§1713 — Title 20 Education | U.S. Code

Summary

When a court or federal agency fixes a denial of equal school opportunity or equal protection that could involve student transportation, it must review and state how well certain fixes would work. It must order the first remedy on the list (or the first mix of remedies) that will correct the problem. The options include seven choices: assigning students to the nearest appropriate schools (either considering school size and physical barriers or considering only school size); letting students transfer from schools where most students share their race to schools where they are a minority; changing attendance zones or grade setups without adding extra transportation beyond section 1714; building new schools or closing poor ones; creating magnet schools; or another plan that is educationally sound and administratively feasible, subject to sections 1714 and 1715.

Title 20, §1713

Education — Source: USLM XML via OLRC

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