20 U.S.C. § 1757: Prohibition of forced busing…

Summary

Federal courts and agencies cannot force the transportation of a student for racial desegregation after the school year has already begun. Congress said forced busing for desegregation is controversial and that starting it after classes start harms learning and is inefficient. Any court or federal order to move a student for desegregation in a local school district only becomes effective at the beginning of an academic school year. "Academic school year" means, under rules set by the Secretary, the usual start of classes that happens no more than once in any 12‑month period. This rule covers any order not put into effect at the start of the 1974–1975 academic year.

Title 20, §1757

Education, Source: USLM XML via OLRC

(a)Congressional findings

The Congress finds that—

(1)the forced transportation of elementary and secondary school students in implementation of the constitutional requirement for the desegregation of such schools is controversial and difficult under the best planning and administration; and

(2)the forced transportation of elementary and secondary school students after the commencement of an academic school year is educationally unsound and administratively inefficient.

(b)Student transportation orders incidental to student transfers pursuant to school desegregation plans effective beginning with academic school year

Notwithstanding any other provisions of law, no order of a court, department, or agency of the United States, requiring the transportation of any student incident to the transfer of that student from one elementary or secondary school to another such school in a local educational agency pursuant to a plan requiring such transportation for the racial desegregation of any school in that agency, shall be effective until the beginning of an academic school year.

(c)“Academic school year” defined

For the purpose of this section, the term “academic school year” means, pursuant to regulations promulgated by the Secretary, the customary beginning of classes for the school year at an elementary or secondary school of a local educational agency for a school year that occurs not more often than once in any twelve-month period.

(d)Orders subject to provisions of section

The provisions of this section apply to any order which was not implemented at the beginning of the 1974–1975 academic year.

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.

Transfer of Functions

“Secretary”, meaning the Secretary of Education, substituted for “Commissioner” in subsec. (c) pursuant to section 301(a)(1) and 507 of Pub. L. 96–88, which are classified to section 3441(a)(1) and 3507 of this title and which transferred functions of Commissioner of Education to Secretary of Education.

§1757 Prohibition of Forced Busing During School Year