US (United States) Code. Title 20. Chapter 39: Equal educational opportunities and trasportation of students

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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  • País: Estados Unidos Estados Unidos
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publicidad

-CITE-

20 USC CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND

TRANSPORTATION OF STUDENTS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

.

-HEAD-

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

-MISC1-

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

PART 1 - POLICY AND PURPOSE

Sec.

1701. Congressional declaration of policy.

(a) Entitlement to equal educational opportunity;

neighborhood as appropriate basis.

(b) Purpose.

1702. Congressional findings.

(a) Dual school systems as denial of equal

protection; depletion of financial resources of

local educational agencies; transportation of

students; inadequacy of guidelines.

(b) Necessity of Congress to specify appropriate

remedies for elimination of dual school

systems.

PART 2 - UNLAWFUL PRACTICES

1703. Denial of equal educational opportunity prohibited.

1704. Balance not required.

1705. Assignment on neighborhood basis not a denial of equal

educational opportunity.

PART 3 - ENFORCEMENT

1706. Civil actions by individuals denied equal educational

opportunities or by Attorney General.

1707. Population changes without effect, per se, on school

population changes.

1708. Jurisdiction of district courts.

1709. Intervention by Attorney General.

1710. Civil actions by Attorney General; notice of violations;

certification respecting undertaking appropriate remedial action.

PART 4 - REMEDIES

1712. Formulating remedies; applicability.

1713. Priority of remedies.

1714. Transportation of students.

(a) Limitation to school closest or next closest to

place of residence.

(b) Health risks; impingement on educational process.

(c) School population changes resulting from

population changes.

1715. District lines.

1716. Voluntary adoption of remedies.

1717. Reopening proceedings.

1718. Limitation on court orders; termination of orders conditioned

upon compliance with fifth and fourteenth amendments; statement

of basis for termination orders; stay of termination orders.

PART 5 - DEFINITIONS

1720. Definitions.

PART 6 - MISCELLANEOUS PROVISIONS

1721. Separability.

SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF STUDENTS

1751. Prohibition against assignment or transportation of students

to overcome racial imbalance.

1752. Appeals from Federal district court transfer or

transportation orders affecting school attendance areas and

achieving balancing of students; postponement of Federal court

orders pending exercise of appellate remedy; expiration of

section.

1753. Uniform rules of evidence requirement.

1754. Provisions respecting transportation of pupils to achieve

racial balance and judicial power to insure compliance with

constitutional standards applicable to the entire United States.

1755. Additional priority of remedies after finding of de jure

segregation.

1756. Remedies with respect to school district lines.

1757. Prohibition of forced busing during school year.

(a) Congressional findings.

(b) Student transportation orders incidental to

student transfers pursuant to school

desegregation plans effective beginning with

academic school year.

(c) ''Academic school year'' defined.

(d) Orders subject to provisions of section.

1758. Reasonable time for developing voluntary school desegregation

plans following detailed notice of violations.

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20 USC SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

.

-HEAD-

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

-CITE-

20 USC Part 1 - Policy and Purpose 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 1 - Policy and Purpose

.

-HEAD-

Part 1 - Policy and Purpose

-CITE-

20 USC Sec. 1701 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 1 - Policy and Purpose

-HEAD-

Sec. 1701. Congressional declaration of policy

-STATUTE-

(a) Entitlement to equal educational opportunity; neighborhood as

appropriate basis

The Congress declares it to be the policy of the United States

that -

(1) all children enrolled in public schools are entitled to

equal educational opportunity without regard to race, color, sex,

or national origin; and

(2) the neighborhood is the appropriate basis for determining

public school assignments.

(b) Purpose

In order to carry out this policy, it is the purpose of this

subchapter to specify appropriate remedies for the orderly removal

of the vestiges of the dual school system.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 202, Aug. 21, 1974, 88 Stat. 514.)

-MISC1-

EFFECTIVE DATE

Chapter effective on and after sixtieth day after Aug. 21, 1974,

see section 2(c) of Pub. L. 93-380, set out as a note under section

1221-1 of this title.

