Title VI, Title IX, Section 504, the Age Discrimination Act, Title II of the Americans with Disabilities Act, and the Boy Scouts of America Equal Access Act
Several federal statutes protect the rights of beneficiaries not to be discriminated against in programs or activities receiving federal and/or state financial assistance. Specifically, the following statutes prohibit discrimination: Title VI, 34 C.F.R. § 100.6(d) (race, color, ethnicity, and national origin); Title IX, 34 C.F.R. § 106.9 (sex and pregnancy); Section 504, 34 C.F.R. § 104.8 and Title II, 28 C.F.R. § 35.106 of the Americans with Disabilities Act (disability); and the Age Discrimination Act, 34 C.F.R. § 110.25 (age). The Boy Scouts of American Equal Access Act, 34 C.F.R. § 108.9 requires public schools to provide equal access to the use of school property to the Boy Scouts and other designated youth groups.
The regulations implementing the above statutes require school districts to notify students, parents, and others that they do not discriminate on the basis of race, color, ethnicity, national origin, sex, pregnancy, disability, or age, and that they provide equal access to the Boy Scouts and other designated youth groups. The regulations contain minor differences relating to the required content of the notices and the methods used to publish them.
The U.S. Department of Education’s Notice of Non-Discrimination describes the content requirements of notices under these statutes, including the methods of notification required by Title IX and Section 504, and contains a sample notice of non-discrimination school districts may use to meet the requirements of all of the above statutes. NOTE: The notice must include the name or title and contact information of the coordinators designated to handle complaints under Title IX (34 C.F.R. § 106.8), Section 504 (34 C.F.R. § 104.8), the Americans with Disabilities Act (28 C.F.R. § 35.107), and the Age Discrimination Act (34 C.F.R. § 110.25).
Pursuant to new Title IX regulations effective August 14, 2020, instead of notifying only students and employees of the Title IX Coordinator’s contact information, schools must also notify applicants for admission and employment, parents or legal guardians of elementary and secondary school students, and all unions of the name or title, office address, e-mail address, and telephone number of the Title IX Coordinator. Additionally, schools must prominently display the required contact information for the Title IX Coordinator on their websites.