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Brown v. Board of Education

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Contents of Brief

Part One -- A Discussion of the Reasons for a Period of Gradual Adjustment to Desegregation to be Permitted in Florida with Broad Powers of Discretion Vested in Local School Authorities to Determine Administrative Procedures

  • A. The Need for Time in Revising the State Legal Structure
    • Examples of Legislative Problems
      • Scholarships
      • Powers and Duties of County School Boards
      • State Board of Education and State Superintendent
    • Discussion of Legislative Attitudes
  • B. The Need for Time in Revising Administrative Procedure
    • Examples
      • Transportation
      • Redistricting
      • Scholastic Standards
      • Health and Moral Welfare
  • C. The Need for Time in Gaining Public Acceptance
    • A Survey of Leadership Opinion
    • General Conclusions
      • Regional Variations
      • A Note on Responses of Legislators
    • The Dade County Report
    • Discussion
  • D. Intangibles in Education
  • E. Reason for Hope
  • F. Regional Variations
  • G. Discussion

Part Two -- Specific Suggestions to the Court in Formulating a Decree

  • Introductory Note
  • Specific Suggestions

Part Three -- Legal Authority of the Court to Permit a Period of Gradual Adjustment and Broad Powers of Administrative Discretion on the Part of Local School Authorities

  • A. Judicial Cases Permitting Time
    • United State v. American Tobacco Co.
    • Standard Oil v. United States
    • Georgia v. Tennessee Copper Co. / State of Georgia v. Tennessee Copper Co., etc.
    • State of New York v. State of New Jersey, etc.
    • Martin Bldg. Co. v. Imperial laundry
  • B. Administrative Discretion Cases
    • United States v. Paramount Pictures
    • Alabama Public Service Commission v. Southern Railway Co. / People of the State of New York v. United States
    • Burford v. Sun Oil Co.
    • Far Eastern Conference, United States Lines Co., etc. v. United States and Federal Maritime Board
    • Minersville School District v. Gobitis
    • Cox v. New Hampshire
    • Barbier v. Connolly
    • Euclid v. Ambler Realty Co.
  • C. Remarks

Part Four -- Considerations Involved in Formulating Plans for Desegregation

  • Changes in the Law
  • Plans for Integration

Part Five -- Conclusion

Contents of Appendix A

Results of a Survey of Florida Leadership Opinion on the Effects of the U.S. Supreme Court Decision of May 17, 1954 Relating to Segregation in Florida Schools

  • The Report and the Conclusions
  • Leadership Opinion by Questionnaire... and Conclusions
  • Sample Questionnaire
  • Groups:
    • Peace Officers
    • Principals and Supervisors (white)
    • PTA Leaders (white)
    • Newspaper Editors
    • Radio Station Managers
    • County Officials
    • School Officials
    • Legislators
    • Ministers
    • Negro Principals
    • PTA Leaders (Negro)
  • Tables:
    • Table 1: Questionnaires sent and returned, by groups
    • Table 2: Per cent expressing various attitudes towards decision, by groups
    • Table 3: Per cent agreeing or disagreeing with the decision, by groups
    • Table 4: Per cent willing or unwilling to comply with courts and school officials, by groups
    • Table 5: Per cent of each group predicting mob violence and serious violence
    • Table 6: Per cent of each group doubting ability of peace officers to cope with serious violence
    • Table 7: Per cent of each group who believe peace officers could cope with minor violence
    • Table 8: Per cent of groups polled who believe most of other specified groups disagree with the decision
    • Table 9: Per cent of each group designating various methods of ending segregation as most effective
    • Table 10: Per cent of each group designating specified grade levels as easiest place to start desegregation
    • Table 11: Per cent of each group designating various problems as being likely to arise
    • Table 12: Confidence of peace officers in ability to cope with serious violence, by attitude towards desegregation
    • Table 13: Confidence of peace officers that police would enforce school attendance laws for mixed schools, by attitude towards desegregation
    • Table 14: Per cent of peace officers expressing various attitudes, by region
    • Table 15: Per cent of white principals and supervisors agreeing or disagreeing with the decision, by region
    • Table 16: Per cent of white principals and supervisors willing or unwilling to comply, by region
    • Table 17: Per cent of peace officers predicting mob violence, by region
    • Table 18: Number and per cent of peace officers and white principals and supervisors predicting serious violence, by region
    • Table 19: Number and per cent of peace officers and white principals and supervisors doubting that peace officers could cope with serious violence, by region
    • Table 20: Number and per cent of legislators favoring each of five possible courses of legislative action
  • Leadership Opinion by Personal Interview...and Conclusions
  • Analysis of Negro Registration and Voting in Florida, 1940-1954
  • Existing Public School Facilities in Florida...and Factors of School Administration and Instructional Services Affecting Segregation
  • An Intensive Study in Dade County and Nearby Agricultural Areas...and Conclusions

Contents of Appendix B

Examples of Florida's Constitutional, Statutory and State School Board Regulatory Provisions Relating to Segregation

Florida Constitution

  • Article XII, Section 1 -- Uniform system of public free schools
  • Article XII, Section 12 -- White and colored; separate schools

Florida Statutes

  • 228.09 -- Separate schools for white and negro children required
  • 229.07 -- General powers of state board
  • 229.08 -- Duties and responsibilities of state board
  • 229.16 -- General powers of state superintendent
  • 229.17 -- Duties and responsibilities of state superintendent
  • 230.23 -- Powers and duties of county board
  • 239.41 -- Value of general scholarships

State School Board Regulations relating to:

  • The Calculation of Instruction Units and Salary Allocations from the Foundation Program
  • Administrative and Special Instructional Service
  • Units for Supervisors of Instruction
  • Establishment, Organization and Operation of Small Schools
  • School Advisory Committees
  • Qualifications, Duties and Procedure for Employment of Supervisors of Instruction
  • Isolated Schools
  • The Distribution of General Scholarships
  • Scholarship Committee
  • Scholarships for Preparation of Teachers and House and Senatorial Scholarships
  • State Supervisory Services
  • Transportation of Pupils