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the United States. That is the provision that is commonly found in Federal statutes.

One of the most important provisions of S. 1313 has to do with the acceptance by the State of the Federal grants. It is provided that each State through its legislature shall accept the provisions of the Federal act before being entitled to receive funds. The act of acceptance shall provide that the State's chief educational authority-that is, the State superintendent, State commissioner of education, or State board of education—as may be provided by the State law, shall represent the State in the administration of funds; that an adequate system of auditing shall be provided; that the State educational authority shall make reports to the Commissioner of Education; that where separate public schools are maintained for separate races a just and equitable apportionment of funds shall be made for the benefit of public schools for minority races. Just and equitable apportionment is defined in section 14 (d) as any plan which will result in expenditures for the benefit of the minority racial groups in proportion of said funds not less than the proportion that the minority racial groups in such State bears to the total population of the State. For example, in Arkansas 25 percent of the Federal moneys would be spent for Negroes, because 25 percent of the population is Negro. That has nothing to do with what the States may do in the expenditures of their own State and local funds except, as provided, that the minority racial group not receive a smaller proportion of said funds than they did in 1940.

Senator ELLENDER. Dr. Dawson, would you interpret that to mean, also, that no matter what percentage of the minority race is in attendance in these schools the population must be the yardstick?

Dr. Dawson. That is the way it is stated in the bill. It would be possible to put it on the average daily attendance basis, but the principle would be the same.

Senator ELLENDER. It would?
Dr. Dawson. Yes. It would result in less money going to Negroes,

. because there is a smaller percentage of their population in average daily attendance.

Senator ELLENDER. Now, as I understand the definition that you referred to--in 14 (d), is it?

Dr. DAWSON. Section 14 (d); yes.

Senator ELLENDER. The yardstick there would have to be the racial population?

Dr. Dawson. Yes. Senator ELLENDER. As between whites and Negroes? Dr. DAWSON. Yes, sir. Senator ELLENDER. You know as well as I do that the proportion of colored pupils in attendance at schools is much less than the attendance of white pupils.

Dr. Dawson. Yes; it is somewhat less, especially in the high schools.

Senator ELLENDER. Then the per capita would be greater for the minority races than for the whites.

Dr. Dawson. Yes; the per capita as compared to the attendance at the schools.

Senator ELLENDER. Yes.

Dr. Dawson. Of course the principle of dividing it on a population basis would still be followed if you divided it on the average daily attendance rather than the population itself, but there would be a difference in the amount of money for the reason you stated. I would like to point out, however, that this provision is the provision that was written into the original Harrison-Black bill by the Senate committee and was carried over into S. 1305, so that it is not new in appearing before the Congress.

Senator ELLENDER. Dr. Dawson, if it is not too large an order, I wonder if you could tell us the essential differences between the pending bill and the other bills pertaining to Federal aid that we have held hearings on? The idea is to use as much of these other hearings as possible. To be frank with you, I do not see why the committee should have a rehashing of all of this testimony that we have already heard. I have been in the Senate now 44 years, and I think this is the fourth hearing on this same matter.

Dr. Dawson. This is the third.

Senator ELLENDER. I thought it was the fourth bill. There have been quite a few volumes written on it. It might be apropos for us to use as much of the other hearings as possible, in order to tie it up to this bill.

Dr. Dawson. The new situations which have not been before the committee previously, of course, have to do with this defense program, the new problems arising with respect to Negro schools as the result of these Federal court decisions, and the fact that 17 States maintain separate school systems.

Senator ELLENDER. Now, with respect to schools in and about defense areas—all of us hope that the war will end this year or early next year-but if the Government decides to expand school facilities or build new ones where these defense projects are now in full bloom or are to be located, and in the course of a few years they are dismantled, they cease to exist, what would be the situation then? What would become of the millions spent for temporary relief? Have you thought of that?

Dr. DAWSON. Yes, sure.

Senator ELLENDER. Would it not be best for us to try to induce the Government to do more of this defense work in the communities where the children and people now are rather than further concentrate it?

