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White House Special Files Unit Files
Issue Decision Papers for the President
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Busing for school integration
Education, Elementary
Education, Secondary
Legislation
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The original documents are located in Box 4, folder "Busing, June 2-19, 1976" of the White
House Special Files Unit Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
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copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 4 of the White House Special Files Unit Files at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
WASHINGTON
June 2, 1976
MEETING ON SCHOOL DESEGREGATION
Wednesday, June 2, 1976
3:15 p.m. (90 minutes)
The Cabinet Room
From: Jim Cannon
Join
I. PURPOSE
To review the proposed legislation developed by
the Attorney General regarding the orderly adjudi-
cation of school desegregation and to discuss
proposed approaches to help a community avoid a
court order to bus.
II. BACKGROUND, PARTICIPANTS AND PRESS PLAN
A.
Background: Last Saturday, when the Attorney
General announced that he had decided not to
file a brief in the Boston case, the White
House Press Office released your statement
indicating that you would consider:
1.
legislative remedies to minimize forced
school busing, and
2.
other possible actions that can be taken
to provide communities with assistance
in achieving equal educational oppor-
tunity for all.
B.
Participants:
Attorney General Levi
Secretary Mathews
Secretary Usery
Under Secretary John Rhinelander
Dick Cheney
Jack Marsh
Robert T. Hartmann
Phil Buchen
Max Friedersdorf
Paul O'Neill
GERALD
Jim Connor
Robert Goldwin
Bobbie Kilberg
James Cannon
Jim Cavanaugh
Dick Parsons
Art Quern
Dave Gergen
C.
Press Plan: The fact that you have met with
Attorney General Levi, Secretary Mathews and
other members of your Cabinet and senior
advisers is to be announced.
We recommend that we leave open the question
of when any decision will be made on the issues
discussed.
III.
TALKING POINTS
1.
First, I suggest we begin by reviewing the
Attorney General's proposed legislation.
Call on Attorney General Levi, then open issue
to discussion.
2.
Take up alternatives to court ordered busing.
Suggest, in turn, Bill Usery, Phil Buchen,
and Secretary Mathews each describe briefly
his alternative, then open for discussion.
3.
At the completion of these discussions, we
should talk briefly about the plan for and
timing of the presentation of your decisions
to Members of Congress, Civil Rights communities,
other interested parties, and the public at
large.
INFORMATION
THE WHITE HOUSE
WASHINGTON
June 12, 1976
MEMORANDUM FOR THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
U. S. Attitudes toward Desegregation and
Busing
The most recent data available indicating national
attitudes toward school busing is in a Harris poll
published last October 2 (attached).
In brief, this Harris Poll indicates that Americans
favor school desegregation by 56% to 35%; but they
oppose busing by 74% to 20%.
Attachment
The Harris Survey
For Release October 2, 1975
DESEGREGATION ? YES,
BUSING ? No.
By Louis Harris
Although the American people favor the desegregation of the public schools system by 56-35 per cent,
a lopsided 74-20 per cent majority opposes busing school children to achieve racial balance.
Better than two out of every three Americans also say they would be unwilling to see their own chil-
dren bused for racial purposes even if ordered by the court. These figures have scarcely changed since 1972.
When asked to cite their greatest concerns about busing school children to achieve racial balance,
the people did not give racial fears as their main reasons. Instead, a substantial 77 per cent of those who
objected offered the following explanations: "Children should attend schools in their own neighborhood"
(28 per cent); "Busing is expensive and a waste of money" (16 per cent); "Travel wastes too much time, makes
the day too long" (11 per cent); "Busing causes an inconvenience to children" (5 per cent); "Children should not
be separated from their friends" (3 per cent); "Busing uses gasoline unnecessarily" (2 per cent).
The 20 per cent of the public who did offer objections on racial grounds mentioned such factors as:
"Desegregation with blacks lowers the quality of educational standards" (10 per cent); "Oppose racial integration"
(4 per cent); "Will make race relations grow more tense" (4 per cent); "Psychologically degrading to children"
(2 per cent).
The Harris Survey asked a national cross section of 1,497 adults: "As a matter of principle, do you
favor or oppose desegregation of the public school system in the United States?"
DESEGREGATION OF PUBLIC SCHOOLS
Favor
Oppose
Not Sure
%
%
%
Nationwide
56
35
9
By Region
East
57
33
10
Midwest
48
41
11
South
58
32
10
West
64
32
4
By Politics
Conservative
53
39
8
Middle of the Road
55
36
9
Liberal
72
26
2
In every region of the country and among people of all political philosophies, a clear margin favors
desegregation of public education in principle.
The Harris Survey then asked: "Would you favor or oppose busing school children to achieve racial
balance?"
BUSING TO ACHIEVE RACIAL BALANCE
Favor
Oppose
Not Sure
%
%
%
1972
18
76
6
1975
20
74
6
By Region
GERALD
East
20
70
10
Midwest
19
74
7
South
18
77
5
West
27
70
3
By Politics
Conservative
16
81
3
Middle of the Road
17
78
5
Liberal
31
63
6
Just as people of every region and position on the political spectrum favor desegregation of schools
in principle, they also oppose busing as a means of doing SO.
Although the American people may publicly say that inconvenience is the main reason for their dis-
approval of busing to desegregate schools, they would seem to have other, private reasons for their opposition.
