20 U.S.C. § 1713: Priority of remedies

Summary

When a court, department, or agency fixes a denial of equal educational opportunity or equal protection that may involve student transportation, it must look at how well certain fixes will solve the problem and say so in writing. It must then order the first single fix, or the first mix of fixes, that will actually correct the denial. The list has seven options, including assigning students to the nearest suitable school (counting school size and natural barriers or counting only school size), letting students transfer from a school where most students are of their race, color, or national origin to one where they are a minority, changing attendance zones or grade structures without extra transportation beyond section 1714, building or closing schools, creating magnet schools, or any other practical, educationally sound plan (subject to sections 1714 and 1715).

Title 20, §1713

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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 section 1714 and 1715 of this title.

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.

§1713 Priority of Remedies

Summary

Title 20, §1713

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata