Adams v. Califano Ruling Requires Resubmission of HEW Desegregation Plans

    ety 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 

egal efense hamd 10 Columbus Circle, New York, N.Y. 10019 © (212) 586-8397 

The NAACP Legal Defense and Education Fund, Inc., issued the 

following statement commenting on today's decision (April 1) by 

U.S. District Judge John Pratt in the case of Adams v. Califano, 

which was originally filed as Adams v- Richardson in 1970. 

Judge Pratt's decision today, granting a Legal Defense Fund 

motion made nearly two years ago, orders the Department of Health, 

Education and Welfare to revoke statewide higher education dese- 

gregation plans which HEW had approved in 1974, and requires the 

submission of new plans by September. 

In this long-standing civil rights case LDF charged HEW with 

failure to enforce Title VI of the Civil Rights Act of 1964 and to 

eliminate discrimination in elementary and secondary schools, state 

administered special schools and institutions of higher education 

which receive Federal funds. LDF's basic charges have been sustained 

by the courts in numerous decisions. 

In 1973 the U.S. Court of Appeals for the District of Columbia, 

ruling on the higher education aspects of the case, ordered HEW to 

secure plans to desegregate postsecondary educational systems in 10 

states. LDF went back to court in August 1975 with the motion de- 

cided today, charging that HEW had approved inadequate plans. Judge 

Pratt's decision today agreed with that contention. HEW must develop 

new criteria for desegregating higher education systems by July 1. 

The affected states are Florida, Georgia, Oklahoma, Arkansas, 

virginia and North Carolina. Among the remaining four states, 

Contributions are deductible for U.S, income tax purposes 

OT 



444 
Mississippi and Louisiana are being sued by the Department of 

Justice; Maryland is involved in litigation in the Fourth Circuit 

Court of Appeals; matters involving Pennsylvania are being negoti- 

ated in a separate settlement. 

Jack Greenberg, LDF's Director-Counsel, and Jean Fairfax, 

Director of the Legal Defense Fund's Division of Legal Information 

and Community Service, stated that LDF's objective in the Adams 

case has been to expand the numbers of blacks as policy-makers, 

administrators, faculty, nonacademic staff and students in the 

formerly all-white institutions and to enhance the traditionally 

black colleges. 

"To allege that LDF seeks the closing of black institutions 

is a total misunderstanding of this suit," Miss Fairfax said. 

Judge Pratt's order today agrees with LDF's position that the 

burden of desegregation must not be placed on blacks. Miss 

Fairfax also called upon black citizens groups in the affected 

states to make their concerns known to Secretary Califano as HEW 

develops its new guidelines this spring. 

"LDF's staff and cooperating attorneys will continue to 

monitor HEW's performance to assure that HEW makes good the 

promises of the Civil Rights laws and does not return to the 

benign neglect philosophy which brought on this lawsuit in the 

first place," Mr. Greenberg said.