Note (Back) — CHAPTER 19

This dreary prospect had not always seemed so inevitable. Although Wilson's order ignored local public schools, civil rights advocates did not, and the problem of off-base segregation, typified by the highly publicized school at the Little Rock Air Force Base in 1958, became an issue involving not only the Department of Defense but the whole administration. The decision to withhold federal aid to school districts that remained segregated in defiance of court orders was clearly beyond the power of the Department of Defense. In a memorandum circulated among Pentagon officials in October 1958, Assistant Secretary of Health, Education, and Welfare Elliot C. Richardson discussed the legal background of federal aid to schools attended by military dependents, especially congressional intent and the definition of "suitable" facilities as expressed in Public Laws 815 and 874. He also took up the question of whether to provide off-base integrated schooling, balancing the difficult problem of protecting the civil rights of federal employees against the educational advantages of a state-sponsored education system. Richardson mentioned the great variation in school population—some bases having seven high school aged children one year, none the next—and the fact that the cost of educating the 28,087 dependents attending segregated schools in 1957 would amount to more than $49 million for facilities and $8.7 million annually for operations. He was left with one possible conclusion, that "irrespective of our feelings about the unsuitability of segregated education as a matter of principle, we are constrained by the legislative history, the settled administrative construction, and the other circumstances surrounding the statutes in question to adhere to the existing interpretation of them."[19-88]