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20 USC CHAPTER 37 - ASSIGNMENT OR TRANSPORTATION OF

STUDENTS 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 37 - ASSIGNMENT OR TRANSPORTATION OF STUDENTS

.

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CHAPTER 37 - ASSIGNMENT OR TRANSPORTATION OF STUDENTS

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Sec.

1651. Prohibition against assignment or transportation of students

to overcome racial imbalance.

1652. Prohibition against busing.

(a) Use of appropriated funds for busing.

(b) Rules, regulations, orders, etc., for busing.

(c) ''Applicable program'' defined.

1653. Omitted.

1654. Intervention authorization in implementation of court orders.

1655. Uniform rules of evidence of racial discrimination.

1656. Prohibition against official or court orders to achieve

racial balance or insure compliance with constitutional standards

applicable to entire United States.

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20 USC Sec. 1651 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 37 - ASSIGNMENT OR TRANSPORTATION OF STUDENTS

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Sec. 1651. 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. 92-318, title VIII, Sec. 801, June 23, 1972, 86 Stat.

371.)

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REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 92-318, June 23, 1972,

86 Stat. 235, as amended, known as the Education Amendments of

1972. For complete classification of this Act to the Code, see

Short Title note set out under section 1001 of this title and

Tables.

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20 USC Sec. 1652 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 37 - ASSIGNMENT OR TRANSPORTATION OF STUDENTS

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Sec. 1652. Prohibition against busing

-STATUTE-

(a) Use of appropriated funds for busing

No funds appropriated for the purpose of carrying out any

applicable program may be used for the transportation of students

or teachers (or for the purchase of equipment for such

transportation) in order to overcome racial imbalance in any school

or school system, or for the transportation of students or teachers

(or for the purchase of equipment for such transportation) in order

to carry out a plan of racial desegregation of any school or school

system, except on the express written voluntary request of

appropriate local school officials. No such funds shall be made

available for transportation when the time or distance of travel is

so great as to risk the health of the children or significantly

impinge on the educational process of such children, or where the

educational opportunities available at the school to which it is

proposed that any such student be transported will be substantially

inferior to those opportunities offered at the school to which such

student would otherwise be assigned under a nondiscriminatory

system of school assignments based on geographic zones established

without discrimination on account of race, religion, color, or

national origin.

(b) Rules, regulations, orders, etc., for busing

No officer, agent, or employee of the Department of Education,

the Department of Justice, or any other Federal agency shall, by

rule, regulation, order, guideline, or otherwise (1) urge,

persuade, induce, or require any local education agency, or any

private nonprofit agency, institution, or organization to use any

funds derived from any State or local sources for any purpose,

unless constitutionally required, for which Federal funds

appropriated to carry out any applicable program may not be used,

as provided in this section, or (2) condition the receipt of

Federal funds under any Federal program upon any action by any

State or local public officer or employee which would be prohibited

by clause (1) on the part of a Federal officer or employee. No

officer, agent, or employee of the Department of Education or any

other Federal agency shall urge, persuade, induce, or require any

local education agency to undertake transportation of any student

where the time or distance of travel is so great as to risk the

health of the child or significantly impinge on his or her

educational process; or where the educational opportunities

available at the school to which it is proposed that such student

be transported will be substantially inferior to those offered at

the school to which such student would otherwise be assigned under

a nondiscriminatory system of school assignments based on

geographic zones established without discrimination on account of

race, religion, color, or national origin.

(c) ''Applicable program'' defined

An applicable program means a program to which the General

Education Provisions Act (20 U.S.C. 1221 et seq.) applies.

-SOURCE-

(Pub. L. 92-318, title VIII, Sec. 802, June 23, 1972, 86 Stat. 371;

Pub. L. 96-88, title III, Sec. 301, title V, Sec. 507, Oct. 17,

1979, 93 Stat. 677, 692.)

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REFERENCES IN TEXT

The General Education Provisions Act, referred to in subsec. (c),

is title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 814, as

amended, which is classified generally to chapter 31 (Sec. 1221 et

seq.) of this title. For complete classification of this Act to

the Code, see section 1221 of this title and Tables.

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TRANSFER OF FUNCTIONS

''Department of Education'' substituted for ''Department of

Health, Education, and Welfare (including the Office of

Education)'' in subsec. (b) pursuant to sections 301 and 507 of

Pub. L. 96-88, which are classified to sections 3441 and 3507 of

this title and which transferred functions and offices (relating to

education) of Department of Health, Education, and Welfare,

including Office of Education, to Department of Education.

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20 USC Sec. 1653 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 37 - ASSIGNMENT OR TRANSPORTATION OF STUDENTS

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Sec. 1653. Omitted

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CODIFICATION

Section, Pub. L. 92-318, title VIII, Sec. 803, June 23, 1972, 86

Stat. 372, provided that the effectiveness of orders of district

courts requiring transfer or transportation of students for

purposes of achieving a balance among students with respect to

race, sex, religion, or socioeconomic status, be postponed until

all appeals in connection with such orders have been exhausted or

until expiration of the time for such appeals, expired at midnight

on Jan. 1, 1974.

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20 USC Sec. 1654 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 37 - ASSIGNMENT OR TRANSPORTATION OF STUDENTS

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Sec. 1654. Intervention authorization in implementation of court

orders

-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, 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. 92-318, title VIII, Sec. 804, June 23, 1972, 86 Stat.

372.)

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20 USC Sec. 1655 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 37 - ASSIGNMENT OR TRANSPORTATION OF STUDENTS

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Sec. 1655. Uniform rules of evidence of racial discrimination

-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. 92-318, title VIII, Sec. 805, June 23, 1972, 86 Stat.

372.)

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20 USC Sec. 1656 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 37 - ASSIGNMENT OR TRANSPORTATION OF STUDENTS

-HEAD-

Sec. 1656. Prohibition against official or court orders to achieve

racial balance or insure compliance with constitutional

standards applicable to 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. 92-318, title VIII, Sec. 806, June 23, 1972, 86 Stat.

373.)

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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 IV of the

Civil Rights Act of 1964 is classified generally to subchapter IV

(Sec. 2000c 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.

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