Racial Discrimination in Education

The United States Supreme Court ruled in 1954 that segregation of public schools by race or color was illegal. Specifically, the Court stated that the doctrine of "separate but equal" schools was unconstitutional. A decade later, Congress enacted the Civil Rights Act of 1964, which, among other things, made it illegal for federally funded schools to discriminate in programs or activities against students based on race, color, national origin, or religion.

In 2003, the Court considered two cases involving race-conscious admissions policies. The Court held that although colleges and universities could consider race in making college admission decisions, the schools had to treat the applicants as individuals. While such factors could be used in making admissions decisions, the factors had to be applied in a flexible manner.

Prohibited discriminatory actions

Federal regulations have been promulgated pursuant to Title VI of the Civil Rights Act of 1964. These regulations prohibit discriminatory actions, including the following, by schools that receive federal funding:

• refusal of any service, financial aid, or other program benefit;
• provision of a different service, financial aid, or benefit to an individual;
• segregation or separate treatment of an individual; and
• different treatment of an individual in determining whether he or she meets admission, membership, or other condition required for provision of any service, financial aid, or other benefit.

Issues of concern for federally funded schools

Any school--public or private--that receives federal financial assistance must conform to the requirements of the various federal laws that prohibit or remedy discrimination in education. Such laws include Title VI, the Rehabilitation Act of 1973, and the Americans with Disabilities Act. A federally funded school, in consideration of the provisions of Title VI, must consider various issues, including the following:

• assessment methods and tools used for the placement of minority students in schools, classes, and programs of study;
• provision of services for those students with limited English proficiency;
• percentage of minority students in special education and gifted and talented programs;
• racial balance or segregation of classrooms;
• different treatment of students based on race, color, or national origin; and
• admissions procedures.

Does Title VI apply to private schools?

The provisions of Title VI of the Civil Rights Act of 1964 apply to those private schools that accept federal funding, either directly or indirectly. For example, a religious school receives and accepts a technology grant from the United States Department of Education. By virtue of doing so, the religious school is considered to be a recipient of federal financial assistance. As a result, the religious school must follow the requirements of Title VI, as well as all other applicable federal laws and regulations.

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