SHORT TITLE

Section 201 of title II of Pub. L. 93-380 provided that: ''This

title (enacting this chapter and section 1228 of this title and

amending section 1608 of this title) may be cited as the 'Equal

Educational Opportunities Act of 1974'.''

-CITE-

20 USC Sec. 1702 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 1 - Policy and Purpose

-HEAD-

Sec. 1702. Congressional findings

-STATUTE-

(a) Dual school systems as denial of equal protection; depletion of

financial resources of local educational agencies;

transportation of students; inadequacy of guidelines

The Congress finds that -

(1) the maintenance of dual school systems in which students

are assigned to schools solely on the basis of race, color, sex,

or national origin denies to those students the equal protection

of the laws guaranteed by the fourteenth amendment;

(2) for the purpose of abolishing dual school systems and

eliminating the vestiges thereof, many local educational agencies

have been required to reorganize their school systems, to

reassign students, and to engage in the extensive transportation

of students;

(3) the implementation of desegregation plans that require

extensive student transportation has, in many cases, required

local educational agencies to expend large amounts of funds,

thereby depleting their financial resources available for the

maintenance or improvement of the quality of educational

facilities and instruction provided;

(4) transportation of students which creates serious risks to

their health and safety, disrupts the educational process carried

out with respect to such students, and impinges significantly on

their educational opportunity, is excessive;

(5) the risks and harms created by excessive transportation are

particularly great for children enrolled in the first six grades;

and

(6) the guidelines provided by the courts for fashioning

remedies to dismantle dual school systems have been, as the

Supreme Court of the United States has said, ''incomplete and

imperfect,'' and have not established, a clear, rational, and

uniform standard for determining the extent to which a local

educational agency is required to reassign and transport its

students in order to eliminate the vestiges of a dual school

system.

(b) Necessity of Congress to specify appropriate remedies for

elimination of dual school systems

For the foregoing reasons, it is necessary and proper that the

Congress, pursuant to the powers granted to it by the Constitution

of the United States, specify appropriate remedies for the

elimination of the vestiges of dual school systems, except that the

provisions of this chapter are not intended to modify or diminish

the authority of the courts of the United States to enforce fully

the fifth and fourteenth amendments to the Constitution of the

United States.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 203, Aug. 21, 1974, 88 Stat. 514.)

-CITE-

20 USC Part 2 - Unlawful Practices 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 2 - Unlawful Practices

.

-HEAD-

Part 2 - Unlawful Practices

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1710 of this title.

-CITE-

20 USC Sec. 1703 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 2 - Unlawful Practices

-HEAD-

Sec. 1703. Denial of equal educational opportunity prohibited

-STATUTE-

No State shall deny equal educational opportunity to an

individual on account of his or her race, color, sex, or national

origin, by -

(a) the deliberate segregation by an educational agency of

students on the basis of race, color, or national origin among or

within schools;

(b) the failure of an educational agency which has formerly

practiced such deliberate segregation to take affirmative steps,

consistent with part 4 of this subchapter, to remove the vestiges

of a dual school system;

(c) the assignment by an educational agency of a student to a

school, other than the one closest to his or her place of

residence within the school district in which he or she resides,

if the assignment results in a greater degree of segregation of

students on the basis of race, color, sex, or national origin

among the schools of such agency than would result if such

student were assigned to the school closest to his or her place

of residence within the school district of such agency providing

the appropriate grade level and type of education for such

student;

(d) discrimination by an educational agency on the basis of

race, color, or national origin in the employment, employment

conditions, or assignment to schools of its faculty or staff,

except to fulfill the purposes of subsection (f) below;

(e) the transfer by an educational agency, whether voluntary or

otherwise, of a student from one school to another if the purpose

and effect of such transfer is to increase segregation of

students on the basis of race, color, or national origin among

the schools of such agency; or

(f) the failure by an educational agency to take appropriate

action to overcome language barriers that impede equal

participation by its students in its instructional programs.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 204, Aug. 21, 1974, 88 Stat. 515.)

