Educational Opportunities Section

Thurgood Marshall Memorial; Annapolis, MD

Sixty years ago, in its landmark decision in Brown v. Board of Education, the Supreme Court held that the intentional segregation of students on the basis of race in public schools violates the Fourteenth Amendment to the U. S. Constitution. Subsequent federal legislation and court decisions also mandate that school officials not discriminate against students on the basis of sex, national origin, language barrier, religion, or disabilities. The Educational Opportunities Section enforces these statutes and court decisions in a diverse array of cases involving elementary and secondary schools and institutions of higher education.

Specifically, the Educational Opportunities Section is responsible for enforcing Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, national origin, sex, and religion in public schools and institutions of higher learning; the Equal Educational Opportunities Act of 1974 which, among other things, requires states and school districts to provide English Language Learner (ELL) students with appropriate services to overcome language barriers; and the Americans with Disabilities Act. The Section also plays a significant role in enforcing Title VI of the Civil Rights Act of 1964 (prohibiting discrimination on the basis of race, color, and national origin by recipients of federal funds), Title IX of the Education Amendments of 1972 (prohibiting discrimination on the basis of sex by recipients of federal funds), and Section 504 of the Rehabilitation Act (prohibiting discrimination on the basis of disability by recipients of federal funds). The Section may intervene in private suits alleging violations of education-related anti-discrimination statutes and the Fourteenth Amendment to the Constitution. The Section also represents the Department of Education in lawsuits.

Educational Opportunities Section News

November 1, 2016

Press Release

Justice Department Reaches Settlement with Louisiana Tech University and Louisiana State Education Agencies to Desegregate A.E. Phillips Laboratory School

October 17, 2016

Press Release

Justice Department Reaches Agreement with University of New Mexico to Protect Students from Sexual Assault and Harassment

September 21, 2016

Press Release

Justice Department Reaches Settlement to Address and Prevent Sexual Assault and Harassment at Wheaton College

September 9, 2016

Press Release

Justice Department Reaches Settlement with California to Ensure Equal Educational Opportunities for English Learners

September 7, 2016

Press Release

Justice Department Ends Agreement with West Virginia School District after Successful Implementation of English Language Programs

Featured Items

Department of Justice and Department of Education Joint Guidance on the Voluntary Use of Race

On September 30, 2016 the U.S. Departments of Justice and Education issued “Questions and Answers” regarding the U.S. Supreme Court’s June 23, 2016 ruling in Fisher v. University of Texas at Austin (Fisher II). This document provides colleges, universities, and campus communities with basic information about the case and about the voluntary use of race to achieve diversity in higher education.

Fact Sheet: Combating Discrimination Against AANHPI and MASSA Students

On June 6, 2016, the U.S. Department of Education’s Office for Civil Rights, the U.S. Department of Justice’s Civil Rights Division, and the White House Initiative on Asian Americans and Pacific Islanders issued a fact sheet that includes examples of forms of discrimination that members of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) and Muslim, Arab, Sikh, and South Asian (MASSA) communities commonly face.

Fact Sheet | PDF

Departments of Justice and Education Issue Guidance to Ensure Equal Opportunities for English Learner Students
The Departments of Education and Justice issued a joint guidance reminding states, school districts and schools of their obligations under federal law to ensure that English learner students have equal access to a high-quality education and the opportunity to achieve their full academic potential.

Guidance (English) (Spanish) Additional information

Department of Justice and Department of Education Dear Colleague Letter on the Rights of All Children to Enroll in Public Schools

The Departments of Justice and Education issued an updated set of guidance documents to all public school districts reminding them of their obligation under federal law to provide equal educational opportunities to all children residing in their districts, and to offer assistance to ensure they are complying with the law.

Department of Justice and Department of Education Release Joint Guidance on the Voluntary Use of Race

The U.S. Departments of Justice and Education issued Questions and Answers regarding the Supreme Court's June 24, 2013 decision in Fisher v. Texas.

Departments of Justice and Department of Education Guidance on Nondiscriminatory Administration of School Discipline

The Departments of Justice and Education release joint civil rights guidance to schools on how to meet their obligations under federal civil rights law to administer student discipline without discriminating on the basis of race, color, or national origin.

Guidance (Spanish)