Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-07-26

Text OF Judge BYon's Decision.
Poee BIZ
turned down for the present a
plea by Negro attorneys for a
comprehensive Arlington de-
segregation plan. He specifi-
cally upheld the countv's as
signment program, provided it
is administered impartially.
In denying the applications
of % Negro children. Judge
Bryan said the School Board
ha0 not applied its ass: gnment
criteria equally to IL of the ap-
plicantS. He upheld the school
boards rejection of the other 10.
THE criteria used by the
school board in 1858, and then
for the most part approved by
the court" he said, have been
employed by the board in the
present assignments. The cri-
terra are still approved. But in
some instances the application
of the criteria by the board this
time has not been uniform as
between the white students and
the Negro petitioners"
! In denying the Negroes mo-
ton for a comprehensive de-
segregation plan, Judge Bryan
said he was turning it down
at this time" because his order
with respect to the % appli-
cantS provides the remedy that
would be accomplished by such
a plan.
IL Ordered Admitted
Judge Eryan added seven Ne
gro2s to the four previously
admitted to Stratford Junior
High Schocl: directed four to
be entered for the first time
at Washington Lee High
School, and said one new adj
mission must be made at Pat
rick Henry Elementary School.
Since February 2, Stratford
has been the county'S only
integrated school.
, Eighteen of the applicants
had been rejected by the board
for lack of academic accom-
plishment. although there
were white children in the
classes involved with lower
standing than some of the APP
plicants. Judge Bryan said the
school board was justified last
year in employing this criterion
in the manner it did because
a new situation was involved
and academic levels of the
classes would have been
lowered.
Now, however, the classes
are about to be constituted
anew" he said. Therefore,
they cannot be declined ad%
mission to a class if other chilE
dren of the lower-half stand-J
ing are to be accepted.
Should any classes be es-
tahlished with reference to the
national median (of academic
accomplishment or some other
standard. admitting only those
above it, then any white or
Negro pupil not possessing
these qualifications could be
excluded from these classes.
provided all students were
given an equal opportunity to
enter such classes"
2 Academic Reflections
He concluded that only two
OF the 18 rated by this cri-
terion could be rejected solely
on academic grounds.
He also concluded the cri-
terion of overcrowded schools
had been unevenly applied.
The four children he directed
admitted to Washington-Lee
next September were validly
turned away last September
because the school was al
ready filled beyond capacity"
He added:
But now they cannot be
singled out for rejection
for overcrowding alone. The
boards rejection of these four
on this score cannot stand"
The 10 reflections by the
school board which were suS-
tanned by Judge Bryan were
based on the criterion of at
tendance area. All of the 10
live within an area designated
by the county as the Hoffman,
Boston attendance district.
Hotfman-Boston is all Negro.
Frank G. Reeves of Alexan-
drla, one Of the attorneys tor
the Negro applicants, said II
have not yet had the oppor-
tunlty to read the decision but
on the basis of information re-
ceived thus far l am gratified
that at least II more children
will be provided an education
on a desegregation basis"
Consultation Planned
l.. Lee Bean, school board
cha rman, said the board would
have to consult with attorneys
before deciding nc..t step.
The case came bore Judge
Bryan for the second ne be-
cause the Fourth Circuit Court
of Appeals directed the school
board to reconsider the appli-
cations. The % were among 80
who sought admission to white
schools last fall. The school
board turned down all of them,
Judge Bryan ordered four Of
them admitted to Stratford en-
February 2 and four others Of
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