Dr. Dawson. That may be, Senator Ellender, but the fact is they have already concentrated these people around these areas. Here are 265,000 children without school facilities, or sufficient school facilities. Of course, what you are talking about is a matter of policy which the Government itself would have to determine. Thus far they have proceeded in such way that concentration is actually taking place.

Senator ELLENDER. You folks would be a big factor in causing the Government to do the things that ought to be done; that is, not to concentrate so much of these defense projects in one area but to spread them over the country.

Dr. Dawson. Of course, what we are trying to do is to face the situation as it has been presented.

Senator ELLENDER. As it is, and as it may be aggravated.

Dr. Dawson. I do not know that it could be aggravated any worse than that we do not have schools.

Senator ELLENDER. If you provide facilities, it will attract them. If you provide a little honey, the bees will go for it, you know.


The CHAIRMAN. I would like to say for Senator Ellender's benefit that those of us who have been working on the defense problem have never gone before an administrator without pointing out the complexities of that problem, the concentration of troops, the building of houses, and we have always emphasized the social effect of any of these activities upon the communities concerned. But in any emergency the prime objective to be in the mind of the Administrator and the prime objective is always something that has to do with speed, and as a result these ills will come in the wake of an action, and they are not discovered until they face the Administrator.

Such things, for example, as pointing out that our country has specific problems in regard to lumber or lumber buildings, that there would be a lumber scarcity and a shortage of carpenters; that, therefore, we should use concrete in communities where we have cement, sand, and gravel, cheap labor, and all of those things. They see it now. Those of us, and by those of us,” I mean Ďr. Dawson and the educators who are thinking in terms of doing a job for the educational need of the average child—those persons are not heard in the beginning of these activities. You have to create the emergency before you can get attention. That is one of the saddest statements a man can make about our social activities, but it is, nevertheless, a fact, and was so long before we were here; and if you and I can carry on in such a way that it will not be so the next time, then we have accomplished something.

Senator ELLENDER. I don't know, Senator. This war has been going on now for almost 2 years and we are having evidence every day of the kind of warfare that is being carried on, bombing in various communities. That, in itself, ought to be an incentive to force our Government to not concentrate too many people in one place but to spread them around in our country, especially in the great Mississippi Ohio, and Missouri Valleys, between our mountain ranges.

The CHAIRMAN. That is true.

Senator ELLENDER. The idea of further expanding shipbuilding on the Atlantic coast and the Pacific coast and causing a lot of people to migrate there from various parts of the Nation in order to get probably only temporary employment is just simply short-sightedness on the part of our planners.

The CHAIRMAN. I agree with that.
Senator ELLENDER. Why not utilize our great Gulf coast?

Dr. Dawson. Of course, Senator, in some of these places it seems that the Government has tried to follow a policy of not too high a degree of concentration. For instance, they put up an ordnance works in Charlestown, Ind., which is a little village. In those circumstances you can easily have the public-school facilities faced with taking care of three times as many children as they had before, even though the works is not such a big affair.

Senator ELLENDER. I admit that you have a few cases where that has been done, Dr. Dawson, but I am now speaking generally. I know of my own knowledge that expansions have been made of existing facilities when, as a matter of fact, the same thing could have been done by building anew in some other place remote from where these facilities exist-places that would not be apt to be bombed in the event of war and where there would not have been a migration of our population. I think it is bad judgment on our part to dislocate


our population. Our worries will be great after the emergency ceases to exist. And

Dr. Dawson. Senator, there will be some of the Government people here before the committee who know a great deal more about that than I do.

Senator ELLENDER. Maybe.

Dr. Dawson. I have one or two other things on the specific provisions of this bill and I shall close.

It is further provided that each State, either through its legislature or through its State educational authority, shall set up a plan of apportioning funds among the local school jurisdictions so as to reduce substantially inequalities of public elementary and secondary schools, especially among local school jurisdictions serving rural children and the children of minority races. This particular provision should be read in connection with section 7, which stipulates that the money is available to the States for distribution to local school jurisdictions and other State educational agencies for all types of expenses for public elementary and secondary schools and for the purchase of land and for the construction and improvement and equipment of school buildings and for the expenses of the State department of education. For such State department of education the amount would not exceed 2 percent of the funds going to a State.

