules, you -Were linable to get ie passed?

Senator KENNEDY. Parliamentary ,oljection. ,Senator M.toxrsox.. This is the same an;endment?

.Senator KENNEDY..Yes, sir.

'Senator MAGNUSON. All right. /Senator KENNEDY. Thank you, very much, Mr. Chairman.

'7
NONDEFA.R7CENTAL WIT;MSS

STATEMENT OF KEVIN H. WHITE, MAYOR, BOSTON, MASS.

SUPPORT OP JACKSON AMENDNENT

Mr: WHITE., I ain conscious of thie time restrictions on you, Mr.

Chairman.

3aah-t..c,i. MAGNUSON. I had better identify you. You are the mayor of

Mr. WHITE. Yes; that is restrictive on occasion, but I want to thank

you,. Mr. Chairman. As say, I am consCious of -the time, the constraints of the rollcall, evidently 3 or 4 minutes, and I will try to cap- sule my preientation, but by and large it is a support.

Senator MAGNUSON. Thank you, please proceed.

Mr. WHITE. I want to thank you Aor the opportunity to testify, and

I want-to basically ume here to support the amendinent offered by Senator Jackson, and\T might add, in that request, to support the

testimony made by the previous, witness, Senator Kennedy, regarding

title I. . I join with my colleagues whO are here with nè today* from the

city of Boston, Mrs. Iicks, city council, Mr. McDonough, school com- mittee chairman; and other,municipal officials, hoping that this com- mittee will support thes\ amendments.

ADDED COSTS OF EIISD/G OHDER

Before I outline my position quickly, I think it is important to make

it clear what we are not talking about, and that is this issue of busing..

We are not here to.debate the merits of busing. . My city is carrying out a court order, and we have no intentions of endeavoring tO revei.se that order as it now stands. What I am here to

testify today on is siinply the desperate need for financial help to im- plement this court order asiong as this is the court order within the

city of Boston. We have endeavored, in the city, over the iast few years in particular, with every imaginatory skilled man we possess who practiCes

economics lor advice. But, despite all of that, the eConomia strain-contributing to the burden that is nut on us financially with busing. We. find that a very staggering buiden to carry specifically in this fiscal

year.' ,

OFERATING BUDOET OF '116STON SCHOOLS'

We are operating in a deficit of $33 million. NoNq, $24 million of

that is directly attributed to this question of busing. In the last fiscal year we observed $RO million in our budget for one year alone, but

...me,snent now a total of $42 Million for the cost of desegregation of.,

Boston sehocils.

(14)

18
15

I. am sure that you see for our size that is a st/ggering burden to Carry. We have not been parsimonious about school functions, Mr. Chairman, I. want that made clear. Our expenditure is one of the highest in the American system. In the last 2 years we spent better

than $60 million extra of the school budget to meet the cost and to

provide normal education.

MINIMAL FEDERAE AID

But, the fact of thematter is that the Federal help that we received

has not been very much, specifically about $4,500,000, which is less

than 10 percent of the total appropriations that we have been meeting

4 or made to meet.

In the last 2 years, surpriSing enough, that amount ir less than.1 per- cent of. the total amount of money that is lailable throughout the

country over the last 2 years. What I probab y would like to do is to make two requests and that is, first, that the need is iMmediate. In re- sponse to the Senator's earlier question to Senalir Kennedy, we need it in this fiscal year. Our fiscal year runs from Ju y to July, but this bill appropriation would allow that help to come from September of this year, and that is very important to us in terms of our financial hqrdens

that we are carrying, which I said earlier is conSiderable, even beyond

the question of school discrimination. We face all of the burdens of our cities, that obviously our national headlines cry out daily the inability to float our bonds; having to halt our capital improvement progress m Boston cases. It.is embarrassing

to say we have lost our rating from a grade A to a double BA rating,

and. that also addectto our fiscal burden.

It is a need that is immediate and real. I hope' that the decision will be allowed within the Commissioner's hand to supplenient and help

us beyond the development ation that we have faced in the past.

pROBLEM OF BOND ISSUES-

. :;Senator MAGNUSON. I want to say. that that the fiscal problem of

the schools les not 'particularly lead ".tO busing. We have a serious

problem in 1,4 State. and we arena burdened with a court order of

busing. We still have a. serious problem with bond_issues. Bond issues have been turned down, and the legislature iscwrestling

with it now. I do not know if this would be a prefitable lesson with the

idea of having a State bond issue for schools. If it is a proposal, I just

do not know.

When yon have a court-ordered busing yeti have, in my opinion, additional burdens put on any way you look at it. We appreenite your

testimony. . I believe Senator Brooke has a question. A RESTRICTIONS 'ON ESA FUNDS

. Senator BROOKE. Mr, Mayor, one thing I would like to straighten

out, and I am- most sympathetic to the fiscal plight of-the city -of Boston. But we are here talking about ESA first. Now, ESA. funds are restricted. They can only be used for certain

purposes. They certainly cannot be used as the mayor well imows for

19
16

the purpose of hnsing. They cannot be used for the busing or anything

that is-connected with busing per se: Qn.the other.hand, there may be

other _fiscal problems which the Mayor has well spelled out in his very

detailed statement.. that wOld not qualify .for ESA. funds. It would

require a plan to be submitted to HEW and they would then have to

go oxer that plan and make a'determimition as to whether this money

would qualify for such things as the training of teachers and what.

not. - I just do not want the 4ayor going away believing that even if we

were able to get the,$50 million under the Jtickson proposal thatthat

would solvelhe financial problem of the city of Boston or helpto save

the financial problem of any other city.that is going through school

desegregatiOn. .

. . t.

It would help to a degree,.but it is well .spelled out in the law..asto

how this.money can be used. . That is not to sny that we are not going to get the money from ESA.

am just trying to say thnt we might:want to consider, and this

question has 4ren. raised many times before, as to whether a, citY

State would have to bear, say, the expenSes of a policy whicb has been

established by 'the Federal government.

I remembe4'4he. Vietnam war-ease, for example we had a base up

in ChesapeakKXass., and the. city of Chesapeake tried to g:ct money

from thee Fediral Government becaUse the Federal Government *as

responsible fOr-the Vietnain war, and no money came froni the,Federal

Goverqmet* to help the city Of Chesapeake, and_they .had to put. opt

police 'anfl overtime and all of .the rest of it to curtail solve of thedemonstritions that were taking place. in the city of Chesapealm

This occurred around the country. I just want yo-i to e-w.riy inder.

stand what this amendment worY*M and would not dO.-

Mr. WHITE. I tried to 'acknowledge that in thy statement, and I

capsuled my statement.

PREPAMM STATEMENT

Senator MAnNusoN: We will put your statement into the record.

Mr, WI:11TE. Thank you very much, Mr.Chairman.

[The statement follows:].

2 0
17 .. Mr. Chairman, Senator Brooke, .4

Senato r Jackson, Senator Kennedy:

Thank you for the opportunity to testify on the appropriation you are

considering today.-

. Before I outline my position I think it's important to state at the outset

what we are not talking about. School desegregation, ati-cveryone knows, has become an extremely volatile issue and reasoned discussio.ns about it are becoming

increasingly rare. It is not my purpose to begin a debate on busing here -- it is

certainlynot an approPriate forum.

My city is, in fact, carrying ou a court order to desegregate its schools and I don't anticipate any turning back from that _course. So I will discuss neither

the pros and cons of school desegregation nor the feasibility of particular Court

. remedies. o- And I have not come here to argue that the Federal Government step in

to aid a prolligate and wasteful city whose fiscal plight is a resuliof ite own mis- . management. We have some justifiable pride in our' frugality in Boston, - - - Cost.effective budgeting and

- - - A four year old austerity program have h.lped us blunt the'effects

of the national recession.

But whatever our managerial skill we are finally unable to avoid the in- exorable trends that are bringing cities to their knees across the countri. The

'recession has reduced our revenues and inCreased the demands for city services. The collapse of the municipal bond market threatens our ability to Meet outstanding obligations. The necessary recourse recourse: - - Stalled capitalcimprovements

- - Layoffs of city workers

- - cuts in services.

- /and increased taxe

All of these measures are deepening the recession in Boston ard the rest of

the nation's cities.

We had the unfortunate experience just last month of 'ilving our city's bond rating diopped two notches by Moody's from "A" te "BAA." That drop will further reduce our ability to go to the capital markets.

We felt that the new rating was'unfair. Inrfact we asked the people at Moody's how they arriVed at that decision. Every one of the factors they cite were completely beyong our control --

- - - The New York City crisis

- - - The Commonwealth Aassachusetts fiscal difficulties

- - - And Prominent on the list -- the costs of school desegregation.

In short we art a city in trouble -J trouble not entirely of our own making -- but no lessTainful just the same.

Boston laces an operating deficit this fiscal year of 33 million dollars. 24 million of that is directly attributable to the desegregation requirements of

the Federal Court.

Last fiscal year we managed by tighteninkour belts to avoid a deficit. I: meant absorbing $18 million in desegregation costiisfor ,e year.

, We have now spent $42 million in an all-out effort to implement the

court order. That would be a considerable sum for a city to spend in good times.

21
18

And vie are not a city that is parsimonious about educational spending. Boston's per pupil expenditure is,..rriong the highest of American cities. We have

increa.ed the, school budget aboM $60 million in two . years although enrollment has drorped drastically in that period. -

In'other words we have not been unwilling to spend heavily for schools but our generosity cannot keep pace with the demand's.

The F4deral Government through the Emergency School Assistance Act has contributed$4. 5 million to Boston's desegregation effort in the last two years. That figure is barely 10% of the total expense.

A further difficulty is that HEW's current interpretation of the administrative regulations of E.S.A. A. prohibits'us from using that money to pay for the most Costly items -- police overtime and transportation expenses.

And finally it!s difficult to understand a distribution formula that has, _allotted Boston only 1% of the total federal desegregation aid for the last two years. l

. I have" come then to make two requests. The first is that Senator Jackson's proposal be adopted -- that a special emergency appropriation of $50 million be in- cluded in the second supplemental appropriation bill now before this Committee. o The second is that this Committee Suggest to HEW that the nbw very

restrictive interpretation of E.S. A. A.'s regulations be relaxed to allow us the

flexibility to put the money where it is most needed.

, 'Mr. Chairman, that money will not end the recession in the nation or ip cur cities. But it would hold out the hope that Boston (and the other cities undergoing desegregation) can avoida financinl catastrophe in 1976.

.1 But certainty a legitimate question is why should the Federal Govern- . ment help cities like Boston pay for school desegregation at all?.

The answer, essentially, lies in a pragmatic view of the situation. , As Mayor, I have broken my back to imPlement 'F..M.cturt order and I've tried

to keep the city solveht at,the same time. A those two objectives, will become completely irncompatible -if we don't get some relief soon.

If we are forcedto keep spending at the Present rate our school depart- ment will run out of money some time in May. If that happens We will have to

close the schools. e -- We have 'no surplus frqm other departments br programs

Our_lioncrrating drop precludes borrowing the money

-- And a special tax levy would be unconscionable.

We have, then, the ii'resistible force of school desegregation con-, fronting t}le Immovable object of city insolvency. ... As things stand now, federally mandated school desegregation threatens

to bankrupt otw cities.

We all recognize the corklict and upheaval that bnsing his engendered in

toston,and Louisville.,- the civil strife that has erupted in these cities.

Those tensions may be in large part unavoidable and may only fade with

the passage of time. but we can only make and heighten the hostility

and alienatiomcf city residents by imposing:severe ancial penalties as yet another

burden of dese;regoation.

Racial discrimination is not Boston's 'problem or Louisville's problem. The entire nation has a stake in the success of the desegregation process -- a stake which justifies enlarged Federal commitment.

In the long run there will be nothing gained for Black or White children

if the cities in 'which they live sare impelled toward bankruptcy by court-imposed

remedies. ^ I urge the speedy adoption of the supplemental apPropriation.
19.

Got:jr -OF WORK WITH UNATRSITIES

Mr. Wnrri:. I want. to .say to Senatot Brooke, who has been per- sonally very helpful to me, that I understand,the parameters:of the program. But we could be ordered to do-these things. A good exapple of that is the cost involved in wOrking with the university on those programs, and I take it that. ESA is able. tO aid here. That would be

a burden that we. wouM have, to assume. otherwise. That is the area

to which I am advising my coHeagnes that it. Would be helpful in that regard, yithin those parameters.

noSTox DEFICIT

Senator MAGNvs'ox. Now, Mr. Mayor, another question that I haveA., I notice that yin' said that the deficit was $24 million, and Senator Jackson said to comply with the order. Boston is faced with a $34 million deficit this year.

