University Daily Kansan / Tuesday. November 19. 1991
9
Court dismisses case challenging minority scholarships
The Associated Press
WASHINGTON—A federal judge dismissed a lawsuit brought by seven white college students seeking to force the government to bar students from institutions from giving minority scholarships.
The Department of Education should be allowed to complete a review of its policy on minority scholarships without court interfereer, and that the department Spork said in a ruling released yesterday.
"A court should not step in prematurely and make the agency's decision for it," Sporkin said.
Education Secretary Lamar Alexander said last week that he planned to announce a decision on the controversial issue by next week. He refused to say whether he would allow schools to use public funds for minority scholarships, and he predicted the issue would be decided by the Supreme Court.
The seven students, who were represented by the Washington Legal Foundation, said minority scholarships violated the 1964 Civil Rights Act, which forbids awarding financial aid "based solely on the race of the recipient."
The lawsuit challenged the legality of scholarships available only to African-American, Hispanic-American and Native American students. Such scholarships make less money available to non-minority students, the students said.
However, Sporkin said any discrimination lawsuits should bebrought against the colleges involved, not against the Department of Education.
The Department of Education sparked a storm of controversy in December 1990 when it advised promoters of the Fiesta Bow that it would be illegal to set aside money for minority scholarships. The department later modified its ruling to let tax-supported colleges offer minority scholarships as long as they were financed with earmarked private donations.
The department gave institutions four years to comply with the policy, which could be modified again when Alexander announces the results of his review.
"This case presents the clash of two important societal principles - 'race neutrality' versus programs designed to provide equal educational opportunity to a segment of our citizenry that has suffered past discrimination," Sporkin wrote.
Requiring the Department of Education to use a "race neutral" standard for scholarships "might well have the effect of depriving disadvantaged citizens of the opportunity to obtain the education necessary to achieve true equality," the judge said.
However, Richard A. Samp, chief counsel for the Washington Legal Foundation, said yesterday the Department of Education had been "providing federal funding to schools that
engage in racial discrimination."
Samp said the plantiffs did not object to considering race as one factor in an effort to promote diversity in higher education.
"What we find most objectionable are those programs that set up quotas," Samp said.
He said that his organization had brought one individual lawsuit against the University of Maryland on behalf of a Hispanic-American student who was objecting to a scholarship open only to African-Americans.
But he said that his group wanted the Department of Education to be forbidden from supporting such policies. Samp said an appeal of yesterday's ruling was likely.
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