20 U.S.C. § 1718

Limitation on court orders; termination of orders conditioned upon compliance with fifth and fourteenth amendments; statement of basis for termination orders; stay of termination orders

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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.

Notes of Decisions

Cited in 2 cases, 1978–1979 · leading case: Monell v. New York City Dept. of Soc. Servs., 436 U.S. 658 (1978).

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Monell v. New York City Dept. of Soc. Servs., 436 U.S. 658 (1978). “" Section 219 of the Act, 20 U. S. C. § 1718 (1976 ed.), provides for the termination of court-ordered busing "if the court finds the defendant educational agency has satisfied the requirements of the fifth or fourteenth amendments to the Constitution, whichever is applicable,…”

Spangler v. Pasadena City Bd. of Educ., 611 F.2d 1239 (9th Cir. 1979). “The United States on appeal argues that the Board’s intentions for future programs are also made relevant by reason of 20 U.S.C. § 1718 . In part that section provides: Any court order requiring, directly or indirectly, the transportation of students for the purpose of remedying…”

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