Mr. WHITE. Yes.

Senator 11AoNusox. Just for the record, I want it to be clear, is it

$24 million or $30 million ?

Mr. Thirrli. I think it is $24 'million'. It is a total of $33 -million all

total that we. stand deficit., it is probably a little larfrer at this point, but. I would say a fair figure is probably about $2"4 million tO $26 million, at fhe outside.

'We were hoping and we..areA-alking in terms'of wbat is the total State allocation. It would be abdut $15 mi Hion maier this proposal, lint obviously we would hope that Boston would get a good..percentage

'of that.

Senator :NI:WM:SON. There .has been some discussion that if the

poney is appropriated by the Congress that we leave the distribution

up to the.discretion of the Commission. of Education.

Mr. WItirE. I dm very much in support of that,

Senator. MAGNrsox. There was some discussion of this at our hearings on the Presideors budget request.

Mr. WHITE. Well, I do not know whether it changes it. T have forgotten.

Senator EnoonF... I want to enlarge.it ,from S to.15 percent. Mr. WitrrE. That was it.. He said that He w.as sYmpathetic, bnt he

really did not. wantto go beyond that.

vAnrots co'kutxtc Arrtoxs AND PREI'ATIED STAT1:MENTS ; Senator 'AIAGX17SOX. At this point in the mcord,-I would like to insert

various eOmmunientions and prepared statements which have been snb- mitted by persons interestN1 iii the problems facing mau areas of

the 'United StateS rerarding emergency school assistance. [The information follows

2 3
c' 20

LETTER FROM KEVIN H. WHITE

CITY OF BOSTON

OFFICE.OF THE MAYOR

CITY HALL BOSTON

March 8, 1976 . ,

Terrell M. Bell 'Commissioner of Education

Department of Health., Education and Welfare

300 Independence Avenue, S. W.

Washingtoft, D.c. 20036 Dear Commistioneriell:,

It is my understanding that the Department of Health,,Education and

Welfare's Office of Education, in an orally-edmmunicated administrative

interpretation, has construed the Emergency School Aid Act to prohibif

the granting of funds for court-approved and ordered activities, even

though such activities are eligible in all other respects. I am writing

to you to secure an administrative determination that activities incident

.to desegregation, which would be ordinarily eligible for E.S.A.A. funding,

remain eligible, despite the inclqsion of those activities in a court

order.Since June, 1974, the City of Boston has been under orders of the

United States District Court for the Dtstrict of Massachusetts to desegregate

its schools. The desegregation plan being implemented during the current

academic year is more compreiiensive than the orliers which are being

faced by.other cities in the country.- The plan, called Phase II, and

relateesourt orders, provide for acttvities and projects such as:.

- an office of implementation for desegregation,

- transitional teacher aides,

-.contracts with local colleges and universities for the

improvement of education in various schools,

development of Curricula foran&the conduct of innovative

educational programs in a system of magnet schools;

vocational education,

L'amunity participation through.citizen advisory councils,'

alteration and repairs Of existing:sChool faCilities;'

otheradministrative and auxiTlany services.

The plan has required the additionll-expenditure of approximately 20 to

25 million dollars for the current fiscal year. The need for federal . financial assistance is acute.

. The Emergency SChool Aid Act, 20 U.S.C. 1601 et'Seq-., was adopted

four years ago to meet speCial needs incident to the elimination of

...,mlnority group segregatiO4nd*tcrimination. Although Boston Teceived

a significant grant Under_the Act during the.last year (FY'76) approxi-

:.:mately 2.6 million dollarS -- I believe that the Oioritization of

projects included in Boston's application, and the resulting grapt

level, are being improperly restrained by the 0.E. interpretatiqh of the

Act. ,It fs my belief that the Office o'f Education has misinter reted the

Emergency School Aid Act and, through its administrative inte pretatiomi.

has barred projects from elidibility in a manner which is cl arly contrarY

to both the intent of Congress and%judicial interpretation proceedibg
21

regulations which are similar, in all pertinent aspects, to the regulations

currently in force.

The Intent of Congress:"

The Emergency School Aid Act was based on a finding by Congress

that "the process of eliminating or preventing minority group isolation

and irrproving the quality of education for all children often involves

the expenditure of additional funds to which local educational agencies

do not have access." 20 U.S.C. 1601(a). A stated purpose of the Act

was to provide financiaj_assistance to meet the special needs incident

to elimination of minority group segregation and discrimination.

20 U.S.C.. 1601(b)(1).

. The appltcability of the intent of Congress- tg7financia)lrassist

localities in the process of eliminating or preventing.minority group

isolation does not vary wfth the.presence or absence of a court order.

Insofar as the Act notes the distinction between court-ordered and noncourt-ordered plans, it is noted in the context of mandating consideration

of voluntary plans equal to that of court-ordered plans. 20 U.S.C. 1609(d)(1). The presumption 'Of Congress was that local educational

aggncies implementing4burt-odered desegregation plans would be favored.

There is no language in he Emergency School Aid Act itself or,

indeed, in die Regulations prdmulgated, by the Department of Health,

EduCation.and Welfare, which would exclude from considerattop court. ' ordered or approved desegregation related activities.

The sole statutory basis for the administrative interpretation

forbidding aid for coárt-ordered projects is the "non-supplant" policy.

At various points in the Act and Regulations, it is Stated that federal

funds are not to supplant local funds so as to relieve localities of

some of their former burdens. The Emergency School AidAct provides

that funding "shall be available for programs and projects which would

not otherwise be funded." 20 U.S.C. 1606(a), and that it should be used

to "supplement and, to the extent practicable, increase the,level of

funds, that would, in the absence of (the Act),. be made available from

non-Fede;al sources..." 2011.5.C. 1609(a)(10).

Although it may be strictly true that programs ordered be a court

,will be "otherwise" funded by a locality on the .pain of contempt of

court, the intent of the "non-supplant" provisions is more accurately

reflected in thq requirement of the Regulations that an applicant local

educational agency give assurances that its expenditures during the year

of application are not less than in previous years. 45 C.F.R. 185.13(i).

It was undoubtedly the intent of Congress that-Emergency School Aid Act

funds not be used to replate local funding and diminish local effort.

In Boston, where school expenditures have increased in the face of

declining student enrollment, diminution of local effort is not occurring.

At the same time the effectuation of theintent of Congrgss to assist

localities incurring Additional expense in the.desepregtion process

should not be negated by,the.presence of a court order.

- That the admftiqtr'a.tiVe intehpretatton i based on an improper

foundatiar' is graphically demonstrated by considering the specific

,Congressionally approved programs enumerated in the. Act. To achieve its

'purpose, Congress provided for funding for specific progra s and projects,

including special remedial services, professional staff, tea er aides,

inservice teacher training, counseling, neW curricula, caree edhuactat/lon, iovative interracial programs, community activities, admi m

services, planning and evaluation, and facility remodeling S U.S.C.

1606-1608.,
0. To suggest that Congress intended to prohibit the use of Emergenc5t

, School Aid Act funds for court-ordered activities incident to desegregation

that Would otherwise be eligible for funding, leads to incongruous and

' irrational results. .1n the Boston school desgregation case, the District

Court has approved and ordered, as- reatonably necessary to successful

implementation of the student desegregation plan, many of the specific

Activities which Congress perceived to be necessary to successful desegregation. Yet,'once the court had approved and ordered any such activity;

it was excluded from eligibility for grant funding by the O.E. interpretation.

The effect of the administrative interpretatimy.of theAct is that

Emergency School Aid /Cot funds are not being.used to implement the

-pecific programs which Congress and.the District Court agree are necessary .

and appropriate tO successful desegregation of our 'schools.

Boston, like many citiescs in.the midst of a financial

,

, cat ill-afford to finance thee activities..

The Judicial Interpretation:

c. RegUlations'Promulgated:00he EthergencY School Assistance,

Program predecessOr td the EMeileiky School Aid Act and under thefMergency

School AithlAct:-.1pich,were in effect through the firSt half of 1973 were

considered byth0Mted States District Court for the Middle District

of Tennessee leXelley v.. Metropolitan'CountrBoard of Education,

Tenn., 373j...S4pv 54,0;1M4..Tenn: 1973) (Gray,,Jr., C.J.),

KelleyOnvolVedtthe refusal, of the Department of Health, Education':

and Welfarebased'onYadminfttritive'inierpretationto considere

,,reqUeseSUbmitted bY Nashville School authorities forYfunding,Obert-

-mandated eXpenses (transportation). -The Court held that sUdN'adOlnistrative ihterpretationwas not withinthe ambit of administrative

diScretiOn'under theAhen-applicablOtaldte, and that HEW.di:d 6.601Pethe discretion toAteny all:rsdch reqUettSflsy.adoption and enforcethen101,

Olanket popcy thairemoved such rep-efts from any legitmate codSid'er

atioy whatsoeVer, The Court concluded, based on the legWative higtory%

oftheepactmeni, that the funding of court-ordered adtOtties Was

contemplated and intended by the Congress. , Although the Educational Amendmentsaf,71974 may dictate a result

different than that.of Kelley, with regareio the particular activity of

schoOl transportationo the holding of KelleY as applied to other Court-;

ordergeractiv,Wes remains unchallenged. The court, in Kelley, had

befor",eAt:the:"'non-supplant" provisions.of both the Emergency School Aid

Assi:StintP-rOgram and the Emergency School Aid Act. SuclOparticular

proWsiOns, which have hot been amelded or modified.since Kelley, were .interprefed in accordance wid a Ceigressional intent to require consid-

,eratioh for funding of court-ordered activities.., .

crisis, and

In stimmary, it is my,view that the Office of Education, in ekluding

court-ordered activities from eligibility for funding, is administering

the Emergency School Aid Act in a fashion that Is consistent neither.:

with the, intent of Congress nor the relevant judicial find4ffig. Gven

Boston's pending ESAA grant application for FY 77,I wbUld.appréciate .

your administrative.review of this .problem at the eaWest possible

moment,..1nk you in advance for your consideration.

Singerely,

26

Pilzrs....

Kevin H. White
93

LETTER FROM HERMAN R. dOLDBERG

DEPARTMENT OF HEALTH. EDUCATION, AND WELFARE.

OFFICE OF EDUCATION

INASNINGTON. 0 C. 20202

Mt. Car Eaganowich,

Professional Staff Member

Committee on Appropriations

United States Senate

Washington, D.C. 20510

Dear Gar:

February 27, 1976

You asked for information about certain questions contained in Mayor

Kevin H. Uhite's'statement of February 25 before the Senate Appropriation

Subcommittee oi Labor-HEW. The items you identified (in quotations) and

our comments follow, seriatuM:

1. "Boston faces an operating deficit this fiscal year of

$33 million dollars. $24 million of that is directly

attributable to the desegregation requirements of the

Federal Court."

We are unable to comment on the operating defitit of

the city of Boston and the statement that ''4 million ...

fof the$33 million] is directly attributable to the

desegregation requirements of.the Federal Court". Our records relate to reqUests from the Boston Public

Schools to the Department of HEW for funds appropriated

for the Emergent}, School Aid Act (ESAA). Further, our

records are limited to the information included in their /

applications lor assistance wider this Act.

2. "A further difficulty is that HEW* current interpretation

of the administrative regulations of ESAA prohibits us from

using that money to pay for the most costly items -- police

overtimeland transportation expenses."

Activities authorized under the Act are set out in Section

707 of the legislation. None of these actvities authorize

police overtime and transportation expenses. Further,

SectiOn 420 of Title I/ of P.L. 93-380 prohibits the use of Federal funds for the transportazion of students or teachers or for the purchaseof equipment for such tr.usportation in

order to overcome racial imbalance or to carry out a plan

of racial desegregation. The regulati ns are consistent

with these provisions of the statute a govern the administration of the program.

3. "... finally it's difficult to underst nd a dist.ibution , formula that has allotted Boston only Z of the total

Federal descregation aid for the las two years."

The total State apportionment level or Massachusetts

for fiscal year 1975 and fiscal,yea 1976 was $1,448,878

'and $1,459,936, respectively. Th e amounts were determined through a formula describe in Section 705(a) (1)
of the Act: Briefly, the amount is derived by dividing

tile number of minority students between ages 5-17 residing

in the.44State by the number ofminOrity children (ages 5-17)

residing in the Nation, with this product multiplied by

the funds appropriate& under he Act., This formula cannot

be changed without Congressi nal actian.

