Introduction

Our progress as a Nation can be no swifter than our progress ineducation. Our requirements for world leadership, our hopesfor economic growth, and the demands of citizenship itself in anera such as this all require the maximum development of everyyoung American's capacity. The human mind is our fundamentalresource.

President JOHN F. KENNEDY.

The Supreme Court pointed out in Brown v. Board of Education ofTopeka, 1 or the School Segregation Cases, that education is perhapsthe most important modern function of State and local government."In these days," the Court said, "it is doubtful that any child mayreasonably be expected to succeed in life if he is denied the opportunityof an education." 2 But, like all governmental functions, this one mustbe carried out in conformity with the Constitution which requires thateducation provided by State and local governments be available to allpersons on equal terms.

The heavy cost of discrimination in the schools, both to those deniedequal opportunity and to the Nation as a whole, led the Commissionin the Spring of 1958 to include public education in its studies. Thisdecision rests on the authortity granted by the Civil Rights Act of 1957which directs the Commission to "study and collect information concerning legal developments constituting a denial of equal protectionof the laws under the Constitution," and to "appraise the laws andpolicies of the Federal Government with respect to equal protectionof the laws under the Constitution." 3

The Commission has issued two previous reports on the denial of

constitutional rights in the field of education. The first, a part of the

Z 959 Report, dealt with public elementary and secondary schools. Thesecond, in January 1961, was confined to public higher education. 4

The present report returns to the subject of the first: denial of equal

protection in public elementary and secondary schools.

I

Since the 7959 Report went to press, there have been developments inthe field of public education of great import to the future of America.One school system closed its doors in September 1959 to avoid thenecessity of abandoning racial segregation as required by court orderand they were still closed during the school year 1960-61. Tuitiongrants disbursing State and local funds to pupils who prefer to attendnonsectarian private schools have been widely used in one State, thusweakening the financial support of its public education system. Legislation adopted in other Southern...