Appellate Section
EDUCATION
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United States & Robinson v. Shelby County Board of Education (6th Cir.) -- Appellee/Cross-Appellant
- The district court did not clearly err in finding that the board had not met its burden of proving unitary status
- The Division joined the board in appealing the modified decree, however, and argued that the court abused its discretion in tying target faculty racial ratios to the racial composition of the student body
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Bronx Household of Faith v. Board of Education (2d Cir.) -- Amicus
- The district court correctly found the Board’s policy to be viewpoint discrimination, and its justification for its exclusion is not necessary for the Board to avoid violating the Establishment Clause
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B.W.A. v. Farmington R-7 School District (8th Cir.) -- Amicus
- The Tinker test applies to plaintiffs’ First Amendment claims, and that given the evidence of racial hostility at the high school, the district court properly concluded that the display of the Confederate flag on student clothing would materially and substantially interfere with school operations
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Colorado Christian University v. Weaver (10th Cir.) -- Amicus
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Colorado’s exclusion of “pervasively sectarian” institutions from public tuition assistance programs violates the First and Fourteenth Amendments
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United States & Knight v. Alabama (11th Cir.) -- Appellee
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The district court did not abuse its discretion in approving the settlement agreements
| Document |
Date |
| Court of Appeals Decision (unpublished), available at 271 F.App'x 896 |
03/28/08 |
| Brief as Appellee [PDF] |
05/21/07 |
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Keys v. United States & Covington County School District (5th Cir.) -- Appellee
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The district court did not abuse its discretion by ruling that appellants’ motion to intervene was untimely
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Even if appellants’ motion to intervene were timely, the district court correctly concluded that appellants are not entitled to intervention as of right
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United States v. Mississippi (5th Cir.) -- Appellee
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The district court did not clearly err in denying the district’s request for a declaration of unitary status in the area of faculty and staff assignments because the district failed to satisfy the applicable standard
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The comity and federalism considerations the district raises are inapposite and do not warrant dismissal of the case
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United States v. Texas (5th Cir.) -- Appellee
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The district court had jurisdiction over this controversy
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The district court properly allowed Hearne Independent School District to
intervene in this action
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This court should affirm the district court's injunction against TEA
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This court should affirm the district court's injunction against Mumford
Independent School District
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Toledo v. Sanchez-Rivera (1st Cir.) -- Intervenor
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Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment
legislation as applied in the context of public education
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Graham & United States v. Evangeline Parish School Board (5th Cir.)
-- Appellee
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Because intervention was properly denied, the appeal should be dismissed for lack
of appellate jurisdiction
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Atkinson v. Lafayette College (3d Cir.) -- Amicus
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Individuals have a private right of action for claims of retaliation under Title IX
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Curry v. Macon County Bd. of Educ. (Clay County) & United States
(11th Cir.) -- Intervenor/Appellee
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The appeal should be dismissed for lack of appellate jurisdiction
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Proposed Intervenors do not satisfy the criteria for intervention
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The district court acted well within its discretion in approving the consent
order without a hearing
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Communities for Equity v. Michigan High School Athletic Association
(6th Cir.) -- Amicus
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The district court's order solely finding liability is not a final appealable
order under 28 U.S.C. 1291
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The district court's order is not appealable under 28 U.S.C. 1292(a)(1)
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United States v. Macon County Board of Education (11th Cir.) --
Appellee
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Parent of former student has no right to appeal district court's approval of
modification of a desegregation order
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District court properly approved modification
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Litman v. George Mason University (4th Cir.) -- Amicus
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There is a private right of action to enforce the anti-retaliation regulation
promulgated under Title IX.
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United States v. East Baton Rouge Parish School Board (5th Cir.)
-- Appellee
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Court of appeals lacks jurisdiction over appeal of order that simply clarifies
prior desegregation order
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Even if clarifying order amounted to a modification of the prior desegregation
order, it would have been a proper modification in light of the school
board's continuing noncompliance with the orders in the case
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Board of Regents of the University of Georgia v. Johnson
(11th Cir.) -- Amicus
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University may consider race as one factor in its admissions decisions
in order to enroll a diverse student body
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Davis and United States v. City of Baker School Board (5th Cir.)
