Title 20 — Education
Chapter 39 — Equal Educational Opportunities and Transportation of Students
§ 1757. Prohibition of forced busing during school year
Statutory text
Congressional findings
The Congress finds that—
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
the forced transportation of elementary and secondary school students after the commencement of an academic school year is educationally unsound and administratively inefficient.
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.
“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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Equal Educational Opportunities Act of 1974
Pub. L. 93–380 title II § 258 · [88 Stat. 484]
Enacted · 20 U.S.C. § 1757
Pub. L. 93–380, title II, § 258, Aug. 21, 1974, 88 Stat. 520
Source evidence
Code source credit
Pub. L. 93–380, title II, § 258, Aug. 21, 1974, 88 Stat. 520Enacted provision · exact public law section
Sec. 258. prohibition of forced busing during school year (a) 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) 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) For the purpose of this section, the term “academic school year” “Academic school year.” means, pursuant to regulations promulgated by the Commissioner, 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) The provisions of this section apply to any order which was not implemented at the beginning of the 1974–1975 academic year.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on and after sixtieth day after , 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 sections 301(a)(1) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred functions of Commissioner of Education to Secretary of Education.
Credits
1974–1979 · 2 acts
- 1974Pub. L. 93–380, title II, § 258, , 88 Stat. 520
- 1979Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, , 93 Stat. 677, 692.
Show as published
(Pub. L. 93–380, title II, § 258, , 88 Stat. 520; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, , 93 Stat. 677, 692.)