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Discrimination and Equal Protection

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Michelle Matesic

on 10 February 2013

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Transcript of Discrimination and Equal Protection

Discrimination and
Equal Protection Classification By Race In the past, schools were segregated by race
Southern States' segregation was enforced by state constitution or statutes
Northern States' segregation resulted from residential segregation How Speedily did School Districts Carry Out
the Court's Mandate? Not that fast
The Green case from Virginia laid out 6 factors for judges to consider while determining if a school is desegregated
Green Criteria:
composition of student body, the faculty, staff, facilities, transportation, and extracurricular activities Can School Districts Compel Pregnant
Students to Transfer to a Separate School? •NO requiring a pregnant student to attend a school exclusively for pregnant women would constitute a form of segregation and discrimination. Did the Equal Protection Clause of the 14th Amendment Eliminate Segregated Schooling? Intially it did not
Plessy v. Ferguson (1896) announced the doctrine of "Separate but equal"
Brown v. Board of Education (1954), the Supreme Court declared that segregated public schools were "inherently unequal" What About Communities
Where Resegregation Occurs? De Jure Segregation: where segregation resulted from law, school board policy or instituted by the state
De Facto Segregation: no official acts were involved in the school's segregation
If a school become resegregated with no official action or involvement, that is de facto segregation that does no violate the constitution Who Supervises the Process of Desegregation? The Federal District Court closest to the school district Are Teachers Protected Against Racial Discrimination? Yes! They are protected under the 14th Amendment and Title VII of the Civil Rights Act of 1964
Disparate Treatment and Disparate Impact are prohibited by the statute Can School Districts Hire on the Basis of Race or Ethnicity? Only under special circumstances Race, Gender, Age,
Language and Special Education Can Gender Be Used In Hiring Teachers? No Can Pay Differential Be Based on Gender? Not if male and female teachers are equally qualified in terms of degrees held and years of experience
The Equal Pay Act of 1963 Is Discrimination Based on Pregnancy or
Childbirth Allowable? No
The Pregnancy Discrimination Act makes it illegal to refuse to hire a qualified applicant because of pregnancy
The practice of requiring a pregnant women to leave by a certain time and then specifying a date when they can come back is unlawful
It creates Irreputable Presumption that all pregnant teachers are physically unable to work as of a specified date Is Gender Discrimination in Sport Competition Permissible? Title IX allows public schools to have separate teams for each sex
Title IX does not require gender segregation in contact though it permits it Are Single-Sex Public Schools Legal? •YES as long as enrollment is voluntary. Also, districts must make coeducational and opposite sex schools “substantially” equal.
•Is same sex school beneficial?
1977 court case in Philadelphia, court accepted argument that adolescents might study more effectively attending same sex schools.
•Numbers of single-sex schools nationwide have risen from 3 in 1995 to 241 in 2006.
•An all male school for African American students in Detroit was disallowed by the federal court however because there was no equivalent school for girls. Court held that the proposal violated the equal protection clause. •Cannot separate students due to : pregnancy, birth of a child, false pregnancy, miscarriage, or termination of pregnancy Sexual Harassment for Teachers Refers to repeated unwelcome sexual advances, sexually suggestive speech, or sexually offensive gestures or acts
Under Title VII->2 types of harassment
Quid pro: giving something for something
Hostile environment: you feeling unsafe in your work environment, whether it’s from co workers sexually harassing you, or emotionally harassing you. This harassment continues even after you let your supervisor know of it. Schools should make all employees be aware of harassment policies. Staff should be trained to understand and follow these policies. Grievance procedures should be available for reporting harassment and timely corrective action must be taken. Sexual Harassment of Students The 14th amendment and Title IX apply: Supreme Court ruled that in order for a student to sue (and win) against harassment by a teacher, a school official with authority must have had actual knowledge of the harassment and failed to address the problem. They must have acted with “deliberate indifference” Discrimination Based on Age Employees over 40 protected under the ADEA (Age Discrimination in Employment Act) and 14th Amendment:
Applies to 40 and over who work in a place with 20 or more employees
Applies to failure to hire or to discharge persons, or discriminate in compensation due to age.
An ADEA violation results in employer being compelled to hire, reinstate, or promote the plaintiff with compensation for back pay, damages, and attorney fees.
Age discrimination in hiring difficult to prove because employer can hire a better-qualified person, but if 40 and over person proves they are equally qualified, employer must compensate. How does age discrimination affect school employees? How Does Age Discrimination Affect Students? Students must attend school between ages of 6 and 16. Some 3 and 21. Students with disabilities who are over aged and want to participate in interscholastic sports= tough decision to make
courts have arrived at conflicting decisions and no uniform law exists. English Language Learners May schools discriminate against students of limited English Proficiency? NO. Protected by 14th amendment, title VI of the civil rights act of 1964, equal educational opportunity act of 1974, and no child left behind. Best known, and only supreme court case = arose in SF where instruction in English was given to recent immigrant students of China. Federal law now uses term: LEP- limited English proficiency. Laws protect ELL students and allow schools to use various methods that in good faith try to overcome language disabilities of students. Special Education Federal and state laws ensure equal opportunity rights for disabled students Brown vs. Board of Education * What laws mainly ensure education rights for the disabled? Section 504 of the Rehabilitation Act
The Americans with Disabilities Act (A.D.A.)
..and especially Individuals with Disabilities Education Act*
States that qualified students receive Free Appropriate Public Education (F.A.P.E.) What is Free Appropriate Public Education? Equal opportunity education for those with disabilities for students ages 3 to 21 (except for states that do not serve ages 3-4 and 18-21).
Students are entitled to appropriate schooling based on an Individual Education Program (I.E.P) at the state’s expense and under public official supervision.*
State does not need to provide education that maximizes learning potential, but a “basic floor of opportunity”.
Rowley Case* Disabled student must receive F.A.P.E. in “least restrictive environment”… A learning environment that is least restrictive and most appropriate;
Regular classroom with support services
Home schooling
Hospital or residential institutions
Year-round instruction if necessary for those who regress over summer vacation
If services available in a public school and parents choose to place student in private school than the parents will bare cost. What is an I.E.P. and Who Creates It? Independent Education Program; Specially designed instructions to meet needs of disabled child in their education.* I.E.P. Team Those of which make decisions on disabled students education. These of which include:ParentsA regular classroom teacherA special education teacherA district representative to provide and supervise special design instructionsOthers with special knowledge of students needsSometimes the student may be part of I.E.P. team as well Does the School have the right to administer prescribed drugs to disabled students? •Yes, medications prescribed by a physician and provided by parents may be administered to students by school nurse. However, in some cases the school may refuse the administration of a drug.* Discipline for Disabled Students Disabled students may be disciplined in same manner as other students provided that the act in question is not a result of their disability manifestation.Any long term suspension or expulsion is considered a change of placement and must be approved with the I.E.P. team and parents.* Disabled student that is dangerous to
themselves or others Disabled student may be suspended up to 10 days in which time the I.E.P. team will review education program and revise where necessary.School can work with parents to agree on an interim placement, and if refused by parents the time in which suspension is being held the school may ask courts to approve new placement.Student may also in extreme cases be given interim alternative setting for 45 days to reduce risk with the same I.E.P. services as usual.Doe case* "High Stakes Tests"
(State Tests) Disabled students are required to take tests as long as proper notice is given, test has appropriate curriculum, and accommodations of I.E.P. are met.I.E.P. will state whether student may take tests and if they are unable to do so than I.E.P. will state how students will be assessed in order to graduate.*
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