 
   CHAPTER 39--EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF 
                                STUDENTS
 
              SUBCHAPTER I--EQUAL EDUCATIONAL OPPORTUNITIES
 
                       Part 1--Policy and Purpose
 
Sec. 1702. Congressional findings


(a) Dual school systems as denial of equal protection; depletion of 
        financial resources of local educational agencies; 
        transportation of students; inadequacy of guidelines

    The Congress finds that--
        (1) 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;
        (2) 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;
        (3) 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;
        (4) 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;
        (5) the risks and harms created by excessive transportation are 
    particularly great for children enrolled in the first six grades; 
    and
        (6) 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.

(b) Necessity of Congress to specify appropriate remedies for 
        elimination of dual school systems

    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.

(Pub. L. 93-380, title II, Sec. 203, Aug. 21, 1974, 88 Stat. 514.)