'It is important to note that duriiii the regular funding cycle

% in fiscal year I975,-iht Boston Public Schools received most

of the funds allotted to thi-State of Massachusetts, togtther

itith an additional discretionary award in the'amount of.

$1 million, authorized under Section 708(a) of the Att.'. :

These funds are availabli for obligation during the 1975-76

school year.

, You should also know that the Boston Public Sdhools was,

unable to encumber the full amount of the $1.9.million

emergency special project award from ihe discretionary

authority amarded.for the Spring semester of the 1974-75

school year. Of this amount $600.000 remaidtd unencumbered

as of June 30 and was pirmitted te be carried forward for . obligation in the 1975-76 ichuol year.

. "The secondlrequest] is,that thia committee suggest to

HEW that the now very restrictive4nterpretation of ESAA's ,

regulations be relaxed to allawMa the flexibility to put

the money where it iti most needed.", '

, The regulntions governing the administration of ESAA

cannot be amended to.authorize expenditures for activities

not authorized in the statute. Activities authorized-under

ESAA are educational in nature and relate directly to the

support of the educational and programmatic aspects of

school desegregation.

28

Sincerely,

Herman R. Goldberg

Associate Commissione

for Equal Educational

Opportunity Program

J
25

' STATEMENT OF WILLIAM J. BELANGER

DISTINGUISHED SENATORS, LADIES AND GENTLEMEN:

MY NAME IS BILL BELANGER. I AM RESEARCH AND DEVELOPMENT

CO-ORDINATOR FOR JEFFERSON COUNTY, KENTUCKY, AND AN AIDE 10

COUNTY JUDGE TODD HOLLENBACH, JEFFERSON COUNTY, WHICH INCLUDES

THE CITY OF LOUISVILLE AND HAS A POPULATION OF 715,000, IS THE

LARGEST COUNTY IN KENTUCKY. IT IS ALSO A COMMUNITY IN TURMOIL

OVER SCHOOL DESEGREGAT/ON.

s THIS STATEMENT CONTAINS THE PHILOSOPHY OF JUDGE HOLLENBACH

AND OF COUNTY GOVERNMENT AS WE ANALYZE SENATOR JACKSON'S

INITIATIVE AND THE SUBJECT OF SCHOOL DESEGREGATION GENERALLY.

ALTHOUGH THIS IS A SHORT STATEMENT, THERE ARE SEVERAL POINTS

THAT WE WANT TO MAKE ABOUT THESE MATTERS:

1. WE ARE HAPPY TO SUPPORT SENATOR JACKSON'S'PROPOSAL TO

INCREASE THE ESAA DISCRETIONARY FUND BY '$50 MILLION. THIS IS

THE KIND OF.POSITIVE APPROACH THAT HAS BEEN MISSING IN PREVIOUS

/CONGRESSIONAL DEBATES ON SCHOOL DESEGREGATION. :THE LAST TIME WE APPEARED BEFORE THE SENATE,'JUDGE HOLLENBACH WAS TESTIFYING

ON A PROPOSED CONSTITUTIONAL AMENDMENT TO BAN BUSING.' THE JUDGE

CALLED THOSE HEARINGS "AN ADMISSION OF FAILURE." WE ARE GLAD TO

SEE THAT SENATOR JACKSON IS MOVING IN A POSITIVE DIRECT/ON. IT APPEARS THAT SENATOR JACKSON'S PROPOSAL CLOSELY PARALLELS A BILL

DRAFTED BY JUDGE HOLLENBACH, WHICH HAS JUST BEEN INTRODUCED INTO

THE KENTUCKY GENERAL ASSEMBLY. -(A COPY OF THE BILL IS ATTACHED

TO THIS STATEMENT.) THE.COUNTY'S BILL WOULD PROVIDE STATE FUNDS

TO HELP SCHOOL SYSTEMS INCREASE EQUALITY OF EDUCATIONAL OPPORTUNITY

OR REMOVE VESTIGES OF DISCRIMINATION. WE HOPE THE SECRETARY OF

HEW WOULD USE THE PROPOSED ADDITIONAL ESAA FUNDS TO A/D SCHOOL

SYSTEMS TO MAKE SCHOOL DESEGREGATION AN OPPORTUNITY FOR A BETTER

EDUCATION FOR ALI, WE EXPECT THAT THE JEFFERSON COUNTY SCHOOL

SYSTEM SHOULD QUALIFY FOR A SIGNIFICANT pORTION OF THESE EXTRA -UNDS.

2 9
96

BUT WHILE SUPPORTTNG SENATOR JACKSON'F PROPOSAL, WE MUST

EXPRESS OUR DISAPPOINTMENT THAT THIS IS ESSENTIALLY A STOPGAP

MEASURE. FOR TWO YEARS NOW, CONGRESSMAN RICHARDSON PREYER. HAS

BEEN TRYING TO GET CONGRESSIONAL ACTION ON HIS LEGISLATION WHICH

.OFFERS A COMPREHENSIVE APPROACH TO EQUAL EDUCATIONAL OPPORTUNITY.

IT IS UNFORTUNATE THAT THIS THOUGHTFUL LEGISLATION HAS NOT

s RECEIVED THE ATTENTION AND DEBATE THAT IT DESERVES. WE EARNESTLY, HOPE THAT THE MEMBERS OF THIS COMMITTEE WILL WORK WITH CONGRESSMAN

, PREYER ON HIS BILL.

2. IT IS NO SECRET THAT THIS IS A PRESIDENTIAL ELECTION

YEAR. THERE IS A PRESIDENTIAL PREFERENCE PRIMARY NEXT WEEK IN

MASSACHUSETTS, A STATE WHICH KNOWS THE EMOTIONS THAT CAN BE.

AROUSED OVER COURTORDERED BUSING AS A MEANS OF DESEGREGATION.

NO DOUBT THERE IS A TEMPTATION AMONG NATIONAL POLITICIANS TO

PROMISE SOME !CK PROGRAM OR SOLUTION TO THE PROBLEM. BUT LET US SAY AS CLEARLY AS WE CAN: THERE IS NO ROOM FOR SELF.

SEEKING ACTIVITIES OR PARTISAN POLITICS ON Tat SUBJECT OF OUR

SCHOOLS AND OUR SCHOOLCHILDREN. WHOEVER BECOMES PRESIDENT THIS

YEAR WILL NEED TO HAVE A UNITED COUNTRY PURSUING A UNITED STRATEGY' ,

TO ACHIEVE EQUALITY.OF: EDUCATIONAL OPPORTUNITY.

3. IT MAY INTEREST YOU TO KNOW THAT JUDGE HOLLENBACH, IN

EIS CAPACITY AS CHIEF EXECUTIVE OF JEFFERSON. COUNTY, HAS INTERVENED

OUR LOCAL DESEGREGATION CASE. THE JUDGE'S GOAL-IS TO ESTABLISH

THAT SYSTEMWIDE BUSING FOR DESEGREGATION IN OUR COUNTY IS

UNPRODUCTIVE AND ACTUALLY FOSTERS RESEGREGATIONIrTh

THE JUDGE WILL SEEK TO INTRODUCE POSSIBLE ALTERNATIVE

PLANS TO ACHIEVE DESEGREGATED SCHOOLS, WITHOUT THE SOCIAL gPHEAVAL

or THE PRESENT PLAN. HE HOPES TO .REESTABLISH SOMETHING THAT. .

HAS BEENLOST TN JEFFERSON COUNTY: COMMUNITY SUPPORT FOR DESEGRE

GATION. 'jUDGE HOLLENBACH IS SERIOUS IN HIS COURT ACTION; BUT

WHETHER OR NOT I1E SUCCEEDS, HE WANTS YOU TO KNOW THAT THE CITIZENS

OF JEFFERSON COUNTY'BOTH BLACK AND WHITEARE,,LOOKING TO CONGRESS

r FOR LEADERSHIP.' A SURVEY RELEASED LAST WEEK''SHOWS THE DIVISIVENESS

30
97

THAT HAS BEEN INTRODUCED INTO OUR COMMUNITY IN THE PAST SIX

MONTHS. THE SURVEY SHOWS THAT RACIAL TENSIONS AND ECONOMIC

CLASS DIVISIONS HAVE BECOME MUCH MORE PROMINENT. WE LOOK TO

OUR REPRESENTATIVE .FEDERA1 ASSEMBLY FOR ASSISTANCE AND GUIDANCE.

WE HOPE THAT.YOU WILL ANSWER. THANK YOU.

. AN ACT relating to educational opportunity.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. A new section of KRS 157.010 to 157.990 is created to

read as follows:

This Act may be cited as "The Kentucky Educational Opportunities

Act of 1976."

Section 2. A neA section of KRS 157.016 to 157.990 is created to

read as follows:

As used in this act, unless the context otherwise requires:

(1) ."equal educational opportunity" means unrestricted access to the

resources of a school system, reflecting differences in student interests and

abilities.

(2) "board of education" means the governing body of a school district,

as defined in KRS Chapter 160.

(3) -voluntlry transfer program" means any organized policy allowing

V.P or encoraging transfers of students, staff, or faculty for The purposes of

increasing equal educational opportunity or removing vestiges of past discrimination.

at
98

(4) "instructional aids" means physical items whiCkasSist the educational

process, including but not limited to: maps, projectors, laboratory equipment,

, videotape equipment,Wtelevision apparatus.

(5) "student enric 'Inient" means any progsam designed to expand

cultural or intellectual opportunities for students, including, put not limited

to: field trips, concerts, arts programs, internships, and lectures.

(6) "special teacher training" means any program designed to increase

the competence or improve the educational skills"of.an instructor.

Section 3.. A new section of KRS 157.010 to 157.990 is created to

read as follows:

The Generdl Assembly and the people of the Commonwealth of Kentucky

.hereby re-affirm their commitment to provide every-elementary and secondary

'Schoolchild in the Commonwealth with.an equal opportunity for a .quality

education. , The General Assembly and.the people of Kentucky, in pursuing

this commitment, will continue to seek ways to remove barriers to equal

educational opportunity. It is the intent of this Act to provide support for projects

that will: a) increase the ability of a given school system to provide equal

opportunitY; and b) remove vestiges of past discrimination.

Section 4. A new section of KRS 157.010 to 157.990 is created to

read as follows: 3 (.1,.. 4
29

(a) There shall be established a "Kentucky Educational Opportunities

Fund." The Superintendent of Public Instruction of Kentucky shall admipisr.ei

the Fund, according to the standards4nd guidelines set up under this Act.

The Superintendent shall establish and publish procedures for formal application

and Administrative appeal.

(b) The Superintendent shall make grants fiom the Fund to boards

of-education Which apply and qualify for support under this Act. _In the event

that the Superintendent receives qualified applications which total more than

the Fund, he may make partial grants or refuse applications based on the following

criteria: (i) the ability of a given school board to accomplish the goals .set forth

in its application; (ii) the extent to which a given project, if funded, would increase

equality of educationahopportunity and reMove vestiges of discrimination;

(iii) tile degree of originality exhibited by q. given project; and (iv) the possi-

,'

bility that a funded projectmay be applicable in other school districts.

Section 5. A new section of KRS 157.010 to 157.990 is created to

read as follows:

Any project which,increases equality of educational opportunity or removes

vestiges of past discrimination shall be eligible for funding. Eligible projects

may inclUde, but arepot Whited to: capital construction, voluntary transfer

programs, instruntional aids, student enrichment, and special teacher training.

3 3

69.476 0 - 76 - 5 '
30

- No funds provided under this Act may be used to directly support any prtogram

. . which involves involuntar8assignment of pupils, teachers, or staff on-the basis

of race. No funds provided un r this Act mzly be used to support any program, whict

in the judgment of the Superintendent, will increase the degree of racial

segregation within a given school system.

Section 6. A new section of KRS 157.010 to 157.990 is created -

to read as follows:

The amount of the Fund shall be fixed for the kiennium in the State

Budget, at a level which the General Assembly considers sufficient for the

_purposes of the Act.

Section 7. A new section of KRS 157.D10 to 157.990 is created

to read as follows:

If any pf-ovision of this act or the application thereof to any person

or circumstance is held invalid, the invalidity sharl not affect other provisions.

or applications of the act whicb can be given effect without the invalid provision

or application, and to this end the proirisions of this act are severable.

Section 8. 'A new section of KRS 157.010 to 157.990 is created

to read as follows:

The effective date of thig Act shall be 90 days after passagy.

`,.

3 4
t 31 iook

d STATEMENT OF HARVEY I. SLOANE, MAYOR OF CITY OF

LOUISVILLE. KENTUCKY

We would first like to express our appreciation to

thie:tubcommitte and the other committees of the Senate which

are investigating this difficult problem of school desegregation.