Inasmuch as the purposes for which funds are appropriated are specified in section 1 and again in section 3, the State plan of apportionment must of necessity make adequate provisions for these purposes.

Section 8 provides that the United States Commissioner of Education shall audit the expenditure of funds under this act by each State educational authority and to review the audits made by such authority with respect to its local jurisdiction. Attention is especially directed to the provision:

All funds expended under the provisions of this act shall be expended only for public purposes through public agencies and under public control.

Section 10 provides that the Secretary of the Treasury shall suspend payment under the act whenever the Commissioner of Education certifies that, after notice and hearing, any such State has failed to replace any funds received through this act which are lost, or unlawfully used, or expended in a manner contrary to the provisions of this act or has failed to make the required report with reasonable promptness. In keeping with this provision, it would be the duty of the Commissioner of Education, through his audit and through reports received, to determine whether the plan set up by the State is carried out in good faith. It should be pointed out in this connection that this does not mean that the Commissioner of Education can dictate the terms of the plan which that State will provide. It does mean, however, that it is his duty to see that the State acts in good faith by executing the plan it has made and submitted to the Commissioner.

Section 11 provides funds to the United States Office of Education for necessary administrative expenses and for carrying on the necessary research in connection with the efficient administration and use of the funds made available under this act. The Commissioner of Education is instructed to lend advice and counsel to the States when they request it in working out legislative or administrative plans for the expenditure of funds received from the Federal Government.

Section 12 provides that the Commissioner of Education shall publish annually a full and complete report showing accurately the educational status of the respective States and present data that will show the degree by which the funds made available through this act have been used in substantially reducing inequalities of educational opportunity.

Section 13 provides that the Commissioner of Education make necessary rules and regulations not in conflict with the provisions of this act to enable him to carry out its provisions. It also provides that the title to school buildings and equipment constructed or bought with funds appropriated pursuant to this act shall remain in the United States, unless purchased by the State or local school jurisdiction, if the construction or acquisition of such buildings or equipment was made necessary by the establishment or enlargement of an industry performing work in connection with national defense contracts. The reason for this provision is that in many cases where school buildings are needed immediately, within the course of a few years the property not now on the tax books will eventually become subject to taxation and the local school jurisdiction may be able to pay for such facilities. Inasmuch as the administration of this act is under the general supervision of the Federal Security Administrator, I am informed by a competent legal authority that the Federal Security Administrator has full power to look after the matter of title to the properties mentioned.

The remaining provisions of the bill have to do with definitions of terms appearing in other parts of the bill.

Mr. Chairman, for the record I would like to leave a page or two of quotations from some of the leading statesmen on the question of education, especially as it affects the Federal Government. The CHAIRMAN. Those quotations will be included in the record.

(The quotations referred to are as follows:) George Washington: "Procure then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened.”

Thomas Jefferson: “If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be.

“There is no safe deposit (for the functions of government) but with the people themselves; nor can they be safe with them without information."

Daniel Vebster: "Education, to accomplish the ends of good government, should be universally diffused. Open the doors of the schoolhouse to all the children in the land. Let no man have the excuse of poverty for not educating his offspring. Place the means of education within his reach, and if he remain in ignorance be it his own reproach.

On the diffusion of education among the people rests the preservation and perpetuation of our free institutions.".

Woodrow Wilson: “Popular education is necessary for the preservation of those conditions of freedom, political and social, which are indispensable to free individual development. And

no instrumentality less universal in its power and authority than government can secure popular education.

Without popular education, moreover, no government which rests upon popular action can long endure. The people must be schooled in the knowledge, and, if possible, in the virtues, upon which the maintenance and success of free institutions depend.”

Franklin D. Roosevelt: “We have believed, we have believed wholeheartedly, in investing the money of all the people on the education of the people. That conviction, backed by taxes and backed by dollars, is no accident, for it is the logical application of our faith in democracy.

“Man's present-day control of the affairs of nature is the very direct result of investment in education. And the democratization of education has made it possible for outstanding conribution to the common weal.




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