-CITE-

20 USC Sec. 1704 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 2 - Unlawful Practices

-HEAD-

Sec. 1704. Balance not required

-STATUTE-

The failure of an educational agency to attain a balance, on the

basis of race, color, sex, or national origin, of students among

its schools shall not constitute a denial of equal educational

opportunity, or equal protection of the laws.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 205, Aug. 21, 1974, 88 Stat. 515.)

-CITE-

20 USC Sec. 1705 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 2 - Unlawful Practices

-HEAD-

Sec. 1705. Assignment on neighborhood basis not a denial of equal

educational opportunity

-STATUTE-

Subject to the other provisions of this subchapter, the

assignment by an educational agency of a student to the school

nearest his place of residence which provides the appropriate grade

level and type of education for such student is not a denial of

equal educational opportunity or of equal protection of the laws

unless such assignment is for the purpose of segregating students

on the basis of race, color, sex, or national origin, or the school

to which such student is assigned was located on its site for the

purpose of segregating students on such basis.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 206, Aug. 21, 1974, 88 Stat. 515.)

-CITE-

20 USC Part 3 - Enforcement 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 3 - Enforcement

.

-HEAD-

Part 3 - Enforcement

-CITE-

20 USC Sec. 1706 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 3 - Enforcement

-HEAD-

Sec. 1706. Civil actions by individuals denied equal educational

opportunities or by Attorney General

-STATUTE-

An individual denied an equal educational opportunity, as defined

by this subchapter may institute a civil action in an appropriate

district court of the United States against such parties, and for

such relief, as may be appropriate. The Attorney General of the

United States (hereinafter in this chapter referred to as the

''Attorney General''), for or in the name of the United States, may

also institute such a civil action on behalf of such an individual.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 207, Aug. 21, 1974, 88 Stat. 516.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1708, 1709, 1710 of this

title.

-CITE-

20 USC Sec. 1707 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 3 - Enforcement

-HEAD-

Sec. 1707. Population changes without effect, per se, on school

population changes

-STATUTE-

When a court of competent jurisdiction determines that a school

system is desegregated, or that it meets the constitutional

requirements, or that it is a unitary system, or that it has no

vestiges of a dual system, and thereafter residential shifts in

population occur which result in school population changes in any

school within such a desegregated school system, such school

population changes so occurring shall not, per se, constitute a

cause for civil action for a new plan of desegregation or for

modification of the court approved plan.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 208, Aug. 21, 1974, 88 Stat. 516.)

-CITE-

20 USC Sec. 1708 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 3 - Enforcement

-HEAD-

Sec. 1708. Jurisdiction of district courts

-STATUTE-

The appropriate district court of the United States shall have

and exercise jurisdiction of proceedings instituted under section

1706 of this title.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 209, Aug. 21, 1974, 88 Stat. 516.)

-CITE-

20 USC Sec. 1709 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 3 - Enforcement

-HEAD-

Sec. 1709. Intervention by Attorney General

-STATUTE-

Whenever a civil action is instituted under section 1706 of this

title by an individual, the Attorney General may intervene in such

action upon timely application.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 210, Aug. 21, 1974, 88 Stat. 516.)

-CITE-

20 USC Sec. 1710 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 3 - Enforcement

-HEAD-

Sec. 1710. Civil actions by Attorney General; notice of violations;

certification respecting undertaking appropriate remedial

action

-STATUTE-

The Attorney General shall not institute a civil action under

section 1706 of this title before he -

(a) gives to the appropriate educational agency notice of the

condition or conditions which, in his judgment, constitute a

violation of part 2 of this subchapter; and

(b) certifies to the appropriate district court of the United

States that he is satisfied that such educational agency has not,

within a reasonable time after such notice, undertaken

appropriate remedial action.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 211, Aug. 21, 1974, 88 Stat. 516.)

-CITE-

20 USC Part 4 - Remedies 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 4 - Remedies

.

-HEAD-

Part 4 - Remedies

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1703 of this title.

