Congressional findings
United States Code
Citation analytics
How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
★Highly CitedTop 7% most-cited · cited by 28 decisions
28
Citing decisions
6+
Courts citing
Citations by decade
12
5
5
3
2
1
1970s1980s1990s2000s2010s2020s
Courts citing this statute
Most recently cited by10
- 2020Bostock v. Clayton Cnty. U.S.
- 2019Verrett v. Independent School District 625 D. Minnesota
- 2017Issa v. School District of Lancaster 3d Cir.
- 2009Horne v. Flores 9th Cir.
- 2008Board of Education v. Board of Education Ill.
- 2008United States v. Texas E.D. Tex.
- 1997United States v. Yonkers Board of Education S.D.N.Y.
- 1996United States v. City of Yonkers 2d Cir.
- 1995Stanley v. Darlington County School District D.S.C.
- 1993Puerto Rico Higher Education Assistance Corp. v. Riley D.C. Cir.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
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. The Congress finds that— (Source: (Pub. L. 93–380, title II, § 203, Aug. 21, 1974, 88 Stat. 514.))