-OVER-
-2-
The 47 per cent of the households in the survey that have children 18 years of age or younger
living at home were simply asked if the children were bused to school. A substantial 40 per cent said they
were. This group was then asked if they found the experience inconvenient. By 89-9 per cent, they did not.
They were then asked if they were satisfied or dissatisfied with busing their children to school. By 87-13
per cent, an overwhelming majority expressed satisfaction with busing.
By their own admission, parents find virtually no problems in having their children bused to school
for non-racial purposes. Thus, it may be concluded that it is the racial undertones of the current busing
question that have made it so rancorous. This is also the reason why the American people who say they are
in favor of school desegregation are so uptight about the issue. It may be clear that Americans do not view
busing as an acceptable means of desegregating the schools, but there is no guarantee that some other solution
leading to school integration would cause less pain and turmoil.
(c) Copyright 1975 by the Chicago Tribune.
GERALD
HEALTH
OF AND
THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
WASHINGTON, D.C. 20201
JUN 18 1976
MEMORANDUM FOR THE PRESIDENT
I found our meeting on Saturday with community leaders involved in
keeping their communities and schools together during a desegregation
process both important and instructive. It strengthens my sense that
a national committee can serve a very constructive purpose. The views
I have received from you and your staff lead me to recast somewhat my
specific proposal of May 20 for the establishment of the committee.
Specifically, the changes include:
Increase the size of the committee (up to 100 members) and
reduce the size of the professional staff in light of the ex-
periences related to us on Saturday. Relatively large groups
seemed to dominate the local efforts, and the direct involvement
of people such as those you met seems preferable to the use of
professionals.
Empower the committee to make very small grants (not to exceed
$30,000) in order to help citizen alliance groups to begin
operations in pulling communities together. More substantial
assistance would continue to come from Emergency School Act
funding, though this authority would be made more flexible to
deal with situations where the school boards were uncooperative.
In my earlier proposal, I suggested that the committee could be
established through an Executive Order. It is my understanding from
our discussion Saturday that you may prefer the legislative approach.
Therefore, I have redrafted the proposed Executive Order as free-
standing legislation (Tab C), in order to provide that alternative.
It continues to be my view that the Executive Order approach provides
the best chances for a committee to come into existence in the near
future since the chances of Congressional consideration of legislation
this session seem low. I do recognize, however, that even the Executive
Order approach could be subject to point of order when we seek appro-
priations for the committee.
Page 2 -- Memorandum For The President
I have enclosed a more specific description to the proposed committee
and its operation (Tab A), draft Executive Order (Tab B), draft legis-
lation (Tab C), and a draft message to the Congress (Tab D). I would
urge that if the legislative approach for the committee is selected,
it be handled as a separate bill from the Justice Department's legis-
lation in order to avoid the problems of dual referrals in the Congress.
Finally, I have reviewed the problem of Title I funding raised by
Mr. TeKolste of Omaha. While current law does permit a three year
waiver on loss of funding due to changed school attendance areas,
this provision does not take care of all problems such as faced by
Omaha. Proposals now pending before Congress, however, do address
this problem including: 1) the Administration education bloc grant
proposal, and 2) the Senate higher education bill (S. 2657) which
contains an amendment to Title I to permit funds to "follow the child."
We need not, therefore, suggest new legislation with respect to this
issue in this legislative proposal.
Danad Wallez
Enclosures
A T B
A
TAB A
ESTABLISHMENT OF THE NATIONAL COMMUNITY AND EDUCATION COMMITTEE
Summary Description
In an effort to encourage and facilitate constructive, comprehensive
planning for school desegregation at the local level, it is proposed
that the National Community and Education Committee be established by
legislation. The Committee would be a Presidentially-appointed, bi-
partisan group of citizens drawn from all segments of our society
with specific emphasis on those who have had experience in desegregation
efforts. Its charge would be to assist local communities in carrying
out desegregation planning activities designed to build lines of
communication, avert disorder, and encourage constructive interracial
community efforts.
Specific Function
The Committee's chief responsibility would be to advise local com-
munity leaders at the earliest stages of desegregation planning.
Assistance would be initiated at the request of the affected community,
and at that point a determination would be made by one or more Committee
members as to what course of Committee activity offered the greatest
promise of success within the particular community. In general, however,
the orientation of the Committee would be toward working quietly with a
broad spectrum of local leaders to identify problems before they de-
velop and to help local groups organize and devise solutions which
could be carried out locally. While working within a community, the
Committee would function primarily in a supportive and advisory role.
In the course of its consultations with the community and the school
district. one of the Committee's functions would be to inform local
leaders of additional sources of desegregation assistance (Federal,
State, local and private) and encourage that these sources be investi-
gated. Such sources include direct funding through the Emergency
School Aid Act; technical assistance through OE's General Assistance
Centers; OE's ten regional offices, and the Justice Department's
Community Relations Service; formal mediation service through the
Federal Mediation and Conciliation Service; and other forms of aid
through the U.S. Commission on Civil Rights, State human relations
agencies, and related private agencies. In addition, the Committee
would provide a ready source of information and experience on the
kinds of activities and planning which has helped other communities
avoid trauma and disruption.
-2-
Although the Committee's activities will overlap to some extent with
those of the existing organizations mentioned above, the Committee
should be able to minimize unnecessary duplication through careful
liaison with these other resources.
