Education Discrimination

ADC has experienced a dramatic rise in discrimination complaints by students against faculty, staff, and administrators in education. ADC has provided legal assistance in these cases based on viability of claim and availability of resources. The cases address capricious grading motivated by discriminatory bias, use of administrative procedures to apply discriminatory to a student in retaliation for filing a complaint, and scholarship selection.

In light of the above and increasing bias in secondary and post-secondary institutions, ADC endorsed the Tyler Clementi Higher Education Anti-Harassment Act. The Tyler Clementi Act requires colleges and universities to prohibit harassment based on actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion. The Tyler Clementi Act will also prohibit cyberbullying and establishes a grant program to support college anti-harassment programs. Make sure to check out the www.stopbullying.gov

In the spring of 2014, legislation was introduced in Congress that would prohibit any institution that participates in a boycott of Israeli academic institutions or scholars from receiving federal funds under the Higher Education Act. ADC condemned the bill as unconstitutional legislation that would stifle academic freedom, chill free speech, and penalize the use of non-violent means of resistance and protest against the Israeli occupation. ADC also issued an action alert allowing supporters to urge their members of Congress to support BDS and reject any legislation that stifles free speech by punishing those who take part in the BDS movement.

In September 2014, ADC joined with the Korematsu Center to file an amicus brief in Vergara v. California in the interests of protecting teachers from arbitrary or politically motivated dismissals without due process such as speaking on the Israeli-Palestinian conflict or in support of BDS. In April 2015, the California Court Appeals reversed the trial court decision in favor of Vergara.

In April 2016, ADC submitted comments to rulemaking that would require resources and support by Equity Assistance Centers to ensure religious desegregation. This is crucial because of serious concerns of marginalized students based on actual and/or perceived faith and disparate disciplinary practices against students of particular faiths.

 

Resources

U.S. Department of Education Dear Colleague Letter and Guidance on Bullying and Harassment

U.S. Department of Education website on protections and rights of English Second Language Students

U.S. Department of Education to file a discrimination complaint

U.S. Department of Justice and the U.S. Department of Education Joint Guidance  to Ensure English Learner Students Have Equal Access to a High-Quality Education

U.S. Department of Justice Fact Sheet on the Rights of All Children to Enroll in School  

Crestwood School District Settlement Decree

Here is a link to the Lau v. Nichols Modified Consent Decree in Arabic and English

 

Media

Dear BDS: Shut Up or We Will Shut you Down, Sincerely Big Brother   (addressing NY anti-BDS bills)

New Jersey is Pushing Unconstitutional Anti-BDS Legislation Because No more Plausible Deniability (addressing NJ anti-BDS bills)