Title 20EducationRelease 119-73not60

§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

Title 20 › Chapter 39— EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF STUDENTS › Subchapter I— EQUAL EDUCATIONAL OPPORTUNITIES › Part 4— Remedies › § 1718

Last updated Apr 5, 2026|Official source

Summary

A court can stop any order that makes a school district move students to fix an equal protection problem, but only for the moving part. The court may do this if it finds the district has met the Fifth or Fourteenth Amendment rules and will keep following them. The court that ends the order must say why. The ending is put on hold during a final appeal or until the time to appeal runs out. No new transportation order can be entered unless the district is later found not to meet those constitutional requirements.

Full Legal Text

Title 20, §1718

Education — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

20 U.S.C. § 1718

Title 20Education

Last Updated

Apr 5, 2026

Release point: 119-73not60