20 U.S.C. § 1758
Reasonable time for developing voluntary school desegregation plans following detailed notice of violations
Notwithstanding any other law or provision of law, no court or officer of the United States shall enter, as a remedy for a denial of equal educational opportunity or a denial of equal protection of the laws, any order for enforcement of a plan of desegregation or modification of a court-approved plan, until such time as the local educational agency to be affected by such order has been provided notice of the details of the violation and given a reasonable opportunity to develop a voluntary remedial plan. Such time shall permit the local educational agency sufficient opportunity for community participation in the development of a remedial plan.
Notes of Decisions
Cited in 7
cases, 1978–1982 · leading case: United States v. South Park Indep. Sch. Dist., 566 F.2d 1221 (5th Cir. 1978).
United States v. South Park Indep. Sch. Dist., 566 F.2d 1221 (5th Cir. 1978). “First, the government failed to satisfy the requirements of 20 U.S.C. § 1758 with respect to providing notice to the school district of the details of any violation of equal educational opportunity or of equal protection of law.”
United States v. Texas Educ. Agency (South Park Indep. Sch. Dist.), 647 F.2d 504 (5th Cir. 1981). “It is unnecessary to address this finding herein as it is subordinate to this court’s conclusions on the broader issue of unitariness.”
Geraldine Huch v. United States, 439 U.S. 1007 (1978). “The District Court also based its denial of the motion for supplemental relief on the Government’s failure to comply with 20 U. S. C. § 1758 , which in essence requires that local school authorities be given notice and a reasonable opportunity to develop a voluntary remedial…”
United States v. Texas Educ. Agency, (Port Arthur Indep. Sch. Dist.), 679 F.2d 1104 (5th Cir. 1982). “See also 20 U.S.C. § 1758 . We find no jurisdictional impediment to the order of remand requested by the parties.”
United States v. State of Tex., 523 F. Supp. 703 (E.D. Tex. 1981). “Defendants rely upon 20 U.S.C. § 1758 , which provides, in pertinent part, that no desegregation plan shall be entered until the affected educational agency "has been provided notice of the details of the violation and *739 given a reasonable opportunity to develop a voluntary…”
United States v. Texas, 523 F. Supp. 703 (E.D. Tex. 1981). “Defendants rely upon 20 U.S.C. § 1758 , which provides, in pertinent part, that no desegregation plan shall be entered until the affected educational agency “has been provided notice of the details of the violation and *739 given a reasonable opportunity to develop a voluntary…”
United States v. South Park Indep. Sch. Dist., 491 F. Supp. 1177 (E.D. Tex. 1980). “Following the 1976 hearing, this Court found that the United States’ motion for supplemental relief had failed to provide notice to the SPISD of the details of any violation of equal educational opportunity or equal protection of the laws as required by section 259 of the Equal…”
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