After a thorough review of the record before the Court, plaintiffs' memorandum in support of their motion and defendants' opposition thereto, it is the opinion of the Court that the defendants, in certain instances complained of by the plaintiffs, have failed to fulfill their duties and obligations under Title VI and the plaintiffs are entitled to partial summary judgment. The following are the specific findings of fact and conclusions of law.
I. FINDINGS OF FACT
1. Between May 1968 and January 1975, HEW initiated investigations of 14 Northern-Western school districts under Title VI which have not been brought to a conclusion and which still remain pending as ongoing investigations. (Appendix A). These investigations range from a period of one and one-half to eight years in duration.
2. These fourteen school districts under investigation have received and continue to receive substantial federal assistance from HEW.
3. To date HEW has initiated no enforcement proceedings against these fourteen districts, nor has HEW notified them whether or not they are in compliance with Title VI.
4. Between May 1968 and January 1975 HEW initiated investigations of 26 Northern-Western school districts under Title VI, with investigations pending as long as seven years in duration before being concluded. (Appendix B).
5. Between March of 1973 and March 1975, these twenty-six school districts received notification that they were in violation of Title VI.
6. These twenty-six school districts have received and continue to receive substantial federal assistance from HEW.
7. To date HEW has not achieved voluntary compliance with Title VI in these districts nor has HEW initiated enforcement proceedings against these districts.
8. In the Spring of 1973, HEW declared that six Northern-Western school districts were ineligible for assistance under the Emergency School Aid Act of 1972 (ESAA) either because of their assignment of faculties on the basis of race or due to substantial civil rights violations. (Appendix C).
9. The six schools declared by HEW to be ineligible for ESAA assistance have received and continue to receive substantial federal assistance from HEW under other aid statutes.
10. In September and October of 1975, HEW notified five of these six districts that, in addition to the civil rights violations which rendered them ineligible for ESAA assistance, they were in violation of Title VI. An investigation into whether the sixth school district, Los Angeles, California, is in violation of Title VI is still pending.
11. HEW, to date, has failed to secure a cessation of the discriminatory practices of these school districts through voluntary compliance and has not initiated any Title VI enforcement proceedings against these districts.
12. Of the eighteen remaining school districts cited by the plaintiffs in their Verified Second Amended Complaint, none is any longer at issue here since they have been resolved either by the initiation of enforcement proceedings, by an investigative finding of compliance, by the implementation of court ordered desegregation, by the institution of civil litigation, or by the acceptance and monitoring by HEW of a voluntary compliance plan.
II. CONCLUSIONS OF LAW
The issue presently before the Court is whether, by failing to conclude protracted investigations of certain Northern-Western school districts to determine whether they are in compliance with Title VI and by failing to initiate enforcement proceedings against certain other Northern-Western school districts, defendants have failed to fulfill their statutory duties and responsibilities under Title VI of the Civil Rights Act of 1964, as amended.
This Court is of the opinion that the defendants have failed in their duties under both Title VI and their own regulations.
Title VI of the Civil Rights Act, section 2000d, provides that:
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
Further, Congress directed that federal agencies, such as HEW, are to effectuate the provisions of § 2000d by stating in § 2000d-1 that:
Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan or contract . . . is authorized and directed to effectuate the provisions of section 2000d of this title with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. . . . Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination or the refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for a hearing, of a failure to comply with such requirement, . . . or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. . . . (42 U.S.C. § 2000d-1).