§1702 — Title 20 Education | U.S. Code

Summary

Congress must set clear rules to end racially separate school systems and explain when and how students can be reassigned or moved to other schools. Separate schools based on race, color, sex, or national origin deny students equal protection. Fixing segregation has forced many local school agencies to reorganize, move students, and run large transportation programs. Those transports have cost a lot of money and sometimes harm students’ health, safety, and learning—especially children in the first six grades. Court guidance so far has been incomplete and inconsistent. Using its constitutional powers, Congress says it must provide proper remedies to remove the traces of separate school systems. This does not reduce the courts’ power to fully enforce the Fifth and Fourteenth Amendments.

Title 20, §1702

Education — Source: USLM XML via OLRC

(a)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)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.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.

§1702 Congressional findings

Summary

Title 20, §1702

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata