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Understanding Title VI Discrimination

English Language Learner Students

The Section is charged with enforcing the Equal Educational Opportunities Act of 1974 (EEOA). Section 1703(f) of the EEOA requires school districts to take action to overcome language barriers that impede English Language Learner (ELL) students from participating equally in state and district educational programs. Title VI investigates complaints that school districts are not providing adequate services to ELL students or are failing to take appropriate action in other ways.

Although section 1703(f) of the EEOA does not require schools to adopt a particular type of language acquisition program, courts generally consider three factors to assess the adequacy of such a program:

  • whether the school's program is based upon sound educational theory or principles;
  • whether the school's program is reasonably calculated to implement the educational theory effectively; and
  • whether, after a period of time sufficient to give the program a legitimate trial, the results of the program show that language barriers are actually being overcome.

Examples of conditions that may violate the EEOA include when a school district does the following:

  • fails to provide a language acquisition program to its ELL students or fails to provide adequate language services to its ELL students;
  • fails to provide resources to implement its language acquisition program effectively (e.g., an ESL program lacks ESL teachers or ESL materials);
  • fails to take steps to identify students who are not proficient in English;
  • exits ELL students before the students acquire English proficiency from ELL services;
  • fails to communicate meaningfully with non-English-speaking or limited-English-speaking parents and guardians of ELL students by not providing such parents and guardians with written or oral translations of important notices or documents;
  • fails to provide language acquisition assistance to ELL students because they receive special education services, or fails to provide special education services to ELL students when they qualify for special education services; and
  • excludes ELL students from gifted and talented programs based on their limited English proficiency.

 
Religious Discrimination

Title IV of the Civil Rights Act of 1964 authorizes the Attorney General to address certain equal protection violations based on religion, among other bases, in public schools and institutions of higher education. The Educational Opportunities Section works to ensure that all persons regardless of their religion are provided equal educational opportunities. This includes addressing discrimination and harassment on the basis of religion and spans all religious affiliations. For examples, view the OCR cases list.
 
Race and/or National Origin Discrimination

The Civil Rights Act of 1964 prohibits discrimination in several areas, including housing, employment, and education. Title VI specifically prohibits discrimination by recipients of federal funds on the basis of race, color, and national origin, and prohibits, among other conduct, deliberate segregation on the basis of race, color, and national origin. For examples, view the OCR cases list.
 
Sex/Gender-Based Discrimination

Title IV of the Civil Rights Act of 1964 authorizes the Attorney General to address certain equal protection violations based on sex, among other reasons, in public schools and institutions of higher education. In this area, CSD's work includes addressing sex-based discrimination, including sexual harassment, harassment based on not conforming with gender stereotypes, and unequal athletic participation opportunities for students. For examples, view the OCR cases list.