finding that “proof of discriminatory effect suffices to establish liability when the suit is brought to enforce regulations issued pursuant to the statute rather than the statute itself’
How later courts described this case
- finding that “proof of discriminatory effect suffices to establish liability when the suit is brought to enforce regulations issued pursuant to the statute rather than the statute itself’
- explaining that § 2281 “was repealed in 1976”
- In class action brought by minority children, alleging school district’s use of IQ tests to place certain students in class for the educable mentally retarded had disparate impact on minority children in violation of Department of Health, Education and Welfare Title VI implementing regulations, the Ninth Circuit cited Guardians and stated that “given appellees’ reliance on the [Title VI implementing] regulations, we find it appropriate to apply a discriminatory effect analysis.”
- “In the Title VI disproportionate impact claim in the educational situation, the defendants must therefore show that any given requirement has a manifest relationship to the education in question, i.e., that the IQ tests are required by educational necessity.”
Written by the judges who cited it.
The opinion
SKOPIL, Circuit Judge,
concurring in part, dissenting in part:
I concur except for that part of the opinion reversing the district court’s finding of a federal constitutional violation. I believe that it is unnecessary to reach that issue.
The lower court was compelled to address appellees’ federal constitutional claims only because of the uncertainty of the judicial interpretations of Title VI. Larry P., 495 F.Supp. at 974. We now have the benefit of the Supreme Court’s decision in Guardians Association v. Civil Service Commission of New York, 463 U.S. 582 , 103 S.Ct. 3221 , 77 L.Ed.2d 866 (1983). I would affirm on the statutory grounds and decline to reach the federal constitutional allegations. See Hagans v. Lavine, 415 U.S. 528, 547 , 94 S.Ct. 1372, 1384 , 39 L.Ed.2d 577 (1974) (federal court should not decide federal constitutional questions where a dispositive nonconstitu-tional ground is available).