July 24, 1974
Page 24919
Mr. MUSKIE. Mr. President, the education bill to which we will give final Senate approval today represents a major legislative achievement in providing a solid base for aid to our Nation's schoolchildren. But the merits of this measure are clouded by the compromises it makes with the basic principle of equality in education.
The so-called anti-busing language of this bill attempts to remove congressional support for the guarantee of equal access to quality education for all our children. It seeks to hamstring the progress of two decades toward implementing the constitutional promise of equality. The only saving grace of this measure is its language which recognizes that Congress, in the heat of political expediency, is powerless to undermine basic constitutional guarantees. I hope our Federal judicial system will exercise its power – and responsibility – to hold fast in its determination to protect those guarantees.
The anti-busing provisions of this measure also regrettably have overshadowed the significant legislative accomplishments it contains. This 4-year extension of the Elementary and Secondary Education Act was developed through months of hard work and careful consideration of our educational needs by Members of both Houses, from both parties. It provides firm support for the future development of our educational system. It authorizes funding for the next 4 fiscal years, in the total amount of $25.2 billion, to be spent both for time-tested programs and innovative ideas.
Of particular interest to Maine is the increase in the basic funds provided under title I for aid to schools with children from low-income families, and the expansion of programs for adult education, bilingual education, and library services.
I have deep-seated objections to the anti-busing provisions of this bill. They are perhaps unconstitutional, and they are certainly unwise.
But objectionable as these provisions are, the consequence of disapproving this bill would be far worse. The anti-busing provisions passed by the House, upon which that body threatens to insist, would mandate chaotic and painful re-litigation of hundreds of desegregation decisions which have already moved us so far toward fulfilling constitutional promises of equality. For the Senate to disapprove the compromise reached in conference would pose the real danger that this House language might eventually prevail. And disapproval now of this bill would substantially undermine progress toward quality education for children of all disadvantaged families by preventing enactment of the $18.5 billion in aid to their schools which this bill contains. The overall impact of this measure would be to help the very children who are the subject of the dispute over busing.
The merits of this education bill are great. Its offensive anti-busing provisions, I trust, will be cast aside by the courts in their enforcement of the Constitution. This bill gives hope for real progress toward quality education for all our children. and I will give it my support.