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1
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AMICUS BRIEF
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EXTRACTED KEY WORDS
DISCRIMINATORY COURT YORK DEFENDANTS EDUCATION CITY FEDERAL FINANCIAL ASSISTANCE PUBLIC SCHOOL UNITED STATES STUDENTS PRACTICES PRIVATE ACT VIOLATION CIVIL RIGHTS FEDERAL FUNDS PLAINTIFFS SUPREME COURT REGULATIONS PROMULGATING SUMMARY JUDGMENT MINORITY STUDENTS DISCRIMINATORY EFFECTS ALLEGATIONS AMENDED COMPLAINT EFFECTS STANDARD EDUCATION FUNDING SCHEME COMMISSIONER AMICUS CURIAE NATIONAL ORIGIN |
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CAMPAIGN FOR FISCAL EQUITY, INC., et al.,
Plaintiffs
against
THE STATE OF NEW YORK, et al.,
Defendants.
Index No. 93/111070
Hon. Leland DeGrasse, J.S.C.
BRIEF OF THE UNITED STATES AS AMICUS CURIAE
IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
INTEREST OF THE UNITED STATES
This case involves allegations that the State of New York is
employing policies and practices that have a disparate adverse
impact on New York City minority public school students -- who
comprise over 70% of the state's minority students -- in violation
of Title VI implementing regulations promulgated by the United
States Department of Education ("DOE"), 34 C.F.R.
§ 100.3(b)(1), (2).
Title VI of the Civil Rights Act of 1964 prohibits entities that
receive federal financial assistance from discriminating on the
basis of race, color, or national origin. 42 U.S.C.
§ 2000d. Pursuant to Section 602 of Title VI, DOE has promulgated
enforcement regulations. 34 C.F.R. § 100.3(b)(1), (2).
Under Executive Order No. 12250, 45 Fed. Reg. 72,995 (1980), the
Attorney General has the responsibility to oversee and coordinate
the implementation and enforcement responsibilities of all federal
agencies under Title VI. The Title VI regulations or policy
guidance promulgated by all federal agencies must be consistent
with requirements prescribed by the Attorney General, and approval
power over any federal agency's Title VI regulations has been
delegated to the Attorney General under that Executive Order. As
the federal government's chief litigator, the Department of Justice
is also responsible for Title VI litigation for the United States,
both as a plaintiff and a defendant.
Accordingly, it is critical to the enforcement of Title VI and its
implementing regulations that proper legal standards be applied in
any Title VI litigation, whether in federal or state court. Because
of the inherent limitations on administrative enforcement
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