-- Appellee
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Newly-formed school district formerly part of district under desegregation
order remains subject to the orders affecting the school system until it
has met its burden of showing that its separation will not adversely affect
desegregation
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Scott v. Pasadena Unified School District (9th Cir.) -- Amicus
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School district's decision to examine the racial composition of the applicant
pool in deciding whether to take race into account in the selection of students
not subject to strict scrutiny
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Miller v. Board of Education of Gadsden County (11th Cir.) -- Appellant
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Prior to terminating a school desegregation decree and relinquishing jurisdiction,
a court must find that the school district has achieved unitary status
by eliminating, to the extent practicable, the vestiges of past discrimination
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District court erred in dismissing case because the school district failed
to eliminate the vestiges of discrimination that still remain in various
aspects of the school system; to comply with various requirements of the
decree; or to make a good-faith commitment to its obligation to desegregate
the school system
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Association of Mexican American Educators v. California
(9th Cir.) -- Amicus
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Title VII prohibits action by an employer directed not only at its own
employees and applicants, but also activity that interferes with another's
employer-employee relationship on grounds prohibited by Title VII
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If a recipient of federal financial assistance is a public agency, all
of its programs and activities or operations are subject to Title VI, without
regard to the specific purpose of federal assistance
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Broad definition of "program" in Civil Rights Restoration Act applies to
Title VI discriminatory effects regulations
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Anderson and United States v. School Board of Madison County (5th Cir.) -- Appellant
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School district has a continuing affirmative duty to eliminate effects
of segregation
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Locating new school so that it would not decrease travel time of currently
disproportionately burdened black students violated desegregation duty
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United States v. State of Georgia (Wayne County) (11th Cir.)
-- Appellant
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Prior to terminating a school desegregation decree and relinquishing jurisdiction,
a court must find that the school district has achieved unitary status
by eliminating, to the extent practicable, the vestiges of past discrimination
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District court erred in dismissing case without providing plaintiffs with
notice of its intent to consider dismissal and a hearing at which the plaintiffs
may present evidence and argument
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Belk v. Charlotte-Mecklenburg Board of Education (4th Cir.) -- Amicus
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In determining whether school district is "unitary," district court must make
findings that closely assess whether the school system fully complied with
prior federal court orders
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School district may consider race as one factor in its admissions decisions
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Maintaining an integrated school system is a national policy sufficiently
important to be deemed compelling
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Birmingham v. Omaha School District (8th Cir.) -- Amicus
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30-day statute of limitations period borrowed from state law too short
to be consistent with purposes of Individuals with Disabilities Education Act
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Three-year statute of limitations period is appropriate
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School's decision to provide "early graduation" to student not sufficient
to end her entitlement to IDEA services and procedural protections
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Smith v. University of Washington Law School (9th Cir.) -- Amicus
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University may consider race as one factor in its admissions decisions
in order to enroll a diverse student body
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Cureton v. NCAA (3d Cir.) -- Amicus
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Coverage of NCAA by Title VI
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Broad definition of "program" in Civil Rights Restoration Act applies to
Title VI discriminatory effects regulations
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Brewer v. West Irondequoit Central School District (2d Cir.) -- Amicus
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School districts have a compelling interest in reducing racial isolation
in elementary and secondary schools
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Race-conscious transfer policy narrowly tailored when race-neutral assignment
policies have been insufficient to reduce or halt increasing levels of racial
isolation
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Eisenberg v. Montgomery County Public Schools (4th Cir.) -- Amicus
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School districts have a compelling interest in reducing racial isolation
in elementary and secondary schools
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Race-conscious transfer policy narrowly tailored when race-neutral assignment
policies have been insufficient to reduce or halt increasing levels of racial
isolation
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Powell v. Ridge (3d Cir.) -- Amicus
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Private right of action to enforce Title VI discriminatory effects standard
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Application of Title VI discriminatory effects standard to state formula for
funding education
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Beasley v. Alabama State University (11th Cir.) -- Intervenor
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Title IX, Education Amendments of 1972, is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to Title IX actions
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Tuttle v. Arlington County School Board (4th Cir.) -- Amicus
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School districts have a compelling interest in promoting racial integration
in elementary and secondary schools
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Use of family income or students' first language as criteria in the selection
of students does not trigger strict scrutiny unless school district intended
to use a proxy for race or national origin
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Pederson v. Louisiana State University (5th Cir.) -- Intervenor
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Title IX, Education Amendments of 1972, is valid exercise of the Spending
Clause and the Fourteenth Amendment
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No Eleventh Amendment immunity to Title IX actions
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Updated March 10, 2009
