Desegregation of Public Education

Published on AidPage by IDILOGIC on Jun 24, 2005

Administered by:

US Federal Government Agency (see all agencies)
Department of Justice , Civil Rights Division
CFDA #: 16.100

Purpose of this program:

To secure equal educational opportunity for persons regardless of race, color, religion, sex, or national origin.

Possible uses and use restrictions...

The Justice Department may go to court to obtain an order to desegregate a public school (elementary or secondary levels) or public college. The Attorney General may initiate legal proceedings to further orderly desegregation upon receiving a meritorious written complaint from (1) any parent or group of parents whose minor children are being deprived by a school board of equal protection of the laws; or (2) any individual or parent of an individual who has been denied admission to or not permitted to continue in attendance at a public college or university because of race, color, religion, sex or national origin. The Attorney General must certify that the suit will materially further the orderly process of desegregation. The Attorney General may also intervene in any case in which the plaintiff alleges a denial of equal protection of the law on the basis of race, color, religion, sex, or national origin. In addition, the Attorney General may litigate Title VI, Title IX (of the Education Amendments of 1972), Section 504 of the Rehabilitation Act of 1973 referrals received from the Department of Education, previously the Department of Health Education and Welfare, to vindicate the rights of individuals excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance on account of their race, color, sex, national origin, or disability. The Attorney General may also go to court to ensure that school districts take appropriate steps to overcome language barriers that impede equal participation in the district's instructional program pursuant to the Equal Educational Opportunities Act.

Who is eligible to apply...

Parent or group of parents in the case of public schools. An individual or his/her parents in the case of a public college.

Eligible Applicant Categories:
Eligible Functional Categories:

Not applicable.

Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.

About this section:

This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy. For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree, 3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible. Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they must satisfy.

Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs, the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.

How to apply...

Application Procedure:

Contact the headquarters office listed below.

Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.

Award Procedure:

Not applicable.

Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check. Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office, or by an authorized county office. The assistance may pass through the initial applicant for further distribution by intermediate level applicants to groups or individuals in the private sector.

Deadlines and process...


Not applicable.

Note: When available, this section indicates the deadlines for applications to the funding agency which will be stated in terms of the date(s) or between what dates the application should be received. When not available, applicants should contact the funding agency for deadline information.

Range of Approval/Disapproval Time

Not applicable.

Preapplication Coordination

None. This program is excluded from coverage under E.O. 12372.

Note: This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units prior to the submission of a formal application to the federal funding agency.


Not applicable.

Note: In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).


Not applicable.

Note: In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.

Who can benefit...

Parent or group of parents in the case of public schools. An individual or his/her parents in the case of a public college.

About this section:

This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.

What types of assistance...

Provision of Specialized Services

Programs which provide Federal personnel directly to perform certain tasks for the benefit of communities or individuals. These services may be performed in conjunction with nonfederal personnel, but they involve more than consultation, advice, or counseling.

How much financial aid...

Range and Average of Financial Assistance

Not applicable.

Note: This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.


(Salaries and Expenses) FY 03 $4,631,000; FY 04 est $4,793,000; and FY 05 est $4,687,000.

Note: The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.

Account Identification


Note: Note: This 11-digit budget account identification code represents the account which funds a particular program. This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.

Examples of funded projects...

Not applicable.

About this section

This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.

Program accomplishments...