Last fall we testified before the Senate Committee

cn the Judiciary cpncerning the mechanisms by which school desegregation has been ordered. At that time, we felt that the

means by which deeegregation is'ordered cannot be separated

from the end costs which are involved. -One of.the problems

we.sawin Louisville waP a leek of concern by the federal decision ere concerning the Ultimate cost of a'particular

court-o dered desegregation plan --.cost both in terms of

:social impact and in terms of dollars and cents.

As local officials, we can tell you that school desegregation,in-many,cities today.places unbelievable financial

burdens on local school boards.and on local governmental units.

THE_EFFECT ON THE EDUCATIONAL SYSTEM.

Under Kentucky law, local bOards of education are

funded by the state based upon, the average daily pupil' attendance.

If a pupil does not come to scHool, le school board eventually'

loses funds from the State. Estimated lost revenue from pupil

absenteeishrin,Louisville and Jefferson County has exceeded

.1 three million dqllars. In addition, the actual.direct'costs.

of implementing the desegregation plan have exceeded.four

4illion dollirs,.

*COSTS TO LOCAL GOVERNMENT

As a redIlt of disturbances in Louisvil e'and

Jefferson County in connection with the implemen tion of.

court-ordered desegregation, extensive police and,city

personnel Overtime:Was incurred. The.indirect 'costs-in terms

1 0 't
of public offidials' time diverted from other matiera to desegregation is inestimable. However, through November of 1975,

the City,of Louisville incurred direct costs associated with

desegregation in'excess of $600,000.00.

With declining local tax bases, inflation', unemployment, end lost revenue directly assrciated 'with desegregation,

someone must come to the aid of loidl governments and_school

boards addregehish these losses.

Additional Federal aid to school districts undergoing-school desegregation is needed for an even mofe 'basic

reason Our feeling and that of many educators is that'the

long-term solution to school'desegregation prob1ems does not

reside inithe courts. Many A the problems which have led to

court-ordered desegregation .have sesulted from a latkof

planning by the school boards to insure that school inegration is promoted. In adaition, because ofthe high costs

..involved, school boards have beedslow to seek alternatives

to court-ordered desegregation. Such alternatives as magnet

schools, School pairing, indenlive oayments'to encourage

attendance at minority schools, and the like, all require

extensive planning and funding.-

Perhaps the most basic way of effecting school

integration is bir selecting appropriate sites for new

school construction and by closing older schools whose locations foster black-white separation. All of this costs

money.

Discretionary federal funding tO local boards

undergoing desegregation is therefore_essential.

38
33

In October of this year in our testimony before

the Judiciary Committee, we suggested a coordinated approach

by the federal funding agencies, federal enforcement agencies,'

7 and the courts. Under the present system; the courts On the

ode hand.ana the "funders" on the other hand, have not

. seriously attempted to coordinate-their Ettivitie. We reaffirm this proposal.

For this reason and for reasons of efficiency.:of

sphoOl desegregation and administration,'we suggested the

creation of a special desegregation court, separate from

federal district courts, which would decide and monitor

school.desegregation cases. Other agencies, such as the

Office of Education, would be required by law to channel

7 substantial portions of their funds into the implementation

of school desegregation plans administered by the Tourt.

In this way, long-term "aiternativee'could be initiated.

. Again I commend this subcommittee for considering

- important legislation in this area, but to, consider funding

aspects ofthe nroblem of schooLdesegregation without con-'

sidering and officially coordinating enforcement aspects of

the school desegregation problem, is not to face-the entire

problem. Congress cadbring order to the chaos now existing

in this area'by facing the problem of school desegregation

squarely and creating a unified approach to the problem.

The passage of the proposed legislation would be a starting

point. That's all:-

7
STATEMENT OF PAUL W. BRIGGS, SUPERINTENDENT OF

SCHOOLS, CLEVELAND, OHIO

0. I welcome this oppertunity to appear bofore thii Committee orthe

United States Senate, as you seek to find additional funds to aid school

districts in their attempt 6 mobilize programs dealing with racial

The Cleveland Public Schools are straining to provide the learning

content and conditions most conducive to the growth of its urban pupils.

These'efforts must.move forward in spite of factors which make the task

, Mbre difficult. Countermanding the efforts at federal, state, and local'

levels are other forces and. "facts of urban life." They continue to erode

the gains made, and threaten the major urban .cities of today. These urban centers arc challenged with the problems of poverty, racial isolation, and

finance. POVERTY Cleveland is the largest city in Ohio. The school district is - the largest in the state, enrolling nearly 7 per.tent of all Ohio school

children. However; our district as nearly 30 per cent of the children

from welfare families in the state. The rapid growth of children on

welfare during the period from 1965 to 1975 is clearly evident on the

folloWing Chart I.

FINANCE With respect to-school finance, the'amount of.tax revenue

available to the Cleveland Public Schools has declined.steadilj, despite

the fact that voters have increased their taxes'137 per cent since 1964.

The decrease is attributable to a progressive lowering of taxable values

in Cleveland. Prom 1969 to 1974 alone, the assessed valuation of real,

- public utility and tangible personal property combined has decreased over $205 million, from nearly $2.97 billion to $2.76 billion. The increase

in millage rites is thus dissipated by the shrinking propetty tax base:

(See Chart II.) RACIAL ISOLATION.

In Cleveland,_we have succeeded in maintaining tho stability of our

black and non-black pupil ratio. Although black pupils continue to'represent

the majority (57%) of the school system's student body, this percentage has

3 8
' 60,000 ""r

50,000

30D00

NUMBER OF SCHOOL-AGE CHILDREN ON, WELFARE

CITY OF CI.EVEIAND

1965. - 1975 ..

27,384

21,904

20,006

I )965 . 1967 1969 . 1971 1973 1975

27,384

.58 526

30,931

9,280

36,306

46,922

0

3 9
COVELAND CITY 5CHI:YOL DISTRICT

TOTAL ASSESSED

1967-1974 TAX YEA

(TAX RATE TIMES VALUE COLLECTED FALLOWING YEAR) . 3ILLIOIN8 OF DOLLARS

1967 1968 3.000

2.950 .

2.850

2.800

:000

TAX yEARS

969 1970 1971 1972 1973

CHART II

ql!.....

t

.

...

t--

?

.

---

/

.- ----z... 0 ONE SQUARE REPRESENTS TAXES AMOUNTING TO 5351,000.00 FOR THE GENERAL FUND

A
37

, changed less than one-tenth of one per cent in the past five years. We feel that:ths stability wOuldbe greatly endangeied if Cleveland were forced

to suffer the negative effects of bu;ing-pupils for integration. If we are to solve the problem of racial isolation in the cities, we must find

approaches that are not counterproductive. (See Charts III and IV.)

In Cleveland, we-have taken the initiative to-integrate teaching,

supervisory, administrative, anknon-certificated staff.. Undoubtedly, these

efforts to integrate staff have been a powerful force in stabilizing the'

blaek and no'n-black enrollment. Today, two of Cleveland's five Assistant

Superintendents arc black. In 1964, less than 10 per cent of the central

office stzff of the Cleveland Public Schgels was non-white. This'per cent

has incrCased to.35 per cent by.1975.' 'During the S'ame ten-year period

(1964-1975;), the per cent of non-white principals.has risen from 12 per

cent to 45 per cent. The per cent of non-white assistant principals has

increased from 25 per cCnt to SS per Cent. The ef(orts of the Cleveland

Public Schools to integrate all levels ofttaffing have been unique in the

Cleveland arca and pbSsibly in the nation. Of the eight largest school

districts in Ohio, Cleveland has ehe higheslperceniage of black teachers

(40%), black principals (4S%), black assistant principals (SS%), and black

clerical employees (48%). In looking at other scheol systems in the nation,.

wefind that in Boston'where the black enrollment has increased to nearly 40

per'cCht, only 12 per cent of the teaching staff is black and only a very

few black persons hold administrative,or supervisory positions. San Francisco, with a, black student fprollment of more than 30 per cent, had a

black te'aehing staff of only 11 pei cent.in 1975.

The trend appears clear that large city school systems which have

`atiempted to achieve racial balance by busing are becoming increasingly

ncl Aite. To provide quality integrated education, alternative methods

nust4m employed to raintain the stability of black and nen-black student

enr,Alments.

'Cleveland Public Sehoels serve-more than thtr.v-ethnic groups

with its school programs. The school system has been systematically moving

4 1
CHART III

PERCENTAGE OF BLACK AND NON-BLACK

CLEVELAND PUBLIC SCHOOLS

1970 - 1975

PERCENTAGE OF PUPILS 1970-71

4 2

Oa- FERCENTAGE. Or PUPILS 1974-7.5
60% .

50%

40%

30%

20%

10%

0

:39

CHART IV

PERCENT OF MI NdRITY-GROUP PERSONNEL

CLEVELAND PUBLIC SCHOOLS

1964-65

0/11110:1169 vileseesrla arCEIgngrol

CENTRAL OFFICE

PRINCIPALS

ASSISTANT PRINCIPALS

v 4 3

1974-75
40

to bring thette children together through multi-faceted programs ratiier than

by massive busing.

These types of programs arc itery expensive. Local school districts,

unable to'find financial'assistance for these programs at the State and,

'federal levelS, arc increasingly forced to use general fund monies to 'facet

this need. Since a sizeable amount of funding of these programs mu5t be

1 taken from the funding of regWar _programs, the regular programs becole

Aowngrade& Money above and beyond the school system's normal

expenses is required. EMERGENCY SCHOOL.ASSISTANCE ACT

The Cleveland Public School System has experienced discouragement

with its exclusion from funding undci. the Emergency School Assistance Act.

After having presented a plan for the "ieductien of minority-

, group isolation" as early as March 23, 1973, and being advisee(' to proceed

on proposal development on April 6, 1973, a review cf Clevyland's proposal

was announced on May 6, 1973.

On.May 29, 1973, after a conference of approximately three hours,

it was detcrmired that Cleveland could become eligible only if a written

statement v;t, Mi;de to the effect that the selection 'of a particul:Ir junior

high school site prevented a near-by senior high school from bccoming_a

racially isolat'cd school.

It is important to note that after hearing Cleveland's explanation

to the effect that the junior high school in questioii was pladod on a site t that would insure optimum integration,.Clelieland was told by the Civil Rights

Office staff that it was unfortunate but it appeared that this legislation

tended to penalize such-an effort. In short, if thisschool had opened

segregated and had, through seme procedure, heen desegregated, eligibility

would have been forthcoming.

This is but one of numerous,hiihly irregular experiences faced

as wc attempted to secure funding. he were further advised by the Office

of Civil Rights inChicago that if the Mayor of the city of,Cleveland had

signed the application, funding would have been forthcoming.

4 4
41

It is discouraging to know that a schocil district's policy and

plan toeffectively insure integration did not help in securing funding

under this legislation. It is further confusing in view of the fact that

the 4eveland proposals were described by the Office ofEducation as

"exemplary. These proposals.would have provided both'strong educational

components and a further reduction of racial isolation in the ClevelanC

schools. It is difficult for personnel in,ther.leveland Public Schoo.s to

understand how other urban school districts were given special considerations for determining eligibility when it was reported that their proposals

did not meet thc Emergency.School Assistance Act regulations and guidelines

_ It is disappointing that a plan approved by the State of Ohio and

11.E.W. wns never funded, apparently ,tcause the complexity and contradictionsof the legislation and gUidelines of SAA served to exclude rather than , include districts which had evidenced a strong commitment to reduce racial isolation and improve quality education. CONCLUSION

Tentative estimates from the Ohio; Department of Education show

that from fiscal year 1974 tó 1976, Cleveland's Title I allocation will

decline to the lowest level in over six years. This will occur at a time

whelf the number of poor children in our system arc continting to increase

and at a time when We must strive to provide a pluralistic setting for all

chiIdren--black and white, riCh and poor. (See Chart V.)

For school systems to remain viab-le nnd to respond efctively to

the needs created by an urban setting, it will be necessary fortile federal

! government to:

provide categorical funds to'sWrve the needs of urban

children

support alternative epproaches to achieve integration

of staff and of pupll5

insure that legislative intent is reflected in guidelines, regulations, and program implementations:.

Working together, we can solve the iiroblems of urban areas and provide quality education for every child.
$12,000,000

11,000,000

10,000,000

9,000,000

8,000,000

7,000,000

0 6,000,000

Z 5,000.000

0

4,000,000

42

ALLOCATIONS FOR DISADVANTAGED PUPIL PROGRAMS

ESEA TITLE I AND STATE OF OHIO

STATE OF OHIO

10=1110M.

