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TITLE
IV--DESEGREGATION OF PUBLIC EDUCATION DEFINITIONS
OOOSEC. 401.
As used in this title--
OOO(a) "Commissioner" means
the Commissioner of Education.
OOO(b) "Desegregation" means
the assignment of students to public schools and within such schools
without regard to their race, color, religion, or national origin, but
"desegregation" shall not mean the assignment of students to
public schools in order to overcome racial imbalance.
OOO(c) "Public school" means
any elementary or secondary educational institution, and "public
college" means any institution of higher education or any
technical or vocational school above the secondary school level,
provided that such public school or public college is operated by a
State, subdivision of a State, or governmental agency within a State,
or operated wholly or predominantly from or through the use of
governmental funds or property, or funds or property derived from a
governmental source.
OOO(d) "School board" means
any agency or agencies which administer a system of one or more public
schools and any other agency which is responsible for the assignment
of students to or within such system.
OSURVEY AND
REPORT OF EDUCATIONAL OPPORTUNITIES
OOOSEC. 402.
The Commissioner shall conduct a survey and make a report to the
President and the Congress, within two years of the enactment of this
title, concerning the lack of availability of equal educational
opportunities for individuals by reason of race, color, religion, or
national origin in public educational institutions at all levels in
the United States, its territories and possessions, and the District
of Columbia
OTECHNICAL
ASSISTANCE
OOOSEC. 403.
The Commissioner is authorized, upon the application of any school
board, State, municipality, school district, or other governmental
unit legally responsible for operating a public school or schools, to
render technical assistance to such applicant in the preparation,
adoption, and implementation of plans for the desegregation of public
schools. Such technical assistance may, among other activities,
include making available to such agencies information regarding
effective methods of coping with special educational problems
occasioned by desegregation, and making available to such agencies
personnel of the Office of Education or other persons specially
equipped to advise and assist them in coping with such problems.
OTRAINING
INSTITUTES
OOOSEC. 404.
The Commissioner is authorized to arrange, through grants or
contracts, with institutions of higher education for the operation of
short-term or regular session institutes for special training designed
to improve the ability of teachers, supervisors, counselors, and other
elementary or secondary school personnel to deal effectively with
special educational problems occasioned by desegregation. Individuals
who attend such an institute on a full-time basis may be paid stipends
for the period of their attendance at such institute in amounts
specified by the Commissioner in regulations, including allowances for
travel to attend such institute.
OGRANTS
OOOSEC. 405.
(a) The Commissioner is authorized, upon application of a school
board, to make grants to such board to pay, in whole or in part, the
cost of--
OOOOO(1) giving to teachers and other
school personnel inservice training in dealing with problems incident
to desegregation, and
OOOOO(2) employing specialists to advise
in problems incident to desegregation.
OOOO(b) In determining whether to make a
grant, and in fixing the amount thereof and the terms and conditions
on which it will be made, the Commissioner shall take into
consideration the amount available for grants under this section and
the other applications which are pending before him; the financial
condition of the applicant and the other resources available to it;
the nature, extent, and gravity of its problems incident to
desegregation; and such other factors as he finds relevant.
OPAYMENTS
OOOSEC. 406.
Payments pursuant to a grant or contract under this title may be made
(after necessary adjustments on account of previously made
overpayments or underpayments) in advance or by way of reimbursement,
and in such installments, as the Commissioner may determine.
OSUITS BY THE
ATTORNEY GENERAL
OOOSEC. 407.
(a) Whenever the Attorney General receives a complaint in writing--
OOOOO(1) signed by a parent or group of
parents to the effect that his or their minor children, as members of
a class of persons similarly situated, are being deprived by a school
board of the equal protection of the laws, or
OOOOO(2) signed by an individual, or his
parent, to the effect that he has been denied admission to or not
permitted to continue in attendance at a public college by reason of
race, color, religion, or national origin, and the Attorney General
believes the complaint is meritorious and certifies that the signer or
signers of such complaint are unable, in his judgment, to initiate and
maintain appropriate legal proceedings for relief and that the
institution of an action will materially further the orderly
achievement of desegregation in public education, the Attorney General
is authorized, after giving notice of such complaint to the
appropriate school board or college authority and after certifying
that he is satisfied that such board or authority has had a reasonable
time to adjust the conditions alleged in such complaint, to institute
for or in the name of the United States a civil action in any
appropriate district court of the United States against such parties
and for such relief as may be appropriate, and such court shall have
and shall exercise jurisdiction of proceedings instituted pursuant to
this section, provided that nothing herein shall empower any official
or court of the United States to issue any order seeking to achieve a
racial balance in any school by requiring the transportation of pupils
or students from one school to another or one school district to
another in order to achieve such racial balance, or otherwise enlarge
the existing power of the court to insure compliance with
constitutional standards. The Attorney General may implead as
defendants such additional parties as are or become necessary to the
grant of effective relief hereunder.
OOO(b) The Attorney General may deem a
person or persons unable to initiate and maintain appropriate legal
proceedings within the meaning of subsection (a) of this section when
such person or persons are unable, either directly or through other
interested persons or organizations, to bear the expense of the
litigation or to obtain effective legal representation; or whenever he
is satisfied that the institution of such litigation would jeopardize
the personal safety, employment, or economic standing of such person
or persons, their families, or their property.
OOO(c) The term "parent" as
used in this section includes any person standing in loco parentis. A
"complaint" as used in this section is a writing or document
within the meaning of section 1001, title 18, United States Code.
OOOSEC. 408.
In any action or proceeding under this title the United States shall
be liable for costs the same as a private person.
OOOSEC. 409.
Nothing in this title shall affect adversely the right of any person
to sue for or obtain relief in any court against discrimination in
public education.
OOOSEC. 410.
Nothing in this title shall prohibit classification and assignment for
reasons other than race, color, religion, or national origin.
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