DISCRIMINATION IN SCHOOLS - CIVIL RIGHTS LAW

Discrimination in Schools - Educational Opportunities

The Supreme Court's landmark decision in Brown v. Board of Education held that the intentional segregation of students on the basis of race in public schools was a violation of the U. S. Constitution. Subsequent federal legislation and court decisions mandate that school officials not discriminate against students on the basis of gender, language barrier, or disabilities. Thus, the work of the Educational Opportunities Section covers a variety of legal issues involving both elementary and secondary schools and institutions of higher education.

The Section enforces Title IV of the Civil Rights Act of 1964, the Equal Education Opportunity Act of 1974, and Title III of the Americans with Disabilities Act as well as other statutes such as Title VI and Title IX of the Civil Rights Act, Section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act, and Title II of the Americans with Disabilities Act upon referral from other governmental agencies.

The Section may intervene in private suits which allege violations of education related anti-discrimination statutes and the Fourteenth Amendment to the Constitution. The Section also represents the Department of Education in lawsuits filed either against or on behalf of the Secretary of Education.

Among the Section's most important priorities is its responsibility to monitor approximately 500 school districts currently covered by desegregation orders in over 200 desegregation cases in which the United States is a party. To ensure that districts comply with their obligations, the Section routinely reviews such issues as student assignment, transportation procedures, faculty hiring and placement, the availability of equitable facilities, and the distribution of district resources.

As a result of its compliance activities, the Section regularly achieves a number of consent decrees and favorable decisions that enhance desegregation in affected school districts.

» Cases -- Cases and court filings
» How to file a complaint - If you have been discriminated against

Frequently Asked Questions

For the answers to these questions just click on the links.

» How does the Educational Opportunities Section (EOS) get involved in a case?
» What is the relationship between the Department of Education's Office for Civil Rights (OCR) and EOS?
» What is the Civil Rights Act of 1964?
» What is the Equal Educational Opportunities Act of 1974?
» What is Section 504 of the Rehabilitation Act of 1973?
» What is the Individuals with Disabilities in Education Act?
» What is the Americans with Disabilities Act?
» My children and I are not U.S. citizens. Are they prohibited from attending public schools?

»  For more questions and answers Click Here