Enrollment in Public Schools (estimated)

White

Negro

Percentage Negro

.790,000 491,400 .288,600 .37%

113

113

Number of School Districts

Number Having Negroes

Number of Teachers (1956-57 estimate)

25,600

Folsom allowed to become law without his signature Act No. 201, known popularly as the "pupil assignment law" which provides that local boards of education will assign students to schools on the basis of the following criteria:

"Available room and teaching capacity in the various schools; the availability of transportation facilities, the effect of the admission of new pupils upon established or proposed academic programs; the suitability of established curricula for particular pupils; the adequacy of the pupil's academic preparation for admission to a particular school and curriculum; the scholastic aptitude and relative intelligence or mental energy or ability of the pupil; the psychological qualifications of the pupil for the type of teaching and association involved; the effect of admission of the pupil upon academic progress of other students in a particular school or facility thereof; the effect of admission upon prevailing academic standards at a particular school; the possibility or threat of friction or disorder among pupils or others; the possibility of breaches of the peace or ill will or economic retaliation within the community; the home environment of the pupil; the maintenance or severance of established social and psychological relationships with other pupils and with teachers; the choice and interest of the pupils; the request or consent of parents or guardians and the reasons assigned therefor." In February, 1956, the legislature adopted the Boutwell "freedom of choice" plan and an implementation act, which along with the pupil assignment act were the only school segregation acts of statewide application. The free choice bill ratified Aug. 27, 1956, provided in part:

"The legislature may by law provide for or authorize the establishment and operation of schools by such persons, agencies or municipalities, at such places, and upon such conditions as it may prescribe, and for the grant or loan of public funds and the lease, sale or donation of real or personal property to or for the benefit of citizens of the state for educational purposes under such circumstances and upon such conditions as it shall prescribe. Real property owned by the state or any municipality shall not be donated for educational purposes except to nonprofit charitable or eleemosynary corporations or associations organized under the laws of the state.

"To avoid confusion and disorder and to promote effective and economical planning for education, the legislature may authorize the parents or guardians of minors, who desire that such minors shall attend schools provided for their own race, to make election to that end, such election to be effective for such period and to such extent as the legislature may provide."

Local acts, adopted in compliance with the system of legislative courtesy during the 1955 regular session, provided for a similar basis for education in Wilcox County; another provided high license fees for organizational solicitors in Wilcox County; and others permitted firing of teachers who advocated desegregation in Macon and Marengo counties, despite teacher tenure laws.

Interposition resolution holding Supreme Court decision "null and void" and other resolutions of protest also were adopted.

The 1957 legislature adopted three measures, two strengthening the Pupil Assignment and "Freedom of Choice" laws, the third guaranteeing teacher benefits under proposed private school plans.

Alabama

Alabama