U.S. Code » Title 20 » Chapter CHAPTER 39— EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF STUDENTS › Subchapter SUBCHAPTER I— EQUAL EDUCATIONAL OPPORTUNITIES › Part Part 2— Unlawful Practices

20 U.S.C. § 1705

Assignment on neighborhood basis not a denial of equal educational opportunity

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Subject to the other provisions of this subchapter, the assignment by an educational agency of a student to the school nearest his place of residence which provides the appropriate grade level and type of education for such student is not a denial of equal educational opportunity or of equal protection of the laws unless such assignment is for the purpose of segregating students on the basis of race, color, sex, or national origin, or the school to which such student is assigned was located on its site for the purpose of segregating students on such basis.

Notes of Decisions
Cited in 6 cases, 1976–2020 · leading case: Bostock v. Clayton Cnty., 590 U.S. 644 (2020).
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Bostock v. Clayton Cnty., 590 U.S. 644 (2020). · cites it 2× “§1703 (Denial of Equal Educational Opportunity Prohibited)  20 U. S. C. §1705 (Assignment on Neighborhood Basis Not a Denial of Equal Educational Oppor- tunity)  20 U.”
United States v. Hinds Cnty. Sch. Bd., United States of Am. v. Amite Cnty. Sch. Dist., 560 F.2d 619 (5th Cir. 1977). · cites it 2× “The significance to be given to that section becomes clear when one reads 20 U.S.C. § 1705 which further clarifies and reenforces the meaning of section 1703(c).”
A.N.A ex rel. S.F.A. v. Breckinridge Cnty. Bd. of Educ., 833 F. Supp. 2d 673 (W.D. Ky. 2011). “§ 1681 (a); the Equal Education Opportunities Act, 20 U.S.C. § 1705 ; the Equal Protection Clause of the United States Constitution, and the Kentucky Sex Equity in Education Act, KRS 344.”
Spangler v. Pasadena City Bd. of Educ., 611 F.2d 1239 (9th Cir. 1979). “The United States also argues that 20 U.S.C. § 1705 justifies retention of jurisdiction and continuing injunctive relief.”
Vorchheimer ex rel Vorchheimer v. Sch. Dist. of Philadelphia, 532 F.2d 880 (3d Cir. 1976). “Section 206, 20 U.S.C. § 1705 , provides in pertinent part that: [T]he assignment by an educational agency of a student to the school nearest his place of residence which provides the appropriate grade level and type of education for such student is not a denial of equal…”
Spangler v. Pasadena City Bd. of Educ., 605 F.2d 492 (9th Cir. 1979). “The United States also argues that 20 U.S.C. § 1705 justifies retention of jurisdiction and continuing injunctive relief.”
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