Discriminatory harassment occurs when conduct is: 1. Based on a student's protected class, AND 2. Serious enough to create a hostile environment. Discriminatory harassment can involve conduct between students, employee-to-student conduct, and conduct involving school visitors.
Federal education laws that prohibit discrimination include Title IX, Title VI of the Civil Rights Act of 1964, Title II of the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act of 1973, among others.
Title IX prohibits a school from discriminating against a student based on the student's pregnancy, childbirth, or termination of pregnancy. Title IX has dramatically increased athletic opportunities for girls and women in federally funded elementary school environments.