Have you ever faced discrimination while going to school? You may be legally protected. Students shouldn't have to face discrimination while seeking educational opportunities. Many schools may not be aware of the discrimination. They may change their ways if it's brought to their attention. However, some schools may have to be forced into changing their ways.

There are a variety of federal laws that protect students from discrimination. Some of the most important laws include:

  • Equal Educational Opportunities Act (EEOA)
  • Americans with Disabilities Act (ADA)
  • Individuals with Disabilities Education Act (IDEA)
  • Rehabilitation Act

Equal Educational Opportunities Act (EEOA)

The EEOA prevents certain discriminatory conduct. It applies to teachers, staff and students. It prohibits public elementary and secondary schools from:

  • Not taking action to overcome language barriers. These barriers impede equal participation in the school district's educational programs
  • Deliberately segregating on the basis of race, color or national origin
  • Discriminating on the basis of race, color or national origin. This applies to employment, employment conditions and the assignment of faculty and staff
  • Transferring students in order to increase segregation on the basis of race, color or national origin among a district's schools

Americans with Disabilities Act (ADA)

The ADA prevents discrimination based on a disability. A disability is a physical or mental impairment. It must substantially limit a major life activity. Examples include walking, breathing and learning. The ADA applies to education. It provides that schools:

  • Can't discriminate on the basis of disability in the full and equal enjoyment of services, goods, facilities, advantages or accommodations
  • Must not use eligibility criteria that screen out individuals with disabilities from equally enjoying any goods or services unless they can be shown to be needed
  • Must reasonably modify policies and practices to accommodate disabilities unless it would fundamentally change the nature of the goods and services offered to students
  • Must take steps to make sure students with disabilities aren't excluded because of the absence of "auxiliary aids"
  • Must remove architectural barriers where removal is readily achievable

Individuals with Disabilities Education Act (IDEA)

Many special needs children struggle to receive an education. The IDEA requires states and local education agencies to provide a free public education to children with disabilities. Every child is entitled to an education under the law.

Every special needs child has different needs. Public schools are required under the law to create individual plans for each child. These plans are called Individualized Education Programs (IEPs).

Rehabilitation Act

The Rehabilitation Act is another act that prevents discrimination. It was passed in 1973. The standard for a disability is the same as under the ADA. It's an impairment that substantially limits a major life activity.

The act affects certain programs with federal influence. These programs include those run by federal agencies. It also includes programs that receive federal financial assistance.

Students with disabilities are entitled to reasonable accommodations under this law. Many federal laws against discrimination don't apply to private schools. This act applies if the private school receives federal funds.

Questions for Your Attorney

  • Do I have any legal rights if a private school commits discrimination?
  • Does a public school have to provide reasonable accommodations even if it can't afford it?
  • Who do I contact if I am the victim of discrimination at my school?