Despite schools having been integrated for many years, racial discrimination continues to be a barrier in the field of education for many. Progress has been made to achieve gender equality, but biases persist. Discrimination based on gender can arise in many forms, ranging from obvious harassment to ingrained biases. Regrettably, discrimination can frequently negatively impact the education of individuals who experience it. Let’s discuss how racial and gender discrimination can affect those involved and explore what measures lawmakers have taken to address these problems.
Is It Still a Problem?
It may come as a surprise to some that the acknowledgment of racial discrimination in schools is not based solely on anecdotal evidence. A recent study from the U.S. Department of Justice showed that minority students tend to get harsher punishments than their white counterparts. For instance, African American students are expelled at a rate three times higher than white students.
Another study indicates that there have been improvements in diversity within colleges. However, advancements are gradual, and the diversity seen in educational environments still needs to mirror the diversity in state demographics.
Numerous other studies show similar data on this subject, but the issue is complicated, and the steps that have been taken in the past to help fix these issues have proven controversial. As we’ll discuss later, recent Supreme Court decisions have been made to limit affirmative action policies that have been in place in the past, forcing institutions to find new ways to increase diversity.
Core Legal Actions that Address Racial Discrimination
Several landmark legal actions have been designed to address racial discrimination in education. One of the most notable pieces of legislation related to this is the Civil Rights Act of 1964. Title IV of this law forbids prejudice based on race, color, or nationality in programs and activities that are funded by federal financial aid.
Racial discrimination has been a significant issue for decades, manifesting through segregation and other racially-based biases. The 1954 Supreme Court case of Brown v. Board of Education was a significant turning point for race-related issues in the education system. During this case, it was ruled that public schools that segregated black students from white students were not constitutional. Despite the significant success of the Civil Rights Movement, opposition still led to segregation of schools.
Congress passed the Equal Educational Opportunities Act of 1974 to improve racial barriers by banning intentional segregation and mandating schools address language obstacles for ELL students. The Office for Civil Rights in the U.S. Department of Education upholds these laws, conducting investigations, compliance reviews, and providing guidance to educational institutions.
Gender-Based Discrimination in Education
Gender bias in education frequently causes less availability of resources, biased academic evaluations, and limited presence in some areas. Especially in STEM, women encounter significant obstacles that make it difficult for them to become involved and progress. The Special Topics Annual Report: Women in STEM emphasizes that there is a gender disparity and that specific actions can be taken to support gender parity in these areas.
Title IX of the Education Amendments Act of 1972 deals with gender-based discrimination in education. In this notable piece of legislation, any education program that receives funding from the federal government is banned from discrimination based on sex. This legislation has helped make significant progress in the fight for gender equality by guaranteeing that equal opportunities and resources are available to all genders in education. Title IX covers several common gender discrimination issues, such as sports, sexual harassment, and gender bias in academic scoring. Additionally, advancements are still being made in these areas, with new legislation all the time, like the recently passed bill in Arizona that puts anti-discrimination rules applicable to education and other vital sectors in place.
Addressing Harassment Through Inclusivity
To combat harassment effectively in educational institutions, they must have clear guidelines for what constitutes harassment and the procedures to follow when reporting it. The U.S. Department of Education's Office for Civil Rights provides guidelines to assist education facilities in implementing harassment policies effectively. By setting clear guidelines and following procedures such as those in the OCR guidelines, education institutions can effectively create an inclusive environment for all students.
Addressing the biases and barriers that frequently arise is also necessary to promote gender equality in education. For that reason, many initiatives, including mentorship programs and women in STEM scholarships, encourage women to become involved in STEM.
Additionally, gender-inclusive curricula have become more common, as well as staff training on unconscious biases to reduce hidden prejudices.
How Police Violence and Racial Discrimination Impacts Schools
When discussing racism and discrimination in education, the role that police violence plays is often overlooked. However, this is one area in which students of minority races see harsher punishments. The data shows that on-campus police tend to report minority students, especially black students, more frequently for violations that are considered minor. In the recent report GAO-24-106294, it’s shown that differences in student arrest rates widen when race, gender, and disability status overlap. In schools with high minority populations, these problems are compounded by a lack of support staff, like counselors and social workers.
Placing police in schools is meant to increase overall safety, but it can frequently worsen racial issues in the education environment. In a report from the Center for American Progress, it’s suggested that schools increase their investment in the mental health of their students, which would, in turn, reduce violence in schools and offer support to students who are struggling as opposed to labeling them criminals. In a recently proposed California bill, steps are taken to help with this. The bill would require the State Department of Education to assess whether local educational agencies have provided information to staff on resources for supporting students facing bias or bullying and require agencies to display their anti-discrimination policies prominently. It also prohibits local educational agencies from adopting textbooks, materials, or curricula that would subject students to unlawful discrimination and provides a complaint process for violations.
Diversity and Affirmative Action Initiatives
Affirmative action policies have previously been used to help resolve the issues related to racial discrimination in education; however, as mentioned previously, The Supreme Court has recently enacted legislation to limit these policies in education.
This positive move forces institutions to search for new methods to promote diversity on college campuses. New plans to enhance diversity consider multiple factors, such as providing financial aid to marginalized groups and striving to create a more inclusive environment. The objective is to move past the discrepancies and establish a setting where all students, regardless of race, gender, or background, have equal opportunities for success.
The Role Intersectionality Plays
As demonstrated in the GAO-24 report, the chance of discrimination in education is amplified when factors intersect. For instance, women of color may see notably increased difficulties in their education due to more than one common point of discrimination. To create successful policies that address gender and racial discrimination in education, it’s essential to have a thorough understanding of what happens when various factors intersect.
How Can AI and Tech Combat Racial Discrimination?
In a recent article from MIT, intriguing questions are raised. Can AI help combat racial discrimination? Can AI make it worse? Professor S. Craig Watkins believes that AI, due to its basis on information that’s already out there, has the potential to replicate biases on a wide scale. For that reason, he and others are building systems that analyze behaviors and try to identify patterns that will help remove racial biases from AI.
While AI cannot combat discrimination on its own, through research and effective strategies, it has the potential to remove human bias from decision-making. Professor Watkins believes that the recent attention to racial issues brings great potential for change on a wide scale.
It can’t be stressed enough that progress must continually be made on race and gender discrimination issues to create an equal society. While landmark legislation like the Civil Rights Act of 1964, the Equal Educational Opportunities Act, and Title IX have made significant progress with these issues, they’re by no means comprehensive solutions. Institutions must persist in adopting tactics and regulations to combat discrimination, foster inclusive spaces, and utilize technology ethically to keep advancing. By creating a learning atmosphere that offers the same chances for all individuals, we can establish a community that reflects the diversity of the population.
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Jordan McDowell is a frequent guest contributor covering the latest developments in state and national legislation.
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