Civil Rights Act of 1964, as amended, Title IV, Public
Law 88-352, 42 U.S.C. 2000(c), Title VI, 42 U.S.C. 2000(d), Title IX, 42 U.S.C.
2000(h-2); Equal Educational Opportunities Act of 1974, Public Law 93-380, 20
U.S.C. 1701, et seq.; Education Amendments of 1972, Title IX, Public Law
92-318, 20 U.S.C. 1681.
To secure equal educational opportunity for persons
regardless of race, color, religion, sex, or national origin.
TYPES OF ASSISTANCE:
Provision of Specialized Services. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
The Justice Department may go to court to obtain an order to desegregate a
public school (elementary or secondary levels) or public college. The Attorney
General may initiate legal proceedings to further orderly desegregation upon
receiving a meritorious written complaint from (1) any parent or group of
parents whose minor children are being deprived by a school board of equal
protection of the laws; or (2) any individual or parent of an individual who
has been denied admission to or not permitted to continue in attendance at a
public college or university because of race, color, religion, sex or national
origin. The Attorney General must certify that the suit will materially
further the orderly process of desegregation. The Attorney General may also
intervene in any case in which the plaintiff alleges a denial of equal
protection of the law on the basis of race, color, religion, sex, or national
origin. In addition, the Attorney General may litigate Title VI, Title IX (of
the Education Amendments of 1972), Section 504 of the Rehabilitation Act of
1973 referrals received from the Department of Education, previously the
Department of Health Education and Welfare, to vindicate the rights of
individuals excluded from participation in, denied the benefits of, or
subjected to discrimination under any program or activity receiving Federal
financial assistance on account of their race, color, sex, national origin, or
disability. The Attorney General may also go to court to ensure that school
districts take appropriate steps to overcome language barriers that impede
equal participation in the district's instructional program pursuant to the
Equal Educational Opportunities Act.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: Parent or group of parents in
the case of public schools. An individual or his/her parents in the case of a
public college.
Beneficiary Eligibility: Parent or group of
parents in the case of public schools. An individual or his/her parents in the
case of a public college.
(Educational Opportunities) During fiscal year 2001, the Educational
Opportunities Section responded to motions, including modification proposals
filed by school districts; participated in trials and evidentiary hearings;
investigated compliance through informal means as well as through discovery;
participated in court conferences; responded to many citizen inquires and
Congressional referrals, including requests from Congress asking the Section
to provide data on each of the school districts on its active case docket;
initiated compliance reviews; and conducted comprehensive unitary status
reviews, resulting in the full unitary status and dismissal, and partial
unitary status. In addition, the Section obtained comprehensive settlements
affecting desegregation in school districts in Alabama, Florida, Louisiana,
Mississippi, South Carolina, Tennessee and Texas. Such settlements include,
for example, student and faculty desegregation, the equalization of
facilities, including athletic facilities, between minority and majority
schools, enhancement of libraries at predominantly minority schools, and
access for minority students to advanced classes. The Section also continued
its efforts in timely review of requests for unitary status and filed reports
with the courts on the progress made by over 40 school districts and junior
colleges and trade schools working toward that end. As part of its on- going
case review project, the Section initiated compliance reviews of school
districts operating under court order. All 412 school districts on the
Section's docket were assigned out to attorneys and information was gathered
regarding the districts compliance with extant court orders. The Section also
obtained significant relief in two of its higher education desegregation
cases, United States and Ayers v. Fordice, the Mississippi higher education
desegregation case, and Geier and United States v. Sundquist, the Tennessee
higher education desegregation case. In the Mississippi case, the Section
submitted a proposed consent decree to the court for approval and calling for
the expenditure by the state in excess of $500 million, which would be
directed at improving the facilities and college programs for the state's
students. In Tennessee, a settlement was reached through the use of
Alternative Dispute Resolution, and which will provide enhanced programming,
and potentially a law school for the historically black college in the state,
Tennessee State University. The Section achieved considerable success in
several emerging areas in public education litigation, such as the
discriminatory scheduling of girl's sports. The Section intervened in Pederson
and United States v. South Dakota High Sch. Activities Ass'n and alleged
discrimination on the basis of sex due to nontraditional athletic seasons. We
were able to resolve this suit through a comprehensive consent decree. We are
also participating in Communities for Equity v. Michigan High School Athletic
Association, which involves the same issues. A two week trial was held, ending
October 4, 2001; and, on December 17, 2001, the court ruled in favor of the
private plaintiffs and the United States, finding that the Michigan High
School Athletic Association (MHSAA) had discriminated against female athletes
in violation of the Fourteenth Amendment and Title IX of the Education
Amendments of 1972. New investigations under the Equal Educational
Opportunities Act were initiated to ensure that school districts provide
non-and limited English proficient students with appropriate services to
enable them to participate in the educational process.
REGULATIONS, GUIDELINES, AND LITERATURE:
28 CFR 0.50; Civil Rights Act of 1964; Summary of the Civil Rights Act of
1964.
INFORMATION CONTACTS:
Regional or Local Office: None.
Headquarters Office: Department of Justice, Civil
Rights Division, Educational Opportunities Litigation Section, Washington, DC
20530. Telephone: (202) 514-4092. Contact: Office of Public Affairs,
Department of Justice. Telephone: (Voice) (202) 514-2007; (TDD) (202)
514-1888.
Web Site Address: http://www.usdoj.gov/crt/edo/index.html.
