Senate 133

During the current session a group of organizations petitioned the State Legislature for a measure that would end discrimination in Massachusetts educational institutions. Drafted as Senate 133, the bill came before the Education Committee on Monday, and, according to its backers, should "secure fair educational practice and equality of educational opportunity by preventing discrimination in education because of religion, race color, or national origin."

Among "unfair educational practices" the bill lists: denial of admission through the quota system; written or oral inquiries concerning the applicant's race, religion, color or national origin. Under the measure a commission would be set up to investigate all discriminatory practices in schools and colleges; after complaint by an aggrieved person, or when the Commission Chairman "has reason to believe that there is discrimination," the body could begin its investigation. If discrimination were discovered, the Superior Court would then have the power to issue cease and desist orders.

In defense of the measure, witnesses stated that there is a need in the state for this law, not so much for the liberal arts colleges as for graduate, professional, and secretarial schools; here discrimination may mean not only loss of an education, but also loss of job opportunities. Proponents of Senate 133 say that those schools which follow a non-discriminatory policy ordinarily have nothing to fear from anti-bias legislation, while those that have the questions and quotas can alter their stand without waiting for commission pressure.

However, as now constituted, Senate 133 would cause much unnecessary trouble and could do more harm than good to educational institutions. Provisions of this bill would allow the educational director to examine all college records, designate the type of records that should be kept by schools, and investigate all admissions to sophomore, junior, and senior years as well as to freshman year. Such interference gives colleges a valid argument against the bill.

Legislation against discrimination can be successful; there is no reason why a fair practices act can not work for education in Massachusetts as well as it does for business in the State. No measure will satisfy everyone involved. But a rewritten Senate 133 or a measure drawn with a more careful delegation of power, and more specific reference to the true jurisdiction of the planned committee could achieve its purpose without harm to educational institutions. Though the present New York anti discrimination law, in effect for the last six months, is the only precedent for this action, it helps show that such legislation can be passed without fear of unpleasant consequences for education.