EWP 1 Parker

Title

EWP 1 Parker

EWP Parker

Tag

historical, appeal, case, Melvin O. Alston, Negro, teacher, Norfolk, Virginia, Teachers' Association, School Board, Superintendent, pay, discrimination, 14th Amendment, due process, equal protection, rights, contract, lawsuit, unconstitutional, infringement, contracts, salary, Virginia, teacher certification, standards.

Place

Virginia

Identifier

1000768

Is Version Of

1000768_EWP_Parker.JPG

1000768_EWP_Parker.pdf

Is Part Of

Uncategorized

Date Created

2024-01-07

2024-07-22 19:27:08 +0000

Format

Jpeg Image

Number

7008ee7d4d39e99833791239aeb2143ef7f720a9c02b19720dabc061b626ca7d

83aad747b376c5094a9e99fb5e4e5ed09267fc54a69d530084b4e51d6f0ab1e2

acd1737ca4bcd80215541b36221005e432dacee713949e551cb2ebee4b80a57a

Source

/Volumes/T7 Shield/EWP/Elements/EWP_Files/Access Files/Upload temp/1000768_EWP_Parker.JPG

/Volumes/T7 Shield/EWP/Elements/EWP_Files/Access Files/jpg to pdf/need to upload or replc files to omeka/1000768_EWP_Parker.pdf

Publisher

Digitized by Edwin Washington Project

Rights

Loudoun County Public Schools

Language

English

Replaces

/Volumes/T7 Shield/EWP/Elements/EWP_Files/source/Ingest One/1 Civil Rights/LCPS_African_Educ_Folder/EWP_Parker.JPG

extracted text

(L%

Parker, Circuit Judge:

This is an appeal in a suit instituted by kelvin O, Alston, a
Negro school teacher of Norfolk, Va., and the Norfolk Teachers' Associa-
tion, an association composed of the Negro school teachers of that city
%%%%n%2u3h9“§¢§99}-39%2dzén@,tﬁﬁ Superintendent of Schools of the city,
e e ) LT e E mt:7:7:{:“7;;4;;?2';{?3;; ;ﬁitof‘”
paid to white teachers of equal qualifications and experience, ard per-
forming the same duties and services, on the sole basis of race and
color, is violative of the due process and equal protection clauses of
the 14th amendment, and also to obtain an injunction restraining de-
fendants from making any distinction on the ground of race or color in
fixing the salarics of public school teachers in Norfolk. The suit was
dismissed by the court below on the ground thit Alston and the School
Roard were the only necessary parties to the cause and that Alston had
waived such constitutional rights as he was secking to enforce by having
entered into o written contract with the School Board to teach for a
year at the price fixed in the contract., On the appeal presented by the
plaintiffs three questions arise: (1) whether upon the face of the com-
plaint an unconstitutional discriminetion is shown in the fixing of school
salaries by the defendants; (2) whcther rights of plaintiffs arc infringed
by such discrimination; and (3) whether plaintiffs hove waived their right
to complain of the discrimination by entering into contracts with the
School Board for the current ycar.

On the first question, there can be no doubt but that the fixing
of salery schedules for the teachers is action bv the state which is sub-
ject to the limitations prescribed.-py the 14th Amendment, The Constitu-
tion of Virginia provides thot the General Assembly shall establish and
meintain an cfficient system of public free schools throughout the state,
article IX, Sec. 129. The General Assembly has established such & system,
Virginia Code of 1936, chs, 33 and 35. The public schools of the City of
Norfolk arc under the dircct control nnd supcrvision of the defcndants,
whose duty it is to cmploy toachers and provide for the pryment of tcachers!
salarics, Virginia Code, ch, 33, sccs. 656, 660, and ch. 35, seC. 786.
Thile provision is mede in the law for separate schools for white and col-
ored persons, the positive duty is enjoined of meintaining these separate
schools under the same gencral regulations as to monagement , usefulness
and efficiency. Virginia Code, Scc, 680. All tcachers are rcquired to hold
tcaching certificates in accordance with the rules of certification of
the State Borrd of Edueation, Virginiz Code, che 33, scC. 660 ~nd che
35, sec, 786, White and Negro teichers must meet the same requirements
to receive teachers certificates from the Bodird of Bducation and upon
qualifying are issued identical certificates,

Item