Know your Rights: Equal Access to Education in the United States
Research done by our Human Rights Intern Tamia Gaitwood, JD
Learning opens doors — to opportunity, empowerment, and equality. But for many, those doors aren’t always easy to walk through. Across the country, barriers like educational discrimination, disability, immigration status, and lack of resources still prevent students from achieving equal access to education.
Knowing your right to education helps you recognize when something isn’t fair, and gives you the confidence to speak up. Protected under the U.S. education law and roots in human rights in education, these principles ensure that every learner has the chance to pursue their goals with dignity and equality.
When you understand your education rights, you gain the power to challenge injustice and help build a more inclusive system for all.
Everyone has the Right to an Education
Every person deserves the chance to learn, grow, and reach their potential, no matter their race, gender, religion, disability, or background. In the United States, this right to education is protected by both national education laws and international human rights in education agreements that uphold fairness and equality for all learners.
These protections are grounded in several key legal frameworks:
The Universal Declaration of Human Rights (Article 26)
The Convention on the Rights of the Child (Article 28)
The United States Constitution and federal civil rights laws, including the Civil Rights Act of 1964, Title IX, and the Individuals with Disabilities Education Act (IDEA)
Together, these laws guarantee that schools must provide equal access to education, ensuring every student has the opportunity to learn in an inclusive, safe, and supportive environment. By enforcing these rights, the U.S. seeks to eliminate educational discrimination and create classrooms where every learner can thrive.
What This Right Means in Practice
The right to education isn’t just a legal concept, it’s something that affects real lives every day. When this right is upheld, students gain the freedom to learn, explore, and achieve their goals without fear of educational discrimination or unfair treatment.
Here’s what equal access to education looks like in practice:
Attending school without discrimination based on race, gender, disability, religion, or immigration status.
Having the right to learn in a safe, inclusive, and respectful environment.
If you have a disability, you are entitled to reasonable accommodations such as individualized support, assistive technology, or accessibility tools under U.S. education law.
You are guaranteed free and compulsory primary education, along with equal opportunities for secondary and higher education.
When schools follow these standards, the uphold fundamental human rights in education, building systems that empower every student, regardless of background or circumstance.
When your Right is Violated
Unfortunately, not everyone’s right to education is fully respected. Across the country, students still face barriers that limit their learning opportunities and violate education law. These violations often occur when schools ignore their egal and ethical responsibilities to provide equal access to education.
Examples of educational discrimination can include:
Being denied enrollment because of your race, disability, gender, or immigration status.
Experiencing harassment or bullying that the school fails to address.
Being charged illegal fees for what should be a free public education.
Encountering inaccessible facilities or materials that prevent students with disabilities from participating equally.
When these rights are ignored, it’s more than unfair… it’s unlawful. Knowing how to identify and respond to these violations is the first step toward defending your human rights in education.
What You Can Do if Your Rights are Violated
If your right to education has been denied or limited, you have the power to take action. Federal education law protects students from discrimination, and there are clear steps you can take to defend your rights and hold institutions accountable.
Here’s what you can do:
Document Everything - Write down what happened, including dates, names, and details. Keep copies of emails, letters, and any school correspondence. Documentation is critical evidence if educational discrimination has occurred.
Talk to School Authorities - Start bringing your concerns to a teacher, counselor, or principal. Many problems can be addressed when schools are made aware of them.
File a Complaint with the Office for Civil Rights (OCR) - The U.S. Department of Education investigates discrimination cases in schools that receive federal funding. Learn more or submit a complaint here: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
Reach out to Legal Aid or Advocacy Organizations - Groups like the ACLU, NAACP Legal Defense Fund, or local Human Rights Commissions can help you understand your rights and represent you if needed.
Remember, equal access to education is not a gift, it’s a right. Speaking up protects not only you but also others who may face the same barriers.
Education is the foundation for freedom, opportunity, and dignity. And knowing your rights is the first step toward defending them.
About this Resource
This “Know Your Rights” guide was created by the Next Generation John Fellowship as part of its Advocacy and Human Rights Law Internship program to help community members understand and defend their right to education in the United States.
