2

1 "(b) Public school' means any elementary or sec2 ondary educational institution, which is operated by a State, 3 subdivision of a State, or governmental agency within a 4 State, or any elementary or secondary educational institu5 tion which is operated, in whole or in part, from or through 6 the use of governmental funds or property, or funds or prop7 erty derived from a governmental source.

8

"(c) School board' means any agency which admin

9 isters a system of one or more public schools and any other 10 agency which is responsible for the assignment of students to

11

12

or within such system.

"(d) 'Student' means any person required or permitted

13 by State law to attend a public school for the purpose of 14 receiving instruction.

15

"(e) 'Parent' means any parent, adoptive parent, guard

16 ian, or legal or actual custodian of a student.

17 "(f) Faculty' means the administrative and teaching

18 force of a public school system or a public school.

19

66

(g) 'Freedom of choice system' means a system for the 20 assignment of students to public schools and within public 21 schools maintained by a school board operating a system of 22 public schools in which the public schools and the classes it 23 operates are open to students of all races and in which the 24 students are granted the freedom to attend public schools and 25 classes chosen by their respective parents from among the

3

1 public schools and classes available for the instruction of 2 students of their ages and educational standings.

3 "SEC. 1202. No department, agency, officer, or employee 4 of the United States empowered to extend Federal financial 5 assistance to any program or activity at any public school by 6 way of grant, loan, or otherwise shall withhold, or threaten 7 to withhold, such financial assistance from any such program 8 or activity on account of the racial composition of the student 9 body at any public school or in any class at any public school 10 in any case whatever where the school board operating such 11 public school or class maintains, in respect to such public 12 school and class, a freedom of choice system.

13

17

"SEC. 1203. No department, agency, officer, or em14 ployee of the United States empowered to extend Federal 15 financial assistance to any program or activity at any public 16 school by way of grant, loan, or otherwise shall withhold, or threaten to withhold, any such Federal financial assistance 18 from any such program or activity at such public school to 19 coerce or induce the school board operating such public school 20 to transport students from such public school to any other 21 public school for the purpose of altering in any way the racial 22 composition of the student body at such public school or any other public school.

23

24

"SEC. 1204. No department, agency, officer, or em

25 ployee of the United States empowered to extend Federal

4

1 financial assistance to any program or activity of any public 2 school in any public school system by way of grant, loan, or 3 otherwise shall withhold or threaten to withhold any such 4. Federal financial assistance from any such program or activ5 ity at such public school to coerce or induce any school board 6 operating such public school system to close any public 7 school, and transfer the students from it to another public 8 school for the purpose of altering in any way the racial com9 position of the student body at any public school.

10

"SEC. 1205. No department, agency, officer, or em11 ployee of the United States empowered to extend Federal 12 financial assistance to any program or activity at any public 13 school in any public school system by way of grant, loan, or 14 otherwise shall withhold or threaten to withhold any such 15 Federal financial assistance from any such program or activ16 ity at such public school to coerce or induce the school board 17 operating such public school system to transfer any member of any public school faculty from the public school in which 19 the member of the faculty contracts to serve to some other 20 public school for the purpose of altering the racial composi21 tion of the faculty at any public school.

18

22

23

24

"SEC. 1206. Whenever any department, agency, officer,

or employee of the United States violates or threatens to violate section 1202, section 1203, section 1204, or section

25 1205 of this Act, the school board aggrieved by the vio

5

1 lation or threatened violation, or the parent of any student 2 affected or to be affected by the violation or threatened vio3 lation, or any student affected or to be affected by the vio4 lation or threatened violation, or any member of any fac5 ulty affected or to be affected by the violation or threatened 6 violation may bring a civil action against the United States 7 in a district court of the United States complaining of the 8 violation or threatened violation. The district courts of the 9 United States shall have jurisdiction to try and determine 10 a civil action brought under this section irrespective of the 11 amount in controversy and enter such judgment or issue 12 such order as may be necessary or appropriate to redress 13 the violation or prevent the threatened violation. Any civil 14 action against the United States under this section may be 15 brought in the judicial district in which the school board ag16 grieved by the violation or threatened violation has its prin17 cipal office, or in the judicial district in which any school 18 affected or to be affected by the violation or threatened vio19 lation is located, or in the judicial district in which a parent 20 of a student affected or to be affected by the violation or 21 threatened violation resides, or in the judicial district in 22 which a student affected or to be affected by the violation or 23 threatened violation resides, or in the judicial district in 24 which a member of a faculty affected or to be affected by the violation or threatened violation resides, or in the judicial

25

6

district. encompassing the District of Columbia. The United 2 States hereby expressly consents to be sued in any civil ac3 tion authorized by this section, and expressly agrees that 4: any judgment entered or order issued in any such civil ac5tion shall be binding on the United States and its offending 6 department, agency, officer, or employee, subject to the right 7 of the United States to secure an appellate review of the 8 judgment or order by appeal or certiorari as is provided by 9 law with respect to judgments or orders entered against the 10 United States in other civil actions in which the United 11. States is a defendant.

12.

"SEC. 1207., No court of the United States shall have

13 jurisdiction to make any decision, enter any judgment, or 1 issue any order requiring any school board to make any 15 change in the racial composition of the student body at any 16. public school or in any class at any public school to which 17. students are assigned in conformity with a freedom of choice 18 system, or requiring any school board to transport any stu19 dents from one public school to another public school or 20 from one place to another place or from one school district to another school district in order to effect a change in the 22 racial composition of the student body at any school or

21

23 place or in any school district, or denying to any student 24 the right or privilege of attending any public school or class 25 at any public school chosen by the parent of such student in