Court Rules that South Must Follow HEW School Integration Guidelines

    r 
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ene ™, President 
‘ Hon. Francis E, Rivers 

PHDRSAEREMSASE Director Catesel 
egal efense und SATURDAY Jack Greenberg 

Di m. Director, Public Relations NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. ecember 31, 1966 Joris DeVore Ye 
10 Columbus Circle, New York, N.Y. 10019 * JUdson 6-8397 NIGHT NUMBER 212-749-8487 

COURT RULES THAT SOUTH 
MUST FOLLOW HEW SCHOOL 
INTEGRATION GUIDELINES 

NEW ORLEANS---The U.S, Court of Appeals for the Fifth Circuit, in a far 
reaching opinion, ruled today that guidelines of the U.S. Department of 
Health, Education and Welfare should be followed by federal courts in 
school desegregation orders. 

By a 2-1 decision, the court said that all grades including kinder- 
garten should be desegregated by the fall of 1967, 

The court's opinion was handed down in connection with seven school 
segregation cases filed last May by the attorneys of the NAACP Legal 
Defense and Educational Fund, Inc, (LDF). 

The cases involved school boards in the Louis.ana parishes of Caddo, 
Bossier, Jackson, and Clayburn, and the Jefferssr County, Alabama, Board 
of Education and boards in Fairfield and Besemer, Alabama, 

Mr. Jack Greenbeoxc, Director-Counsel of the LDF, said that, based 
on this new court ruliig, the LDF will now reopen most of its "175 
school cases to bring them up to HEW standards." 

He further asserted that the LDF would urge HEW to enter into the 
enforcement of desegregation in those communities that have been hithert 
insulated from the HEW guidelines because of court orders, 

The LDF, which acts as the legal arm of the entire civil rights 
smovement, has waged a continuous campaign of action through the courts 
for civil rights. Aided by a network of 254 cooperating attorneys 
throughout the nation, the LDF now handles an estimated 90 percent of 
fall civil rights cases, 
i 
j Judge John Minor Wisdom, who wrote the majority opinion, said that 
many school districts had sought refuge in the federal courts by obtain- 
ing quick decrees providing for desegregation according to plans greatly 
at variance with the guidelines. 

Under the guidelines, segregated school systems are denied federal 
aid. However, those school districts that are under federal court order 
to desegregate or whose officials have pledged to comply with the 1964 
law continue to receive federal aid. 

Judge Wisdom said that the court would not permit the Lower courts 
be used to destroy or dilute the effectiveness of congressional policy. 

Judge Wisdom further noted that the HEW guidelines were “substan- 
tially the same as the court's standards" and that “courts in this cir- 
cuit should give great weight to HEW guidelines." 

The court also directed those school districts that cannot meet the 
HEW minimum standards “to ask HEW for assistance." 

The Civil Rights Act of 1964 provides that, upon request, the 
Commissioner of Education may render technical assistance to public 
school systems engaged in desegregation, The Commissioner is also em- 
powered to make grants to school boards to defray the cost of providing 
in-service training on desegregation. 

Judge Wisdom, who ordered “immediate compliance" for “all grades," 
expressed a clear indication of impatience when he added, "There is no 
bonus for foot-dragging,. " 

The attorneys for the LDF were Director-Counsel Jack Greenberg, 
James M. Nabrit III, Charles Jones, and Norman Amaker. 

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