Schools have a statutory responsibility to ensure equality of opportunity for every pupil and member of staff.

All schools must have a declared policy on Equal Opportunities. In practice, most schools adopt the model policies offered by their LEA. In addition, organisations such as the Commission for Racial Equality and the Equal Opportunities Commission issue Codes of Practice on the elimination of discrimination.

Essentially, it is illegal to discriminate against a pupil (or a teacher, or other employee) on grounds of gender, race or disability.

For example, all pupils must be given equal access to courses and facilities. Schools must not discriminate unfairly against pupils whose parents are unable or unwilling to make financial contributions to the cost of particular activities or pupils who do not have access at home to I.C.T. facilities.

Attitudes matter as much as strict compliance with the law. As already indicated, unfair discrimination means treating one group less favourably than others and this includes creating conditions to be met which are more difficult or rigorous for some than others.

Schools have an important role to play in promoting equality of opportunity. Teachers are likely to be more aware of the consequences of stereotyping than many other people. Teachers should follow carefully a school’s equal opportunities policy and encourage this to be reviewed if it does not address situations which arise commonly in school. In particular, schools and teachers should have regard to:

- the day to day organisation of school life;
- the social context and local community in which education takes place;
- relationships between pupils and staff inside and outside the classroom;
- relationships between pupils.

Where single sex provision is made, it must be equally available to both boys and girls.

‘Equal’ in this context does not have to mean ‘the same’.

For example, boys and girls normally pursue different Games activities and some schools use single sex groups for certain academic subjects based on research that suggests boys and girls learn in different ways and/or respond to different stimulus materials. The key test of ‘equality’ is that one group or individual must not be treated ‘less favourably’ than another.

The same principles apply to rules on behaviour and appearance, i.e. there must be no discrimination on grounds of behaviour or dress. Again, ‘equal’ in this context does not have to mean ‘the same’ but if there are different rules for certain groups of pupils, the differences have to be defensible on the basis that they represent appropriate differentiation and are not treating one group less favourably than another.

Some schools have continued to operate different rules for boys and girls in relation to certain aspects of dress and appearance. However, if challenged, most have amended their uniform codes rather than risk being taken to court.