Title 20 -- Education


-CITE-
    20 USC CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND
                  TRANSPORTATION OF STUDENTS                     01/23/00
 
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    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        01/23/00
 
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    TITLE 20 - EDUCATION
    CHAPTER 39 - EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF
         STUDENTS
    SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES
    .
 
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    SUBCHAPTER I - EQUAL EDUCATIONAL OPPORTUNITIES
 
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    20 USC Part 1 - Policy and Purpose                           01/23/00
 
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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
 
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    20 USC Sec. 1701                                             01/23/00
 
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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-
    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'.''
 
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    20 USC Sec. 1702                                             01/23/00
 
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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-
    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.)
 
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    20 USC Part 2 - Unlawful Practices                           01/23/00
 
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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.
 
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    20 USC Sec. 1703                                             01/23/00
 
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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.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 7402 of this title.
 
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    20 USC Sec. 1704                                             01/23/00
 
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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.)
 
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    20 USC Sec. 1705                                             01/23/00
 
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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. 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.)
 
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    20 USC Part 3 - Enforcement                                  01/23/00
 
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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
 
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    20 USC Sec. 1706                                             01/23/00
 
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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.
 
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    20 USC Sec. 1707                                             01/23/00
 
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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.)
 
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    20 USC Sec. 1708                                             01/23/00
 
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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.)
 
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    20 USC Sec. 1709                                             01/23/00
 
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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.)
 
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    20 USC Sec. 1710                                             01/23/00
 
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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. 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.)
 
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    20 USC Part 4 - Remedies                                     01/23/00
 
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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-
    Part 4 - Remedies
 
-SECREF-
                     PART REFERRED TO IN OTHER SECTIONS
      This part is referred to in section 1703 of this title.
 
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    20 USC Sec. 1712                                             01/23/00
 
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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. 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.
 
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    20 USC Sec. 1713                                             01/23/00
 
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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. 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.
 
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    20 USC Sec. 1714                                             01/23/00
 
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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                                             01/23/00
 
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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                                             01/23/00
 
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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                                             01/23/00
 
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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. 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.
 
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    20 USC Sec. 1718                                             01/23/00
 
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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.)
 
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    20 USC Part 5 - Definitions                                  01/23/00
 
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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                                             01/23/00
 
-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 nor 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 8801 of this title.
 
-CITE-
    20 USC Part 6 - Miscellaneous Provisions                     01/23/00
 
-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                                             01/23/00
 
-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                                       01/23/00
 
-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                                             01/23/00
 
-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                                             01/23/00
 
-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                                             01/23/00
 
-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                                             01/23/00
 
-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                                             01/23/00
 
-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                                             01/23/00
 
-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                                             01/23/00
 
-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                                             01/23/00
 
-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.)


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