Title 20, EducationRelease 119-102
§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
Summary
A court may end an order that makes a school agency transport students to fix an equal‑protection issue if the court finds the agency meets and will keep meeting the Fifth or Fourteenth Amendment requirements. The court must give its reasons and must delay the end during any final appeal. No new transport order can be made unless the agency later fails those constitutional tests.
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 20, Education
Last Updated
Aug 21, 2026
Release point: 119-102