The Colleges

In January 1961 the Commission made its second report to the President and Congress in the field of education: Equal Protection of theLaws in Public Higher Education, igGo. 1 This traced the development of separate public colleges for Negroes in the latter half of the igthcentury, the role of the Federal Government in the establishment andfinancial support of such institutions, and certain related Federal policies as they affect equal protection of the laws.

Three proposals were made. The first recommended that Federalfunds be granted only to public institutions which do not discriminateon grounds of race, color, religion, or national origin. No executive orlegislative action in this regard has been taken.

The second recommendation dealt with the enforcement of constitutional rights. The Commission proposed that Congress consider authorizing the use of three-judge courts in cases presenting substantialissues of fact as to denial of equal protection in public higher education. There has been no legislation on this matter. In the Universityof Georgia case, discussed hereafter, the only relevant case decided sincethe publication of the Commission's report, suit was filed in September1960 and the court denied a preliminary injunction that would haveallowed the plaintiffs to attend the university immediately. Final decision, however, was quickly reached, and the plaintiffs were admittedto the university in January 1961. The early admission of the plaintiffs was due in large measure to a change in State policy in the faceof the Federal court's action (and in some degree to swift action bythe United States Court of Appeals for the Fifth Circuit in vacatinga stay granted by the district court). If a three-judge court had beenavailable in this case, along the lines of the Commission's recommendation, such a court might well have been more willing than the singlejudge to issue a preliminary injunction in September, with the resultof even earlier admission of the plaintiffs. A new suit in Mississippishould cast further light on the potential usefulness of the Commission's recommendation.

The third recommendation pointed out the need for action to alleviateacademic handicaps resulting from inferior educational opportunities.

The Commission recommended Federal aid to the States for programsdesigned to assist public school teachers and students of native talentwho are handicapped professionally or scholastically as a result ofinferior educational opportunity or training. Chapter 8 of the presentreport describes some programs that serve this purpose and indicates agreat need for them in all parts of the Nation. Although the firstsession of the Syth Congress has had educational bills under consideration, no measure of the type recommended by the Commission has beenintroduced. The President's messages and recommendations to theCongress concerning Federal aid to education likewise ignore the Commission's recommendation.

UNIVERSITY...