In keeping with its general functions already described, the Committee's
role would not be to serve as a court-appointed intermediary between
parties in a legal suit related to desegregation. Mediation would be
a proper role for the Committee only in instances where it was con-
ducted informally and with the voluntary participation of the major
elements of the community. Similarly, the Committee would not be
empowered to act for any State or Federal agency in an enforcement
or compliance capacity. Moreover, it would not be expected to draw
up desegregation-related student assignment plans at the request of
a State or Federal agency.
Federal Incentives for Comprehensive Community Planning
The Committee is intended primarily to provide help to school districts
whichhave not yet adopted or been ordered to adopt a desegregation plan
(although districts at other points in the desegregation process cer-
tainly could also receive assistance from the Committee). In order
to provide support for districts which are conducting comprehensive,
community-based planning for desegregation, it is proposed that a
specified amount of funds in the Emergency School Aid Act (ESAA)
discretionary account be set aside to support local planning acti-
vities, including those initiated with Committee involvement.
The ESAA discretionary account (Section 708 (a)) is the only part of
the ESAA under which a school district without an eligible desegregation
plan may receive funds. Therefore, it would be possible to stipulate
by regulation that a community which showed proof of effort to conduct
community-wide desegregation planning could receive funding to conduct
such planning and other activities authorized under ESAA. The intention
would be that this planning would involve all major sectors of the
community.
Structure, Operation and Budget
The Committee would be composed of up to 100 members who would be
appointed by the President for three-year terms of office. To provide
continuity within the Committee, terms of office for individual members
would be staggered at one-year intervals. The Committee chairman would
be selected by the President, with the first chairman appointed for a
-3-
full three-year term. An Executive Committee of the Committee would
provide for leadership for the Committee, and would be elected by
the Committee member. Committee members would be expected to main-
tain their regular occupations but would be compensated at up to
EL IV for the days they work on Committee activities. To ensure
bipartisan representation, restrictions would be placed on the number
of Committee members permitted from each political party. The Com-
mittee would have the authority to hire staff on an excepted service
basis and to retain consultants as needed for specific projects.
The Committee would operate with a very small staff (not to exceed
30 people of whom at least 1/3 to 1/2 would be administrative and
clerical). The purposes of the staff would be to facilitate the work
of the Committee by providing general administrative and operating
support and by 1) identifying and documenting successful community
experiences; and 2) linking the activities of the Committee at the
local level with any needed services (e.g. DOL and DOJ) and financial
assistance (e.g. HEW ESAA funds) available from Federal sources. The
intent is that assistance to requesting communities would come from
the Committee members, but provision would be made for the Committee
to hire consultants where particularly helpful persons in a specific
situation are not themselves members of the Committee.
In addition, the Committee would be empowered to make grants not
to exceed $30,000 on at least a token matching basis for initial
operation of citizen alliance or similar community groups to support
their initial operation. Support for continuing planning for desegre-
gation and other helpful activities would come from ESAA as described
above.
The Committee's budget should be approximately $2 million.
GERALD
THE PRESIDENT HAS SEEN
THE WHITE HOUSE
WASHINGTON
June 19, 1976
MEMORANDUM FOR THE PRESIDENT
FROM:
JIM CANNON June
SUBJECT:
School Desegregation Memorandum from
Secretary Mathews
Secretary Mathews sent to you yesterday a memorandum
setting forth additional suggestions on school desegrega-
tion.
Briefly, Secretary Mathews:
--
suggests the committee of 100 members which
he mentioned at the Cabinet session yesterday;
--
proposes that the committee be set up by a
bill separate from the Justice Department
bill;
--
affirms his earlier view that a Presidential
Executive Order would enable this committee
to come into existence and come into effect
more quickly than legislation.
39
B B T A
TAB B
EXECUTIVE ORDER
NATIONAL COMMUNITY AND EDUCATION COMMITTEE
Throughout the history of our Nation, the education
of our children, especially at the elementary and secondary
level, has been a community endeavor. The concept of public
education began in the community and continuous support for
public schools has been provided by the community. Although
the States, and to some extent the Federal government, have
been providing increasing financial assistance for education,
it has become clear that the solution of many of the most
pressing problems facing our schools lies within the
community which supports those schools.
This fact has particular relevance to the problem of
school desegregation. Over the past two decades, communities
have been under pressure from the courts, the Department of
Health, Education, and Welfare, and in some cases the States,
to institute changes in the assignment of students to schools.
Too often this has been accomplished without the involvement
of the community or with its involvement only after confronta-
tions have occurred and community positions have been
hardened.
GERALD FORD LIBRARY
2
Some communities have been more fortunate, for often
individuals from within the community have anticipated the
problems associated with desegregation and have organized
to face and resolve those problems. Rather than reacting
negatively to the circumstances in which the community
found itself, these individuals have found constructive
means to contribute to improving strained community relations,
to adjust to changing conditions, and in other ways to
assure the continued successful operation of the public
schools. These individuals, who have experienced the
trials a community faces when the schools must be desegre-
gated and who have found ways to overcome those problems,
are a unique national resource that can be of assistance
to other communities that are now facing or have yet to
face these ordeals.