-CITE-

20 USC Sec. 1712 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 4 - Remedies

-HEAD-

Sec. 1712. Formulating remedies; applicability

-STATUTE-

In formulating a remedy for a denial of equal educational

opportunity or a denial of the equal protection of the laws, a

court, department, or agency of the United States shall seek or

impose only such remedies as are essential to correct particular

denials of equal educational opportunity or equal protection of the

laws.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 213, Aug. 21, 1974, 88 Stat. 516.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1715 of this title.

-CITE-

20 USC Sec. 1713 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 4 - Remedies

-HEAD-

Sec. 1713. Priority of remedies

-STATUTE-

In formulating a remedy for a denial of equal educational

opportunity or a denial of the equal protection of the laws, which

may involve directly or indirectly the transportation of students,

a court, department, or agency of the United States shall consider

and make specific findings on the efficacy in correcting such

denial of the following remedies and shall require implementation

of the first of the remedies set out below, or of the first

combination thereof which would remedy such denial:

(a) assigning students to the schools closest to their places

of residence which provide the appropriate grade level and type

of education for such students, taking into account school

capacities and natural physical barriers;

(b) assigning students to the schools closest to their places

of residence which provide the appropriate grade level and type

of education for such students, taking into account only school

capacities;

(c) permitting students to transfer from a school in which a

majority of the students are of their race, color, or national

origin to a school in which a minority of the students are of

their race, color, or national origin;

(d) the creation or revision of attendance zones or grade

structures without requiring transportation beyond that described

in section 1714 of this title;

(e) the construction of new schools or the closing of inferior

schools;

(f) the construction or establishment of magnet schools; or

(g) the development and implementation of any other plan which

is educationally sound and administratively feasible, subject to

the provisions of sections 1714 and 1715 of this title.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 214, Aug. 21, 1974, 88 Stat. 517.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1714, 1715 of this title.

-CITE-

20 USC Sec. 1714 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 4 - Remedies

-HEAD-

Sec. 1714. Transportation of students

-STATUTE-

(a) Limitation to school closest or next closest to place of

residence

No court, department, or agency of the United States shall,

pursuant to section 1713 of this title, order the implementation of

a plan that would require the transportation of any student to a

school other than the school closest or next closest to his place

of residence which provides the appropriate grade level and type of

education for such student.

(b) Health risks; impingement on educational process

No court, department, or agency of the United States shall

require directly or indirectly the transportation of any student if

such transportation poses a risk to the health of such student or

constitutes a significant impingement on the educational process

with respect to such student.

(c) School population changes resulting from population changes

When a court of competent jurisdiction determines that a school

system is desegregated, or that it meets the constitutional

requirements, or that it is a unitary system, or that it has no

vestiges of a dual system, and thereafter residential shifts in

population occur which result in school population changes in any

school within such a desegregated school system, no educational

agency because of such shifts shall be required by any court,

department, or agency of the United States to formulate, or

implement any new desegregation plan, or modify or implement any

modification of the court approved desegregation plan, which would

require transportation of students to compensate wholly or in part

for such shifts in school population so occurring.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 215, Aug. 21, 1974, 88 Stat. 517.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1713 of this title.

-CITE-

20 USC Sec. 1715 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 4 - Remedies

-HEAD-

Sec. 1715. District lines

-STATUTE-

In the formulation of remedies under section 1712 or 1713 of this

title the lines drawn by a State, subdividing its territory into

separate school districts, shall not be ignored or altered except

where it is established that the lines were drawn for the purpose,

and had the effect, of segregating children among public schools on

the basis of race, color, sex, or national origin.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 216, Aug. 21, 1974, 88 Stat. 518.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1713 of this title.

-CITE-

20 USC Sec. 1716 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 4 - Remedies

-HEAD-

Sec. 1716. Voluntary adoption of remedies

-STATUTE-

Nothing in this subchapter prohibits an educational agency from

proposing, adopting, requiring, or implementing any plan of

desegregation, otherwise lawful, that is at variance with the

standards set out in this subchapter nor shall any court,

department, or agency of the United States be prohibited from

approving implementation of a plan which goes beyond what can be

required under this subchapter, if such plan is voluntarily

proposed by the appropriate educational agency.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 217, Aug. 21, 1974, 88 Stat. 518.)