1966

111=.111111111= 111111110

1.968 1970

ESEA TITLE I .STATE OF OHIO

1972 FISCAL YEAR

CHART V

ESTIMATED

..

1974 1975 1976
43

.LETTER FROM MEMBERS OF

THE.BOSTON CITY COUNCIL_

Boston City Council

NEW CITY HALL

ONE CITY HALL SQUARE

BOSTON, MASSACHUSETTS 02201

February 24, 1976

rear'Senator Magnuson: We the members of the Boston City Council wish to thank you for

. the opportunity to present to you and the other members of the Senate Appropriations Subcommittee on Labor Health, Education and Welfare

the facts of Boston's present financial situation brought about by the

tremendous cost of desegregating our public schools under the =este

of the Ueited States District Ceurt for the-Commonwealth-of Massachusetts. ,At the present time, city budget analysts are predicting a $38million

dollar deficit for the City of Boston by May 1 of the current fiscal year

with a totaf of $28million dollars of that.figure directly attributable to

Phase U of the desegregation order. It is anticipated that 1600 municipal - jobs could be affected with an attendant decline in the delivery of vital

city services in the areas of police protection and health care.

The city'is faced with raising its property tax rate to offset the deficit, but the deficit of so large area:mount would dictate a hikethat

would clearly be confiscatory. In addition, because of the forced busing

aspect of the desegregation order, the City of Boston has already lost a

sizeable segment of its tax base through the flight of the middle class to

, the sUburbs. Our deepening fear is that the city's present financial crisis Will heighten that flight until the tax base has eaxxled completely, thus

leaving the city in a perpetual state of financial instability.

As elected officialn, we look now tO the EMergency Skrhool Aid Act of

.1972, and speeifically to the Second Supplemental Appropriation Bill of that

Act now pending before your Subcommittee as a method of preventing our irvending

financial crisis and stemming thellow of middle class money and talent from

the.CitY of Heston. The Administration's appibpriation request is clearly

insufficient to meet the needs of cur city and other municipalities throughout,

the nation faced with the same desegregation financing problem.

we urgently request that your Subtommittee consider the plight of our

nation's cities and Lei.t favorably on the Seoond Supplemental Appropriation

Bill of $50million. 14e honestly believe that the future of our city depenia

on favorable action. RAJ, 44.70

Sincerely,
44

STATEMENT OF-LOUISE DAY HICKS) BOSTON CITY COUNCIL PRESIDENT

MR. CHAIMAN:

I wish Zo express my appreciatioh to you and to the members

of this sUbcoimittee for the-opportunity to teStify before you today on a

subject of grave concern to the people of the city of Bostontassachusetts.

I support Senator Henry M. Jackson's amendment to the Emergency

-School Aid Act of 1972 which will provide federal funds to cities currently

under.federal court orders to &segregate their public school, sytems. .

I haCCI!(..727.1 opposed to the forced busing:of schoolchildren since

it,first reared its_ugly.head.a. decade_ago. ._IassUre..you.I.am still opposed

. . . to,it and shall continue to be opposed to it, but this is not my reason for

.appearihOefore this Cunnittle.. I app-ear before you because the city orBostonf,

is in financial trOUble which is fast approaching crisis proportions.

Th middle class homeowner, the man and ucman who conscientiously

pay the tax bill eaeh-war for their little portion of Boston's earth, has

eilh,r left, is in the proc(2:;s of leaving or will leave as scon as...the

Lix bill for tlx: cvming fiscal year is received in the mail.

On.Tuesday, January 28, 1976, Moody's Investment Service lowered

the credit rating of the city of Bosten two s'teps.from "A" to "aAh." haapdy's

action was clearly the result of that establishment's apprehension over what

it termed Boston's "serious financial problems, including an impentlihg deficit,-

strined tax txc tiii unfund(xl pension liabilities of undetermined but large

At the present time, city budget analysts arc predicting a

$33mil1ioa deficit for thc city of Boston by May 1, 1976. .A total of

$28mi11ion of that deficit is directly attributable to forced bdsing

Already, city workers have received layoff notices in-anticipation of that -

deficit, and I might add, they are the workers at the lower end of our

municipal s.ilary scale. Again, it is the poorest who must hear the brunt

ofoth-: fimanc:al-e-ffects df forced busing', just aS they have been asked to

bQar t!w! LT:otional brunt of it.

The city can raise its property tax rate'btit indications axe'

it would have to be.in the plus $20per thousand dollar evaldation range
45

to have even minimal effect.\A pibprty tax rate hike of this magnitude:

.

. or even less would Le clearly ecanfiscatory and only serlie as a further \

inipetus to..tha exodus, ot.the.mide e class. The push then will turn to

shoe..,, and the c..:.iodus from Boston w 1.1 go unabated and I 'am afraid that not

,okn the prollibition of forced busing'uould nstore norrulcy to the city''s

population ixittern.

1.:.2 have only hail forcrx.1 busing a little over lt months. Now the

bill is,due and, believe mr, there will be no stOpping what is left of the

ta:,: base, the middle class, as it rushes headlong north, west

and !souLh of the city of. B.oston for financial security ju-st as in the past 18

socio-economic counterparts.have left to provide physical and'

!;einirity for their children.

in there are scv.r.ral tight ii.),:ir.ets;of.middle

v.ho in the beginning vz,...,,ed to stay and fight forced

\ busin:1 t..11 the ',Jitter end.

A ''.*oriod busing tax rip-off" could very well be 'that bitter end. .

The extent of &_.spair in the City of Dosion is evidenced by the

.p..-01:iferalion of lit:ri:er stiCkers that read, "Last one out of Boston

- Wrn off,

'FZaton's light will never go out.. I, for one, ms staying.

in 'flot..ca b.:cause that light represents for me wliat i,t represented for

our city'f, founders. They called it a "Beacon on a Hill," and that

it has rcmiincd since 1631. The light will not go out with the help

of this Connitt'ee,.but I am concerned that it will flicker and dim for

i r left i,n the city for whom I hewe particular regard,

they ;:re the future of Boston.

I am sr.c.akin,/ of the young married couples, many of them fi&cially

.07(: talentn,l who just a few short years ago, decided that their

f-ture:: a;:l the fhture of boston were one and the same. Hew can we expect

them to maintain their residencies in' kliton a timo when financialstability

ard cdt.::atioaal advantages for their vatentidl families and school-age

children 'can he had :ore readily just a feW,miiles dcwn the Massachusetts

4111...2

TurrQike?

4 9

'
46

\.

11 lhe poor will Le 1f1 Lecause Llei cannot afford to go anywhe e else.

Yes, the paorwwill ronain to scratch out an ..y..istence on the remnant of a'

vital, throbbing center'of cultural, scientific, educational and finan 'al lifeonce

supparted by Middle class noneY and talent.

. Yes, the poor will remain, but will the source of jobs for them, no ma

how low-paying? 'New Yof.k City's experience has tOld us "no." Industry has 1

and is leaving New York City for suburban NCa Jersey, Connipticut and Westcheste

ic,anty along with the mf,1J1, glass. Yes, "the poor we will always have with 1.1s,

but why rust continue, time and time again, to victimize them in

ap the name of social exp.:rimentation and misguided idealism:

Mr. Chairpan, I believe there is an option available to.the City

of Boston al'A to our sister cities throughout thc nzition who are faced :- with bleak economic futures becduse of the impact of desegregation

finamflul on our municipal budgets.,

You havo before you today a Second Supplenental,Appropriation Bill

of $50mi11 h as no .alp!ndovvit lo the Ellemency School Aid Act of 1972. Passage of thisamendEent is mandated by the present state of financial

affairs in the City of Roston.

Previous appropriations under th' original Act have been clearly

41sufficient to nuet the requirenents sosed by5 federal court orders

on the City of Boston and I-believe that e present Administration's

appropriaticTs rovest would also fall far short of providing the City of Boston with eno41 funds ta.offset the cutbacks that would be necessary in

tl,k delivery of vital city services, especially in the areas of police and

fire protection and health earc. me insufficiency of previous funds is

definitely 1KJrne out by the finahcial crisis-facing Boston. This Subcommittee

can insure a continuation of adequate police and'fire protection and quality

health cave toth,, eitienn of Boston.

On their LA:half, I urge you to report favorably can the Second Supplerentai

Appropriation Bill nc.4w Lefore you. By doing so youcan aid in lifting the

heavy toll the ihflation-ridden costs of forced busbig have had on the blillget

and, therfore, the p6opte of the City of 'Boston;

5 0
:.47 STATEMENT OF JOHN MCDONOUGH, CHAIRMAN, BOSTON

SCHOOL COMMITTEE

Mr. Chairman and Member's of the Subcommittee on Labor and

HEW Appropriations:

My name is John McDonough,,and I reside at 250 Gallivan

Boulevard, Boston, Massachusetts. / am the Ckairman of the

Boston School Committee.

Mr. Chairman and Members of the Committee, I would like to

be recorded in behalf of Senator Jackson's proposal to reimburse

school districts for' certain costs arising out of federally

imposed desegregation orders.

The City of Boston is now in the second year of a courtordered desegregation process. During these two years, Ihe people

of Boston have paid a tremendous price in terMs of human suffering

in compliance with two desegregation plans which, by all accounts,

are considered to be failures. Your Committee can do little to

alleviate our suffering in this respect.

Along with 1.1man suffering, the people of-Boston have also

paid a high price in terms.of tax dollars ip implementingjthe

federal court desegregation order.

The judge sitting on ihe Boston case is perhaps the most

activist juristhandling a desegregation matter in the nation today.

He is, in fact, in complete control of the Boston,School Department.

His involvement in the day to day affairs of the School Department

- falls just short of counting the pieces of chalk in the system.

His orders are all-pervasive and they carry a tremendous price tag

for the peop3e of Boston.

Until quite recently, Judge Garrity has given no consideratio;

to the dollar cost of his Phase I and Phase II desegregation plans.

His Aisdain for budgetary restraint is legendary in the Boston area.

6

-t Judge Garrity's abandon in more prosperous times would not present the problem it does today. We are all aware of the perilous

financial condition of many of our large cities. Boston is no exception: municfpal bonds--once so highly prized:.-are noy suspect.

Boston is having difficulty in raising money to pay its bills.

Much of this difficUlty is due to unanticipated desegregation

coits--police, building renovations, aides, extra teachers--all have

swelled the City's budget.

Although it is'difficult to get a clear picture of the

total cost for the desegregation process in Boston (because Of

hidden costs), it is safe to estimate a 40 to 50 million dollar

price tag for the two school years 1974-75 and 1975-76.

1 Most of the money raised by the City comes from property

taxes. We presently haye a tax rate per thousand assessment of

just under two hundred dollars. Each million dollars spent

represents 60 cents on the tax rate. Usilig that as a yardstick;

it can be easily seen that the federal court order is costing

Boston taxpayers some $15.00 on the tax rate each year.

Mr. Chairman and Members of the-Committee, this is the basis

of our,plea for some federal relief from this awesome burden.

Without it, the people of4,Boston and other cities will be doubly

injured. Not only are they prevented from sending their children

4 to a school of their choice, but they will have-to bear the dollar

cost of that imposition.,

1

r
48

STATEMENT,OF CONGRESSMAN JOE MOAKLEY

Mr. Ch'airman, as of March 1st, 600 workers in the city of

'Rostbn will le out of a job.

, 'As of that date, the people of Boston will exper.ience

. 1 u.cufback in Tital city services. That means that there will

be lés money to pay people.to fight fires; there wi41,,be,

less mone5P' to pay people to pick up garbage; 4.7-4 tie w%11

be le'ss mciney to'pay people to fight .crime.

The pevple of Boston want to tnow why their city can

ne longer afford to pay people to perform vital services.

The people of Boston want to know why they alone must carry

the 'aurden for a busing ,program ordered by a Federal judge.

The facts.speak for themselves.

- According to officials of the Boston Schoo.1 Committee,

the 1974.175 budget for the Boston School Department was

$126,294,636. The cost of phase I of Judge Garrity's busing

program in terms 'of the school department budget was

$10,363,375. The deficit for the Boston school department

in that tplie was-$12,847,636. In effect, when there is a

defidit, the City of Boston has to piy more.

The projected figures for 1975-76 hit even harder.

