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B-164031(1) 1 (1972-08-29)

handle is hein.gao/gaobaaghr0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE W WASHINGTON. D.C. 2 B-164031(1) LM096461 AUQ A 9 Dear Mr. Hogan: In accordance with your letter of November 3, 1971, and later agreements reached with your office, the General Ac- counting Office reviewed the formal enforcement procedures of the Department of Health, Educati6n, and Welfare (HEW) under title VI of the Civil Rights Act of 1964 (42 U.S.C72000d- 200-Od-4) and the provisions of the Emergency School Assist- ance Program (ESAP) applicable to discrimination. We selected a sample from those school districts which had had title VI and ESAP administrative proceedings insti- tuted against them and reviewed the case files to determine whether HEW had applied its procedures on a consistent and uniform basis in carrying out its actions. We did not, how- ever, make any judgments as to the merits of the cases reviewed. We also examined into the adequacy of the coordi- nation between the HEW Office for Civil Rights (OCR), which is responsible for the title VI compliance program, and the HEW Office of Education (OE), which is responsible for ad- ministering ESAP. On the basis of the cases reviewed, we believe that HEW generally has complied with applicable laws and its regula- tions, policies, and procedures in administering formal enforcement proceedings under title VI and under ESAP. We believe also that adequate procedures exist for coordination between OCR and OE in title VI and ESAP administrative pro- ceedings. BACKGROUND Provisions under title VI Title VI of the Civil Rights Act of 1964 states that no person in the United States shall be excluded from participa- tion in, be denied the benefits of, or be subjected to dis- crimination under, any federally assisted program or activity on the basis of race, color, or national origin. The act authorizes and directs each Federal department and agency which is empowered to extend--by way of grant, loan, or con- tract, other than a contract of insurance or guaranty-- / // 1___

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