It is therefore the purpose of this executive order
to provide a means of utilizing this store of community
experience to activate and energize effective local
leadership in the desegregation process at an early stage
in order to reduce the incidence and severity of the trauma
that would otherwise accompany that process, and to provide
3
additional assistance to communities in anticipating and
resolving difficulties encountered prior to and during
desegregation. This assistance would be provided through
a nonpartisan National committee composed of citizens from
various occupations and backgrounds, particularly individuals
who have had experience in school desegregation activities
from within a community, in order to provide assistance to
communities that are engaged in or preparing to engage
in the desegregation of their schools. The Committee would be
composed of individuals who have demonstrated their concern
for avoiding conflict and disruption in their communities
during the desegregation of schools and who, without regard
for their personal opinion with respect to such desegregation,
have been involved in efforts within the community to adjust
to changing circumstances while ensuring the continued
successful operation of the public schools.
NOW, THEREFORE, by virtue of the authority vested in
me as President of the United States of America, it is
hereby ordered as follows:
GERALD
4
GERALD SEAL
ESTABLISHMENT OF THE COMMITTEE
Section 1. (a) Establishment. There is established in
the Executive Branch of the Federal government a National
Community and Education Committee (hereinafter the "Committee").
(b) Members. The Committee shall be composed of
not to exceed one hundred members who shall be appointed
by the President from among individuals of various occupations
and backgrounds, including individuals previously involved
within a community in activities related to the desegregation
of schools. Members of the Committee shall be selected
on the basis of their knowledge and experience in community
matters, their ability to provide constructive assistance
in preparing a community for the desegregation of its
schools, and their ability to contribute in other ways to
carrying out the functions of the Committee. Selection of
members of the Committee shall be on a nonpartisan basis,
and no more than 50 members of the Committee at any one time
shall be members of the same political party.
(c) Terms of Members. The term of office of each
member of the Committee shall be three years, except that
of the members first appointed to the Committee, not more
than thirty-three shall be appointed for a term of one
5
year, not more than thirty-three for a term of two years,
and not more than thirty-four for a term of three years.
Any member appointed to fill an unexpired term on the
Committee shall serve for the remainder of the term for
which his predecessor was appointed.
(d) Chairman and Vice Chairman. The President shall
designate one of the members of the Committee as Chairman
and one member as Vice Chairman. The Vice Chairman shall
act as Chairman in the absence or disability of the
Chairman, or in the event of a vacancy in that office, and
shall carry out such other duties as the Chairman may
direct. The terms of office of the Chairman and the Vice
Chairman shall not exceed three years.
(e) Executive Council. The executive council of the
Committee shall be composed of the Chairman, the Vice Chairman,
and five other members of the Committee elected by the
Committee. The executive council shall (1) establish
general operating policies for the Committee, subject to the
approval of a majority of the Committee, (2) approve all
grants by the Committee, and (3) carry out such other duties
as the Chairman may direct.
6
(f) Compensation of Members. Each member of the Committee
shall be compensated in an amount not to exceed that
paid at level IV of the Federal Executive Salary Schedule,
pursuant to section 5313 of title 5, United States Code,
prorated on a daily basis for each day spent on the work of
the Committee, including travel time. In addition, each
member shall be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by section 5703 of
title 5, United States Code, for persons employed intermittently
in the Government Service.
(g) Operation of the Committee; Staff. The functions
of the Committee shall, to the greatest extent possible, be
carried out by the members of the Committee. The executive
council of the Committee is authorized to appoint, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, or
otherwise obtain the services of such professional, technical,
and clerical personnel, including consultants, as may be necessary
to--
(1) identify, document, and disseminate information
concerning successful community efforts relating to
desegregation;
7
(2) coordinate and expedite the availability of
Federal assistance in support of community efforts
relating to desegregation; and
(3) otherwise enable the Committee to carry out
its functions
Such personnel shall be compensated at.rates not to exceed
that specified at the time such service is performed for
grade GS-18 in section 5332 of title 5, United States Code.
The full-time staff of the Committee shall not exceed
thirty individuals at any time.
FUNCTIONS OF THE COMMITTEE
Section 2. The functions of the Committee shall include,
but shall not be limited to--
(1) consulting with leaders in the community and local
groups in determining means by which such leaders and groups
can, through early involvement in the development of, and
preparation for, school desegregation plans, contribute to
the desegregation process in such a way as to avoid conflicts
and recourse to judicial procedures.
(2) encouraging the formation of broadly based local
community organizations to develop a program designed to
encourage comprehensive community planning for the desegre-
gation of schools.
8
(3) providing advice and technical assistance to
communities in preparing for and carrying out comprehensive
plans to desegregate the schools, involving the broadest
possible range of community interests and organizations;
(4) consulting with the Community Relations Service
of the Department of Justice (established under title X
of the Civil Rights Act of 1964), the Office for Civil
Rights in the Department of Health, Education, and Welfare,
the National Institute of Education, the U.S. Office of Education,
General Assistance Centers (funded under title IV of the
Civil Rights Act of 1964), the United States Civil Rights
Commission, and State and local human relations agencies
to determine how those organizations can contribute to the
resolution of problems arising in the desegregation of
schools within a community;
(5) providing informal mediation services among
individuals, groups, and agencies within a community in
order to resolve conflicts, reduce tensions, and develop
acceptable means of desegregating schools without resort
to administrative and judicial processes; and
9
(6) pursuant to section 3, providing grants
to community groups to initiate or foster the development
of activities described in paragraphs (1) through (5)
of this section.
