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C. Education
26. Educational policy at the federal level is carried out by the Department of Education. An
Office for Civil Rights within the Department is mandated “to ensure equal access to education
and to promote educational excellence throughout the nation through vigorous enforcement of
civil rights”. This Office enforces several federal laws that prohibit discrimination, including
Titles VI of the Civil Rights Act of 1964 (discrimination on the basis of race, color and national
origin). The Office for Civil Rights enforces this law in all institutions, including elementary and
secondary schools, colleges and universities that receive funds from the Department of
Education.
27. An important piece of federal legislation in the domain of education is the No Child Left
Behind Act, which was enacted by Congress in 2002. One of its key objectives is to promote
more accountability in public schools and to improve the performance of students. In this regard,
it also explicitly addresses the need to close the achievement gap between white and minority
students.10 Recent data indicates that although the achievement gap is still large, it has narrowed
in recent years.11
D. Housing
28. Extensive legislation to prevent discrimination on housing and lending has been set up
over the past decades. This includes the Fair Housing Act (Title VIII of the Civil Rights Act of
1968), which prohibits discrimination in the sale, rental or financing of housing on the basis of
race, color, religion, sex, familial status or national origin. The Act expanded the protections
offered by the Civil Rights Act of 1964 (Title VI), which prohibited discrimination in programs
and activities receiving federal financial assistance but refrained from regulating private conduct
in the domain of housing.
29. Federal laws on fair housing are administered and enforced by the Office of Fair Housing
and Equal Opportunity (FHEO) at the Department of Housing and Urban Development (HUD).
The number of complaints filed with HUD and the Fair Housing Assistance Program (which
provides grants to State and local fair housing enforcement agencies) has increased substantially
in the last ten years, from 5,818 complaints in 1998 to 10,154 in 2007. However, it is not evident
whether this reflects an increase in housing discrimination or better knowledge of fair housing
laws and willingness to report cases of discrimination. In 2007, 43 percent of complaints were
based on disability, 37 percent on race, 14 percent on family status and 14 percent on national
origin.12
10
Department of Education, How No Child Left Behind Benefits African Americans, Hispanics
and American Indians, http://www.ed.gov/nclb/accountability/achieve/edpicks.jhtml?src=az.
11
Source: National Center for Educational Statistics.
12
Department of Housing and Urban Development, The State of Fair Housing 2007, pp. 4-5.