The projected budget for the Boston School Department is

. $147,230,789; the projected cost of phase II. of Judge

Garrity's busing program regai'ding..the school department

budget is $20,500,000; the projected deficit for the Boston

- School Department is between $16 and $20 million. Not only

would the deficit be wiped out without,busing, but there is

a chance that the.Boston School Depaitment would have money

4e-gt over. Which means that'the City of Boston would have

5 2
49

.1kore funds. That means possibly more police, more'fire-

,, fighters -- that means more jobs in a city thatihas a high

unemployment rate!'

Mayor White,is figures are ven more stunning.

Besides the school depertment's costs the Mayor's estimates

come to approximately $8 million im overtime pay for poice

for phase IT.

The more one looks at'the amount of funds spent'for

court-ordered busing, the more one is outraged: Boston

residents are saddled with spending millions of dollars'and

the city faces a large deficit because the Federal govern- r, ment insists that local cities pay for a national prohlafa.

' Mr. Chairman, it is time the Federal government did

something concrete for the taxpayers of Boston and for the

taxpayers of all the cities that are currently undergoing

court-ordered busing. The costs of_implementing these

force'd busing programs are enormous.

'Officials of the Boston School Committee estimate

that each Boston city taxpayer will have to pay $25 more

this.year. I think that is unjust, The Federal government

must take responsibility and reimburse Boston taxpayers and

others who.fice the same situatiom for expenses incurred to

implement court-ordered busing., I-1urge,the Committee to

\ take action toward this end.

5 3
LETTERTROk SOIATOR HENRY JACKSON

11.1Cnifeb -SIczfe.:Zenafe

OWMMTMXON'

MITEMORANOMMULARAM.AMS

WASHINGTON: D.C. into

February 20, 1976,

tr

Honorable Warren Magnuson

United States Senate,,

Washington, D.C. '''''' ,

. . Dear Warren: , ' . As you lcnow, the Emergency'School Aid Act of 1972_ , was.enacted to assist school districti which are attempting-toimplement partial or complete desegregation plans'

within the schoolsof`the district. 'This program.has

been4,of inestimable Value in providing limited but impor--

tant financial assistance to cover thecost of programs

to-eliminate minority,grOup isOtation,in:the schools.'

. , _

,

. However, it is my . judgment that the appropriations

request.of the Ford Administration for the school desegr

regation program is insufficient to meet an epergendY "

,situation which hascieveloped in several major metropoli-.

tan areas ai the resolt of Federalcourtdecisions Ordering

massive district-Wiae'school desegregation'programs. For

.example, in'Boston, Massachusetts the Federal District , CoUrt has Ordered 'a desegregation plan resulting in expenitures of apprOsimately $30 million during the 197576.1

- hool /ear. In LoOisville,_Kentucky and Detroit, Michigan

cpurt-ordered desegregation plans will cost those cities

additional millions'Of dollars. _ 1.These high leVels of spending ordered by the courts

come at the- worst possible time. To begin with, the-tax

:. bese of many majoryrban areas has,.over the past several

years; been eroded et-a result of continuing trends such,

as \the suburban migration and aogradual deteriorailon.of

the\inner city. School districts around-the.country are

increasingly unable to pass 40100.1evies necessary,for

the day to'day operation Of the sEhools: Moreover,Hthe-,

current recession hasrgauced tax revenues and increased

the cost'of social,TrOfiams, and it has eroded the tax'

base even further flist at the moment of greatest,need.
51

t .In view of these facts, I..jrave proposed-that a

spccidl_emergency'appropriation'of $50 million be included in the Second,Supplemental Appropriatlon bill

vow pending before the Labor-HEW.Appropriations Subcommittee. This appropriation.would be earmarked for

expe'nditure in school districts, 'suchas Boston or

Voaisville, which are undergoing a financial crisis -

__due-tto_codit,ptdered-desegregation-plans. -

I want to think you for your'sYipathetic Considera

t_On of this proposal in the discusqions 'which you and,

...I.have already had.on-this subject. And.I want to thank

yop for agreeing, in our -conversations, to ho:ld a sub-

;.comAIttee hegxing'on this proposal on February 25. As

.you.may know, Senator Kennedy has indicated his support

for my proposal, as have-Mayor White, other city officials,

and School Comnlitiee Cbairmgn MtDonough of the City'of

.Boston. Several officials of the.Cities of 'Boston and

LouiSville, Kentucky, among other 'cities, have expressed

- interest-in-testifying at that hearing. These local

officiali will'be able to 'discuss tT.e special problems

of thetcommunities.they represent. , I, 'of course, would also like to have an-opportunity

to testify on ,his subject\before the Committee.

5 My staff will continue to work with the Subcommittee

staff to'discuss the details of my proposal.

"Your support and tooperation are deeply appreciated.

With best wishes,

Sincerely yo rs,

Henr M. J son, U.S.S.

SUBCOMMITTEE RECESS

Senator Magnuson.. The subcommittee will stand in rec6ss to reConvene at ffie call of the Chair.

Thank you'all yery.'Much:

(Whereupon, at 3:10 p.m., Wednesday, February 25, the

subcommittee was recessed, to reconvene at the call of

-the Chaig..).

5 5
a EMERGENCY SCHOOL MD ,

THURSDAY, FEBRUARY 26, 1976

U.S. SENATE,

SUBCOM:vIrrEr ON- LABOR AND HEALTH, EDIXATION,

AND WELFARE, ANn RELATED AGENCIES

lVashington,D.C.

The subcommittee met at 12 o'clock. in room 1114, Everett Mc-

.. Kinky Dirksen Office Building, Hon. Thomas F. Eagleton presiding.

Present: Senator Eagleton.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

AMENDMENT TO EMERGENCY SCHOOL AID ACT,

NONDEPARTMENTAL WITNESSES

STATEMENT OF RUDOLPH F. PIERCE, ESQ., FREEDOM HOUSE COALITION, BOSTON, MASS.

HEARING RESUMED

Senator EAGLETON. The hearing will come to order. The sul:committee will- now resume testimony on an .amendnient which Senator 'Jackson has proposed to the second supplemental ap- propriation-bill. Mat: inendinent-wonld

appropriation for emergmey school .aid.This money would be avail able to the Commissioner Of lineation to ease the special financial burdens of deseuremntion ing -felt in several localities 'across the

countiy, such us 13o4, Loaisville.Detroit, and Ohio.

The hearn, yo4erday had to lx suspended because of ihe heavy

voting se.hednie -Tad we wanted to cr,ive 'everybody an, opportunity to

speak. So We now. have with us Mr. Fludolph Pierce who represents the

Freedoth House coaP.tion.

STATEMENT OF MR. PIERCE

*5, Mr. PIERCE. Thank you very mue-I, Senator. Had Iknowt: that the other :itnesses from Louisville and Cleveland were not goiwr to t,e here tth::,v, perhaps I would have just sub-

.mitted-nty statement and Om, home. As you indicated 'at the beginning'. I represent, the Freedom House coalition. I am an nttorney inBoston. The coalition is comprised

principally of Commimity gromis and organizations in Boston's black

and minority conummities. Over the past 2 years. the members of the coalition have s' cut, an enormous amount, of time'and ener& and

(53)

560

r"*".,
.54

money in an effort to assist:minority students and their parents in

understanding the process of desegregation and in adjusting to the problems which desegregation has caused for them from time to time. So I am glad to be here on beha)f of .these parents, groups and organizations. On their behalf. I wish to make just a- very brief statement.

First, I wish to state that -the black and minority communities of Bostori\do support the Jackson amendment for an increase in the ap- propriations- and-I-might-add,- any-other credible program or legislation which is intended to increase the resources available to Boston to

be used for educational purposes. I do want to underscore that the key

to the support. of the minority comlnunities in Boston is the purpose

for which the funds are to be used.

We support increaSed funding, if that funding is to-lie used solely

and exclusively for educational, purposes. I was told by those whom I represent here today to make it clear that skepticism in the minority

communities abounds on the question as to whether those who have

really opposed the interests of minority communities, at. least insofar

,as the ediwational experience_of minority children are concerned, can

be eXpeeted or trusted to design and implemeut programs which effectiYely will improve the educational experience now of minority

children.

Of course, we reconnize that. the funds. if appropriated, have to be

received by a local educational agency. HoweYer, even though we .are

familiar in some respects with the legislation of these-L-and they do

have somewhat elaborate prescriptive guidelinesit is our fedling that

the guidelines in and of themselves are not sufficient. We would there- fore urge this committee if it appropriateS the money to require strict monitoring of the use of the funds, onsite monitoring wherever possible.

PARENTS SKEPTICAL

I do want to take, a moment to state tin basis of the skepticism in

our eompmnity and why we feel that strict monitoring of the use of

the funds is necessary. Parents of minority stifdents are skeptical be- cause they remember the purpose or the reason why they. commenced

litigation in Massachusetts to effect desegregation of OK-Boston-public

schools. The purpose then was not just to sit. a black child next. to a

white child, but rather to improve the educational experience by black

children.

Minority parents believed then what the court has told them is true nowthat elected public officials were greatly responsible for the,in- credibly bad educational situation in which minority students found

themselves. in Boston. These minority parentre skeptical because in'

Boston. however one feels about tlw court's remedial order, its findings

regardinr tlw liability of Bostoh are clear.\Tirecise and well docu- mented. Some coMmentators have even suggested that the findings of

the court. in Boston are the, best documented findinp.s of any such pro- ceeding anywlfere in the'country. ' What these 'findincrs. show is that pinority students in Boston have\ deliberately reCeived the butt end: that is. the year end of an educa- \

tional systCun that Iva; and still is inadequate for allof the.students

the systeni, white or black. These finding's also show that the elected

public officials -in BOston. particularly the school officials, virtually
55

resisted and opposed every educational suggestion, designed to improve the educational experience of minority c 'Wren.

-In fact, funds were cut-off by the Feder overnmentin Boston in

1973, and also by the State government, ecause local public school

officials refused to initiate certain programs designed to help minority

students. -

NoW, many of these same p.ublic.officialS are now asked or now have

the-responsibility. of-design-ing-and-implementhrgiirograms-und-er ESAA. and other educational programs presumably to enhance the

educational experience of minority. children. I only want to say that

the parents of the minority children are skeptical as to the ability of

these people to do that. . Yesterday, the mayor testifiedand he indicated what the expendi;

tures are in the city. He indicated that there was a deficit. But what

he failed to mentionand I think the redord ought to be aware of

itis that school expenditures are high in Boston because of.years of positive inaction. They are high because of the intransigence of the

elected public officials over.the years. They are high becauseof moneys

Which Boston lost because of irresponsible actions by public officials. And they are high because of the tremendous' cbsts attached to the

-years of oppOsition to what. was rght, that is_, minority students were..

before and are now entitled to an equal distribution of the educational

resources.

MINORITY CO3QIUNITTES SUPPORT JACRSON AMENDMENT

Therefore, minority comMunities, as I indicated at. the beginning, support ,the JaCkson amendment, but only ii the funds aienot used'm

any manner, direct or indirect, .to: continue 'the opposition of 'local public officials, from -schooL officials, the,mayorr or the city council

officials; so that these funds are not used to oppose the, court order. We could hate to find at some later date that funds which this Con-.

gress appropriated for educational purposes were in fact uSed.to continne the opposition to the court order or to pay the enormous- legal fees for the city of BoStont the School Committee,.or the Home end

School Association.

I might add, all of these groups opposed the court order : the Home

and School'Association is not even' a State agency. It required special State legislation in order to have the city of Boston pay their legal fees. So that we are acntely divare that substantial funds.are being

used to opposethe court order. . . Senator EAGLETON. Are you saying theSe funds, are coming out of

the budget of the Boston School Committee?

Mr: PIERCE. Well, at least corning ont of.general fa* revenue.

Senator EAGLETON. I see.

Mr. PIERCE. And finally, I say that we certainly would notlike to

learn that any of these funds were used in any. Way to support the educational ,.needs of the new. private academies which are springing up

throughout the city of For should we. discover in a year,or tWo

that these fund. v used r these purposes, then, of coUrse,, the

children of Boston, part icularly the ininority children, will have/been

cheated again.

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56

, Si Ma tor EAGI,ETON. Is there a risk of that ? If enacted, would the'iafunds-go to-the Boston School-Committee? How-conceivably-would

these moneyi end up at the private aeademies?

-Mr. PIERCE. Well, let me say, in Massachusetts we 'have -a statute, chapter 71 of the General Laws, which permits schobl agencies, public- school agencies to provide books, to-loan bookg to students attending

private-schools..

, NoW firSt of all, I

Senator EAGLETOX. Exclise me,- has -this law been on the books.for

many years, or did this just crop up recently ?

