educationattorney.com/ -- While private schools are not exempted from all anti-discrimination laws, they don’t have to follow all of the same laws that a public school does. However, you can sue a private school for discrimination in some situations.
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The three primary factors that will determine whether you can sue for discrimination include:
If the school receives any sort of public funding
If the school is religious
What type of discrimination occurred
While these cases can be tricky to navigate, there are actions you can take if you believe your child has endured discrimination at their private school. This first step is to speak to an attorney about whether the type of discrimination is actionable against your child’s private school.
Can private schools discriminate on the basis of religion?
Yes, religious private schools can discriminate on the basis of religion. This means that students who practice a different faith can be refused admission to a religious-based school and can be excluded from classes or expelled for violating the school’s faith-based code of conduct.
While public schools cannot deny admission to students on the basis of their religion or require students to study and follow the principles of a particular religion, religious private schools have more freedom in this area. While some private schools are “nonsectarian,” which means they are run by non-religious owners, others are known as “sectarian” schools, which means they are run by religious organizations.
While nonsectarian schools cannot discriminate based on religion, sectarian private schools can refuse admission to students from a different religious background than the school’s affiliation. They can also require admitted students to observe a religious code of conduct, regardless of the student’s actual faith beliefs.
Can private schools reject students?
Yes, private schools can always reject students for non-discriminatory reasons. Private schools may also be able to reject students for discriminatory reasons such as religion, race, or sex in certain situations.
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