Robinson v. Kansas

No. 00-3315, 00-3332 (10th Cir. July 9, 2002) ; Clearinghouse Number: 54805

Description

Kansas State Officials Are Not Immune from Suit Challenging State’s School Financing Scheme

Abstract

The Tenth Circuit has held that the Ex parte Young doctrine is applicable to permit suit against state officials pursuant to section 1983 for alleged violations of Title VI and the Fourteenth Amendment. Plaintiffs contend the Kansas state school financing system, through a provision for "low enrollment weighting" and "local option budgets," results in less funding per pupil in schools where minority students, students who are not of United States origin, and students with disabilities are disproportionately enrolled. Plaintiffs contend that the School District Finance and Quality Performance Act, Kan. Stat. Ann. §§ 72-6405 to -6440 has a discriminatory disparate impact on such students in violation of the implementing regulations of Title VI of the 1964 Civil Rights Act, 42 U.S.C. § 2000d-1, the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq., and plaintiffs' rights to due process and equal protection under the Fourteenth Amendment. Defendants contended that plaintiffs’ suit is barred by the Eleventh Amendment. Defendants maintained that Congress did not abrogate their Eleventh Amendment immunity, that they did not waive such immunity, and that the relief sought against state officials named as defendants does not fall under the Ex Parte Young doctrine. The district court denied defendants’ motion to dismiss, and they appealed. Affirming, the court of appeals held that, by accepting federal financial assistance as specified in 42 U.S.C. § 2000d-7, states and state entities waive sovereign immunity from suit. Finding that defendants are not protected by the Eleventh Amendment, pursuant to the Ex parte Young doctrine, the court affirmed the district court’s order denying defendants’ motion to dismiss.

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Docket Date
2002-07-09 00:00:00+00:00

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