Why Understanding School Discrimination Matters
Discrimination in educational institutions transcends geographical location, grade level, program, and economic status. Discrimination in schools is often complex and may involve more than individual bias or overt actions. It can affect students, teachers, professors, school staff, and the overall school climate, particularly if the discrimination is embedded in systemic structures and cultural “norms” or narratives. Discrimination in schools, colleges, and/or universities can create unsafe, unwelcoming, or hostile learning environments and violates federal civil rights laws and Pennsylvania state law. In addition to potential legal ramifications, discrimination within educational institutions affects school culture, student mental health, and access to education.
Examples of School Discrimination
It is important to understand what discrimination looks like in a school setting and how to handle it if an incident occurs. Discrimination in schools may include:
- Unequal treatment based on a student’s protected class. Protected classes include race, sex, national origin, age, and disability. In Pennsylvania, state law includes sexual orientation, gender identity or expression, and pregnancy as a protected class. Some state and city ordinances also include marital status and military status as protected classes. Unequal treatment may include unequal grading, expectations, discipline or policies that unfairly disadvantage a specific group.
- Unequal disciplinary actions on the basis of race, color, gender, religion, and other protected classes.
- Denial of an opportunity such as scholarships, program admission, or inclusion in an extracurricular activity due to being a part of a protected class.
- Denial of due process during Title IX or other disciplinary proceedings.
- Title IX violations including, but not limited to, sexual harassment in an educational setting (this may include peer-on-peer harassment or teacher-student harassment)
- Section 504 disability discrimination which includes, but is not limited to, the denial of equal opportunity and access to educational programs and extracurricular activities on the basis of disability. This includes refusing to make reasonable accommodations.
- A school district or school staff member ignoring or denying Individualized Education Programs (IEPs).
- Excluding a student from activities (like school sports or trips) due to their disability.
Key Anti-Discrimination Laws:
- Section 504 of the Rehabilitation Act of 1973: Prohibits discrimination in any program or activity receiving federal funds. It guarantees that students with physical or mental impairments that substantially limit major life activities have equal access to education and activities by requiring educational institutions to provide reasonable accommodations.
- Title II of the Americans with Disabilities Act (ADA): Ensures equal access for individuals with disabilities to all programs, services, and activities (including extracurricular activities) offered by public entities, including public schools, community colleges, and state universities.
- Title III of the Americans with Disabilities Act (ADA): Prohibits discrimination on the basis of disability by “places of public accommodation,” which includes most private K-12 schools and private universities, and requires that students with disabilities are provided with an equal opportunity to participate in or benefit from the school’s goods, services, and facilities. Private schools controlled by religious organizations are exempt from Title III of the ADA.
- Individuals with Disabilities Education Act (IDEA): Guarantees a Free Appropriate Public Education (FAPE) for eligible K-12 students with specific disabilities by requiring Individualized Education Programs (IEPs) with detailed accommodations and services.
- Title VI of the Civil Rights Act of 1964: Prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving federal funds.
- Title IX of the Education Amendments of 1972: Bans discrimination based on sex. This covers sex discrimination in everything from athletics to sexual harassment in federally funded education programs.
- The Pennsylvania Human Relations Act (PHRA): Prohibits discrimination in education and places of public accommodations based on race, color, religion, ancestry, sex, national origin, age, disability, or use of guide/support animals. Under the PHRA, colleges, universities, public schools, and in some instances, private schools, are considered places of public accommodation.
Enforcement of Anti-Discrimination Laws
The U.S. Department of Education’s Office of Civil Rights and the U.S Department of Justice are federal agencies tasked with enforcing federal anti-discrimination laws and federal civil rights laws. These federal agencies investigate formal complaints of discrimination in education to ensure school safety and equal access, among other things, for those attending educational programs that receive federal financial assistance. These U.S. Departments investigate violations of Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Title II of the Americans with Disabilities Act, and Title VI of the Civil Rights Act.
The Pennsylvania Human Relations Commission (PHRC) is Pennsylvania’s civil rights enforcement agency. It promotes equal opportunity, equal access, and enforces Pennsylvania’s state anti-discrimination laws.
Pennsylvania’s Office for Dispute Resolution (ODR) provides resources for families and educational agencies to resolve educational disputes for children served by the early intervention system, students who are gifted (or thought to be gifted), and students with disabilities (or thought to have disabilities). ODR is a federally-funded project under the Individuals with Disabilities Education Act. It provides facilitations, mediations and due process hearings for all students with disabilities.
