Every student deserves fair and equal educational opportunities.
The Equal Protection Clause of the Fourteenth Amendment to the Constitution guarantees students an equal education.
Additionally, federal laws, including Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974, bar discrimination in the educational system.
Yet, for far too many young people throughout our country, discrimination remains a barrier to fair and equal educational opportunities.
Five Types of Discrimination in the U.S. Education System
1. Race, Color, and National Origin Discrimination
Students should not be treated any less favorably based on their race, color, ethnic background and/or national origin.
Beyond the inherent Constitutional protections for students, Title VI of the Civil Rights Act of 1964 bars racial discrimination in all programs that receive any form of federal financial assistance.
Almost every school, including colleges, in the U.S. receives some federal funding.
2. Sex/Gender Discrimination
Federal law also guarantees students fair and equal educational opportunities on the basis of sex and gender.
A student should not receive any adverse treatment based on their sex or gender, including in things like organized sports.
Title IX of the Education Amendments of 1972 helps to equal funding and fair treatment.
Notably, discrimination based on sexual orientation or gender identity is a form of sex-based discrimination under federal law.
3. English Language Learner Discrimination
There are also federal protections in place designed to prevent discrimination against students who are learning English.
While often linked to race discrimination or national origin discrimination, English language learner discrimination is also a separate and distinct phenomenon.
Section 1703(f) of the Equal Educational Opportunities Act of 1974 (EEOA) requires educational institutions that receive federal funding to provide adequate services to students who are learning the English language.
4. Religious Discrimination
Religious discrimination is another form of discrimination in elementary school, high school, and secondary school.
Students should not have diminished educational opportunities because of their religious backgrounds.
Schools have a basic responsibility to make certain types of religious accommodations to account for the good faith, bona fide religious beliefs of students and their families.
5. Disability Discrimination
Disabled students are no less worthy of fair and equal educational opportunities.
A collection of federal laws, including the Americans with Disabilities Act (ADA) and the Individuals with Disabilities in Education Act (IDEA), require schools to put the proper infrastructure in place for their disabled students.
Notably, IDEA requires state and local educational agencies to provide a “free and appropriate public education to children with disabilities.”
In effect, this means that they must create a plan that actually satisfies the unique individual needs of a disabled student.
Get Help From a College Discrimination Lawyer
Unfortunately, there is a long history of discrimination in the American school system.
While significant strides have been made, there is still more work to be done to eliminate discrimination.
If you or your child was the victim of discrimination in the U.S. education system, please do not hesitate to reach out to an experienced school discrimination lawyer for help.