Among the Section's most important priorities is its responsibility to monitor approximately 359 school districts currently covered by desegregation orders in cases in which the United States is a party. To ensure that districts comply with their obligations, the Section routinely reviews matters relating to student assignment, faculty assignment and hiring, transportation policies, extracurricular activities, the availability of equitable facilities, and the distribution of resources. The Section also routinely responds to requests by other parties to modify court orders to reflect current circumstances, and also to requests by parties and courts regarding unitary status and the ultimate dismissal of the lawsuit. As a result of these activities, the Section obtained relief in a number of cases, including improved facilities for minority students, the elimination of one race schools and consolidation of schools to ensure desegregation, the desegregation of faculty and recruitment of minority faculty and staff, more equitable transportation routes for minority students, the elimination of segregative transfers, and the elimination of racially dual awards. Also, where appropriate, the Section agreed that the desegregation process had been completed in several districts and agreed to declarations of unitary status. For FY 2003, the Section embarked on several new initiatives. First, we expanded our amicus practice to include cases involving religious discrimination. We filed amicus briefs in cases to support after school use of public school facilities for programs which included among other things, worship; we also successfully supported a group of students who wished to distribute candy canes to which they attached messages of a religious nature. We also conducted a review of the practices of a professor who refused to provide recommendations to students allegedly because of religious discrimination. Our investigation led to a change in the professor's policy. The Section also launched investigations to determine whether limited English proficient students were receiving services to permit them to participate in the educational process, and concluded and reached agreements in other such investigations. Other notable achievements in safeguarding the educational opportunities for all students included: (1) continuing to monitor school districts under court order and notifying 45 school districts regarding concerns about compliance and resolving concerns; (2) obtaining a favorable judgment in our litigation against the Bertie, North Carolina school district, as well as favorable desegregation relief in, for example, Port Arthur, Texas and Clay County, Alabama; (3) obtaining a remedy in our successful litigation against the Michigan High School Athletic Association (MHSAA) to ensure equal opportunity for girls in high school sports throughout the State; (4) obtaining a favorable judgment in a case involving a collateral attack on a consent decree that provides equal opportunity for girls in high school sports in South Dakota; (5) working with parties in longstanding desegregation cases to ensure that requests for unitary status were properly evaluated and agreeing to unitary status in 20 cases where our efforts helped achieve unitary school systems; (6) opposing requests for declarations unitary status in several cases, and attempting to resolve the cases amicably where we do oppose, where appropriate; (7) increasing the number of case reviews initiated to 119; (8) finalizing a consent decree in the Madison, Tennessee racial harassment case which provides for damages and injunctive relief; and (9) continuing attempts to voluntarily resolve issues through alternative dispute resolution in 7 cases. Quiries into school districts to determine whether legally appropriate services are being provided to limited English proficient students and disablestudents, and

Criteria for selecting proposals...

Not applicable.

Assistance considerations...

Length and Time Phasing of Assistance

Not applicable.

Formula and Matching Requirements

Not applicable.

A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.

Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.

In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.

Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.

Post assistance requirements...


Not applicable.

Note: This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.


Not applicable.

Note: This section discusses audits required by the Federal agency. The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133. These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year, as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period, rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).


Not applicable.

Note: This section indicates the record retention requirements and the type of records the Federal agency may require. Not included are the normally imposed requirements of the General Accounting Office. For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C. For other programs, record retention is governed by the funding agency's requirements.



Civil Rights Act of 1964, as amended, Title IV, Public Law 88-352, 42 U.S.C. 2000(c), Title VI, 42 U.S.C. 2000(d), Title IX, 42 U.S.C. 2000(h-2); Equal Educational Opportunities Act of 1974, Public Law 93-380, 20 U.S.C. 1701, et seq.; Education Amendments of 1972, Title IX, Public Law 92-318, 20 U.S.C. 1681.

Note: This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).

Regulations, Guidelines, And Literature

28 CFR 0.50; Civil Rights Act of 1964; Summary of the Civil Rights Act of 1964.

Contact information...

Web Sites
Regional Or Local Office


Note: This section lists the agency contact person, address and telephone number of the Federal Regional or Local Office(s) to be contacted for detailed information regarding a program such as: (1) current availability of funds and the likelihood of receiving assistance within a given period; (2) pre-application and application forms required; (3) whether a pre-application conference is recommended; (4) assistance available in preparation of applications; (5) whether funding decisions are made at the headquarters, regional or local level; (6) application renewal procedures (including continuations and supplementals) or appeal procedures for rejected applications; and (7) recently published program guidelines and material. However, for most federal programs, this section will instruct the reader to consult the so-called Appendix IV of the Catalog due to the large volume of Regional and Local Office Contacts for most agencies. This information is provided in Additional Contact Information (see below).

Headquarters Office

Department of Justice, Civil Rights Division, Educational Opportunities Litigation Section, Washington, DC 20530. Telephone: (202) 514-4092. Contact: Office of Public Affairs, Department of Justice. Telephone: (Voice) (202) 514-2007; (TDD) (202) 514-1888.

Note: This section lists names and addresses of the office at the headquarters level with direct operational responsibility for managing a program. A telephone number is provided in cases where a Regional or Local Office is not normally able to answer detailed inquiries concerning a program. Also listed are the name(s) and telephone number(s) of the information contact person(s) who can provide additional program information to applicants.

Additional Contact Information (Appendix IV)

Due to the large volume of regional and local office contacts for most agencies, full contact information is also provided separately here in a PDF format: