Page:United States Statutes at Large Volume 88 Part 1.djvu/562

This page needs to be proofread.

[88 STAT. 518]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 518]

518

PUBLIC LAW 93-380-AUG. 21, 1974 DISTRICT

20 USC 1715.

[88 STAT.

LINES

SEC. 216. I n the formulation of remedies under section 213 or 214 of this part the lines drawn by a State, subdividing its territory into separate school districts, shall not be ignored or altered except where it is established that the lines were drawn for the purpose, and had the effect, of segregating children among public schools on the basis of race, color, sex, or national origin. VOLUNTARY ADOPTION OF REMEDIES

20 USC 1716.

gj,(^. 217. Nothing in this part prohibits an educational agency from proposing, adopting, requiring, or implementing any plan of desegregation, otherwise lawful, that is at variance with the standards set out in this part nor shall any court, department, or agency of the United States be prohibited from approving implementation of a plan which goes beyond what can be required under this part, if such plan is voluntarily proposed by the appropriate educational agency. R E O P E N I N G PROCEEDINGS

20 USC 1717.

42 USC 2oood.

gjjc. 218. A parent or guardian of a child, or parents or guardians of children similarly situated, transported to a public school in accordance with a court order, or an educational agency subject to a court order or a desegregation plan under title VI of the Civil Rights j^Q^ Qf iQQ^ jj^ effect on the date of the enactment of this part and intended to end segregation of students on the basis of race, color, or national origin, may seek to reopen or intervene in the further implementation of such court order, currently in effect, if the time or distance of travel is so great as to risk the health of the student or significantly impinge on his or her educational process. L I M I T A T I O N ON ORDERS

20 USC 1718.

gj,(.^ 219. 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. Subpart 5—Definitions

20 USC 1720. 20 USC 881.

gEc. 221. For the purposes of this part— (a) The term "educational agency" means a local educational agency or a "State educational agency" as defined by section 801(k) fyf Yie Elementary and Secondary Education Act of 1965. (b) The term "local educational agency" means a local educational agency as defined by section 801(f) of the Elementary and Secondary Education Act of 1965.