Desegregation of Public Education (16.100)
Program
16.100 Desegregation of Public Education
Federal Agency
CIVIL RIGHTS DIVISION, DEPARTMENT OF JUSTICE
Authorization
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.
Program Number
16.100
Last Known Status
Active
Objectives
To secure equal educational opportunity for persons regardless of race, color, religion, sex, or national origin.
Types of Assistance
Provision of Specialized Services.
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.
Credentials/Documentation
Not applicable.
Application and Award Process
Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.
Application Procedure
Contact the headquarters office listed below.
Award Procedure
Not applicable.
Deadlines
Not applicable.
Range of Approval/Disapproval Time
Appeals
None.
Renewals
None.
Assistance Considerations
Formula and Matching Requirements
None.
Length and Time Phasing of Assistance
None.
Post Assistance Requirements
Reports
None.
Audits
In accordance with the provisions of OMB Circular No. A- 133, (Revised, June 24, 1997), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that receive financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for the year, except as noted in Circular No. A-133.
Records
None.
Program Accomplishments
Among the Section's most important priorities is its responsibility to monitor approximately 400 school districts currently covered by desegregation orders in cases in which the United States is a party. To ensure that districts comply with their obligations, the Section routinely reviews matters relating to student assignment, faculty assignment and hiring, transportation policies, extracurricular activities, the availability of equitable facilities, and the distribution of resources. The Section also routinely responds to requests by other parties to modify court orders to reflect current circumstances, and also to requests by parties and courts regarding unitary status and the ultimate dismissal of the lawsuit. As a result of these activities, the Section obtained relief in a number of cases, including improved facilities for minority students, the consolidation of schools to ensure desegregation, the recruitment of minority faculty and staff, as well as shortened and more equitable transportation routes for minority students. Also, where appropriate, the Section agreed that the desegregation process had been completed in several districts and agreed to declarations of unitary status. For FY 2002, the Section achieved several notable accomplishments. First, the Section helped to resolve the longstanding Yonkers, New York elementary and secondary education desegregation case. The settlement resolved outstanding issues concerning the State's liability, restored control of the district to the local school board, and provided $300 million to the district to use for educational and remedial programs over the next 5 years. These programs are aimed at narrowing the "achievement gap" between disadvantage and other students. The agreement dismisses the education side of the case, while allowing the housing side to proceed, and retains federal court jurisdiction to enforce the terms of the agreement. The Section also achieved another major victory through the settlement of the Mississippi higher education desegregation case, a 25-year old lawsuit. Under the agreement, the State will provide approximately $500 million to improve education at the State's historically-black public 4 year colleges and increase access for minority students at the State's other colleges. As part of the relief, the historically-black collages are to implement new programs, provide funds to enhance facilities, and receive funds to create and enhance existing endowments. This agreement also provides for the dismissal of the underlying litigation, with retention of jurisdiction in the district court for enforcement purpose. Other notable achievements in safeguarding the educational opportunities for all student included: (1) successfully litigating a Title IX case against the Michigan High School Athletic Association (MHSAA) and obtaining a court order requiring MHSAA to develop a plan to ensure equal opportunity for girls in high school sports throughout the State; (2) reaching an agreement in Madison v. Sullivan, a Title VI peer harassment case, which includes compensation ($425,000) to the private plaintiffs, injunctive relief in the form of a revised harassment policy, implementation and training with respect to that policy, and regular reporting on future harassment incidents and the district's progress in implementing the injunctive relief; (3) obtaining a favorable settlement in ten cases regarding the desegregation of several Alabama's junior colleges and trade schools, with the dismissal of two (2) of the technical collages; (4) working with parties in longstanding desegregation cases to ensure that requests for unitary status were properly evaluated and agreeing to unitary status in ten cases where our efforts helped achieve unitary school systems as well as attaining such status in seven of the school districts in the Lee v. Macon case; and (5) opening preliminary inquiries into school districts to determine whether legally appropriate services are being provided to limited English proficient students and disable students, and whether peer harassment is being adequately addressed by school officials.
Financial Information
Account Identification
15-0128-0-1-752.
Obligations
(Salaries and Expenses) FY 02 $4,398,000; FY 03 est $4,578,000; and FY 04 est $4,839,000.
Range and Average of Financial Assistance
Not applicable.
Regulations, Guidelines and Literature
28 CFR 0.50; Civil Rights Act of 1964; Summary of the Civil Rights Act of 1964.
Related Programs
16.200, Community Relations Service; 29.001, Clearinghouse Services, Civil Rights Discrimination Complaints; 84.004, Civil Rights Training and Advisory Services; 93.001, Civil Rights Compliance Activities.
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
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Not applicable.
