U.S. Department of Education/Office for Civil Rights: Title VI and Education. Last
Update: 09/23/97
Schools Displaying Racial Mascots by State
NATIONAL CIVIL RIGHTS OFFICE
Title VI and Education
[Material below quoted from the above source...Ish]
The laws protecting students from discrimination on the basis of race, color, or national origin
provide that schools may not discriminate in assigning students to schools, classes, or ability
groups and tracks in programs or activities that receive federal financial assistance.
The general prohibition against such discrimination is found in Title VI of the Civil
Rights Act of 1964 which states that: No person in the United States shall, on
the ground of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving federal
financial assistance.
Under the Department of Education Title VI regulation (34 C.F.R. Part 100), practices of
discrimination which are prohibited, when based on race, color, or national origin, include:
- Providing services, financial aid, or other benefits that are different or provided in a
different manner
- Restricting an individuals' enjoyment of an advantage or privilege enjoyed by others
- Denying an individual the right to participate in federally assisted programs
- Defeating or substantially impairing the objectives[emphasis mine] of federally assisted programs
These Title VI regulatory requirements have also been interpreted to prohibit denial of equal
access to education because of a student's limited proficiency in English. This Title VI
protects those students limited in their English language skills such that they are unable to
participate in, or benefit from, regular or special education school instructional programs.
OCR initiates compliance reviews to determine whether or
not federally funded institutions are complying with the civil rights laws
that OCR enforces. OCR selects institutions for review based on information
from such sources as survey data, interest groups, the media, and the
general public that may indicate potential compliance problems.
OCR compliance reviews involve investigation into such issues as:
- Within-school discrimination
- Equal education opportunity for students with limited English skills
- Ability grouping that results in segregation on the basis of race and
national origin
- Racial harassment in education institutions
- Equal education opportunities for pregnant students
- Appropriate identification of special education and related services for
certain student populations, such as homeless children with handicaps
- Discrimination on the basis of sex in athletic programs.
For more information, visit our Products And Publications page to see key documents pertaining to Title VI and affirmative action. You
may also request OCR publications titled Student
Assignment In Elementary And Secondary Schools & Title VI, and The Provision
of an Equal Education Opportunity To Limited English Proficient Students. For a
complete understanding of the legal requirements of Title VI, please consult the Title VI
regulation.
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