A bill to insure equal protection of the laws as guaranteed by the fifth or 14th amendments to the Constitution of the United States.

Summary

Removes the power of any United States court to issue school transportation orders based on race, color, or national origin unless the court first determines that a discriminatory purpose in education was a principal motivating factor in the constitutional violation for which such transportation is proposed as a remedy. Stipulates that any court order requiring the transportation of any student based on race, color, or national origin must be promulgated by a three judge district court. Restricts such transportation of students to that which is reasonably necessary to have the student composition reflect what it otherwise would have been if a constitutional violation had not occurred. Requires any court before entering a transportation order to hold a hearing and make specific findings of the discriminatory purpose of the violation and the degree to which the concentration in the student composition by race, color, or national origin has been altered from its normal course by such violation. Stipulates that any transportation order on the basis of a constitutional violation shall be stayed until all appeals have been exhausted. Specifies that any transportation order for a constitutional violation which is not yet final before the date of enactment of this Act must meet the requirements imposed by this Act.

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Versions

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Documents

2 official files

• Reported to Senate with amendment(s)

  summary · EN · 21 September 1977

  Open at official source

• Introduced in Senate

  summary · EN · 9 June 1977

  Open at official source

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