20 U.S.C. § 1713 — Priority of remedies
submitted 52 years ago by Pub. L. 93-380 to r/title-20-EDUCATION · 260 words · no verdicts yet
When choosing a remedy for denial of equal educational opportunity or equal protection that may involve transporting students, a Federal court, department, or agency must assess specified remedies. It must order the first remedy, or first combination of remedies, that would correct the denial.
When creating a remedy for denying equal educational opportunity or equal protection of the laws, a United States court, department, or agency must consider and make specific findings about how well each of these remedies would correct the denial. It must require the first remedy listed below, or the first combination of them, that would correct the denial: (a) assign students to the closest schools to their homes that offer the right grade and type of education, considering school capacity and natural physical barriers; (b) make the same assignments while considering only school capacity; (c) allow students to transfer from a school where most students are of their race, color, or national origin to a school where fewer students are of their race, color, or national origin; (d) create or revise attendance zones or grade structures without requiring transportation beyond that described in section 1714; (e) build new schools or close inferior schools; (f) build or establish magnet schools; or (g) develop and carry out another educationally sound and administratively feasible plan, subject to sections 1714 and 1715.
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:
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;
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;
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;
the creation or revision of attendance zones or grade structures without requiring transportation beyond that described in section 1714 of this title;
the construction of new schools or the closing of inferior schools;
the construction or establishment of magnet schools; or
the development and implementation of any other plan which is educationally sound and administratively feasible, subject to the provisions of sections 1714 and 1715 of this title.
Source credit: (Pub. L. 93–380, title II, § 214, Aug. 21, 1974, 88 Stat. 517.)
- 1974Enacted · Pub. L. 93-380 · 88 Stat. 517
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-380 on 1974-08-21.
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