Educational laws and acts are required to protect the rights of students and employees in the school setting. Title VII, Pregnancy Discrimination Act, Age Discrimination in Employment Act, Title IX, Family Educational Rights and Privacy Act, Equal Access Act, Civil Rights, Section 504 of Rehabilitation Act, and the Americans with Disabilities Act are a few educational laws that will be discussed below. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination, investigation or lawsuit. The law also requires that employers reasonably accommodate applicant’s and employee’s sincerely held religious practices, unless doing so would impose and undue hardship on the operation of the employer’s business (U. S. Equal Employment Opportunity Commission, 2013). Title VII protects students and teachers from this kind of discrimination.
Everyone is not the same color, race, sex or practices the same religion so there will have to be some kind of balance that will allow everyone to be accepted and this is the act that does so. The Pregnancy Discrimination Act amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination or participated in an employment discrimination investigation or lawsuit (U.S. Equal Employment Opportunity Commission, 2013).
This act is in place to protect women and women who want to have children. Women should not be afraid of not having job security when they decide to have a baby. Women have the right to decided whether or not they should be able to work and have a job not the potential employer. The Age Discrimination in Employment Act protects people who are 40 or older from discrimination because of age.
The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination or participated in employment discrimination investigation or lawsuit (U. S. Equal Employment Opportunity Commission, 2013). Age should not be a factor in hiring people for jobs pertaining to the school system or district if the person is still in sound mind. Many teachers are “seasoned veterans” by the age of 40 and are able to teach and respond to certain situations better than teachers that are fresh out of college. The Title IX act prohibits discrimination on the basis of sex in any federally funded education program or activity.
The principle objective is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices. Not only does Title IX apply to colleges, universities, elementary and secondary schools, it also applies to any education or training program operated by a recipient of federal financial assistance (US Department of Justice, 2013). Title IX is best known for its impact on school athletic programs. Title IX was renamed in October of 2002 as the Patsy Takemoto Mink Equal Opportunity in Education Act.
This law act is needed to make sure that fairness is ensured between the sexes. Male and female sports have not always been equal. Women have always had to work hard to gain equal rights and opportunities for themselves. To determine fairness between the sexes, the Department of Education has developed a list of ten factors that must be fair between the sexes. The Family and Education Rights and Privacy Act protect the privacy of students’ education records. This act applies to all schools that receive funds under an applicable program of the United States Department of Education.
FERPA, as it is sometimes referred as, gives parents certain rights. The rights then transfer to the students once he or she reaches the age of 18 or attends a school beyond the high school level (US Department of Education, 2013). This act is important because sometimes students wish to hide the grades, attendance records, grade point average and other records dealing with education from their parents for fear of disappointment. With this act, the parents now have the power to check up on their child’s education record.
The Equal Access Act passed in 1984 was made a law to compel federally funded secondary schools to provide equal access to extracurricular clubs. It was lobbied for by religious groups who wanted to ensure student the rights to conduct Bible study programs during lunch and after school. This act provides that if a school receives federal aid and has a “limited open forum” or at least one student-led non curriculum club to be organized, and must give them equal access to meeting spaces and school publications. This law gives students that outlet that they need in school (Wikipedia, 2013).
It gives them the opportunity to create groups that will allow them to bond better with different kinds of students in the school. This law also has a list of factors that must be met to ensure protection of these clubs and organizations under the Equal Access Act. Some factors are group is student-initiated, group not sponsored solely by the school, teachers and or faculty, attendance is voluntary, group is not disruptive, and persons of the community that are not students may not direct or have control of any kind of the group.
The Civil Rights Act of 1964 outlawed major forms of discrimination against racial, ethnic, national and religious minorities and women. This law ended unequal application of voter registration requirements and racial segregation in schools, workplace and general public facilities (Wikipedia, 2013). A major educational lawsuit dealing with the Civil Rights Act was Brown versus Board of Education. This landmark case declared state laws establishing separate public schools for black and white students unconstitutional.
Brown versus BOE overturned the ruling in the Plessy versus Ferguson case of 1896 which determined that state-sponsored segregation was constitution. The act is very important to education. Without this act, school systems would have to have two schools for elementary, middle and high school levels. This could be a financial burden on some counties. This allows black and white students to bond together and learn things about different ethnicities and cultures that they would not normally get to know being out in the real world. This also allows faculty and staff at these schools to have a mixed ratio of black and white professionals.
Section 504 of the Rehabilitation Act is a civil law that prohibits discrimination in programs and activities, public or private that receive federal financial assistance. Section 504 does not provide funding for special education or related services, but it does give the government to take funding away from programs that do not comply with the law ( NCLD Public Policy Team, 2013). This law supports and protects the rights of teachers and students who are defined as disable according to the definition listed within the Americans with Disabilities Act.
This act defines a disabled person as a physical or mental impairment that substantially limits a major life activity. The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment that is correctable by prescription lenses. Students need this protection because sometimes they are overlooked in education because they do not have a physical limitation. According to this law, disabilities are not limited to physical limitations.
The Americans with Disabilities Act prohibits discrimination and ensures equal opportunity for persons with disabilites in employment, state and local government services, public accommodations, commercial facilities and transportation (Wikipedia, 2013). This law protects students and teachers from being discriminated against because of a disability. The law was established in 1990. Students that are disabled require a lot of additional training and education. This law makes sure that the students are receiving the care and support that they need while matriculating through their respective schools.
These laws and acts are very important to the continuation of a strong educational system in the United States. Each law or act that was defined and explained in this paper is what makes the school systems in this country achieve greatness. To continue to strive for greatness, the Title VII, Pregnancy Discrimination Act, Age Discrimination in Employment Act, Title IX, Family Educational Rights and Privacy Act, Equal Access Act, Civil Rights, Section 504 of Rehabilitation Act, and the Americans with Disabilities Act must be upheld in every way possibly in the educational field. References.
NCLD Public Policy Team. (2013, 5 31). Section 504 of the Rehabilition Act of 1973. Retrieved from National Center for Learning Disabilities: http://www. ncld. org/disabilites-advocacy/learn-ld-laws/adaa-section-504/section-504-rehabilition-act-1973 U. S. Equal Employment Opportunity Commission. (2013, 5 28). US Equal Employment Opportunity Commission. Retrieved from http://ww. eeoc. gov/laws/statutes/index. cfm US Department of Education. (2013, 5 30). Retrieved from Family Educational Right and Privacy Act (FERPA): http://www. ed. gov/policy/gen/guid/fpco/ferpa/index/html US Department of Justice.
(2013, 5 30). The United States Department of Justice. Retrieved from Title IX od the Education Amendments of 172: http://www. justice. gov/crt/about/cor/coord/titleix. php Wikipedia. (2013, 5 31). Americans with Disabilites Act of 1990. Retrieved from Wikipedia: http://en. wikipedia. org/wiki/Americans_with_Disabilites_Act_or_1990 Wikipedia. (2013, 5 31). Civil Rights. Retrieved from Wikipedia: http://en. wikipedia. org/wiki/Civil_Rights Wikipedia. (2013, 5 30). Equal Access Act. Retrieved from Wikipedia: http://en. wikipedia. org/wiki/equal_access_act.