Discrimination in School: Know Your Child’s Rights

Congruence Law, P.C. Fights for Students Facing Race, National Origin, or Religious Discrimination

All students have the right to attend school without fear of being treated differently because of their race, ethnicity, language, or religion. When schools allow discriminatory treatment—by staff, peers, or policies—they violate both federal civil rights laws and the U.S. Constitution.

Under Title VI of the Civil Rights Act of 1964, schools that receive federal funding are prohibited from discriminating on the basis of race, color, or national origin. In many cases, this right is reinforced by the Equal Protection Clause of the Fourteenth Amendment.

At Congruence Law, P.C., we stand with students and families who have been marginalized, excluded, or harmed by discriminatory practices. We provide strategic legal advocacy to hold schools accountable—and to ensure every student is treated with dignity and fairness.

What Does Title VI Protect Against?

Title VI prohibits any educational institution receiving federal funds from engaging in:

• Intentional discrimination by school staff or administrators

• Harassment or bullying based on race, color, ethnicity, or national origin

• Disparate discipline, including more severe punishment for students of color

• Tracking or segregation of students based on race or language status

• Failure to support English Learners (ELs) in accessing the general curriculum

• Retaliation against students or families who report discriminatory practices

Schools must take immediate and effective steps to investigate and remedy all allegations of race-based harassment or exclusion.

Discrimination May Also Violate the Constitution

In public schools, the Fourteenth Amendment provides additional protection. A school policy or decision that treats a student differently based on race or religion must satisfy strict scrutiny—the highest legal standard.

This includes:

• Religious dress restrictions (e.g., head coverings or turbans)

• Unequal disciplinary policies disproportionately impacting one racial group

• Culturally biased curriculum or materials

• Failure to protect students targeted for their identity

Warning Signs of Discriminatory Practices

• Your child is disciplined more harshly than peers for similar behavior

• Teachers use slurs, stereotypes, or coded language

• Staff ignore or downplay bullying targeting race or ethnicity

• The school segregates or “tracks” students into separate classes without clear justification

• Limited-English-proficient students are excluded from core instruction

• Complaints to the school are met with retaliation, deflection, or inaction

What We Do at Congruence Law, P.C.

We help families expose and challenge race- and national-origin-based discrimination through:

• Filing Title VI complaints with the U.S. Department of Education’s Office for Civil Rights (OCR)

• Bringing Equal Protection claims in state or federal court

• Documenting patterns of disparate treatment, including discipline, access, or harassment

• Demanding immediate corrective action, including staff training and student support

• Securing compensatory services or damages for harm caused

• Advocating for policy reform to eliminate systemic inequities

We also represent families of immigrant, bilingual, and Muslim students, who often face layered discrimination based on language, appearance, or religion.

What Schools Often Say—and Why It Fails

“It’s just a misunderstanding.”→ Racist or biased treatment is never excused by lack of intent. The impact matters.

“We discipline all students the same.”→ Title VI prohibits disparate impact, even if policies appear neutral on paper.

“We don’t control what students say to each other.”→ Schools must respond to peer harassment when it is severe, persistent, or targeted.

“This isn’t about race—it’s about behavior.”→ Data matters. If your child is treated differently than similarly situated peers, that’s discrimination.

Pitfalls to Avoid

• Not reporting the first incident. Delays can weaken your case and expose your child to continued harm.

• Failing to document communications and incidents. Save emails, screenshots, and reports.

• Letting the school investigate itself without oversight. Independent OCR complaints or legal action may be necessary.

• Assuming private schools are exempt. Title VI applies to any school receiving federal funds, including many charters and privates.

Why Choose Congruence Law, P.C.

We don’t tolerate injustice in our classrooms—and neither should you. Every child deserves equal treatment and respect, regardless of where they come from or how they worship. We combine legal knowledge with cultural competence to advocate fiercely for equity in education.

If your child has experienced racial or ethnic discrimination in school, contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you fight back against systemic bias—and make school a place of learning, not fear.