Bakersfield City School District of Kern County v. Ernest Boyer, Bakersfield City School District v. Ernest Boyer

In No. 77-2625, the plaintiff Bakersfield City School District appeals from a district court judgment dismissing its action for failure to exhaust administrative remedies in an administrative proceeding under Title VI of the Civil Rights Act of 1964. In No. 78-1459, the District appeals from a post judgment Protective Order. We affirm both the judgment and the order.

I. Facts.

In June, 1975, administrative proceedings were begun by the Department of Health, Education and Welfare’s Office of Civil Rights (the Department) against the District. The Department alleged that the District was violating Title VI of the Civil Rights Act of 1964. The Department’s position was that the substantially disproportionate racial composition of the student body in some of the District’s schools supported an inference that the District was employing discriminatory practices and was not implementing available programs effectively. The Department concluded that voluntary compliance with Title VI could not be achieved. The District was notified on June 2, 1975, that payment of federal funds not yet approved was “deferred” pending the outcome of the proceedings. The District had applied for…