Dive Brief:
- The Office of Civil Rights has confirmed it is investigating Shelby County Schools in Tennessee over potential violations of Title VI of the Civil Rights Act, which protects against discrimination based on race or national origin.
- Chalkbeat reports the probe into Tennessee’s largest district involves issues affecting English learners and communication with parents with limited English proficiency.
- The OCR case follows an Associated Press investigation in May that found Shelby County Schools was one of many to steer unaccompanied minors from Central America away from enrolling in an education guaranteed to them by law.
Dive Insight:
The Office of Civil Rights has seen an increase in the number of complaints relating to English language learners in recent years. In 2015, 82 complaints were filed, which is up 51% from 2009, according to the agency’s annual report. Overall, these cases represent 21% of the Office of Civil Rights complaints received in 2015.
Under the Civil Rights Act, it is considered discrimination based on national origin to fail to provide equal educational opportunities to students who do not speak English. While states can block undocumented immigrants from enrolling in public colleges, the Supreme Court decided in Plyler v. Doe in 1982 that school-aged children are protected by the equal protection clause in the constitution to access to free public education.