Education Discrimination
Under the Equal Education Opportunity Act you are protected from discrimination in public elementary and secondary schools, as well as public colleges. This law not only protects the children in the schools, but also the faculty and staff who work and teach at the school. The Department of Education enforces this law.
In an educational institution you are protected from discrimination on the basis on race, color, national origin, sex/gender, disability, age, religion/creed, sexual orientation, and retaliation.
In an educational institution you are protected from discrimination on the basis on race, color, national origin, sex/gender, disability, age, religion/creed, sexual orientation, and retaliation.
- Race, Color, and National Origin: Everyone belongs to a certain group of people based on physical and cultural characteristics. You cannot be treated differently in schools because of the group you belong to, the color of your skin, the language you speak, or where you (or your ancestors) were born. The Equal Education Opportunities Act prohibits segregation based on race, color, or national origin. It is the law that a school do their best to overcome language barriers so that all students can receive equal education. Also, a child does not have to be a citizen of the United States to receive education. Every child legally has a right to free public school where they live.
- Sex/Gender: You cannot be treated differently in schools because you are a male or a female. There is also a law regarding the equal distribution of federal funds to all programs. This includes athletics in order to give equal opportunities to males and females.
- Disability: Discrimination in schools based on mental or physical disability is illegal. The Individuals with Disabilities in Education Act (IDEA) makes sure all children are given free and appropriate education even if they have a disability. Children with disabilities also have the right to be included in all public school activities because of the Americans with Disabilities Act (ADA).
- Age: If you are over the age of 18 you cannot be treated differently because of you age.
- Religion/Creed: You have the freedom to believe in and worship whatever and wherever you wish. However, if the school is owned (even partially) by a religious organization they are allowed to treat people differently based on religion. So, private schools do not have to follow this specific law unless they are receiving federal funding.
- Sexual Orientation: You may choose any partner (male or female) that you wish and cannot be treated differently because of it. This also prohibits discrimination based on your gender identity. However, if the school is owned (even partially) by a religious organization they are allowed to treat people differently based on sexual orientation or gender identity.
- Retaliation: It is illegal to treat you differently because you filed a complaint of discrimination or participated in a discrimination case in the past.
What is education discrimination?
- You are told your child cannot attend a public school because they are not a United States citizen.
- You are told your child cannot attend public school because he or she does not speak English.
- Your child's disability (mental or physical) is not accommodated for.
What is not education discrimination?
- Having a girl play on a "girls only" basketball team: As long as there are equivalent sporting teams for boys and girls, the school can have "girls only" and "boys only" teams. However, if there is not an equivalent sport (boys volleyball) the school must allow the child to play the sport.
