Education / Civil Rights
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We recognize unequovically that public education plays a vital role in our free society. It can be a major factor in an individual’s chances for economic and social success as well as a unique influence on a child’s development as a good citizen and on his [or her] participation in political and community life. Lujan v. Colorado State Board of Education |
The great expenditures for education . . . demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him [or her] for later professional training, and in helping him [or her] to adjust normally to his [or her] environment.
Brown v. Board of Education
United States Supreme Court, 1954
Our Experience
Educational equity and quality are fundamental to our communities and all of our school-aged children. Thus, our partner Valerie Simons has represented students, their parents, school districts, and educational associations in a variety of contexts that help promote and ensure such educational equity and quality, including:
- Enforcing students’ constitutional rights under the U.S. and Colorado Constitutions;
- Securing and enforcing students’ statutory rights, under the Civil Rights Act of 1964, the Rehabilitation Act (Section 504), the Individuals with Disabilities in Education Act (IDEA), the Americans with Disabilities Act (ADA), and Title IX of the Education Amendments of 1972, as a trial attorney with the U.S. Department of Justice, Civil Rights Division, Education Section and as a private attorney;
- Representing the “best interests of children” as a guardian ad litem in truancy cases;
- Representing educational associations in the state through amicus curiae, or “friend of the court,” briefing to ensure that each K-12 student in Colorado receives a “thorough and uniform” education through the provision of adequate funding.
Basic Information on Students’ Constitutional and Statutory Rights
Both the Colorado and U.S. Constitution address the rights of students in various ways, either through express language or as interpreted and applied in state and federal courts. For example, under both constitutions, students have due process rights, including notice and the opportunity to be heard, and the right to be free from intentional discrimination on the basis of race, ethnicity, national origin or sex.
Under the Colorado Constitution, there are several provisions that impact students in our schools, including but not limited to:
The Education Clause: provides that the general assembly must provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state.
The Local Control Clause: provides that there will be boards of education in each school district, and that those boards shall have control of instruction in the public schools of their respective districts.
Amendment 23: provides that state funding, through a formula determined by the Public School Finance Act, shall grow annually at least by the rate of inflation plus an additional one percentage point.
There are also several federal statutory schemes that impact the rights of students, as noted above. Here is brief information about several of those statutes:
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of gender by recipients of federal funds. Title IX has been applied to ensure adequate participation opportunities for female students in athletics and to help prevent sexual harassment by school administrators, teachers and students.
In programs or activities receiving federal funds, Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits exclusion, the denial of benefits, and discrimination based on disabilities.
The Individuals with Disabilities in Education Act (IDEA) is intended to ensure that students with disabilities are provided with meaningful educational experiences. Specifically, it requires States and local education agencies to provide a free and appropriate public education to children with disabilities. Among the Act’s more important provisions are the following:
- Free and Appropriate Education (FAPE): Free means at no cost to parents. Appropriate means meeting the unique educational needs of the child. Parents have the right to participate in all decisions affecting their child’s education.
- Least Restrictive Environment (LRE): Schools are to educate disabled students with students without disabilities to the maximum extent appropriate. This means that a student cannot be removed from the general education classroom unless his or her disability does not allow him or her to receive a FAPE in the general classroom. Before removing a student from the general education classroom, the school must attempt to include the student in the classroom using supplementary aids and services. The school is also responsible for providing alternative placements for the student if needed.
- Identification and Evaluation: Parents give consent for evaluation and initial placement of their child, provide information about their child during evaluation, are part of the group that makes the decision as to eligibility, and are part of the group that decides the educational placement of their child. The school must provide a fair and accurate evaluation so the student is properly placed to receive an appropriate education. Parents have the right to request an independent evaluation at public expense if they disagree with the educational evaluation. The school needs to notify the parent any time it would like to evaluate or change a child’s educational placement.
- Technology Related Assistance: Assistive technology devices and services should be included in the student’s Individual Education Plan (“IEP”) if they are necessary to provide the student with a FAPE, or are needed to include the student in the LRE. Assistive technology includes both technological devices and services.
The Americans with Disabilities Act (ADA) was enacted in 1990 to address discrimination against persons with disabilities. Title II of the ADA provides that no individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity (such as a public school), or be subjected to discrimination by any such entity. Title III of the ADA prohibits discrimination on the basis of disability in public accommodations, such as schools, operated by private entities.
Contacting Us
If you believe we can help your child or you with an Education Law-related matter, click here.
Some Resources on the World Wide Web
Colorado Department of Education
U.S. Department of Education/Office for Civil Rights
