§ 1652. — Prohibition against busing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1652]
TITLE 20--EDUCATION
CHAPTER 37--ASSIGNMENT OR TRANSPORTATION OF STUDENTS
Sec. 1652. Prohibition against busing
(a) Use of appropriated funds for busing
No funds appropriated for the purpose of carrying out any applicable
program may be used for the transportation of students or teachers (or
for the purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to carry out a plan of racial
desegregation of any school or school system, except on the express
written voluntary request of appropriate local school officials. No such
funds shall be made available for transportation when the time or
distance of travel is so great as to risk the health of the children or
significantly impinge on the educational process of such children, or
where the educational opportunities available at the school to which it
is proposed that any such student be transported will be substantially
inferior to those opportunities offered at the school to which such
student would otherwise be assigned under a nondiscriminatory system of
school assignments based on geographic zones established without
discrimination on account of race, religion, color, or national origin.
(b) Rules, regulations, orders, etc., for busing
No officer, agent, or employee of the Department of Education, the
Department of Justice, or any other Federal agency shall, by rule,
regulation, order, guideline, or otherwise (1) urge, persuade, induce,
or require any local education agency, or any private nonprofit agency,
institution, or organization to use any funds derived from any State or
local sources for any purpose, unless constitutionally required, for
which Federal funds appropriated to carry out any applicable program may
not be used, as provided in this section, or (2) condition the receipt
of Federal funds under any Federal program upon any action by any State
or local public officer or employee which would be prohibited by clause
(1) on the part of a Federal officer or employee. No officer, agent, or
employee of the Department of Education or any other Federal agency
shall urge, persuade, induce, or require any local education agency to
undertake transportation of any student where the time or distance of
travel is so great as to risk the health of the child or significantly
impinge on his or her educational process; or where the educational
opportunities available at the school to which it is proposed that such
student be transported will be substantially inferior to those offered
at the school to which such student would otherwise be assigned under a
nondiscriminatory system of school assignments based on geographic zones
established without discrimination on account of race, religion, color,
or national origin.
(c) ``Applicable program'' defined
An applicable program means a program to which the General Education
Provisions Act [20 U.S.C. 1221 et seq.] applies.
(Pub. L. 92-318, title VIII, Sec. 802, June 23, 1972, 86 Stat. 371; Pub.
L. 96-88, title III, Sec. 301, title V, Sec. 507, Oct. 17, 1979, 93
Stat. 677, 692.)
References in Text
The General Education Provisions Act, referred to in subsec. (c), is
title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 814, as amended,
which is classified generally to chapter 31 (Sec. 1221 et seq.) of this
title. For complete classification of this Act to the Code, see section
1221 of this title and Tables.
Transfer of Functions
``Department of Education'' substituted for ``Department of Health,
Education, and Welfare (including the Office of Education)'' in subsec.
(b) pursuant to sections 301 and 507 of Pub. L. 96-88, which are
classified to sections 3441 and 3507 of this title and which transferred
functions and offices (relating to education) of Department of Health,
Education, and Welfare, including Office of Education, to Department of
Education.
