Educational Opportunities

• Su v. U.S. Department of Education for Civil Rights, Region XV (6th Cir.) – Respondent
  • Su's petition for review should be dismissed for lack of subject matter jurisdiction because he does not have the right to judicial review under either Title VI or the Administrative Procedure Act
  
   

  Document	Date
  Motion to Dismiss	04/08/13

• Flores v. U.S. Department of Education (D.C. Cir.) – Respondent
  • Flores' petition for review should be dismissed for lack of subject matter jurisdiction because he does not have the right to judicial review under either Title VI or the Administrative Procedure Act
  
   

  Document	Date
  Motion to Dismiss	04/08/13

• Flores v. U.S. Department of Education (5th Cir.) – Respondent
  • Flores' petition for review should be dismissed for lack of subject matter jurisdiction because he does not have the right to judicial review under either Title VI or the Administrative Procedure Act
  
   

  Document	Date
  Dismissed	05/03/13
  Motion to Dismiss	04/08/13

• Carmichael v. Galbraith (5th Cir.) – Amicus
  • The district court erred in dismissing the complaint, because it adequately alleges a plausible claim of sex discrimination on at least two separate legal theories: same-sex sexual harassment, and gender stereotyping
  
   

  Document	Date
  Brief as Amicus	04/01/13

• Lance v. Kyer (5th Cir.) – Amicus
  • A school district that is deliberately indifferent to student-on-student disability-based harassment is liable for damages
  • The evidence in this case is sufficient for the plaintiffs to survive summary judgment
  • There is sufficient evidence that the harassment Montana suffered was based on his disabilities, that it was sufficiently severe and pervasive to be actionable, and that school officials had sufficient knowledge of this harassment to trigger their obligation to act
  
   

  Document	Date
  Brief as Amicus	03/18/13

• Thomas v. St. Martin Parish School Board (5th Cir.) – Amicus
  • The Decree was not a declaration of unitary status and that it did not dismiss the case because it failed to make a "rather precise statement" that the Board achieved unitary status, and support such a statement with detailed factual findings
  • The court issuing the Decree failed to provide for a hearing to ascertain whether the defendants had complied in good faith with the decree since it was entered, and had eliminated the vestiges of past discrimination to the extent practicable
  • The Decree's retention of jurisdiction and issuance of a permanent injunction are inconsistent with a finding of unitary status and case dismissal
  
   

  Document	Date
  Brief as Amicus	03/13/13

• Long v. Murray County School District (11th Cir.) – Amicus
  • The district court did not adequately consider Eleventh Circuit precedent and persuasive authority, holding that a school district may be deliberately indifferent to harassment when it knows that its remedial measures have been ineffective and fails to take any further action reasonably calculated to eliminate the harassment
  
   

  Document	Date
  Brief as Amicus	09/28/12

• Fisher v. University of Texas (S. Ct.) - Amicus
  • The United States has a compelling interest in the educational benefits of diversity
  • The University of Texas' use of race in freshman admissions to achieve the educational benefits of diversity is constitutional
  
   

  Document	Date
  Brief as Amicus	08/13/12

• Argenyi v. Creighton University (8th Cir.) – Amicus
  • The district court erred in holding that to establish a violation under the statutes, Argenyi needed to show that he would be effectively excluded from the medical school without the assistance of the auxiliary aids and services he requested
  • The district court erred in disregarding Argenyi's statements concerning the effectiveness of the auxiliary aids Creighton provided, and deferring to Creighton's decision not to allow Argenyi to use interpreters in clinics as an "academic" decision
  
   

  Document	Date
  Court of Appeals Decision, 703 F.3d 441	01/15/13
  Brief as Amicus	01/26/12

• Biediger v. Quinnipiac University (2d Cir.) – Amicus
  • The district court reasonably applied the Department of Education Office for Civil Rights's Title IX regulations in holding that the University's competitive cheerleading squad did not constitute a sport for purposes of Title IX
  • The district court properly applied OCR's 1996 Title IX Clarification to hold that, in the context of Quinnipiac's athletic program, a 38-athlete disparity was sufficient to constitute a Title IX violation
  
   

  Document	Date
  Court of Appeals Decision, 691 F.3d 85	08/07/12
  Brief as Amicus	09/07/11

