Legal Opinion

Board of Education of the City School District v. Califano

District Court, E.D. New York

Decided January 10, 1979No. 78-C-2135PublishedCited by 7 opinions

1Opinion of the Court

AMENDED MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

An application by the plaintiff, the New York City Board of Education, for 1978-79 funding under the Emergency School Aid Act (ESAA), 20 U.S.C. § 1601 et seq. (Supp. II 1972) has been denied by the defendant, the Department of Health, Education and Welfare (HEW) on the ground that the Board is ineligible because it “had in effect . [a] practice, policy or procedure” of discrimination on the basis of race in assigning teachers after June 23, 1972. 20 U.S.C. § 1605(d)(1)(B) (Supp. II 1972). The Board’s request for a waiver of ineligibility,…

2Cases cited28 opinions

  1. Brown v. Board of EducationSupreme Court of the United States · 1954
  2. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  3. Udall v. TallmanSupreme Court of the United States · 1965
  4. Bolling v. SharpeSupreme Court of the United States · 1954
  5. Brown v. Board of EducationSupreme Court of the United States · 1955

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3Cited by7 opinions

  1. Board of Education of City School District of City of New York v. HarrisCourt of Appeals for the Second Circuit · 1979
  2. Caulfield v. Board of Ed. of City of New YorkDistrict Court, E.D. New York · 1979
  3. Board of Education of City School District of City of New York v. HufstedlerCourt of Appeals for the Second Circuit · 1981
  4. 26 Fair empl.prac.cas. 553, 24 Empl. Prac. Dec. P 31,270 William Caulfield, and Albert Shanker, Intervenors-Plaintiffs-Appellants, and Theodore Elsberg, Intervenors-Plaintiffs v. Board of Education of the City of New York, Irving Anker, and Joseph Califano, Jr., and Gordon Ambach, Commissioner of Education, and Coalition of Concerned Black Educators, Intervenors-Defendants- and Ronald Ross, Intervenor-Defendant-AppelleeCourt of Appeals for the Second Circuit · 1980
  5. Board of Education of City School District of City of New York v. HarrisCourt of Appeals for the Second Circuit · 1980

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