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20 U.S.C. § 1718Limitation on court orders; termination of orders conditioned upon compliance with fifth and fourteenth amendments; statement of basis for termination orders; stay of termination orders

submitted 52 years ago by Pub. L. 93-380 to r/title-20-EDUCATION · 165 words · no verdicts yet

in plain englishAI-generated · not legal advice

A court may end a student-transportation order, to the extent it requires transportation to remedy an equal-protection denial, if the responsible educational agency meets the applicable constitutional requirements and will keep meeting them. The court must explain its decision, and the termination is stayed during the appeal period.

A court order that directly or indirectly requires transporting students to remedy a denial of equal protection may be ended, as to the transportation requirement, if the defendant educational agency has met the requirements of the Fifth or Fourteenth Amendment, whichever applies, and will continue to comply with them. The court that first had jurisdiction must state in its order why it decided to end the order. Ending the order is stayed while a final appeal is pending, or, if no appeal is filed, until the time for filing an appeal ends. The court may not issue a new order requiring the agency to transport students for that purpose unless the agency is found not to have met the applicable Fifth- or Fourteenth-Amendment requirements.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 93–380, title II, § 219, Aug. 21, 1974, 88 Stat. 518.)

history & why it existsrecord from the source credit
  • 1974Enacted · Pub. L. 93-380 · 88 Stat. 518

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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