Caulfield v. Board of Ed. of City of New York
Decision Date | 27 August 1979 |
Docket Number | No. 77 C 2155 (JBW).,77 C 2155 (JBW). |
Citation | 486 F. Supp. 862 |
Parties | William CAULFIELD et al., Plaintiffs, Albert Shanker et al., Intervenors-Plaintiffs, Theodore Elsberg et al., Intervenors-Plaintiffs, v. The BOARD OF EDUCATION OF the CITY OF NEW YORK et al., Defendants, The Coalition of Concerned Black Educators et al., Intervenors-Defendants, Ronald Ross, Intervenor-Defendant. |
Court | U.S. District Court — Eastern District of New York |
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Morris Weissberg, New York City, for plaintiffs.
Gretchen White Oberman, Lewis, Greenwald & Oberman, New York City, for intervenors-plaintiffs Elsberg, et al.
James R. Sandner, New York City by Jeffrey S. Karp, New York City, of counsel, for intervenors-plaintiffs Albert Shanker, et al.
Allen G. Schwartz, Corp. Counsel of the City of New York, New York City by Deborah Rothman, Jane Hovde, Asst. Corp. Counsel, New York City, for defendant New York City Board of Education.
Edward R. Korman, U. S. Atty., E. D. N. Y., Brooklyn, N. Y. by Richard P. Caro, Asst. U. S. Atty., Brooklyn, N. Y., Lois Hochhauser, Albany, N. Y., for Department of Health, Education and Welfare.
James I. Meyerson, N.A.A.C.P., New York City, for intervenors-defendants Coalition of Concerned Black Educators, et al.
Arthur N. Eisenberg, New York Civil Liberties Union, E. Richard Larson, Bruce J. Ennis, American Civil Liberties Union, Jeanne R. Sielver, Public Education Ass'n, Carolyn L. Ziegler, New York City, for intervenor-defendant Ross.
Kenneth Pawson, New York State Dept. of Ed., Albany, N. Y., for State Commissioner of Education Gordon Ambach.
This is yet another chapter in the challenge to the September 7, 1977 "Memorandum of Understanding" ("agreement") between the New York City Board of Education ("Board") and the Office for Civil Rights of the United States Department of Health, Education and Welfare ("OCR"). The agreement purports to remedy alleged violations by the Board of Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., with respect to hiring and assignment of teachers, and hiring of supervisory personnel. Alleging that OCR had no jurisdiction to investigate what they deem "employment" practices under either Title VI, see 42 U.S.C. § 2000d-3, or Title IX, and that the agreement itself violates Title VI, Title IX, and the fifth and fourteenth amendments, plaintiffs and intervenor-plaintiffs seek injunctive and declaratory relief voiding the agreement. For the reasons indicated below, no relief is warranted.
Following a bench trial, this Court delivered an oral opinion and filed written findings of fact and conclusions of law. This Memorandum elaborating on the Court's oral opinion may be of assistance on the appeals.
Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, provides that "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Title IX of the Education Amendments of 1972, in similar language, prohibits discrimination on the basis of sex in "any education program or activity" receiving federal funds. Each federal department and agency is charged with assuring compliance with these provisions in the programs and activities under its jurisdiction; each must adopt regulations toward this end. See 42 U.S.C. § 2000d-1; 20 U.S.C. § 1682. See, e. g., 45 C.F.R. §§ 80.1-80.13 ( ); 45 C.F.R. §§ 86.1-86.71 ( ). In addition to requiring initial assurances of nondiscrimination in every application for federal assistance, see, e. g., 45 C.F.R. § 80.4, federal departments are required to conduct periodic compliance reviews and to investigate and resolve individual or class complaints of discrimination arising under any federally assisted program they supervise. See, e. g., 45 C.F.R. § 80.7; see also Brown v. Weinberger, 417 F.Supp. 1215 (D.D.C.1976) ( ). In the event that efforts to achieve voluntary compliance fail, a federal department must terminate or withhold federal funding to programs in violation of the statutes, see 42 U.S.C. § 2000d-1(1), or seek compliance by other means authorized by law, see id. § 2000d-1(2).
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