COMMUNITY GRANTS
Section 3. (a) The Committee is authorized, upon receipt
of an application in such form as the Committee may prescribe
and upon the approval of the executive council of the
Committee, to make grants to private nonprofit community alliances
or other nonprofit community organizations in order to assist such
groups in the initial stages of carrying out activities
designed to avert trauma and disruption associated with the
desegregation of schools, and to otherwise assist the
community in preparing for and adjusting to such desegregation.
(b) Grants made pursuant to this section shall be in
such amounts, not to exceed $30,000, as the Committee deems
necessary to assist in the development of eligible community
organizations. No organization may receive a grant under
this section for more than one year of operation.
10
(c) In determining whether to approve a grant to a
community organization under this section, the executive council
of the Committee shall require an applicant to demonstrate,
by a showing of adequate financial or other support from the
community, that the organization has reasonable promise of
making substantial progress toward achieving the purposes
set forth in subsection (a) of this section.
(d) The Committee shall not make a grant to two or more
organizations within a community unless it determines that
the activities of such organizations are sufficiently
coordinated to ensure that their activities are not duplicative
or inconsistent.
LIMITATIONS ON ACTIVITIES OF THE COMMITTEE
Section 4. It shall not be the function of the Committee-
(1) to prepare desegregation plans;
(2) to provide mediation services under the order of
a court of the United States or of a State; or
(3) to investigate or take any action with respect to
allegations of violations of law.
11
COOPERATION BY OTHER DEPARTMENTS AND AGENCIES
Section 5. (a) All executive departments and agencies
of the United States are directed to cooperate with the
Committee and furnish to it such information, personnel and
other assistance as may be appropriate to assist the
Committee in the performance of its functions and as may
be authorized by law.
(b) In administering programs designed to assist
local educational agencies and communities in planning
for and carrying out the desegregation of schools, the
Attorney General, the Secretary of Health, Education, and
Welfare, and the heads of the agencies within that Department
shall administer such programs, to the extent permitted by
law, in a manner that will further the activities of the
Committee.
GERALD
FEDERAL INTERAGENCY COMMUNITY
ASSISTANCE COORDINATING COUNCIL
Section 6. (a) There is created in the Federal government
a Federal Interagency Community Assistance Coordinating
Council (hereinafter the "Council") which shall be composed
of a representative or representatives of each of the
following departments or agencies:
12
(1) the Community Services Administration;
(2) the Department of Health, Education, and Welfare;
(3) the Department of Housing and Urban Development;
(4) the Department of the Interior;
(5) the Department of Justice; and
(6) the Department of Labor.
The representative or representatives of each such department
or agency shall be appointed by the head of the department
or agency from among individuals employed by that department
or agency who are familiar with, and experienced in the
operation of, the programs and activities of that department
or agency which are available to provide assistance for
community relations projects, educational programs, and other
community-based efforts which would tend to reduce or eliminate
the trauma associated with school desegregation. The head
of each such department or agency shall appoint sufficient
representatives to the Council to ensure that an individual
with a working knowledge of each such program or activity
in that department or agency is on the Council.
13
(b) It shall be the function of the Council to meet
or consult with representatives of communities who are
seeking Federal support for community relations projects,
educational programs, and other community-based efforts to
reduce or eliminate the trauma associated with school
desegregation, in order to assist such communities in
(1) designing projects or activities that demonstrate
promise of assisting in those efforts, (2) determining
which Federal programs are available for such activities,
and (3) completing the necessary applications and other
prerequisites for appropriate Federal assistance.
(c) To the extent consistent with the law authorizing
any such Federal assistance program, each department or
agency listed in subsection (a) of this section shall
administer such program in a manner which will support the
activities of the Council. Each such department or agency
shall from time to time provide to the Council such additional
personnel or other assistance as may be necessary to carry out
the functions of the Council.
14
EXPENSES OF THE COMMITTEE AND THE COUNCIL
Section 7. The expenses of the Committee and the
Council, including any grants made by the Committee pursuant
to section 3 of this Order, shall be paid from such appro-
priations to the Executive Office of the President, as may
be available therefor.
C B T A
DRAFT
6/16/76
TAB C
A BILL
To establish a National Community and Education Committee
to provide assistance to encourage and facilitate
constructive and comprehensive community involvement and
planning in the desegregation of schools, and for other
purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
this Act may be cited as the "National Community and Education
Act of 1976".
PURPOSE
Sec. 2. The purpose of this Act is to create a nonpartisan
National committee composed of citizens from various
occupations and backgrounds, particularly individuals who
have had experience in school desegregation activities from
within a community, in order to provide assistance to communities
that are engaged in or preparing to engage in the desegregation of
their schools. With such assistance it is expected that
effective local leadership can be developed at an early
stage in the desegregation process in order to reduce the
FORD & LIBRARY
incidence and severity of the trauma that would otherwise
2
accompany that process. The Committee will provide an
experienced national resource that will be available to
assist communities in anticipating and resolving difficulties
encountered prior to and during desegregation. It is the
intent of Congress that the Committee be composed of
individuals who have demonstrated their concern for avoiding
conflict and disruption in their communities during the
desegregation of schools and who, without regard for their
personal opinion with respect to such desegregation, have
been involved in efforts within the community to adjust
to changing circumstances while ensuring the continued
successful operation of the public schools.
ESTABLISHMENT OF THE COMMITTEE
Sec. 3. (a) Establishment. There is established in
the Executive Branch of the Federal government a National
Community and Education Committee (hereinafter the "Committee").
