Idaho Migrant Council v. Board of Education

Good Law
647 F.2d 69·1981 U.S. App. LEXIS 12592
United States Court of Appeals for the Ninth CircuitJune 5, 198179-4660California948 words

Opinion

Opinion

Hug, J.

Appellant Idaho Migrant Council (Council), a non-profit corporation representing Idaho public school students with limited English language proficiency, filed suit against the Idaho State Department of Education, the State Board of Education, and the Superintendent of Public Instruction (hereinafter referred to collectively as “State Agency”), seeking declaratory and injunctive relief, asserting that the State Agency is in violation of federal law because it has failed to exercise its supervisory powers over local school districts to ensure that appellants receive an equal educational opportunity. The district court granted summary judgment for the State Agency, on the basis that under Idaho State law the State Agency is not empowered to supervise compliance with federal law by the local school districts. Because we conclude that Idaho law does empower the State Agency to supervise the local school districts, and that federal law does impose such an obligation, we reverse.

The Council asserts that it is the responsibility of the State Agency, pursuant to the Equal Educational Opportunities Act of 1974, 20 U.S.C. § 1703 (f), Title VI of the Civil Rights Act of 1964, 42 U.S.C. §…

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