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Congress also has passed antidiscrimination or civil rights legislation that has had an impact on public school policies and practices. These statutes prohibit state and school authorities from discriminating against individuals on the basis of race, color, or national origin³ ; sex;⁴ or disability⁵ in any program or activity receiving any federal funding. A state department of education (SDE) may choose not to pursue monies available under federal grant statutes (e.g., funds for infants and toddlers with disabilities). School districts must comply with antidiscrimination legislation if they receive any federal funds for any purpose, however.

Federal antidiscrimination laws also protect students from harassment based on race, color, national origin, sex, or disability. The term harassment means oral, written, graphic, or physical conduct relating to an individual’s race, color, national origin, sex, or disability that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the district’s programs or activities (see U.S. Department of Education & Bias Crimes Task Force of the National Association of Attorneys General, 1999). Sexual harassment means unwanted and unwelcome sexual advances that are sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the district’s programs or activities. The federal laws cited make schools responsible for taking reasonable steps to remedy harassment.