(b) Members. The Committee shall be composed of
not to exceed one hundred members who shall be appointed
by the President from among individuals of various occupations
and backgrounds, including individuals previously involved
within a community in activities related to the desegregation
3
of schools. Members of the Committee shall be selected
on the basis of their knowledge and experience in community
matters, their ability to provide constructive assistance
in preparing a community for the desegregation of its
schools, and their ability to contribute in other ways to
carrying out the functions of the Committee. Selection of
members of the Committee shall be on a nonpartisan basis,
and no more than 50 members of the Committee at any one time
shall be members of the same political party.
(c) Terms of Members. The term of office of each
member of the Committee shall be three years, except that
of the members first appointed to the Committee, not more
than thirty-three shall be appointed for a term of one
year, not more than thirty-three for a term of two years,
and not more than thirty-four for a term of three years.
Any member appointed to fill an unexpired term on the
Committee shall serve for the remainder of the term for
which his predecessor was appointed.
(d) Chairman and Vice Chairman. The President shall
designate one of the members of the Committee as Chairman
and one member as Vice Chairman. The Vice Chairman shall
act as Chairman in the absence or disability of the
Chairman, or in the event of a vacancy in that office, and
4
shall carry out such other duties as the Chairman may
direct. The terms of office of the Chairman and the Vice
Chairman shall not exceed three years.
(e) Executive Council. The executive council of the
Committee shall be composed of the Chairman, the Vice Chairman,
and five other members of the Committee elected by the
Committee. The executive council shall (1) establish
general operating policies for the Committee, subject to the
approval of a majority of the Committee, (2) approve all
grants by the Committee, and (3) carry out such other duties
as the Chairman may direct.
(f) Compensation of Members. Each member of the Committee
shall be compensated in an amount not to exceed that
paid at level IV of the Federal Executive Salary Schedule,
pursuant to section 5313 of title 5, United States Code,
prorated on a daily basis for each day spent on the work of
the Committee, including travel time. In addition, each
member shall be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by section 5703 of
title 5, United States Code, for persons employed intermittently
in the Government Service.
5
(g) Operation of the Committee; Staff. The functions
of the Committee shall, to the greatest extent possible, be
carried out by the members of the Committee. The executive
council of the Committee is authorized to appoint, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, or
otherwise obtain the services of such professional, technical,
and clerical personnel, including consultants, as may be necessary
to--
(1) identify, document, and disseminate information
concerning successful community efforts relating to
desegregation;
(2) coordinate and expedite the availability of
Federal assistance in support of community efforts
relating to desegregation; and
(3) otherwise enable the Committee to carry out
its functions.
Such personnel shall be compensated at rates not to exceed
that specified at the time such service is performed for
grade GS-18 in section 5332 of title 5, United States Code.
The full-time staff of the Committee shall not exceed
thirty individuals at any time.
6
FUNCTIONS OF THE COMMITTEE
Sec. 4. The functions of the Committee shall include,
but shall not be limited to--
(1) consulting with leaders in the community and local
groups in determining means by which such leaders and groups
can, through early involvement in the development of, and
preparation for, school desegregation plans, contribute to
the desegregation process in such a way as to avoid conflicts
and recourse to judicial procedures.
(2) encouraging the formation of broadly based local
community organizations to develop a program designed to
encourage comprehensive community planning for the desegre-
gation of schools.
(3) providing advice and technical assistance to
communities in preparing for and carrying out comprehensive
plans to desegregate the schools, involving the broadest
possible range of community interests and organizations;
(4) consulting with the Community Relations Service
of the Department of Justice (established under title X
of the Civil Rights Act of 1964), the Office for Civil
Rights in the Department of Health, Education, and Welfare,
the National Institute of Education, the U.S. Office of Education,
7
General Assistance Centers (funded under title IV of the
Civil Rights Act of 1964), the United States Civil Rights
Commission, and State and local human relations agencies
to determine how those organizations can contribute to the
resolution of problems arising in the desegregation of
schools within a community;
(5) providing informal mediation services among
individuals, groups, and agencies within a community in
order to resolve conflicts, reduce tensions, and develop
acceptable means of desegregating schools without resort
to administrative and judicial processes; and
(6) pursuant to section 5, providing financial assistance
to community groups to initiate or foster the development
of activities described in paragraphs (1) through (5)
of this section.
COMMUNITY GRANTS
Sec. 5. (a) The Committee is authorized, upon receipt
of an application in such form as the Committee may prescribe
and upon the approval of the executive council of the
Committee, to make grants to private nonprofit community
alliances and other organizations in order to assist such
groups in the initial stages of carrying out activities
8
designed to avert trauma and disruption associated with the
desegregation of schools, and to otherwise assist the
community in preparing for and adjusting to such desegregation.
(b) Grants made pursuant to this section shall be in
such amounts, not to exceed $30,000, as the Committee deems
necessary to assist in the establishment and early
development of eligible community organizations. No organiza-
tion may receive a grant under this section for more than
one year of operation.
(c) In determining whether to approve a grant to a
community organization under this Act, the executive council
of the Committee shall require an applicant to demonstrate,
by a showing of adequate financial or other support from the
community, that the organization has reasonable promise of
making substantial progress toward achieving the purposes
set forth in subsection (a) of this section.
(d) The Committee shall not make a grant to two or more
organizations within a community unless it determines that
the activities of such organizations are sufficiently
coordinated to ensure that their activities are not duplicative
or inconsistent.
