Students Rights -- Equal Protection And Discrimination
“. . . No state shall . . . deny to any person within its jurisdiction the equal protection of the laws.”
-- U.S. Constitution, Amendment XIV, Section 1
In the United States, all young people have the right to a free public education. Each student must have equal access to the opportunities his or her school provides. Reasonable restrictions may be based on access to certain classes or activities (for example, you may have to take algebra before you can take trigonometry, or to be in good physical condition before you can play soccer). In the 1997 Brigham v. State decision, the Vermont Supreme Court said that the Vermont Constitution also required all Vermont schoolchildren to have substantially equal educational opportunities. The result of the Brigham decision was to change the way schools are funded so all districts have equal access to school funds.
Even non-citizens who are in the United States illegally have the right to attend public school. Youth who do not speak English also have the right to attend public schools, and schools are required to provide them with English language instruction or a bilingual education or both. Students who think they or someone they know is being discriminated against in school should talk to an adult who can help, such as a teacher, school counselor, or lawyer. Or contact the ACLU.
1. Can schools discriminate against students because of their race, gender, religion or sexual orientation?
No. In 1955, the U.S. Supreme Court, in Brown v. Board of Education , established that racial discrimination in public schools is a violation of the Fourteenth Amendment. This applies to all school activities including enrollment in classes, extracurricular activities, and clubs.
Sexual discrimination is also illegal. Title IX of the federal Education Amendments of 1972 as well as Vermont law prohibits sex discrimination in schools. Public schools cannot offer academic classes that are only for one sex. Girls and boys must be provided with all the same educational and extracurricular opportunities, including equal athletic opportunities. However, many courts have allowed separate athletic teams for boys and girls, so long as schools provide both sexes with the opportunity to participate in a particular sport.
The First Amendment protects students’ right to free exercise of religion. Students can’t be prevented from attending public school, excluded from any school group, or denied access to school property because of their religion. Students also have the right to wear symbols of their religion and cannot be sent home for doing so.
Vermont’s Public Accommodations Act bars discrimination in places that provide public services, including schools. It, along with other laws, contains provisions designed to prevent discrimination and harassment. These provisions say a student can’t be treated differently, or harassed, because of his or her race, religion, color, national origin, marital status, sex, sexual orientation or preference, or disability. (These classifications are sometimes referred to as “protected classes” because people within these groups have special protections from discrimination under the law.)
Before schools can take steps to stop discrimination or harassment, though, they have to know about it. When a school receives a complaint of harassment, it is required to look into it and take steps to protect you from further harassment. Remember to look at your school’s policy and follow the process for raising a complaint. Keep careful notes about what happened, when it happened, who was involved, and when you reported it.
Note that harassment is different from bullying or hazing. Investigations of complaints about each of these kinds of misconduct vary, as do possible consequences -- something even some school officials are sometimes not aware of.
Generally speaking:
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Harassment is conduct (speech and actions) intended to disparage someone based on their race, gender, religion, ethnic origin, sexual orientation or preference, marital status, or disability.
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Hazing is humiliating and demeaning acts forced on others before they are accepted into a group, such as a sports team or a fraternity.
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Bullying is conduct meant to hurt or humiliate any student in any way.
Efforts to protect students from offensive conduct can sometimes collide with First Amendment rights. A federal court ruled in a Pennsylvania case, Saxe v. State College Area School District, that a Bible passage condemning homosexuality could not be considered harassment when printed on a student’s T-shirt. A gay student may find the slogan demeaning and offensive, but the other student’s religious expression rights trump perceived harassment, the court said. Other courts have ruled differently in similar types of cases, however. More litigation is likely.
If you have reported harassment by a student, teacher, or staff member and the school has done nothing, contact the Vermont Human Rights Commission or the ACLU for assistance. You may also contact us if you think your free speech rights have been violated.
2. Can schools offer certain sports programs only to boys or girls?
Sports programs remain one of the few areas in which schools may operate separate programs for boysand girls. If a school chooses to maintain separate athletic programs, federal and state laws require the school to ensure that boys and girls have an equal opportunity to participate. Illegal discrimination can result if your school does not provide the same number of opportunities or roster spots proportionate to the number of boys and girls enrolled at the school.
A school that offers separate athletic teams for male and female students must also ensure that both boys and girls receive “equitable treatment.” This means that all student athletes should have comparable benefits regardless of gender: locker rooms, practice and competitive facilities, publicity, equipment and supplies (i.e., uniforms), transportation, coaching, scheduling of games, and practice times.
If you believe you or your team is not being treated the same as another team of the opposite sex, you may have a discrimination complaint. Speak with others on your team to see if they feel the same way. Every school is required to have a written procedure for responding to discrimination complaints filed by student athletes. There should be information posted in your school and also printed in your handbook about how you can make a complaint. If you cannot find it, ask a teacher or principal to give you a copy and explain the process to you.
If you have filed a complaint about discrimination in an athletic program and the school has done nothing, call the Vermont Human Rights Commission or the ACLU for assistance.
3. What about other kinds of programs? Can classes be segregated by sex?
U.S. law (Title IX of the federal Civil Rights Act) forbids sex discrimination in academic and other high school programs. All courses and other school-related activities must be open to both boys and girls.
4. Can I bring a date of the same sex to the school prom?
If your school allows couples at the prom or other school functions, it should allow same-sex couples. Additionally, you should be able to wear what you wish, so long as it does not cause substantial or material disruption. Dress choices apply to transgender individuals as well.
5. Can I be denied a public education because of my immigration status?
All children living in the U.S. -- whether they are U.S. citizens or not -- have a right to a public education.Schools cannot refuse you admission based on your immigration status. In fact, the school cannot require you or your parents to provide a green card, Social Security number, or other proof of citizenship or immigration status for you to go to school. If you do not have a Social Security number, the school can assign you a number generated by the school for identification purposes. U.S. immigration laws are enforced by federal officials, not local school officials.
6. What if my primary language is not English?
Studentswho are still learning English have the right to transitional bilingual instruction or an alternative program designed to help them learn English. “Transitional bilingual instruction” means instruction where concepts are introduced in a student’s primary language and reinforced in English. Students are then tested in English. Whatever program a school provides, the student should be able to keep learning in other school subjects, such as math, history and science, while learning English.
Schools are also required to send letters and notices to parents in their primary language whenever it is practical. Parents should get written notices in their primary language, especially important notices relating to school discipline, school attendance, and special education. Parents should also be able to talk with a student’s teacher or principal, with a translator if necessary.
7. What if I have special needs or am disabled?
Students with mental, physical, or learning disabilities are entitled to a free and appropriate education. A federal law called the Individuals with Disabilities in Education Act (IDEA) requires schools to provide special education and related services to students with disabilities. Schools are required to try to make the school, as a whole, accessible to all students, and must provide evaluations, free of charge, to determine whether a child is eligible for special education services. Schools must develop Individualized Education Plans (IEPs) for students with disabilities, tailored to their particular needs. To the extent practicable, schools must provide services that allow students with disabilities to learn in the regular classroom alongside their peers.
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