42 U.S.C. § 2000d–5 | Prohibited deferral of action on applications by local educational agencies seeking Federal funds for alleged noncompliance with Civil Rights Act

20 U.S.C. 6301September 30, 19501

1 See References in Text note below.

20 U.S.C. 331 42 U.S.C. 2000d 42 U.S.C. 2000d–1ProvidedPublic Law 88–352The Secretary of Education shall not defer action or order action deferred on any application by a local educational agency for funds authorized to be appropriated by this Act, by the Elementary and Secondary Education Act of 1965 [ et seq.], by the Act of   (Public Law 874, Eighty-first Congress) or by the Cooperative Research Act [ et seq.], on the basis of alleged noncompliance with the provisions of title VI of the Civil Rights Act of 1964 [ et seq.] for more than sixty days after notice is given to such local agency of such deferral unless such local agency is given the opportunity for a hearing as provided in section 602 of title VI of the Civil Rights Act of 1964 [], such hearing to be held within sixty days of such notice, unless the time for such hearing is extended by mutual consent of such local agency and the Secretary, and such deferral shall not continue for more than thirty days after the close of any such hearing unless there has been an express finding on the record of such hearing that such local educational agency has failed to comply with the provisions of title VI of the Civil Rights Act of 1964: , That, for the purpose of determining whether a local educational agency is in compliance with title VI of the Civil Rights Act of 1964 (), compliance by such agency with a final order or judgment of a Federal court for the desegregation of the school or school system operated by such agency shall be deemed to be compliance with such title VI, insofar as the matters covered in the order or judgment are concerned.

Pub. L. 89–750, title I, § 182Nov. 3, 196680 Stat. 1209 Pub. L. 90–247, title I, § 112Jan. 2, 196881 Stat. 787 Pub. L. 96–88, title III, § 301(a)(1)Oct. 17, 197993 Stat. 677 Pub. L. 103–382, title III, § 392(b)(1)Oct. 20, 1994108 Stat. 4026(, , ; , , ; , title V, § 507, , , 692; , , .)

Editorial Notes

References in Text

Pub. L. 89–750Nov. 3, 196680 Stat. 1191 section 6301 of Title 20This Act, referred to in text, is , , , known as the Elementary and Secondary Education Amendments of 1966. For complete classification of that Act to the Code, see Short Title of 1966 Amendment note set out under , Education, and Tables.

Pub. L. 89–10Apr. 11, 196579 Stat. 27 section 6301 of Title 20The Elementary and Secondary Education Act of 1965, referred to in text, is , , , which is classified generally to chapter 70 (§ 6301 et seq.) of Title 20. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

September 30, 1950act Sept. 30, 1950, ch. 1124 64 Stat. 1100 Pub. L. 103–382, title III, § 331(b)Oct. 20, 1994108 Stat. 3965Act of , referred to in text, is , , popularly known as the Educational Agencies Financial Aid Act, which was classified generally to chapter 13 (§ 236 et seq.) of Title 20 prior to repeal by , , . For complete classification of this Act to the Code, see Tables.

act July 26, 1954, ch. 576 68 Stat. 533July 1, 1975section 402(c)(1) of Pub. L. 93–380Aug. 21, 197488 Stat. 544The Cooperative Research Act, referred to in text, is , , which was classified generally to chapter 15 (§ 331 et seq.) of Title 20, and terminated on , under provisions of , title IV, , . See section 1851 et seq. of this title. For complete classification of this Act to the Code, see Tables.

Pub. L. 88–352July 2, 196478 Stat. 241 section 2000a of this titleThe Civil Rights Act of 1964, referred to in text, is , , . Title VI of the Act is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Section was enacted as part of the Elementary and Secondary Education Amendments of 1966, and not as part of the Civil Rights Act of 1964, title VI of which comprises this subchapter.

Amendments

Pub. L. 103–382September 23, 1950September 23, 19501994—, which directed amendment of this section by striking out “by the Act of (Public Law 815, 81st Congress),”, was executed by striking out “by the Act of (Public Law 815, Eighty-first Congress),” before “or by the Cooperative” to reflect the probable intent of Congress.

Pub. L. 90–2471968— inserted proviso.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 89–750, title I, § 191Nov. 3, 196680 Stat. 1210

lsection 241d of Title 20June 30, 1966“The provisions of this title [enacting this section and sections 241m, 871 to 880, and 886 of Title 20, Education, amending sections 241b, 241c, 241e, 241f, 241g, 241h, 241j, 241k, 241, 244, 331a, 332a, 332b, 821, 822, 823, 841, 842, 843, 844, 861, 862, 863, 864, 883, and 884 of Title 20, repealing , and enacting provisions set out as notes under sections 241a, 241b, and 241c of Title 20] shall be effective with respect to fiscal years beginning after , except as specifically provided otherwise.”

, , , provided that:

Transfer of Functions

Pub. L. 96–88“Secretary of Education” and “Secretary” substituted in text for “Commissioner of Education” and “Commissioner”, respectively, pursuant to sections 301(a)(1) and 507 of , which are classified to sections 3441(a)(1) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education of Department of Health, Education, and Welfare to Secretary of Education.