Public-domain · open source
OpenJurist

20 U.S.C. § 1714

Section 1714 · Transportation of students

This is § 215 of the Family Educational Rights and Privacy Act of 1974

Amended 1 time on record

Applied in 10 court decisions — leading case Morgan v. Kerrigan (1975)

Most recently applied in 57 F. Supp. 2d 228 - Capacchione v. Charlotte-Mecklenburg Schools (September 1999)

How often courts cite this section

19741980199019993093-380enacted · 1974 · 93-380Morgan v. Kerriganleading · 1975 · Morgan v. Kerrigan
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Limitation to school closest or next closest to place of residence

No court, department, or agency of the United States shall, pursuant to section 1713 of this title, order the implementation of a plan that would require the transportation of any student to a school other than the school closest or next closest to his place of residence which provides the appropriate grade level and type of education for such student.

(b) Health risks; impingement on educational process

No court, department, or agency of the United States shall require directly or indirectly the transportation of any student if such transportation poses a risk to the health of such student or constitutes a significant impingement on the educational process with respect to such student.

(c) School population changes resulting from population changes

When a court of competent jurisdiction determines that a school system is desegregated, or that it meets the constitutional requirements, or that it is a unitary system, or that it has no vestiges of a dual system, and thereafter residential shifts in population occur which result in school population changes in any school within such a desegregated school system, no educational agency because of such shifts shall be required by any court, department, or agency of the United States to formulate, or implement any new desegregation plan, or modify or implement any modification of the court approved desegregation plan, which would require transportation of students to compensate wholly or in part for such shifts in school population so occurring.

/20/usc/1714 · .json · Public domain