This document is meant to provide an overview of supporting laws and policies that help to create safe and welcoming schools. Appropriate policies, in combination with inclusive programming and training, can provide administrators and educators with the tools to provide safe, welcoming, and respectful schools for all students.
Federal Protections
Federal Laws
Federal laws, passed by Congress and signed by the President, apply to every state and public school district, regardless of the presence or absence of state-level protections. These laws provide the floor for protections for educators and students – state and school districts may build from this base by providing additional protections or adding classes of students to be protect-ed. Federal laws are generally enforced by federal agencies, such as the U.S. Department of Education, detailed in the next section.
The Civil Rights Act of 1964
The Civil Rights Act of 1964 is landmark legislation, passed during the Civil Rights Era, that prohibits discrimination in several areas, including public spaces, employment, and education on the basis of characteristics including of race, color, religion, sex, or national origin. The statute is broken into several titles, including:
Title IV This title prohibits discrimination on the basis of race, color, religion, sex, and national origin by public elementary and secondary schools and public institutions of higher learning. The remedy for discrimination under this title is desegregation. Deliberate segregation on the basis of race, color, and national origin was later prohibited by the Equal Education Opportunities Act of 1974.
Title VI This title prohibits discrimination on the basis of race, color, and national origin by entities accepting federal funds. All public and private schools that receive money from the federal government are prohibited from discrimination by this law.
Title VII Title VII prohibits employment practices that discriminate because of race, color, religion, sex, and national origin. Schools are covered employers under this law. This title was later amended to prohibit discrimination on the basis of pregnancy. Additional laws prohibit employment discrimination on the basis of age and disability. Courts and federal agencies have made clear that sexual harassment and sex-based stereotyping are prohibited under this title. More recently, federal agencies and some federal courts have recognized that sexual orientation, gender identity, and transgender status are protected under this title.
[...]