9
LIMITATIONS ON ACTIVITIES OF THE COMMITTEE
Sec. 6. It shall not be the function of the Committee
(1) to prepare desegregation plans;
(2) to provide mediation services under the order of
a court of the United States or of a State; or
(3) to investigate or take any action with respect to
allegations of violations of law.
COOPERATION BY OTHER DEPARTMENTS AND AGENCIES
Sec. 7. (a) All executive departments and agencies
of the United States are directed to cooperate with the
Committee and furnish to it such information, personnel and
other assistance as may be appropriate to assist the
Committee in the performance of its functions and as may
be authorized by law.
(b) In administering programs designed to assist
local educational agencies and communities in planning
for and carrying out the desegregation of schools, the
Attorney General, the Secretary of Health, Education, and
Welfare, and the heads of the agencies within that Department
shall administer such programs, to the extent permitted by
law, in a manner that will further the activities of the
Committee.
10
AUTHORIZATION OF APPROPRIATIONS
Sec. 8. (a) There are authorized to be appropriated
$2,000,000 for salaries and expenses of the Committee for
the fiscal year ending September 30, 1977, and for each
of the two succeeding fiscal years.
(b) For the purpose of making grants under section 5,
there are authorized to be appropriated to the Committee
$2,000,000 for the fiscal year ending September 30, 1977,
and for each of the two succeeding fiscal years.
FEDERAL INTERAGENCY COMMUNITY
ASSISTANCE COORDINATING COUNCIL
Sec. 9. (a) There is created in the Federal government
a Federal Interagency Community Assistance Coordinating
Council (hereinafter the "Council") which shall be composed
of a representative or representatives of each of the
following departments or agencies:
(1) the Community Services Administration;
(2) the Department of Health, Education, and Welfare;
(3) the Department of Housing and Urban Development;
(4) the Department of the Interior;
(5) the Department of Justice; and
(6) the Department of Labor.
11
The representative or representatives of each such department
or agency shall be appointed by the head of the department
or agency from among individuals employed by that department
or agency who are familiar with, and experienced in the
operation of, the programs and activities of that department
or agency which are available to provide assistance for
community relations projects, educational programs, and other
community-based efforts which would tend to reduce or eliminate
the trauma associated with school desegregation. The head
of each such department or agency shall appoint sufficient
representatives to the Council to ensure that an individual
with a working knowledge of each such program or activity
in that department or agency is on the Council.
(b) It shall be the function of the Council to meet
or consult with representatives of communities who are
seeking Federal support for community relations projects,
educational programs, and other community-based efforts to
reduce or eliminate the trauma associated with school
desegregation, in order to assist such communities in
(1) designing projects or activities that demonstrate
promise of assisting in those efforts, (2) determining
which Federal programs are available for such activities,
and (3) completing the necessary applications and other
prerequisites for appropriate Federal assistance.
12
(c) To the extent consistent with the law authorizing
any such Federal assistance program, each department or
agency listed in subsection (a) of this section shall
administer such program in a manner which will support the
activities of the Council. Each such department or agency
shall from time to time provide to the Council such additional
personnel or other assistance as may be necessary to carry out
the functions of the Council.
(d) There are authorized to be appropriated for the
purpose of carrying out the duties and functions of the
Council under this section $250,000 for the fiscal year
ending September 30, 1977 and for each of the two succeeding
fiscal years.
CONFORMING AMENDMENT; SPECIAL PROJECTS UNDER
THE EMERGENCY SCHOOL AID ACT
Sec. 10. (a) Section 704 of the Emergency School
Aid Act is amended by adding at the end thereof the following
new subsection:
(c) In addition to the amount authorized to be appro-
priated under subsection (a) of this section, there are
authorized to be appropriated for the purposes of section 708 (a)
$10,750,000 for the fiscal year ending September 30, 1977. "
(b) Section 708 (a) (2) of the Emergency School Aid
Act is amended by inserting "or nonprofit private" after
"and other public".
B T D A
TAB D
PROPOSED PRESIDENTIAL MESSAGE ON DESEGREGATION
I have spoken against forced court ordered busing as an excessively
used remedy in school desegregation cases. I continue to believe that
this remedy, designed to achieve what we all agree is a critically impor-
tant and valued objective, often brings with it so many undesirable
results for school systems and communities that we simply must find
better ways to protect Constitutional rights.
In stating these views, it should be clear to all that my quarrels
with one of the current remedies to racial and ethnic discrimination
in schooling does not diminish in any way my commitment to end unlawful
discrimination in this Nation. Non-discrimination must be accepted
because it is right. Persistence in discriminatory practices are
destructive to our ideals and to our communities.
And it is in the communities across this Nation where our ideals
are nourished and maintained. Our communities are composed of indi-
viduals who want justice and equality, who want good public schools,
and who abhor violence and disruption in their midst.
But, too often these people are deterred from acting because
of the confusion occasioned by a school desegregation court case.
They sometimes do not perceive soon enough how disruption in the schools
will adversely affect their own stake in the community. As a conse-
quence, community cohesion weakens and community leadership fades
into the background. Forces prone to disruption and violence exploit
the situation.
GERALD
-2-
These situations do not need to occur. Many communities have
demonstrated that we can rally behind our public schools and our
communities. We at the Federal level can and should be supportive
of those positive impulses, recognizing that it is only within the
local communities that men and women of decency and good will can
mobilize to help a community through a difficult transition.