• R.K. v. Board of Education of Scott County, et al. (6th Cir.) – Amicus
  • The district court applied the wrong legal standard and that state regulations governing insulin administration are preempted by federal protections for students with disabilities
  
   

  Document	Date
  Court of Appeals Decision, 494 F. App'x 589	08/16/12
  Brief as Amicus	06/07/11

• Fisher & Mendoza v. Tucson Unified School District (9th Cir.) – Plaintiff-Intervenor
  • The district court failed to follow Supreme Court precedent governing termination of court oversight of a desegregation decree in reaching its decision to grant unitary status and terminate this case
  
   

  Document	Date
  Court of Appeals Decision [PDF], reported at 652 F.3d 1131	07/19/11
  Brief as Plaintiff-Intervenor [PDF]	04/29/11

• Zeno v. Pine Plains Central School District (2d Cir.) – Amicus
  • A school district can be found deliberately indifferent to known acts of student-on-student racial harassment under Title VI where it knows that individual disciplinary measures have not prevented persistent racial harassment, and yet fails to implement additional remedial action targeted to ending the harassment
  
   

  Document	Date
  Court of Appeals Decision, 702 F.3d 655	12/03/12
  Brief as Amicus [PDF]	04/21/11

• Williams v. Port Huron Area School District (6th Cir.) – Amicus
  • The standard for Title VI racial harassment claims is the deliberate indifference standard employed in Title IX cases
  • The evidence is sufficient for a reasonable factfinder to find that the school district was deliberately indifferent to the harassment from 2003-2006
  
   

  Document	Date
  Court of Appeals Decision, 455 F. App'x 612 (unpublished)	01/09/12
  Brief as Amicus [PDF]	03/09/11

• Doe v. Lower Merion School District (3d Cir.) – Amicus
  • Strict scrutiny did not apply to the school district's consideration of neighborhood racial demographics in order to promote diversity and avoid racial isolation, as per Justice Kennedy's concurrence in Parents Involved
  
   

  Document	Date
  Court of Appeals Decision [PDF], reported at 665 F.3d 524	12/14/11
  Brief as Amicus [PDF]	02/02/11

• Payne v. Peninsula School District (9th Cir.) – Amicus
  • Where a plaintiff alleges unconstitutional abuse and seeks only backward-looking remedies, the IDEA’s exhaustion requirements do not apply
  
   

  Document	Date
  Court of Appeals Decision [PDF], reported at 653 F.3d 863	07/29/11
  Brief as Amicus [PDF]	11/04/10

• Doe v. Merrill Community School District (6th Cir.) – Amicus
  • The harassment, given the totality of the circumstances, was severe, offensively objective, and pervasive conduct, and thus was actionable
  • The school was deliberately indifferent on many different occasions, including when it lifted its supervision of John Doe on campus – 30 days after the last incident of his egregious sexual harassment of plaintiff – with no consideration as to the ongoing danger he posed to plaintiff and other students
  
   

  Document	Date
  Court of Appeals Decision, reported at 668 F.3d 356	02/03/12
  Brief as Amicus [PDF]	07/23/10

• Doe v. Vermilion Parish School Board (5th Cir.) – Amicus
  • The district court erred in concluding that, to establish discriminatory intent in an Equal Protection Clause challenge to the School Board’s facial gender classification, plaintiffs must establish that the School Board intended to harm or disadvantage either boys or girls
  • The district court erred in concluding that single-sex classes do not violate DOE’s Title IX regulations, as amended in 2006, because the court failed to recognize that, in order to satisfy these regulations, the School Board must also establish that the single-sex classes are based on an important government objective. Here, the School Board failed to demonstrate such a valid objective
  
   

  Document	Date
  Court of Appeals Decision [PDF], 421 F. App'x 366 (unpublished)	04/06/11
  Brief as Amicus [PDF]	06/04/10

• Fisher v. University of Texas (5th Cir.) -- Amicus
  • The University has a compelling interest in achieving a diverse student enrollment, and its limited use of race in freshman admissions is narrowly tailored to further that interest.
  
