The Equal Educational Opportunities Act of 1974 (EEOA), 20 U.S.C. §§ 1701 to 1758, authorizes the Attorney General to institute public school desegregation suits against local and state education agencies. Local education agencies include public schools and school districts. State education agencies include state departments and boards of education. The segregative acts of state and local education agencies that deny students equal educational opportunity are specifically described in the EEOA, 20 U.S.C. §§ 1703(a) to (e). In addition, the Attorney General may file a civil action on behalf of any individual denied equal educational opportunity when state or local education agencies fail to take appropriate action to overcome language barriers, 20 U.S.C. § 1703(f).

When a United States Attorney’s Office receives a complaint or other information suggesting a potential EEOA violation, that office should forward the complaint or other information to the Educational Opportunities Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Educational Opportunities Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[updated December 2022]