Federal Anti-Discrimination Laws
Title VI is a federal law that prohibits discrimination on the basis of race, color, or national origin in any education program that receives federal funding. This includes all public K-12 schools, private K-12 schools that participate in federal programs like the National School Lunch Program, and almost all colleges and universities. Under Title VI, schools have an obligation to address racial harassment that interferes with students’ ability to access their education.
In public schools, students also have constitutional rights to equal treatment. If a school discriminates against a student based on race, or allows a student of color to be harassed, it may be violating that student’s constitutional rights. A law called Section 1983 allows people to sue the government (including public school districts) for violations of civil rights.
There are two ways to enforce the federal anti-discrimination laws. If the school receives federal funding, the U.S. Department of Education Office for Civil Rights (“OCR”) is charged with enforcing Title VI. Individuals can make complaints to OCR within 180 days from when the harassment/discrimination occurred and OCR may investigate whether the school has violated Title VI. If it has, OCR can enter into a resolution agreement with the school to require it to change its practices.
Families can also file lawsuits under Title VI and Section 1983. There is no requirement under these laws that the family first make a complaint to OCR (or any other administrative body). To make out a claim based on racial harassment under either Title VI or Section 1983, you must prove that the school was “deliberately indifferent” to the harassment. This is a high standard; requiring that the school knew about the harassment and either did not take reasonable steps to address it, or took steps but knew those steps did not work. A student who prevails on one of these claims can recover damages and attorney’s fees.
State Anti-Discrimination Laws
General Laws chapter 76, § 5 gives students aged 6-16 a right to attend their town’s public schools, and prohibits discrimination “in obtaining the advantages, privileges and courses of study of such public school on account of race, color, sex, gender identity, religion, national origin or sexual orientation.” The law gives public K-12 students (via their parents) a right to sue in court for violations of the law. Like the federal constitution, our state constitution also requires the government to provide equal protection of the laws.
Unfortunately, as I have discussed before, Massachusetts’ anti-discrimination in education law (Chapter 151C) only provides protection against discrimination for U.S. citizens in the school application process, and for students enrolled in vocational schools. If a student has experienced race-based harassment or discrimination in a vocational school, they can enforce their rights under 151C by filing a complaint with the Massachusetts Commission Against Discrimination (MCAD) within one year of the date of the discriminatory act.
Students at private K-12 schools, colleges, and universities, are not covered by G.L. c. 76, § 5 or Chapter 151C. However, because students at private school and in higher education pay for their education, they have contractual relationships with their schools that require the schools to abide by whatever non-discrimination policies they include in their handbooks and other materials. In addition, the Massachusetts Equal Rights Act (MERA), provides all people, “regardless of sex, race, color, creed or national origin,” equal rights to make and enforce contracts. Students who have contractual relationships with their schools can use this law to vindicate their rights to equal treatment.
Massachusetts also has a Civil Rights Act (MCRA). Unlike Section 1983, the MCRA applies to all people – not only to government actors. To make a claim under the MCRA you must show that someone has interfered with the student’s rights under a state or federal law, or state or federal constitution, by means of “threats, intimidation, or coercion.” Both the Massachusetts Attorney General’s office, and individuals, can enforce the rights under this law.
MA Bullying Law
The Massachusetts Bullying Law, G.L. c. 71, § 37O, prohibits bullying at all public and charter schools, and some private schools. It requires each school or school district to develop and follow a “Bullying Plan,” that includes both training and complaint investigation procedures.
If a family believes their school is not following the bullying law, or its own bullying plan, they can file a bullying complaint with the Massachusetts Department of Elementary and Secondary Education (DESE). DESE will investigate the complaint and if it finds the school or district is not following the bullying law, will require the school to come into compliance. There is no private right of action under the bullying law, meaning that students whose rights under the law have been violated cannot bring claims in court to enforce the law.
Last updated August 2025
If you or your child have experienced racial harassment or discrimination in school, contact us at (617) 742-6020 to speak to one of our education attorneys.