In addition to the U.S. Department of Education’s Office of Civil Rights, the U.S Department of Justice, the PHRC, and ODR, claims of violations of federal law or state law may be brought before the appropriate federal or state court.
Formal Complaint Process
If discrimination occurs in an educational setting, whether it is in a K-12 school or at the college or graduate school level, there may be procedures to follow, depending on the situation and type of discrimination. In some situations, filing a formal complaint or grievance with the school, school district, or the designated school staff is the best first step.
In other situations, if negotiations through legal counsel are unsuccessful, a complaint may be filed with the U.S. Department of Education’s Office of Civil Rights, the Pennsylvania Human Relations Commission, and/or Pennsylvania’s Office for Dispute Resolution. Legal counsel will help guide you to which state or federal agency best serves your interests and goals, and ensure all legal requirements are met.
Frequently Asked Questions Regarding Discrimination in School
How is discrimination defined?
A: It is generally defined as treating someone differently or less favorably than others because of the person’s membership in a protected class.
What are protected classes?
A: Protected classes include race, color, religion, sex, ethnicity, national origin, age, and disability.
How do I know what my school district’s or university’s policies regarding discrimination and how it is addressed include?
A: In Pennsylvania, the school district’s governing school board develops, proposes, and publishes school district policies that typically include anti-discrimination policies and definitions. The policies should be available on your respective school district’s official website. For colleges and universities, the student handbook should have clear policies delineated.
How is disability discrimination defined?
A: Section 504 of the Rehabilitation Act of 1973 defines discrimination as denying any qualified individual with disabilities full and equal access to the benefits provided by the program or activity receiving funding from the federal government. As it relates to education, this means that under federal law a qualified person with a disability must be provided with reasonable accommodations and appropriate modifications to ensure meaningful participation, inclusion, and equal access to their education or extra-curricular activities.
How do I know if my child’s school has to follow Section 504?
A: If your child’s school receives federal financial assistance from the federal government, it must follow Section 504. Typically, public schools, school districts, colleges, and universities receive some form of federal funding.
How do I know what my school district’s or university’s policies regarding Title IX, including sexual harassment, include?
A: In Pennsylvania, the school district’s governing school board develops, proposes, and publishes school district policies that typically include anti-sexual harassment policies and definitions. The policies should be available on your respective school district’s official website. For colleges and universities, the student handbook should have clear policies and procedures delineated. If your school receives federal funds, it must comply with Title IX.
What does Title IX of the Education Amendments Act of 1972 cover?
A: Title IX prohibits sex-based discrimination in any education program or activity that receives federal funds. It covers issues like sexual harassment, sexual assault, pregnancy discrimination, equal athletic opportunity, and discrimination against LGBTQI+ individuals ensuring fair treatment for all genders in academics, sports, and school environments.
What happens when Title IX is violated?
A: If there is an allegation that Title IX was violated, a formal complaint needs to be made to or by the educational institution. Then, an investigation may occur. Title IX proceedings must be conducted in accordance with federal law. A school must follow the procedures delineated in Title IX of the Education Amendments Act of 1972 and afford both the complainant and respondent specific rights. If you believe your due process rights have been violated during a Title IX proceeding, we urge you to seek guidance from legal counsel.
How do I know if my child or I have been discriminated against in a school setting?
A: Discrimination cases vary greatly based on the facts of each individual case. To best understand if what happened to you or a loved one is discrimination under the law, you should consult with an attorney experienced in analyzing and handling cases involving discrimination in schools.
How Cherkas Metcalfe Law Supports Students and Families
Cherkas Metcalfe Law is a trusted firm in the Philadelphia area and surrounding counties with extensive education advocacy experience identifying and remedying discrimination in pre-schools, schools, colleges, and universities. Whether your matter involves Title IX proceedings, failures to accommodate, sexual harassment, Section 504 disability discrimination, or other forms of discrimination, we are here to support you. Our dedicated team will guide you step by step while zealously advocating to ensure your discrimination case is resolved and remediated.
You can find more information about Cherkas Metcalfe Law and how we can advocate for you, your child, or loved one by submitting a contact form through our official website where all of our contact information is provided. You can also call Cherkas Metcalfe Law directly by dialing 484.873.8010 or email our firm’s paralegal, Caitlyn, at caitlyn@cmstudentlaw.com. Read our client testimonials to learn about the outcomes we’ve achieved for students and families.
Schedule a free consultation with Cherkas Metcalfe today or call our phone number at 484-873-8010. We look forward to advocating for you and your child.
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