20 U.S.C. § 1702 — Congressional findings
submitted 52 years ago by Pub. L. 93-380 to r/title-20-EDUCATION · 364 words · no verdicts yet
Congress finds that race-based dual school systems deny equal protection, that desegregation transportation can impose financial and educational harms, and that court standards have been incomplete. Congress therefore says it should specify remedies while preserving judicial enforcement of the Fifth and Fourteenth Amendments.
(a) Congress finds: (1) assigning students solely by race, color, sex, or national origin in dual schools denies Fourteenth Amendment equal protection; (2) ending such systems and their remaining effects has required reorganization, reassignment, and extensive transportation; (3) that transportation can consume money needed for facilities and instruction; (4) transportation is excessive when it seriously risks health or safety, disrupts education, and significantly harms opportunity; (5) the risks are especially great for children in grades one through six; and (6) court guidelines, in the Supreme Court’s words, were “incomplete and imperfect” and did not give a clear, rational, uniform reassignment and transportation standard. (b) For these reasons, Congress says it is necessary and proper under its constitutional powers to specify remedies for eliminating those remaining effects, but this chapter does not change or reduce United States courts’ authority to enforce the Fifth and Fourteenth Amendments.
The Congress finds that—
the maintenance of dual school systems in which students are assigned to schools solely on the basis of race, color, sex, or national origin denies to those students the equal protection of the laws guaranteed by the fourteenth amendment;
for the purpose of abolishing dual school systems and eliminating the vestiges thereof, many local educational agencies have been required to reorganize their school systems, to reassign students, and to engage in the extensive transportation of students;
the implementation of desegregation* plans that require extensive student transportation has, in many cases, required local educational agencies to expend large amounts of funds, thereby depleting their financial resources available for the maintenance or improvement of the quality of educational facilities and instruction provided;
transportation of students which creates serious risks to their health and safety, disrupts the educational process carried out with respect to such students, and impinges significantly on their educational opportunity, is excessive;
the risks and harms created by excessive transportation are particularly great for children enrolled in the first six grades; and
the guidelines provided by the courts for fashioning remedies to dismantle dual school systems have been, as the Supreme Court of the United States has said, “incomplete and imperfect,” and have not established, a clear, rational, and uniform standard for determining the extent to which a local educational agency* is required to reassign and transport its students in order to eliminate the vestiges of a dual school system.
For the foregoing reasons, it is necessary and proper that the Congress, pursuant to the powers granted to it by the Constitution of the United States, specify appropriate remedies for the elimination of the vestiges of dual school systems, except that the provisions of this chapter are not intended to modify or diminish the authority of the courts of the United States to enforce fully the fifth and fourteenth amendments to the Constitution of the United States.
Source credit: (Pub. L. 93–380, title II, § 203, Aug. 21, 1974, 88 Stat. 514.)
- 1974Enacted · Pub. L. 93-380 · 88 Stat. 514
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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