School desegregation crisis
The state of Massachusetts had enacted in 1965 the "Racial Imbalance Act", the first of its kind in the United States. The law required school districts to desegregate, otherwise state funding for education would be withheld from the school district. The law was opposed by many in Boston, including the Boston School Committee, as well as many especially in working-class districts in Irish-American-majority South Boston.
On April 1, 1965, a special committee appointed by Massachusetts Education Commissioner Owen Kiernan released its final report finding that more than half of black students enrolled in Boston Public Schools (BPS) attended institutions with enrollments that were at least 80 percent black and that housing segregation in the city had caused the racial imbalance. From its creation under the National Housing Act of 1934 signed into law by President Franklin D. Roosevelt, the Federal Housing Administration used its official mortgage insurance underwriting policy explicitly to prevent school integration. The Boston Housing Authority actively segregated the city's public housing developments since at least 1941 and continued to do so despite the passage of legislation by the 156th Massachusetts General Court prohibiting racial discrimination or segregation in housing in 1950 and the issuance of Executive Order 11063 by President John F. Kennedy in 1962 that required all federal agencies to prevent racial discrimination in federally-funded subsidized housing in the United States.
In response to the report, on April 20, 1965, the Boston NAACP filed a lawsuit in federal district court against the city seeking the desegregation of the city's public schools. Massachusetts Governor John Volpe (1961–1963 & 1965–1969) filed a request for legislation from the state legislature that defined schools with nonwhite enrollments greater than 50 percent to be imbalanced and granted the State Board of Education the power to withhold state funds from any school district in the state that was found to have racial imbalance, which Volpe would sign into law the following August. Pursuant to the Racial Imbalance Act, the state conducted a racial census and found 55 imbalanced schools in the state with 46 in Boston, and in October 1965, the State Board required the School Committee to submit a desegregation plan, which the School Committee did the following December.
In April 1966, the State Board found the School Committee's plan to desegregate the Boston Public Schools in accordance with the law inadequate and voted to rescind state aid to the district, and in response, the School Committee filed a lawsuit against the State Board challenging both the decision and the constitutionality of the Racial Imbalance Act the following August. In January 1967, the Massachusetts Superior Court overturned a Suffolk Superior Court ruling that the State Board had improperly withdrawn the funds and ordered the School Committee to submit an acceptable plan to the State Board within 90 days or else permanently lose funding, which the School Committee did shortly thereafter and the State Board accepted. In June 1967, the Massachusetts Supreme Judicial Court upheld the constitutionality of the Racial Imbalance Act and the U.S. Supreme Court under Chief Justice Earl Warren (1953–1969) declined to hear the School Committee's appeal in January 1968. On May 25, 1971, the Massachusetts State Board of Education voted unanimously to withhold state aid from the Boston Public Schools due to the School Committee's refusal to use the district's open enrollment policy to relieve the city's racial imbalance in enrollments, instead routinely granting white students transfers while doing nothing to assist black students attempting to transfer.
On March 15, 1972, the Boston NAACP filed a lawsuit, later named Morgan v. Hennigan, against the Boston School Committee in federal district court. After being randomly assigned to the case, on June 21, 1974, Judge W. Arthur Garrity Jr. ruled that the open enrollment and controlled transfer policies that the School Committee created in 1961 and 1971 respectively were being used to effectively discriminate on the basis of race, and that the School Committee had maintained segregation in the Boston Public Schools by adding portable classrooms to overcrowded white schools instead of assigning white students to nearby underutilized black schools, while simultaneously purchasing closed white schools and busing black students past open white schools with vacant seats. In accordance with the Racial Imbalance Act, the School Committee would be required to bus 17,000 to 18,000 students the following September (Phase I) and to formulate a desegregation plan for the 1975–1976 school year by December 16 (Phase II).
On September 12, 1974, 79 of 80 schools were bused without incident (with South Boston High School being the lone exception). Twenty minutes after Judge Garrity's deadline for submitting the Phase II plan expired on December 16, 1974, the School Committee voted to reject the desegregation plan proposed by the department's Educational Planning Center. On December 18, Garrity summoned all five Boston School Committee members to court, held three of the members to be in contempt of court on December 27, and told the members on December 30 that he would purge their contempt holdings if they voted to authorize submission of a Phase II plan by January 7. On January 7, 1975, the School Committee directed school department planners to file a voluntary-only busing proposal with the court.
On May 10, 1975, the Massachusetts U.S. District Court announced a Phase II plan requiring 24,000 students to be bused that was formulated by a four-member committee consisting of former Massachusetts Supreme Judicial Court Justice Jacob Spiegel, former U.S. Education Commissioner Francis Keppel, Harvard Graduate School of Education professor Charles V. Willie, and former Massachusetts Attorney General Edward J. McCormack that was formed by Judge Garrity the previous February. On June 14, the U.S. Supreme Court under Chief Justice Warren E. Burger (1969–1986) unanimously declined to review the School Committee's appeal of the Phase II plan. In December 1975, Judge Garrity ordered South Boston High School put under federal receivership. In December 1982, Judge Garrity transferred responsibility for monitoring of compliance to the State Board for the subsequent two years, and in September 1985, Judge Garrity issued his final orders returning jurisdiction of the schools to the School Committee. In May 1990, Judge Garrity delivered his final judgment in Morgan v. Hennigan, formally closing the original case. From September 1974 through the fall of 1976, at least 40 riots occurred in the city (including many interracial riots), and incidents of interracial violence in Boston would continue from November 1977 through at least 1993.
On June 21, 1974, Judge W. Arthur Garrity issued a decision in Morgan v. Hennigan that found that the Boston School Committee had followed an intentional policy of segregating the city's public schools by race, including building new schools and school annexes in overcrowded white-majority districts, instead of making use of empty seats and classrooms in districts with large minority populations. As a remedy, Garrity ordered the city's schools desegregated, leading to a system of desegregation busing.
In Phase I of the plan, Judge Garrity followed a busing plan previously drawn up by Charles Glenn, the director of the Bureau of Equal Educational Opportunity within the Massachusetts Board of Education, that required schools with a population greater than 50% white to be balanced by other races; the initial Phase I plan included only 80 schools, amounting to 40 percent of the Boston Public School system. The Glenn plan had been originally constructed in response to an earlier Massachusetts state lawsuit between the Massachusetts Board of Education and the Boston School Committee. In that earlier lawsuit, the Boston School Committee had sued the Massachusetts Board of Education for the Board's withholding state funds for the committee's refusal to conform to the requirements of the Massachusetts Racial Imbalance Act. Ultimately, among the Boston districts most affected were West Roxbury, Roslindale, Hyde Park, the North End, Charlestown, South Boston and Dorchester.
The desegregation plan in general, and busing in particular, was met with an onslaught of protest. The integration plan provoked fierce criticism and led to months of racially motivated violence, with attacks at City Hall and South Boston and other city high schools, with dozens injured. In some white neighborhoods, protesters threw stones at arriving school buses arriving with black children from other parts of the city. White directed that police escort buses, and also coordinated with state officials to bring in several hundred state police to keep order. On October 15, 1974, the Massachusetts National Guard was deployed by Republican Governor Frank Sargent to Boston to keep order in schools.
One famous incident in 1976 was documented in a news photograph entitled The Soiling of Old Glory. During one demonstration outside Boston City Hall, black lawyer and businessman Ted Landsmark was attacked with an American flag by a white teenager.