-CITE-

20 USC Sec. 1717 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 4 - Remedies

-HEAD-

Sec. 1717. Reopening proceedings

-STATUTE-

A parent or guardian of a child, or parents or guardians of

children similarly situated, transported to a public school in

accordance with a court order, or an educational agency subject to

a court order or a desegregation plan under title VI of the Civil

Rights Act of 1964 (42 U.S.C. 2000d et seq.) in effect on August

21, 1974, and intended to end segregation of students on the basis

of race, color, or national origin, may seek to reopen or intervene

in the further implementation of such court order, currently in

effect, if the time or distance of travel is so great as to risk

the health of the student or significantly impinge on his or her

educational process.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 218, Aug. 21, 1974, 88 Stat. 518.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in text, is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Civil Rights Act of 1964 is classified generally to subchapter V

(Sec. 2000d et seq.) of chapter 21 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 2000a of Title 42 and

Tables.

-CITE-

20 USC Sec. 1718 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 4 - Remedies

-HEAD-

Sec. 1718. Limitation on court orders; termination of orders

conditioned upon compliance with fifth and fourteenth

amendments; statement of basis for termination orders; stay of

termination orders

-STATUTE-

Any court order requiring, directly or indirectly, the

transportation of students for the purpose of remedying a denial of

the equal protection of the laws may, to the extent of such

transportation, be terminated if the court finds the defendant

educational agency has satisfied the requirements of the fifth or

fourteenth amendments to the Constitution, whichever is applicable,

and will continue to be in compliance with the requirements

thereof. The court of initial jurisdiction shall state in its

order the basis for any decision to terminate an order pursuant to

this section, and the termination of any order pursuant to this

section shall be stayed pending a final appeal or, in the event no

appeal is taken, until the time for any such appeal has expired.

No additional order requiring such educational agency to transport

students for such purpose shall be entered unless such agency is

found not to have satisfied the requirements of the fifth or

fourteenth amendments to the Constitution, whichever is applicable.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 219, Aug. 21, 1974, 88 Stat. 518.)

-CITE-

20 USC Part 5 - Definitions 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 5 - Definitions

.

-HEAD-

Part 5 - Definitions

-CITE-

20 USC Sec. 1720 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 5 - Definitions

-HEAD-

Sec. 1720. Definitions

-STATUTE-

For the purposes of this subchapter -

(a) The term ''educational agency'' means a local educational

agency or a ''State educational agency'' as defined by section

801(k) (FOOTNOTE 1) of the Elementary and Secondary Education Act

of 1965.

(FOOTNOTE 1) See References in Text note below.

(b) The term ''local educational agency'' means a local

educational agency as defined by section 801(f) (FOOTNOTE 1) of the

Elementary and Secondary Education Act of 1965.

(c) The term ''segregation'' means the operation of a school

system in which students are wholly or substantially separated

among the schools of an educational agency on the basis of race,

color, sex, or national origin or within a school on the basis of

race, color, or national origin.

(d) The term ''desegregation'' means desegregation as defined by

section 2000c(b) of title 42.

(e) An educational agency shall be deemed to transport a student

if any part of the cost of such student's transportation is paid by

such agency.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 221, Aug. 21, 1974, 88 Stat. 518.)

-REFTEXT-

REFERENCES IN TEXT

Section 801 of the Elementary and Secondary Education Act of

1965, referred to in subsecs. (a) and (b), is section 801, title

VIII, of Pub. L. 89-10, which was formerly classified to section

881 of this title. Section 801 of that Act was renumbered section

1001 of title X by Pub. L. 95-561, title VIII, Sec. 801(1), (2),

Nov. 1, 1978, 92 Stat. 2284, and was reclassified to section 3381

of this title. Section 1001 was subsequently renumbered section

8001 and amended generally by Pub. L. 100-297, title I, Sec. 1002,

Apr. 28, 1988, 102 Stat. 293, and, as so amended, did not contain

subsections or specific definitions. Section 8001 was subsequently

omitted in the general amendment of Pub. L. 89-10 by Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519. For

definitions, see section 7801 of this title.