Mr. PIERCE. No. this statute was originally enacted in 1,973 and has been amended in 1975 so as to make it Clear that no private school agency can receive books if they discriminate. Senator .111GLETON. I understand.

STRICT 3I0:6CITORING STRESSED

Mr. PIERCE. Thd point is, I do want to stop by saying that m not

suggesting -that there is misappropriation groing.on. I.am_only:s ying__

that we juSrwant to make it clear to the Congress in the sense of a note of caution that. we. feel there must be strict monitoring of the money. Everybody in Boston, I would submit that. 'anybody in any:

large city knowing the:state of public school education, has to be in

favor of-increased resources to be spent -for educati6nal purposes. But in Bton the public discussion is still opposition to the court order. It, is not really about education.

.. % And yet these funds: presumably. as I rend the legislation, are ear-

\ marked to be spent for educational purposes. And we want to make - surejo the extent that it is possible, that the funds are used precisely, for that purpose. Presumably, then,-the children will benefit and- the politicia-us- and the rest of us who are 6n one side .or the other of the

issue will go on doing what we are doing.

I Senator EAGLETOX. Well, I find your tegtimony very interesting. I have A few More. questions,if you have time. ; Mr. Paul. Fine.

Senator EAtItTox. What is the nanae. of the organization, sir, that you represent?

,. Mr. PIERCE. Freedom. Honsuoalition. .

i

. Senator EAGI.ETO. No--hlis the Freedom.House- coalition, as far

as the Boston school ;,-;itnai ion is concerned, been the ginding light insofor as seeking relief frord Judge Gartity-or'did you work with

the NAACP?

Mr. PIERCE. "Well,. NVe have worked with the NAACP. I shouldstate,

to the extent that it is-important. that I, too, am one of the attorneys

of record on behalf Of the plaintiffs in the litigation up here in Federal

'court..

Senator EADLETON, From the Yery beginning?

. Mr. PIERCE. Not. from the very beginning,- I entered' the proceedings

at . the remedial stage. Senator EAGLETON. I see. M. PIERCE. The Freedom House coalition is made up of about three principal ageheies. There is also a thing called the coordinated social

services of which now there are some 40 to 45 agencies from the Spanish community and other agencies.

5 9
Lv57

v _ SeP.ator'-EAGLErox-By-agencies, do_yoalm- ean_agencies of_government or private agencies?

Mr. PIERCE. Private.

Senator EAGLETOlf. I see.

Mr. PEERCE. And they haVe been working with parents and students

in connection with the desegregation over theratleast, 2 years; and in smile-cases, people Were involved in one aspect of education or another for. years. I do think, just to get a perspective,it is

important. to recall that in Boston we have a Statestatut&requiring

racial imbalance. So that in a sense we have gone to a neW phase of a

fight that has been going on for some 10 years in Boston. .And so part of the skepticisM of the minority community is re- membering what the.school committee did over.that 10-year period, I think it is fair to sit7 that they did very little in the wcay of 'improving education for white students, let alone for minority students.

And it is true that Many of the people who were.on the school com- mittee then 'are elected public 'officials now, in fact. Some were here yesterday who.are heartily opposed to imProving the situation ofthe

minority -Children. And yet these_are the peoPle who presumably will be responsible to it, for seeing that these moneys are spent properly.

Senator-EAorxrcix. I would say what Missourians-know about BoSton in this conteNt is that there is.a massive busingphin between South

. Boston, which is predominantlyan Irish Catholic arca ; and Roxbury.

Mr. PIERtE. Which is predominantly black.

Senator EAGLETON.-And yoa have seen between Cronkite and ChaiLcellor, different episodes on this. What is not known in.MissouriI

:do not. know-how---to -get- it knownis the tratk-recard a-the Boston

School Committee. Am I accurate in this. that the record will show

that for all intentaandpurposes there wacs.,a two-track system tothe

feeder schools? The. ellmentary black feeder schools would feed into

a bliack system, and an elementary white city school system would feed

inti).a white system. or is that a. grosS oversimplification ? ., Mr. PIERCE. Well, think it 1S' partiiilly correct. But it is an over-.

simplification. I should, say, for. example, -flint Judge Garrity'. findingOaare documented and that is because in Boston there is a phenomenon in

the school committee that generally does not exist elsewhere: and that is that the school f:"inittee keeps running minutes and so all of their

statemet,ts are recorded on the. record and as it. turned out, that provided the lasis for much .of Judge GarrIty's findings. .Ttrita. lot of ot.b.:r

ihings happenefl

FEEkr. SCHOOL pnopLEz4

One of .1!ie probleps we had wer e. feeder schools. Wu had a sYstem

in Massachnsettswe iuid 'junior high schools, sorne that were seventh

and eighth grade ; sixth, set'-enth, and eight/i grade ; and gime tha

were seventh. ,ig3Ith. and. Iiinth. And it. win?, the use or mist:se of those

kinds of schools 1.lhit allowed white stu1ents-4or exarople a white

stu&nt that lived im a nAphhorhood that was raciaAv changing might 133 able to end up ia a. junior high school in v white com.munity be;

.,!auso of the, nature of the junior high system tliat we, had in.Boston.

So there was abuse of.the. freedom. Also. there was miAise of a thiniz

called open enrollment. We had a policy in Boston whereby a child

6 0
'58

could-tranq-er-int anfschool-where there was an empty seat-,-Aiid we

found that that enabkd white students to escape:from schools that were racially.changing; but frequently that a black student had diffi- culty transferring.to a s-ch-ii-ol if there was an open seat. So that there were a number oPthese prograins which the School Corilmittee used as

a way to trap minority-:students into a paiticulikr district and to en-.

able white students to get out of a district.

Senator EAGLETON. Have you had occasiori, either f' om a factual point of view or a legal pointof viewor both, to follow r study what - has been oceurring in Detroit, Mich. oi. St. Loiris, Mo.? k Mr. PIERCE. I know something about Detroit and nothing about- - St.,Louis.

DETROIT CASE

Senator EAGLETON. Now, will yqg correct my knowledge of Detroit?. I know a little about St.. Louis. I know more about St. Louis than I do . aboUt Detroit. Of C6urse, there was the so-called Detroit case, a very,. famous case. And I will give.you.my. observation on the Detroit case. I think it-was the turning point insofar as busing is concerned. I

think it spelled some outer limits on busing where they did not, by a close decisionit was 5 to 4where th-ey did not order busing across . ( 'the Detroit city lines ink) the adjacent counties..And it issort of a com-

-panion chse With the Richmond case which was 4 to 4 because Powell'.

did not sithe was from Richmond, being an attorney for the school

;-board. - And that in essence cut back on the Judge Mehrige order in Rich- _Mond. Give me the benefit, of your readingof thil-Supreme- Gantt D'e- ,-

troit case and 'what. it does or does not portend for the future? \

-Mr. 13J.ERCE Well, I think there are two things in the Detroit -case which are different. One is that at INN. I think. they are factually

different from Boston : In Detroit. the first case. Of course, we are talkipg about esspitially a. metropolitan effort. I think the court there was

saying that-Wore 3-,,ii could impose 'a metropolitan Plan. you first had to establish that the suburban communities had committed some

vjolation. I think the plaintiffs were concerned about. that because

tlwY felt that there was some factual basis to substantiate thatposition. So that is one situation in Detroit. That. does licit foreclose. as T say, a metropolitan plan. But is--does make it increasingly'. difficult if you

have to establish that. all of the :iiburban communities surrounding a metropolitan area have committed a violation before you can impose a plan that would encompass them. Presumably Sion could impose a plan that may en-compass one but not. the'other. And it seems. to me . that the-maehivations are infinite. .- The other sitmition in DPtroit. I think. is,that*ou have a situation

where there was a feeling. T think, that von neeRd'a metropolitan plan because of the rneial eompositiim of the eitv. Now. what disturbs tl,e . NAACP abont Ant is they have a vieW that it ought nnt to make a difference whether there is a niaiority. minority population or white.

What you are really trying to do ii effect racial balance to the extent it

, is available.. And FO it ought not 7.;ilre any difference if there arp Rime whites...It doet; not mean that t hey then cannot end up in schools that ore. n'thaioritv black.

So there is thisleeling on their Dart that the numbers or the composition it may have itself ought not to be determinative as to whether

you could impose a plan in the city. I
59 )

. . I am not quite sureI not know if you could say anything else

about Detroit. But I would like, to say why.I think Boston is different.

First of all,.Boston is not a city with a minority. majority,- I mean,

the minority population in Boston does not-constitute the majority-in,

the-city: Senator EAGLETON Are you talking about school population or . census? Mr.---p-iimcn. Well, school population, it is true now that minority pupil-S'may constitute better than 50 percent. I3ift it is not:true that

.minority households constitute populationwise thePajority of the city.

And so far as I can see, even with all of the discussion about white

Ilight and all of the rest of it, it does not, seem that that is going to

happen in Boston in the foreseeable future. There -a4-e other factors which I think make Boston different from

Detroit and different from Newark. So that I think thatI mean to the

extend that. a court cOuld opeillte:a plan iri Boston, I think that is .a . ..viablepossibility, notwithstanding the.enrollMent_costs.

mixt:awry tarrix INPUT

. . The other problem we have in Boston, which is partieularly1itre ne

from Detroit, is that the minority ponulation has had little input nto

the'systein,itself. I mean, we have yd to have 0. black mernber f the

school Committee. in Beston. . ., Senator Etor.rrox-. Never.

-.-

.. Mr: PIERC4f.- Never..__Well,..t.should_not_say_never..Certainly_never

in the 20th century. It may have been true before the-turn of the

century. . ; - , Senator EAGLETON. ,Do those people ,who run for the School Com

mittee run at large ? ...

. . Mr.-Pit:Aim They run at large.

.. We have had, at, feast in the lastI. do not want to say, certainly

since Vve have had an at-large city council system, we have had only

black member of the city council. We have not had one member there,

- at least it seems to me-7--in atleast 60 years. .

. .. Senator Iltorxrcix. And better than 50 percent .of the ;lonseholds in

Boston. you' think, are black ? -- . . Mr. PIERCE. No, no, better than 50 percent of the school age popula-.

tion is minority. But it is not,50 percent of the city. It is less than 50'

percent. . - Part. of Judge Garritv's problem -in his order is that, he has been

trying to g.,et blacks in fhe system, that is to say:, administrators,and

, teachers., Fwould..venture to say that before the court order,we had

less than 10 percent of the,teachers in the system from minorities.

Senator EAOLETON. Less than lOpercent ?

Mr. PrEnct... Less than 10 percent... , Senator EAGLETON. "What as the highest ranking black in the

school systein?.."What duties did he have ?

'Mr. PrFazcE. Mr. Leftwich -was the asSistant snderintenent: And I

am trying to think nf whether there was a permanent headmaster.

.Tbere are some uetinsz. headmasters. I am not sure whether there are

any permanent. ones. There-are at least. three, maybe four, headmasters

who are at least acting in that position. - . Senator EAOLETON. Is that Of fairly recent origin ? I mean, say back

10 years; was it like that? ,

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60

Mr. IERCE. I do not think it w'as true 10 years ago. I am sure that hnsou.tI within the last 16 years. And so. we have these problems. Effectively we have had an increasing minority enrolbnent; but a very

small minority participation in the operation _ot fli&Ayitetn._Thathas___. been 'our problem.

- Senator EAGLETON. HaVe any of the televiSii?n-stations in Bolton

ever done an hdbr factual do'Cumentary that hal'Spelled out some of

these facts that you hiik'e deScribed ?

Mr. PIERCE. I do not know; Senator. I just do not know,

Senator EAGLErciN2The Boston Globe, I take it, has. ., 'Mr. PIERCE. Well, the-.Boston Globe has .done a 'Amber of 'thinks:

I mean, frankly, I think the Boston Globe has had editorials all Over

the lot.

Serlinf EAGLET01%I. Oh; it has? I thought they were basically with; Judge Garrity. But Maybe I am wrong.

. '.'

I Mr. PIERCE. Well, they have been and they have.not been. It is kind,. nf hard tO find a consistent thread:1 think part of the Boston Globe's. . problem, frankly, on this question, is it. is clearly thetmost popularly

read newspaper in the city and I think it is making k diligent effort o strike abalanCe.

In the senge there is such:substantial oppoSition to the, court order

inRoPktn, I think the Boston Globe finds itself in a position where, you knoW, it is trying to pacify as many people as it can. i Senator EAGLETON. Let me ask you your legatopinion of this. . FOTENTIAL FOR WIIITF fLIGHT ' ,. Dot-7. on- think, under Bzown,y; Board of Education, Charlotte

Mecklenburg and-what other Supreme Court case-snnder those Cases

...a. 1,'edera1 district court judge. can .-take. into account the fqx,Inulation ...:. 'of whatever order he is going to issuecan take into account the poten-

' tial for whiteflight? . ..

