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Education

  • Flores v. U.S. Department of Education (4th Cir.) – Respondent
    • Flores'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 
    Court of Appeals Decision 08/21/14
    Motion to Dismiss 08/01/14
  • Cowan & U.S. v. Cleveland School District (5th Cir.) – Appellant
    • The court's freedom of choice plan does not meet constitutional requirements
    • The history of school choice under the majority-to-minority transfer program indicates that a freedom of choice plan would not work today
    • Pre-enrollment data for the coming school year indicates that the middle and high schools will remain segregated under the court's plan
    • Consolidation of the schools would be a more effective method of achieving desegreagation

     
    Document Date 
    Court of Appeals Decision, 2014 WL 1302620 04/01/14
    Reply Brief 12/09/13
    Brief as Appellant 09/16/13
  • Flores v. Huppenthal (9th Cir.) – Amicus
    • The district court failed to properly apply the second and third prongs of Castaneda v. Pickard, 648 F.2d 989 (5th Cir. 1981), in determining whether the State has complied with the Equal Educational Opportunities Act, 20 U.S.C. 1701 et seq.

     
    Document Date 
    Brief as Amicus 09/13/13
  • Ollier v. Sweetwater Union High School District (9th Cir.) – Amicus
    • A 6.7% or 47-athlete participation gap between female enrollment and female athletic participation was evidence that the school district had not provided substantially proportionate athletic opportunities
    • The school district had not shown a history and continuing practice of program expansion
    • The school district had not shown full and effective accommodation of female athletic interest and abilities

     
    Document Date 
    Brief as Amicus 05/22/13
  • 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 
    Dismissed 07/25/13
    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 
    Court of Appeals Decision, 2014 WL 2767590 06/19/14
    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 
    Court of Appeals Decision, 743 F.3d 982 02/28/14
    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 
    Court of Appeals Decision, 2014 WL 2866459 06/24/14
    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 
    Court of Appeals Decision, 522 F. App'x 576 06/18/13
    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 
    Supreme Court Decision, 133 S. Ct. 2411 06/24/13
    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-Appellee
    • Arizona's second motion for reconsideration is to be reviewed under an abuse of discretion standard and that the motion was properly denied
    • As Arizona lacks a significantly protectable interest in this case, the outcome of the case did not impair Arizona's ability to protect its interests
    • Arizona's interests were adequately represented
    • The motion was untimely
    • 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 
    Brief as Plaintiff-Intervenor-Appellee 11/13/13
    Court of Appeals Decision , reported at 652 F.3d 1131 07/19/11
    Brief as Plaintiff-Intervenor 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 court should defer to many of the findings underlying the University's determination, such as its assessment of how much diversity is required for it to accomplish its mission, but that the court should "independently review" the ultimate conclusion that the University lacked sufficient diversity
    • That, applying that standard to the record in this case, the court should uphold the University's determination
    • 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 , 2014 WL 3442449 07/15/14
    Supplemental Brief as Amicus 11/01/13
    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
  • 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
  • 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
  • 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
  • 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


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