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State school decisionBoards can set zonescan't segregate pupils#SAN h RANCISCO (AP — A “It is obvious, however, that thehx’al board of education has the|general powers of the board, withpower to establish school attend-; respect to attendance zones, are ance zones, but in doing so it can- subject to the constitutional guarnot establish racial segregation, antees of equal protection and due the State Supreme Court said to- process.♦ *(*av The court pointed out that ear-The decision involved a Pasa-ilier U.S. Supreme Court decisionsdena Negro boy. Jay Jackson, had ruled that segregation of who had asked the lx)s Angelesjschool children into separateaupmor i our! to order the city schools because ol race deprived school board to permit him to youngsters of minority groups ofuunsiei irum a junior mgn senooi equal opportunity and of due pro-which had majority Negro enroll-cess of law.ment. to anothei school, with less court saKj “residential seg Negro attendance......re,Ra„on ^ jn jtse|(- an evj, whjchThe lower court upheld the tends to frustrate the youths in school board s objection to the... , . . . , area and to cause anti-socialyouth s complaint, saying the amttjde» and behavior.board had wide discretion in ,establishing school zones. .. Whe.re suchL. ?*«re*a‘10n1 «*“•*The court's'unanimous decision. “ is ot en0“«h lor a school board written by Chief Justice Phil S. t0, rcfrain ,rnm. aff,rma,lve dls'Gibson, said the Pasadena board/1'1™113'0^ conductin July 1961, had gerry-mandered harm^l influence on thethe McKinley Junior High School cnuaren win oe renecteci and m-zone so that aLl of tlie graduating tensified in the schoolroom if1 — — ~ ^— - 1 — — ^ ■ ■■ w m m m •elementary school pupils from the schoo! attendance is determinedneighboring Linda Vista district. on a P^raphic basis withoutwould go to the McKinley school corrective measures.” the court instead of the Washington Juniori8*™High which young Jackson at- Tht’ decision added however, tended “school authorities, of course, are“A local hoard of education has not required to attain an exact power, in the exercise of reason- apportionment ot Negroes among able discretion lo establish school ^e schools, and considerationattendance zones within the dis- muv* given to the various lac triot. to determine the area that a ,ors 'n t af ^ ca::e’ including theparticular school shall serve, and practical necessities of govem-to require that the students in that mcn,a! operationarea attend that school.” the deci- “For sample, consideration slon saifj should be given, on the one hand.to the degree of racial imbalance in the particular school, and the extent to which it affects the opportunity tor education and. on the other hand, to such matters asthe difficulty and effectiveness of revising school boundaries so asto eliminate segregation and the availability of other facilities to which students can he transferred ” the decision said.The high court, in reversing the lower court's refusal to hear young Jackson’s request for transfer. in eftecf put the matter back into the hands of the lower court for handling under the rule laid down in the decision.
Newspaper Details
Oxnard Press Courier
Oxnard, California, US
Fri, Jun 28, 1963
Page 28
Full Page
Clipped by
California S.
CA, DZ 25 Apr 2021
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