United States v. Phoenix Union High School District Patrick Henderson Mary K. Carr v. A. Dunham, Jr. Georgie Goode Don Kennedy and Mary Price

The Phoenix Union High School District appeals an order of summary judgment entered in favor of the United States. The United States Department of Education Office for Civil Rights sought certain minutes from the School District Governing Board’s executive session meetings as part of its investigation to determine whether the School District was complying with Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. (1976 & Supp. III 1979), which prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving federal financial assistance. The investigation focused on the School District’s policies and practices of assigning students to and within its schools.

Following several unsuccessful efforts at voluntary compliance with its request to inspect the school district’s minutes, the De partment of Education brought this action to compel disclosure.

The district court granted summary judgment for the United States and ordered the School District to permit access to minutes after January 4, 1961 that were relevant and not protected by the attorney-client privilege. The court prohibited the Department of Education from…