University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. City of New York (Lafayette High School) ED-NY-0011
Docket / Court 1:04-cv-02248-CBA-VVP ( E.D.N.Y. )
State/Territory New York
Case Type(s) Education
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On June 1, 2004, The U.S. Department of Justice filed this federal lawsuit under Section 211 of Equal Education Opportunities Act and Section 407 of the Civil Rights Act of 1964 against the City of New York, in the U.S. District Court for the Eastern District of New York. The Justice Department ( ... read more >
On June 1, 2004, The U.S. Department of Justice filed this federal lawsuit under Section 211 of Equal Education Opportunities Act and Section 407 of the Civil Rights Act of 1964 against the City of New York, in the U.S. District Court for the Eastern District of New York. The Justice Department (the U.S. Attorneys Office and Civil Rights Division) filed its complaint and a settlement agreement simultaneously. The complaint alleged that there had been peer-on-peer harassment of Asian students and insufficient English Language Learner (ELL) programs to overcome language barriers. Specifically, the plaintiff claimed that some students harassed Asian students based on their race and national origin and that Asian students who spoke English as a second language did not have equal access to educational opportunities because they could not understand English at the same level as their peers. Accordingly, the lawsuit sought an injunction against the City's failure to take appropriate action to help ELL students overcome language barriers that impeded their equal participation in the school's instructional programs.

The Consent Decree was formally approved on June 22, 2004 and was set to last until August 30, 2007. This Consent Decree required defendants to develop a compliance and monitoring plan. Under its terms, the City agreed to change the ELL program to ensure students were placed in the appropriate classes and to increase the quality of the program itself. The defendants were also required to create a policy to prevent student-on-student harassment. The City filed the required compliance plan on October 15, 2004.

On August 23, 2005, the District Court (Judge Carol B. Amon) agreed to a stipulated extension of the Decree's bilingual and ELL provisions for one year beyond the Consent Decree's original sunset date, till August 30, 2008.

Nothing additional appears in the docket.

Sarah Fries - 02/20/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Goals and Timekeeping
Monitoring
Recordkeeping
Reporting
Student assignment
Defendant-type
Elementary/Secondary School
Discrimination-basis
Language discrimination
National origin discrimination
General
Language/ethnic/minority needs
Language
Chinese
Vietnamese
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
Asian/Pacific Islander
Type of Facility
Government-run
Causes of Action Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Defendant(s) City of New York
Plaintiff Description The U.S. Department of Justice, on behalf of Asian students at Lafayette High School in New York City
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - 2008
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

Links Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance
http://www2.ed.gov/about/offices/list/ocr/index.html
Posted: Sep. 17, 2008
By: United States Department of Education—Office of Civil Rights (U.S. Department of Justice)
[ Detail ] [ External Link ]

Docket(s)
No. 04-2248 (E.D.N.Y.) 08/25/2005
ED-NY-0011-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/02/2004
ED-NY-0011-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 06/22/2004 (E.D.N.Y.)
ED-NY-0011-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Lafayette High School Compliance Plan 10/15/2004
ED-NY-0011-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order 08/23/2005 (E.D.N.Y.)
ED-NY-0011-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Amon, Carol Bagley (E.D.N.Y.) [Magistrate]
ED-NY-0011-0002 | ED-NY-0011-0003 | ED-NY-0011-9000
Monitors/Masters None on record
Plaintiff's Lawyers Acosta, R. Alexander (District of Columbia)
ED-NY-0011-0001 | ED-NY-0011-0002
Caspar, Edward G. (District of Columbia)
ED-NY-0011-0001 | ED-NY-0011-0002 | ED-NY-0011-0003 | ED-NY-0011-0004
Chen, Pamela K. (District of Columbia)
ED-NY-0011-0001 | ED-NY-0011-0002 | ED-NY-0011-0003 | ED-NY-0011-0004 | ED-NY-0011-9000
Glassman, Jeremiah (District of Columbia)
ED-NY-0011-0001
Guzman, Javier M (District of Columbia)
ED-NY-0011-0001 | ED-NY-0011-0003
Mansukhani, Sunil H (District of Columbia)
ED-NY-0011-0001
Mauskopf, Roslynn Renee (New York)
ED-NY-0011-0001 | ED-NY-0011-0002 | ED-NY-0011-0003
Schlozman, Bradley (District of Columbia)
ED-NY-0011-0003
Defendant's Lawyers Cardozo, Michael A. (New York)
ED-NY-0011-0002 | ED-NY-0011-0003 | ED-NY-0011-0004
Crotty, Teresa (New York)
ED-NY-0011-0002
Grumet, Lisa Fleming (New York)
ED-NY-0011-0002 | ED-NY-0011-0004 | ED-NY-0011-9000
Sweet, Emily (New York)
ED-NY-0011-9000
Other Lawyers None on record

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