. ,_ -

''

. Mr. PIERCE. I thinkThe answer -to that is no, Senator. I think that

.Tudge Garrity haS phrased it. Ile is Supposed to takein thellracticalities of the-situation: But I think infashioning an order, that he- first has to come to grips with. the. Constitutional violatiopS)that haye been

- created. And his remedy has to --be one Which seelth to vindicate the

, viOlation of those rights. . .. ..

. . . . The problem with white flight," think, is that it is very difficult to- ,. find the hasis on which people flee from the city,' particularly when .so

., much, discussiordgoes on here and elsewhere about crime.. It is hard,

'I think, .to deteinine whether people are fleeing the city because their

children are now asked to go to a 'different lOc-ation -or whether there. are, other factorS: So I think the cOnceprof:White flight is too elusive

.for a -judge to really consider in fashioning a reinedy. That really

takes in what,' I think; the opponent§. to ,a busing order, may .stLy

: would effect white flight. . .. . 'Senator EAGLETON. Have yori- hadoccasion to read the opinion just

.-\ recently rendered by the Federal, trial judge in Detroit?

Mr. PIERCE. No. I, Senator EAGLETON. I would very much appreciate it. if we could get . a cony of that opinion. I would like to mail it to you and I would very much like to have your obserVations on that. I am inclined to think

,. 6 3
. 61

what yOu have said is the case..I am not certain, but I m inclined to

_think you are right ; that is, a judge, a district court judge, he is there

to vindicate constitutional rights underthe eqUal proteetion clause. He

-Must find, based on the factsthat is; he has his principal function to

fmd: Was there deprivation of certain constitutional rights? If he finds

that there- was whether it is Boston, he must then fashion a remedy

to vindicate-60e rights or to give relief: Anda kind Of think you are right that in .,fashioning .that order, there is'ho rear:basis where be can take into aaeount the potential of

-white flight. _You say it -is hard to measure.,:What is the'real reason:. that people-go? IS it-taxes? Is it black's? Is it that the schools and .crUmbling? Is it -that the Plants are now moving out to suburbia

is-moving-out- because -h is-job is-moyingjout-?. You know, it is a Yery, very difficult thing. But if I mil tOld.of the Detroit case properly, Ijiave not read the trial judge's &pinion niyself, :but some people have mentioned it to ine on a,,hearsay'basis.' That

judge-apparently did take into account the potential Of 'White flight

in fashioning his order.

/ . . . ST. LOUIS SITUATION DESCRIBED

Now let me discuss with you St;Louis a little bit. I know you haVe

no reason to know too much about the St. Leuis situation, but let me

describe it for yen and-just take. my word thatlny deicription of it

: is fidrly adcurate. My father used to be on the school board in St.

Louis and I used to go to all the meetings with himLstarting when I

1 was about 9 yearS of age till I waS 15. He served 6 years.-.It waS during

7 Lis en urEcon-th-6,1YOrircl-tharthe-St7Lovis7kho-ols-Twerwinte-grated. And he was .the leading proponent of integ. rated schools. In those

-. days there were two.black. high schools in St. Louis, eight white high

schools. I do Ooi remember the mix of elenoentary schools. But , they

wore black and they were white. St. Louis is an old town-that has .both.

eastern .affiliationa and southern..I just give that for this history.

St.:1)touis. City is a city now of about 600,000 people. The_St. Louis

schools. system -is exactly coterminus with the The..city is not in

the county. St. Louis County now:is 1.1 million people. It. is the

. rich area.' It is the Montgomery County -area. -And' there are

about 20 school systems out. there. Butt St. Louis Citythere

is one sdlid St. Louis City system By the. way, 106 years ago, the

.record will show that St. Louis-Cy had a chance to annex all that

l9rnd out there and they said : "No, we don't want that farmland frOm

You, out there. We will just keeg the city the way it is. The hell, with

'the crummy farmland.7 . , '.

OK, now in the St. Louis publi c. sclool systemb. the way, there

are 5 members out of 12 who are blackhere is the mix, the racial mix.

in the St. Louis City school system. It is 73.5 percent black, and 26.5

percent white.. Basically, to oversimply it, north St. Louis is black,

south St. Louis is'white. I am oversimplifying it a little bit.

A suit was filed in. St. Louis about 3 years ago. At That time the

racial mix was fairlymaybe it. was 68 percent:It has now.gone up to

73. The case just sort of sat there for quite a while. The NAACP knew

of the case, sent a cenple of guys out froM time to time to do some

work on it, but they, never entered the case as principal counsel. They

were sort of casual cOnsultants:

6 4
62

Just before. Christmas, a consent order *as proposed. The blaCk 1)firentspf the black children werd the plaintiffs as a class. They agreed.. to a consent order with the St..Loui hool board and. tbe onsent 'order xalledsfor the, ;foliowing thu s here would have to :13e,'by formula, a change of faculty. It w_ oken doWn. The white.chools had White teachers. The black scho ad black teachers. So they had a formula to start changing that. Magnet schoolsit did not say Atow manybut that thece 'Would be magnet sehoolsond then the j dge found,,and he entered it in part of his findings, in this consent rder, that there was .'gegregation in St.-Lonis; as a matter of fad, but not as a matter of law. There is a dispute now'; as I read the or( er, as to what does he sày. But he did say .Ido find in ,the St.,Louis school system, segregation as a matter of fact,period.

At the very lag moment he said that that consent decree would be open to comment and challenge foi. 30 days. Oo the 29th day the NAACP; tVnational .group, came in and asked to be heard:;They said they objected to the consent order. Did they have the right to intervene, blah, blah,.blah.- The court ruled against them and now it is going to'go np on appeal to the. eighth Circuit Court of Appeals.

EFFECT OF EXTENSIVE BUSECO

I am sorry to taKe so long spelling this 'out, but I wanted to give yon the flavor. Now I get to my question. As. I say, the St. Louis school system is 73 -.percent. black. Assume that- under thDetroit

opinion.there Was no collusion between the county school system's and the city'school systems. Assume that there is this black North St. Louis and the White South St. Lonis..What do you think, based on your_ ex- perience with these matters; what .do you think would be the effect of an extensive busing order -to try to make e-very school roughly 70 to

75 percent black and 30 to 25 pereent white? . Mr. PiEncE. What do I think the effect would be?

Senator EAGLETA. Yes, in terms of wli-ite flight? Mr. PIERCE. Well, I suspect, Senator. I ineair, I do not say that there'. are ,not people who would leave,the-citY'-because they are required to move. I mean, I am certainly not going to.go on record here and saythat. But I suspect there wOuld be -softie people' Whii,Would be angry and they would try to move. It just. seems to ine that that is fairly inevitable.

. But I think the question raises som'ething that is slightly broader. It ..seeips to me that every time there is _ail order or a piece of legislation, which turns out. to require soine major.social policy or result, that there. are people on both sides and there are people who make adjustments in-their lives. And T am sure -that in St. Lonis, if 'they were required to have a transportation situation, tliat there. would be whituarents who would leave.

I would add. that part of our problem in this area is, of course, we. cannot seem to get a basis or a handle on litigation to establish the

right to a quality education. One of the things, the point that we try

to make,is tloit the puiTose' for which minority parents bring these suits is not just- to have white children and black children sitting next

to each other. But it seems the only way you can get an equal distribntion of the meager resources is to have that situation in place.
63

` Senator EAowrox. You are absolutely right.. Mr. PiEncE. And then, of course, there ,just seems to be no choice. So you know it is always unpopular to those people who have to

be moved. and. I do, not think that there is any way that, that can be.

avoided.

Senator EAorxrox. The real clout in a Civil rights suit of this

typeI couldn't agree with you more.--.-is, you, k-now, Messy V. Fergmson, separate. but equak.that went down the tube in Brown v. Board of Rthication. But. you. and I both know that Ahere are me 'ay

, 'school systems in which the resources and materials books, the quality of the materials, the facilities, are still inferior in many black areas of urban America and is still superior in many white areas of urban

America. That is a fa& It is a fact.

And so, when black parents, black activist leaders feel that one of

the things theY -can get. out 'of a suit is thatmy God, we at least start to rectify that. You know, there should be no debate over that.

It is not even debatable. But it is so sad that the factual truth is that

those disparities exist. Mr. PIER6E. If I emild just. add one other thing, Senator? I think

the anique'thing about the order of the'court in Massachusetts is that

at the' time of the remedial phase--there were a great many people

who .came together and said we cannot have a plan imposed here that

is a traditional plan that ultimately just moves people.from one location to another.

PLAN MUST INCORPORATE EOUCATIONAL FACTOR

We have to have a plan that takes into account the factor of educa-,

tion...And I think, to the credit. of the court there, Judge Garrity went

a long way to try to include things that have been suggested to him

to get at some of these, educational factors:,the business of including

universities and others because, I mean, what theSe suits are really

about is they are about education, reall. That is the critical factor.

And what we have in Boston, is that we had a bad educational

system for everybody that was made worse for minority children .by

delibmte aetion. The suit. itself was to effect an equal distribution of

the resources, burstill, beyond that, a lot needed to be.done to bring

the entire system up. And I thiuk the court.in Massachusetts, through

its order, has at least made the first attempt to get at the educational

factors that. are inherent in this process. Senator Ema.rros. I haVe a question that. Senator Brooke wanted

me to ask of you,*if I may. Would you favor increasing emergency sclmol aid funding bi,r increasing the amount of discretionary funds avflilal)le to the U.S. Nmmission of ,Edneation'? Senator Bro-oke ha ,. wade this kind .of

proposal. Shall I repeat it ? Would you favor--

Mr.. PIERCE. I understand the question.

I think. Senator- mean. it seems to me that the alternative to that

is to have the funds repose exclusively in the hands of the sch6ol

committee. I think that I would prefer to haveto probably have

the funds in a Commissioner of Education. But as I say, the key factor

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for us, in our view, is not jiist prescriptive' guidelines, but that the Commissioner have a sense of- the necessity of strict monitoring. That is really what we are after when I talk about the.use of the funds. And we want to make sure that they are used properly. So I would hope that the CommiSsioner, even if hehas the discretion; would see to it ; that he could 'fashion sornething. that wduld require some moni- toring system that .would really get at bow the moneys are spent, how

those monies are used. That really is what is our fear in Boston. What the major did not tell us yesterday,..,is that all the problems of the budget, the deficit-4ow' much of the deficit results directly to the costs spent opposing all of this business.

:1U5E OF FUNDS.,

And what we are concerned about is that all of this money May not be used for educational purposes. And we really are for anything to impact on education. But we' are certainly not, for anything that leads

to increase .oppdSition pr at least pays for opposition. Senator. Rtourrdx. Well, the law that we are operating under here tends to prohibit, the use of funds for anything other than educational purposes. This supplemental business that we are talking about is in an educational 'supplemental. It is not a legal service supple- mental. It is not a pay the lawyer supplemental.

It is not the Boston School Committee Sinking fund supplemental.- This is an education bill and these morieys are supposed to be used. fdr edncation.

I, Harley, will want to send a letter. I hope that Chairman Mag- nuson will antlidrA-lie 'letter and Mr. Brooke. who is .the ranking Republican. and I would like to sign it too, directF.Ig the Commis- sioner of Education. refreshing:his memory, that this, is an educa-

., tiOnat bill that this $50 million is education money, and nothing else but education.

And I would -like to haye appended to ehat letter either the full

statementof Mr. Pierce or such excerpts that relate to it, Theate. and .unlatnented President Nixon used to say we will make

it crystal clear as to what the intent of this comMittee,,the intent of Congress is. '

Mr. PIERCE. Thank you very much, Senator.

Senp,tor EAm.rro-s.. Yes. And I nnk it onght to be very force- fully: directly stated in the report of this bill 'Mid the report be

--attached and underlined to th'e Conmiissioner, OK?

Mr:PIERCE. Thank yon vei'y inuel.Scmator.

... Senator EAOLETON. Mr. Pierce,1 antweeinte your appearance here. I think von have made some very telling points. How long have you

been. practiCing law ?

Mr. PIERCE. Six years,

St-MOM:MT= RECESS

Senator Emu,rrox..The sulwomMittee Will stand in recess..

[Whereupon, at l=2 :29 p.m.. Thursday. February 26. subcommittee

was recessed, to reconvene at the call of the Chair."

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