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ERIC Number: ED179670
Record Type: Non-Journal
Publication Date: 1979-Nov-28
Pages: 37
Abstractor: N/A
Reference Count: N/A
Supreme Court of the United States, Syllabus. Board of Education of the City School District of New York et al. v. Harris, Secretary of Health, Education, and Welfare, et al. Certiorari to the United States Court of Appeals for the Second Circuit, No. 78-873.
Supreme Court of the U. S., Washington, DC.
The Emergency School Aid Act (ESAA) states that the Act's purpose is to provide Federal assistance to eliminate minority group segregation among students and faculty in elementary and secondary schools. One section of the Act declares an educational agency ineligible for assistance if it has in effect any practice which results in disproportionate dismissal, demotion, hiring, promotion, or assignment of minority personnel. The request of the Board of Education of the City School District of New York for funds under ESAA was denied by the Department of Health, Education and Welfare (HEW), because of a study showing racially disproportionate assignment of minority teachers. The Board of Education then brought suit in District Court and presented justifications for the statistical disparities. The District Court remanded the case to HEW for further consideration. HEW determined that the justifications did not adequately rebut the evidence, and the District Court thereupon upheld HEW's finding of ineligibility. The Court of Appeals rejected New York City's contention that HEW was required to establish that the statistical disparities resulted from purposeful or intentional discrimination in the constitutional sense. The Court held that: (1) discriminatory impact is the standard by which ineligibility under ESAA is to measured; and (2) a prima facie case of discriminatory impact may be made by a proper statistical study, and the burden of rebutting such a case is on the petitioner. The Supreme Court affirmed the judgment of the Court of Appeals. (RLV)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: Supreme Court of the U. S., Washington, DC.
Identifiers - Laws, Policies, & Programs: Emergency School Aid Act 1972