-CITE-

20 USC Part 6 - Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 6 - Miscellaneous Provisions

.

-HEAD-

Part 6 - Miscellaneous Provisions

-CITE-

20 USC Sec. 1721 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES

Part 6 - Miscellaneous Provisions

-HEAD-

Sec. 1721. Separability

-STATUTE-

If any provision of this subchapter or of any amendment made by

this subchapter, or the application of any such provision to any

person or circumstance, is held invalid, the remainder of the

provisions of this subchapter and of the amendments made by this

subchapter and the application of such provision to other persons

or circumstances shall not be affected thereby.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 223, Aug. 21, 1974, 88 Stat. 519.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ''this

part'', meaning part A of title II of Pub. L. 93-380, Aug. 21,

1974, 88 Stat. 519, which is classified generally to this

subchapter.

-CITE-

20 USC SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF

STUDENTS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF STUDENTS

.

-HEAD-

SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF STUDENTS

-CITE-

20 USC Sec. 1751 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF STUDENTS

-HEAD-

Sec. 1751. Prohibition against assignment or transportation of

students to overcome racial imbalance

-STATUTE-

No provision of this Act shall be construed to require the

assignment or transportation of students or teachers in order to

overcome racial imbalance.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 251, Aug. 21, 1974, 88 Stat. 519.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 93-380, Aug. 21, 1974,

88 Stat. 484, as amended, known as the Education Amendments of

1974. For complete classification of this Act to the Code, see

Short Title of 1974 Amendment note set out under section 6301 of

this title and Tables.

-CITE-

20 USC Sec. 1752 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF STUDENTS

-HEAD-

Sec. 1752. Appeals from Federal district court transfer or

transportation orders affecting school attendance areas and

achieving balancing of students; postponement of Federal court

orders pending exercise of appellate remedy; expiration of

section

-STATUTE-

Notwithstanding any other law or provision of law, in the case of

any order on the part of any United States district court which

requires the transfer or transportation of any student or students

from any school attendance area prescribed by competent State or

local authority for the purposes of achieving a balance among

students with respect to race, sex, religion, or socioeconomic

status, the effectiveness of such order shall be postponed until

all appeals in connection with such order have been exhausted or,

in the event no appeals are taken, until the time for such appeals

has expired. This section shall expire at midnight on June 30,

1978.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 253, Aug. 21, 1974, 88 Stat. 519.)

-CITE-

20 USC Sec. 1753 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF STUDENTS

-HEAD-

Sec. 1753. Uniform rules of evidence requirement

-STATUTE-

The rules of evidence required to prove that State or local

authorities are practicing racial discrimination in assigning

students to public schools shall be uniform throughout the United

States.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 254, Aug. 21, 1974, 88 Stat. 520.)

-CITE-

20 USC Sec. 1754 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF STUDENTS

-HEAD-

Sec. 1754. Provisions respecting transportation of pupils to

achieve racial balance and judicial power to insure compliance

with constitutional standards applicable to the entire United

States

-STATUTE-

The proviso of section 407(a) of the Civil Rights Act of 1964 (42

U.S.C. 2000c-6(a)) providing in substance that no court or official

of the United States shall be empowered to issue any order seeking

to achieve a racial balance in any school by requiring the

transportation of pupils or students from one school to another or

one school district to another in order to achieve such racial

balance, or otherwise enlarge the existing power of the court to

insure compliance with constitutional standards shall apply to all

public school pupils and to every public school system, public

school and public school board, as defined by title IV (42 U.S.C.

2000c et seq.), under all circumstances and conditions and at all

times in every State, district, territory, Commonwealth, or

possession of the United States, regardless of whether the

residence of such public school pupils or the principal offices of

such public school system, public school or public school board is

situated in the northern, eastern, western, or southern part of the

United States.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 255, Aug. 21, 1974, 88 Stat. 520.)