   

  Document	Date
  Court of Appeals Decision [PDF], reported at 631 F.3d 213	01/18/11
  Brief as Amicus [PDF]	03/12/10

• United States v. Texas (5th Cir.) -- Appellee
  • Court of appeals lacks jurisdiction to review the LEP order; the Eleventh Amendment and defendants’ other jurisdictional arguments do not bar this action; and the district court’s factual findings of deficiencies in defendants’ monitoring program are not clearly erroneous
  • District court did not abuse its discretion in finding that the Samnorwood decision does not require the modification state defendants request
  
   

  Document	Date
  Court of Appeals Decision, reported at 601 F.3d 354	03/22/10
  Brief as Appellee [PDF]	04/08/09
  Supplemental Brief [PDF]	07/06/09

• Horne v. Flores (S. Ct.) -- Amicus
  • The Ninth Circuit applied the correct standard in reviewing the district court's decision
  • The district court did not abuse its discretion in declining to dissolve its remedial orders because (a) receipt of federal funds under NCLB does not itself demonstrate compliance with the EEOA, (b) factual circumstances in Nogales do not compel dissolution of the orders, and (c) HB 2064 does not fully satisfy the district court=s judgment, although it would with certain modifications
  
   

  Document	Date
  Supreme Court Decision, 129 S. Ct. 2579	06/25/09
  Brief as Amicus	03/25/09

• 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
  
   

  Document	Date
  Court of Appeals Decision [PDF], reported at 566 F.3d 642	05/21/09
  Brief as Appellee/Cross-Appellant [PDF]	02/06/08

• 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
  
   

  Document	Date
  Court of Appeals Decision [PDF], reported at 650 F.3d 30	06/02/11
  Brief as Amicus [PDF]	04/01/08

• 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
  
   

  Document	Date
  Court of Appeals Decision [PDF], reported at 554 F.3d 734	01/30/09
  Brief as Amicus [PDF]	04/18/08

• Colorado Christian University v. Weaver (10th Cir.) -- Amicus
  • Colorado’s exclusion of “pervasively sectarian” institutions from public tuition assistance programs violates the First and Fourteenth Amendments
  
   

  Document	Date
  Court of Appeals Decision [PDF], reported at 534 F. 3d 1245	07/23/08
  Brief as Amicus [PDF]	09/21/07

• United States & Knight v. Alabama (11th Cir.) -- Appellee
  • 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

• Keys v. United States & Covington County School District (5th Cir.) -- Appellee
  • The district court did not abuse its discretion by ruling that appellants’ motion to intervene was untimely
  • Even if appellants’ motion to intervene were timely, the district court correctly concluded that appellants are not entitled to intervention as of right
  
   

  Document	Date
  Brief as Appellee [PDF]	02/16/07
  Court of Appeals Decision [PDF], reported at 499 F.3d 464	09/05/07

• United States v. Mississippi (5th Cir.) -- Appellee
  • 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
  • The comity and federalism considerations the district raises are inapposite and do not warrant dismissal of the case
  
   

  Document	Date
  Brief as Appellee [PDF]	09/07/06
  Court of Appeals Decision [PDF], reported at 211 Fed. Appx. 296	12/22/06

• United States v. Texas (5th Cir.) -- Appellee
  • The district court had jurisdiction over this controversy
  • The district court properly allowed Hearne Independent School District to intervene in this action
  • This court should affirm the district court's injunction against TEA
  • This court should affirm the district court's injunction against Mumford Independent School District
  
   

  Document	Date
  Brief as Appellee [PDF]	10/13/05
  Court of Appeals Decision [PDF], reported at 457 F.3d 472	07/24/06

• Toledo v. Sanchez-Rivera (1st Cir.) -- Intervenor
  • Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment legislation as applied in the context of public education
  
   

  Document	Date
  Brief as Intervenor [PDF]	08/25/05

• Graham & United States v. Evangeline Parish School Board (5th Cir.) -- Appellee
  • Because intervention was properly denied, the appeal should be dismissed for lack of appellate jurisdiction
  
   

  Document	Date
  Brief as Appellee [PDF]	10/21/04
  Court of Appeals Decision [PDF], 132 Fed. Appx. 507 (unpublished)	05/17/05

• Atkinson v. Lafayette College (3d Cir.) -- Amicus
  • Individuals have a private right of action for claims of retaliation under Title IX
  
   

  Document	Date
  Brief as Amicus Curiae [PDF]	11/06/03
  Court of Appeals Decision [PDF], reported at 460 F.3d 447	08/21/06

• Curry v. Macon County Bd. of Educ. (Clay County) & United States (11th Cir.) -- Intervenor/Appellee
  • The appeal should be dismissed for lack of appellate jurisdiction
  • Proposed Intervenors do not satisfy the criteria for intervention
  • The district court acted well within its discretion in approving the consent order without a hearing
  
