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Equity Topics
Age and Ability Classifications
English Language Learners
Gender Discrimination Racial Discrimination
Students with Disabilities
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Legal Definitions
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Appropriate Action - wordage used in the Equal Educational Opportunities Act that refers to the appropriate action that must be taken to overcome language barriers impeding students from participating in instructional programs.
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De Facto Segregation - separation of groups of people (usually on a racial basis) that is unintentional
- De Jure Segregation - separation of groups of people (usually on a racial basis) by law
Freedom of Choice Plans - students within a school district are permitted to choose their own public school, regardless of residential area or racial balance.
Individual Education Plan (IEP) - a plan laid out for accommodations and modifications for a student with a disability. The plan is created by a multidisciplinary team that includes parents if they wish to be involved in the creation. Parents must also be kept apprised of the content of the IEP.
Institutional Racism - discrimination that is manifested in systematic and structured policies within institutions such as public schools, corporations, or governments.
- Intent to Discriminate - proving intent is important to most discrimination cases. Intent can be proven either through specific overt policy, or through a pattern of decisions and actions that could only lead to discrimination.
Judicial Review - the power of the courts to determine the legality or constitutionality of actions taken by public agencies, including schools. This can usually be initiated by any citizen.
- All cases are inherently examples of judicial review
Least Restrictive Environment - the educational environment most similar to the mainstreatm classroom that the student can adequately function within.
Major Life Activities - caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Meaningful Benefit - producing educational progress and not regression or trivial advancement
Middle-Level Test - Also known as the 'substantial relation test.' Under this test, the plaintiff is responsible for showing that some sort of gender discrimination (either overt or covert) is taking place. If accomplished, burden of proof shifts to the government to show that the policy serves a legitimate and important purpose.
Otherwise Qualified - an individual who is able to meet the requirements of a program despite their handicap.
Person With A Disability - one who either has a current, past record of, or is regarded as having a physical or mental impairment which limits a person's major life activities
Public Entity or Place of Public Accommodation - any public or private business or agency providing goods or services to the public, including all private schools except private religious schools.
Rational Basis - under this test plaintiffs must prove that a discriminating criteria does not serve any legitimate purpose or is unrelated to its stated purpose. Burden of proof is on the plaintiff.
Separate-But-Equal - legal doctrine established in 1896 that segregated but equal facilities were allowed under the Constitution
Single-Sex Schooling - the operation of a school that specifically serves only one sex of student.
Strict Scrutiny - when this test is applicable, the burden of proof that a law or policy is constitutional is on the government. If the government cannot show that discrimination has not taken place, or that the discrimination serves a legitimate and important purpose, the law or policy is deemed unconstitutional. This is used in racial discrimination cases.
Substantial Relation Test - see Middle Level Test
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