-CITE-

20 USC Sec. 1755 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF STUDENTS

-HEAD-

Sec. 1755. Additional priority of remedies after finding of de jure

segregation

-STATUTE-

Notwithstanding any other provision of law, after June 30, 1974

no court of the United States shall order the implementation of any

plan to remedy a finding of de jure segregation which involves the

transportation of students, unless the court first finds that all

alternative remedies are inadequate.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 256, Aug. 21, 1974, 88 Stat. 520.)

-CITE-

20 USC Sec. 1756 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF STUDENTS

-HEAD-

Sec. 1756. Remedies with respect to school district lines

-STATUTE-

In the formulation of remedies under this chapter the lines drawn

by a State subdividing its territory into separate school

districts, shall not be ignored or altered except where it is

established that the lines were drawn, or maintained or crossed for

the purpose, and had the effect of segregating children among

public schools on the basis of race, color, sex, or national

origin, or where it is established that, as a result of

discriminatory actions within the school districts, the lines have

had the effect of segregating children among public schools on the

basis of race, color, sex, or national origin.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 257, Aug. 21, 1974, 88 Stat. 520.)

-CITE-

20 USC Sec. 1757 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF STUDENTS

-HEAD-

Sec. 1757. Prohibition of forced busing during school year

-STATUTE-

(a) Congressional findings

The Congress finds that -

(1) the forced transportation of elementary and secondary

school students in implementation of the constitutional

requirement for the desegregation of such schools is

controversial and difficult under the best planning and

administration; and

(2) the forced transportation of elementary and secondary

school students after the commencement of an academic school year

is educationally unsound and administratively inefficient.

(b) Student transportation orders incidental to student transfers

pursuant to school desegregation plans effective beginning with

academic school year

Notwithstanding any other provisions of law, no order of a court,

department, or agency of the United States, requiring the

transportation of any student incident to the transfer of that

student from one elementary or secondary school to another such

school in a local educational agency pursuant to a plan requiring

such transportation for the racial desegregation of any school in

that agency, shall be effective until the beginning of an academic

school year.

(c) ''Academic school year'' defined

For the purpose of this section, the term ''academic school

year'' means, pursuant to regulations promulgated by the Secretary,

the customary beginning of classes for the school year at an

elementary or secondary school of a local educational agency for a

school year that occurs not more often than once in any

twelve-month period.

(d) Orders subject to provisions of section

The provisions of this section apply to any order which was not

implemented at the beginning of the 1974-1975 academic year.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 258, Aug. 21, 1974, 88 Stat. 520;

Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct.

17, 1979, 93 Stat. 677, 692.)

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary'', meaning the Secretary of Education, substituted

for ''Commissioner'' in subsec. (c) pursuant to sections 301(a)(1)

and 507 of Pub. L. 96-88, which are classified to sections

3441(a)(1) and 3507 of this title and which transferred functions

of Commissioner of Education to Secretary of Education.

-CITE-

20 USC Sec. 1758 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF

STUDENTS

SUBCHAPTER II - ASSIGNMENT AND TRANSPORTATION OF STUDENTS

-HEAD-

Sec. 1758. Reasonable time for developing voluntary school

desegregation plans following detailed notice of violations

-STATUTE-

Notwithstanding any other law or provision of law, no court or

officer of the United States shall enter, as a remedy for a denial

of equal educational opportunity or a denial of equal protection of

the laws, any order for enforcement of a plan of desegregation or

modification of a court-approved plan, until such time as the local

educational agency to be affected by such order has been provided

notice of the details of the violation and given a reasonable

opportunity to develop a voluntary remedial plan. Such time shall

permit the local educational agency sufficient opportunity for

community participation in the development of a remedial plan.

-SOURCE-

(Pub. L. 93-380, title II, Sec. 259, Aug. 21, 1974, 88 Stat. 521.)

-CITE-