The Law: Title VI

Title VI of the Civil Rights Act of 1964 applies to any school or program that receives federal funding.

It prohibits discrimination based on:

• Race
• Color
• National origin

This includes:

• Public schools
• School districts
• Colleges and universities
• Any education program receiving federal funds

Under Title VI, students have the right to learn in an environment free from racial harassment and discrimination.

What Counts as Discrimination

Drawing from the Department of Education’s guidance, discrimination includes more than direct racial slurs or exclusion.

It also includes harassment tied to:

• Ethnicity or ancestry
• Cultural identity
• Shared historical or geographic background
• Perceived identity, even if incorrect

For example, a student may be targeted based on how others perceive their background. The law still protects them.

Hostile Environment: The Key Legal Standard

The federal government evaluates most school-based discrimination cases using the hostile environment standard.

A school violates the law when:

1. Race-based harassment creates a hostile environment
2. The school knew or should have known about it
3. The school failed to act quickly and effectively

Harassment must be serious or repeated enough to interfere with a student’s ability to learn or participate in school.

Courts and federal agencies look at the full situation:

• How severe the conduct was
• How often it happened
• How long it lasted
• Where it occurred
• Who was involved

A single incident can qualify if it is severe.

Free Speech and School Responsibility

The First Amendment protects student speech. Schools cannot punish speech simply because it is offensive.

But schools still have a duty to act when conduct crosses the line into harassment that denies students equal access to education.

K–12 schools have broader authority to step in when:

• The learning environment is disrupted
• Other students’ rights are affected
• The conduct interferes with school operations

What the Government Says vs. What Is Happening

The Dear Colleague Letter sets out a clear framework for protecting students.

But enforcement depends on the administration in power.

Under the current Second Trump Administration, priorities have shifted in ways that affect how these laws are applied in practice.

Reports and patterns show:

• Less emphasis on discrimination against Black students
• Greater focus on other categories of claims
• Slower or weaker responses to complaints involving race

The law has not changed.
But enforcement has.

That gap leaves many Black families without meaningful protection.

Where We Come In

When the system fails, we act.

We do not rely on agencies to protect your child. We build the case ourselves.

Investigate
We uncover what happened, gather evidence, and document the pattern.

Negotiate
We confront schools and demand immediate corrective action.

Litigate
When schools refuse to act, we take them to court and enforce the law.

The Bottom Line

Title VI still protects your child.
But protection without enforcement is not protection.

If your child is facing discrimination, you have two options:

Wait for the system to respond
Or force accountability

We help you choose the second.