   

  Document	Date
  United States’ Opposition To Proposed Intervenors’ Motion For A Stay Of Order Denying Intervention [PDF]	06/26/03
  Motion to Stay Denied	07/29/03
  Brief as Appellee [PDF]	12/23/03
  Dismissed for lack of jurisdiction	11/03/04

• Communities for Equity v. Michigan High School Athletic Association (6th Cir.) -- Amicus
  • The district court's order solely finding liability is not a final appealable order under 28 U.S.C. 1291
  • The district court's order is not appealable under 28 U.S.C. 1292(a)(1)
  
   

  Document	Date
  Brief as Amicus In Support Of Plaintiffs-Appellees' Motion To Dismiss [PDF]	02/28/02
  Motion to Dismiss Denied	05/09/02
  Brief as Amicus Curiae Supporting Appellees and Urging Affirmance [PDF]	08/15/03
  Court of Appeals Decision [HTML], reported at 377 F.3d 504	07/27/04

• United States v. Macon County Board of Education (11th Cir.) -- Appellee
  • Parent of former student has no right to appeal district court's approval of modification of a desegregation order
  • District court properly approved modification
  
   

  Document	Date
  Brief as Appellee [PDF]	12/13/01
  Dismissed for lack of standing	02/12/02

• Litman v. George Mason University (4th Cir.) -- Amicus
  • There is a private right of action to enforce the anti-retaliation regulation promulgated under Title IX.
  
   

  Document	Date
  Brief as Appellee [HTML] [PDF]	12/03/01
  Court of Appeals decision [PDF], unpublished, 92 Fed. Appx. 41	02/25/04

• United States v. East Baton Rouge Parish School Board (5th Cir.) -- Appellee
  • Court of appeals lacks jurisdiction over appeal of order that simply clarifies prior desegregation order
  • 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
  
   

  Document	Date
  Brief as Appellee [HTML] [PDF]	05/25/01
  Court of Appeals Decision [PDF], reported at 273 F.3d 1096	09/07/01

• Board of Regents of the University of Georgia v. Johnson (11th Cir.) -- Amicus
  • University may consider race as one factor in its admissions decisions in order to enroll a diverse student body
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	10/24/00
  Court of Appeals decision [HTML], reported at 263 F.3d 1234	08/27/01

• Davis and United States v. City of Baker School Board (5th Cir.) -- Appellee
  • 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
  
   

  Document	Date
  Brief as Appelle [HTML]  [PDF]	07/31/00
  Court of Appeals decision, unpublished	03/08/01

• Scott v. Pasadena Unified School District (9th Cir.) -- Amicus
  • 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
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	07/13/00
  Court of Appeals decision [PDF], reported at 306 F.3d 646	09/04/02

• Miller v. Board of Education of Gadsden County (11th Cir.) -- Appellant
  • 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
  • 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
  
   

  Document	Date
  Brief as Appellant [HTML] [PDF]	06/30/00
  Reply Brief [HTML]  [PDF]	08/14/00
  Court of Appeals decision, unpublished	08/08/01

• Association of Mexican American Educators v. California (9th Cir.) -- Amicus
  • 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
  • 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
  • Broad definition of "program" in Civil Rights Restoration Act applies to Title VI discriminatory effects regulations
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	06/02/00
  Court of Appeals decision [PDF], reported at 231 F.3d 572	10/30/00

• Anderson and United States v. School Board of Madison County (5th Cir.) -- Appellant
  • School district has a continuing affirmative duty to eliminate effects of segregation
  • Locating new school so that it would not decrease travel time of currently disproportionately burdened black students violated desegregation duty
  
   

  Document	Date
  Brief as Appellant [HTML] [PDF]	05/08/00
  Reply Brief [HTML]  [PDF]	08/01/00
  Court of Appeals decision [PDF], reported at 232 F.3d 450	11/06/00

• United States v. State of Georgia (Wayne County) (11th Cir.) -- Appellant
  • 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
  • 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
  
   

  Document	Date
  Brief as Appellant [HTML] [PDF]	05/02/00
  Reply Brief [HTML]  [PDF]	06/22/00
  Court of Appeals decision, unpublished	07/11/00

