In addition to authorizing the OCR to investigate and try to negotiate remedies, or refer cases for administrative law proceedings to cut off federal funding or court proceedings pursued by the Department of Justice, Title IX also gives individuals a private right of action to bring a lawsuit for injunctive or monetary relief.
The latter is only available for cases involving intentional sex discrimination. In addition to Title IX, many other federal laws prohibit education discrimination on the basis of protected characteristics, including race, age, and national origin. Title VI prohibits educational institutions from discriminating on the basis of race, color, or national origin.
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Title II provides comprehensive civil rights protection to qualified individuals who have disabilities, and it requires state and local governments to make reasonable modifications to any policies or practices that deny equal access to individuals with disabilities, except if a fundamental alteration to the program would result. The Individuals with Disabilities Education Act IDEA is the primary law covering special education, which gives disabled children equal access to the education system. Disabilities under IDEA include mental retardation, autism, vision impairment, speech impairment, hearing impairment, emotional disturbance, traumatic brain injury, learning disabilities, and other impairments as defined by the law.
IDEA allows students with specialized needs to have individualized education plans developed. Additionally, IDEA provides for an impartial administrative process for families of disabled students to resolve disputes with the school district. There have been substantial legal changes to public education over the last several decades. Most education reform has been led by the states, and each state has different laws in this area, addressing issues such as charter schools or bullying.
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Parents with children in low-performing schools are allowed to send their children to better-performing schools in other districts. As of , states have been allowed to obtain a waiver of the NCLB in exchange for agreeing to implement other serious educational reforms regarding their academic standards, assessments, and accountability systems. Last updated April Children with special needs have a right to an individualized education program and other benefits.
Federal laws do not expressly protect LGBTQ students from discrimination in schools, but they do have some legal rights. Justia Education Law Education Law. Discrimination in Education In addition to Title IX, many other federal laws prohibit education discrimination on the basis of protected characteristics, including race, age, and national origin. Special Education The Individuals with Disabilities Education Act IDEA is the primary law covering special education, which gives disabled children equal access to the education system.
Education Reform There have been substantial legal changes to public education over the last several decades. Discrimination in Education. Programs that receive federal funding cannot discriminate in providing services or benefits. Special Education. Title VI. This federal law prohibits discrimination in education based on race, national origin, or color. Title IX of the Education Amendments of prohibits sex discrimination and sexual harassment when they are engaged in education programs and activities that receive federal financial assistance.
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The First Amendment establishes the framework for resolving some of these dilemmas by defining certain critical rights and responsibilities. It protects the freedom of speech, thought, and inquiry, and requires respect for the right of others to do the same. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. The first provision of the Bill of Rights protects the rights essential to a democratic society and most cherished by Americans: the right to speak and worship freely, the right to assemble and petition government, and the right to a free press.
It embodies human rights that are celebrated throughout the world. However, the First Amendment applies somewhat differently in schools than it does in many other public institutions. As many commentators have observed, a democracy relies on an informed and critical electorate to prosper. Schools must, of course, convey skills and information across a range of subject areas for students of different backgrounds and abilities. Given the complexity of these responsibilities, school officials are generally accorded considerable deference in deciding how best to accomplish them.
Des Moines , speech is not quite as free inside educational institutions as outside. This does not mean that students and teachers have no First Amendment rights at school. Quite the contrary. Students cannot claim, for instance, that they have the right to have incorrect answers to an algebra quiz accepted as correct, nor can teachers claim a right to teach anything they choose.
Censorship is not easy to define. Alternatively, many censors attempt to suppress speech simply because they disagree with it. In many countries, censorship is most often directed at political ideas or criticism of the government. Advocates for censorship often target materials that discuss sexuality, religion, race and ethnicity—whether directly or indirectly. There are practical and educational as well as legal reasons to adhere as closely as possible to the ideals of the First Amendment.
School districts such as Panama City, Florida, and Hawkins County, Tennessee, have been stunned to find that acceding to demands for removal of a single book escalated to demands for revising entire classroom reading programs. Other jurisdictions have been pressed to revise the science curriculum, the content of history courses, sex education, drug and alcohol education, and self-esteem programs. Experience has shown far too many times that what appears to be capitulation to a minor adjustment can turn into the opening foray of a major curriculum content battle involving warring factions of parents and politicians, teachers, students and administrators.
Teachers, principals, and school administrators make decisions all the time about which books and materials to retain, add or exclude from the curriculum. They are not committing an act of censorship every time they cross a book off of a reading list, but if they decide to remove a book because of hostility to the ideas it contains, they could be. For example, administrators and faculty might agree to take a discussion of evolution out of the second grade curriculum because the students lack sufficient background to understand it, and decide to introduce it in fourth grade instead.
Not every situation is that simple. If professional educators can articulate a legitimate pedagogical rationale to maintain such material, it is unlikely that an effort to remove it would be successful. Most people do not consider it censorship when they attempt to rid the school of material they consider profane or immoral, or when they insist that the materials selected show respect for religion, morality, or parental authority.
School officials who accede to such demands may be engaging in censorship. Efforts to suppress controversial views or ideas are educationally and constitutionally suspect.
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The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations. Yet profanity appears in many worthwhile books, films, and other materials for the same reasons many people use it in their everyday language—for emphasis or to convey emotion.
Works with profanity often contain realistic portrayals of how an individual might respond in a situation, and some teachers intentionally select such materials to remove the allure from cursing. But even minor use of profanity has not shielded books from attack. Profanity, however, is only one of many grounds on which books are challenged. As these examples illustrate, censorship based on individual sensitivities and concerns restricts the knowledge available to students.
Based on personal views, some parents wish to eliminate material depicting violence; others object to references to sexuality, or to racially-laden speech or images. If these and other individual preferences were legitimate criteria for censoring materials, school curricula would narrow to only the least controversial— and probably least relevant— material.
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Censorship also harms teachers. Teachers need latitude to respond to unanticipated questions and discussion, and the freedom to draw on their professional judgment, without fear of consequences if someone objects, disagrees, or takes offense. When we strip teachers of their professional judgment, we forfeit the educational vitality we prize. When we quell controversy for the sake of congeniality, we deprive democracy of its mentors.
Alfred Wilder. Censorship is an attitude of mistrust and suspicion that seeks to deprive the human experience of mystery and complexity. But without mystery and complexity, there is no wonder; there is no awe; there is no laughter. Censorship is crippling, negating, stifling..
It should be unthinkable in a country like ours. Readers deserve to pick their own books. Writers need the freedom of their minds. To allow the censors even the tiniest space in there with us can only lead to dullness, imitation, and mediocrity. When the classroom environment is chilled, honest exchange of views is replaced by guarded discourse and teachers lose the ability to guide their students effectively. Censorship occurs every day.
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The American Library Association ALA , which tracks and reports censorship incidents, records a problem of significant magnitude, and it estimates that for each incident reported, there are four or five that go unreported. ALA states that between and , 5, challenges were reported to or recorded by its Office for Intellectual Freedom. During the school year alone, there were challenges to educational materials, according to People for the American Way PFAW. Almost 70 percent of censorship demands are directed at material in school classrooms or libraries.
Most of the remainder are aimed at public libraries. Parents lodge 60 percent of the challenges. The ALA offers an instructive analysis of the motivation behind most censorship incidents:.