We now have at the Federal level a variety of programs which
provide specific financial and other assistance to school systems
engaged in voluntary and court ordered desegregation plans. We need
not reinvent and replace those programs.
What we lack, however, is a place where communities and their
leadership can turn for help in organizing the positive forces in
the community early enough, to get all concerned groups working
together, and to avoid disruption and violence. This lack is not
a matter of money. As I said, we have such financial aid programs
in place already. Rather, what we lack is a source to which community
leadership can turn to get advice and can learn and share in the
experiences of other communities which have had successful desegregation
without disruption and violence.
It is for this reason that I am proposing the creation of the
National Community and Education Committee. This Committee will be
a place to which community leadership can turn at an early stage.
It will be composed of Americans who can provide practical advice
-3-
gained from experience and other forms of help that communities need.
It will not be connected in any way with the enforcement activities
of the courts or Executive Branch. Rather, it is to be a place where
those who wish to find practical ideas to help maintain and draw upon
the strengths of community when faced by the process of desegregation.
In closing, I wish again to emphasize how we must as a Nation
reaffirm our commitment to nondiscrimination. We may disagree on how
far a particular remedy ought to go, but we evade other values, such
as those found in local community life and close parental involvement
in schooling. But where we are united is in the principle that the
government at any level must not continue racial discrimination in
any of its own activities and other major areas of public life. We
are as a Nation among a very few that blends a common commitment to a
set of national principles with a rich variety of local communities,
ethnic and racial traditions and identities, a tolerance for differing
life styles. It is not always an easy balance to maintain, it is an
experiment in nationhood that is constantly evolving. It is also a
tradition to cherish and affirm.
THE PRESIDENT HAS SEEN
THE WHITE HOUSE
WASHINGTON
June 18, 1976
MEETING WITH EDUCATIONAL LEADERS
Saturday, June 19, 1976
11 a.m. (60 minutes)
The Cabinet Room
From: Jim Canno
GERALD FORD
I. PURPOSE
To discuss school desegregation with educational
leaders.
II. BACKGROUND, PARTICIPANTS & PRESS PLAN
A. Background: This is the fourth in a series of
meetings with groups from outside the Administration
who have varying views on the issue of school
desegregation. This group includes three chief
state school officers, two school district
superintendents, two principals, a National
Education Association officer, and Mrs. Murchison,
who received the National Teacher of the Year
Award at the White House recently. These people
have had practical experience with desegregation
problems at local levels, both primary and secondary.
B. Participants: See Tab A.
C. Press Plan: To be announced.
III. TALKING POINTS
1. We are here to talk about school desegregation and,
in particular, the impact of court-ordered busing on
our educational process.
2. Before going to the substance of the matter, however,
I would like to make several things very clear. First
I recognize that a President, any President, has a
fundamental responsibility to preserve, protect and
defend the Constitution. I fully intend to do SO.
Second, I am also committed to seeing that every
American child's right to a good education is realized.
I think these two principles must guide our discussion.
2
3. It is my own view that some courts have gone
too far in requiring massive student transfers
simply to achieve racial balance. I think we
need to do something about this.
4.
I have, therefore, been working with the Attorney
General and the Secretary of HEW to develop
legislation which will better equip everyone,
the schools, the communities, the courts and the
Federal government, to deal with unlawful
discrimination and to preserve the goal of
quality education for all.
5. Each of you has thought a good deal about this
matter, and I would greatly appreciate your
suggestions.
FOR
GERALD
PARTICIPANTS
JOHNSTON, (Dr.) William
Superintendent of Schools, Los Angeles, California.
JONES, Roland W.
Superintendent of Schools, Charlotte-Mecklenburg,
North Carolina.
McGUIRE, WILLARD H.
Vice President, NEA; formerly teacher in Minnesota.
(Was here for I & A last week.)
MURCHISON, (Mrs.) Ruby
National Teacher of the Year, 1976; Fayetteville,
North Carolina.
PINERO, (Mrs.) Ursula
Principal, Rochester, New York.
PORTER, John W.
Superintendent of Public Instruction, Michigan.
RILES, Wilson C.
State Superintendent of Public Instruction, California.
SCHRECK, Robert
Principal, Lee High School, New Haven, Connecticut.
SHELTON, (Dr.) Raymond
Superintendent of Schools, Tampa, Florida.
HEW
Secretary F. David Mathews
William Taft, General Counsel
William Morrill, Assistant Secretary--Planning & Evaluation
Dr. Terrel Bell, Commissioner of Education
Dr. Joffre Whisenton, Special Assistant to the Secretary
Attorney General Edward H. Levi
John Calhoun
Jim Cannon
Jim Cavanaugh
Bob Goldwin
Paul O'Neill
Dick Parsons
Art Quern
Ed Schmults
David Lissy
GERALD
Bobbie
Willard
Ruby
William
Wilson
John
Ursula
Raymond
Roland
Robert
Kilberg
McGuire
Murchison
Johnston
Riles
Porter
Pinero
Shelton
Jones
Schreck
Jim
Cavanaugh
Ed
Schmults
Paul
Richard
James
Attorney
THE
Secretary
Terrell
William
William
Art
O'Neill
Parsons
Cannon
General
PRESIDENT
Mathews
Bell
Morrill
Taft
Quern
Levi
GERALD
3401
David
Bob
John
Joffre
Lissy
Goldwin
Calhoun
Whisenton
[6/18/76]