Board of Education of the City School District of the City of Cincinnati v. Department of Health, Education and Welfare, Region 5

This is an action for declaratory judgment and injunctive relief involving the denial of federal emergency school funds to the Cincinnati school system. The action was filed by the Cincinnati Board of Education against the Department of Health, Education and Welfare and the Commissioner and certain other personnel of that Department (HEW). The statute involved is the Emergency School Aid Act, 20 U.S.C. §§ 1601-19 (1974).

The District Court denied the Board’s motion for summary judgment and granted summary judgment in favor of HEW. The Board appeals. We reverse and remand.

HEW denied the Board’s…