• Belk v. Charlotte-Mecklenburg Board of Education (4th Cir.) -- Amicus
  • 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
  • School district may consider race as one factor in its admissions decisions
  • Maintaining an integrated school system is a national policy sufficiently important to be deemed compelling
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	03/08/00
  Court of Appeals Decision [HTML]  [PDF], reported at 233 F.3d 232	11/30/00
  Petition for Rehearing En Banc granted	01/17/01
  En Banc decision [HTML]  [PDF], reported at 269 F.3d 305	09/21/01

• Birmingham v. Omaha School District (8th Cir.) -- Amicus
  • 30-day statute of limitations period borrowed from state law too short to be consistent with purposes of Individuals with Disabilities Education Act
  • Three-year statute of limitations period is appropriate
  • School's decision to provide "early graduation" to student not sufficient to end her entitlement to IDEA services and procedural protections
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	02/04/00
  Court of Appeals decision [PDF], reported at 220 F.3d 850	08/07/00

• Smith v. University of Washington Law School (9th Cir.) -- Amicus
  • University may consider race as one factor in its admissions decisions in order to enroll a diverse student body
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	09/16/99
  Court of Appeals decision [PDF], reported at 233 F.3d 1188	12/04/99

• Cureton v. NCAA (3d Cir.) -- Amicus
  • Coverage of NCAA by Title VI
  • Broad definition of "program" in Civil Rights Restoration Act applies to Title VI discriminatory effects regulations
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	06/16/99
  Court of Appeals decision [HTML], reported at 198 F.3d 107	12/22/99
  Brief Supporting Petition for Rehearing En Banc [HTML]   [PDF]	01/18/00
  Petition for Rehearing En Banc denied	02/09/00

• Brewer v. West Irondequoit Central School District (2d Cir.) -- Amicus
  • School districts have a compelling interest in reducing racial isolation in elementary and secondary schools
  • Race-conscious transfer policy narrowly tailored when race-neutral assignment policies have been insufficient to reduce or halt increasing levels of racial isolation
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	04/22/99
  Court of Appeals Decision [HTML], reported at 212 F.3d 738	05/11/00

• Eisenberg v. Montgomery County Public Schools (4th Cir.) -- Amicus
  • School districts have a compelling interest in reducing racial isolation in elementary and secondary schools
  • Race-conscious transfer policy narrowly tailored when race-neutral assignment policies have been insufficient to reduce or halt increasing levels of racial isolation
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	01/19/99
  Court of Appeals Decision [HTML]  [PDF], reported at 197 F.3d 123	10/06/99
  Petition for Certiorari denied, reported at 529 U.S. 1019	03/20/00

• Powell v. Ridge (3d Cir.) -- Amicus
  • Private right of action to enforce Title VI discriminatory effects standard
  • Application of Title VI discriminatory effects standard to state formula for funding education
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	02/16/99
  Court of Appeals decision [HTML], reported at 189 F.3d 387	08/25/99
  Petition for Certiorari denied, reported at 528 U.S. 1046	12/06/99

• Beasley v. Alabama State University (11th Cir.) -- Intervenor
  • Title IX, Education Amendments of 1972, is valid exercise of the Spending Clause and the Fourteenth Amendment
  • No Eleventh Amendment immunity to Title IX actions
  
   

  Document	Date
  Brief as Intervenor [HTML] [PDF]	10/30/98
  Appeal dismissed, unpublished	09/27/99

• Tuttle v. Arlington County School Board (4th Cir.) -- Amicus
  • School districts have a compelling interest in promoting racial integration in elementary and secondary schools
  • 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
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	07/21/98
  Court of Appeals Decision [HTML]  [PDF],  reported at 195 F.3d 698	11/01/99
  Petition for Certiorari denied, reported at 529 U.S. 1050	03/28/00

• Pederson v. Louisiana State University (5th Cir.) -- Intervenor
  • Title IX, Education Amendments of 1972, is valid exercise of the Spending Clause and the Fourteenth Amendment
  • No Eleventh Amendment immunity to Title IX actions
  
   

  Document	Date
  Brief as Intervenor	04/07/98
  Court of Appeals decision [PDF], reported at 201 F.3d 388	01/27/00
  Brief Opposing Petition for Rehearing En Banc [HTML]   [PDF]	03/02/00
  Court of Appeals amended decision [PDF], reported at 213 F.3d 858	06/01/00

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