Guidance and Resources

Department of Justice and Department of Education Withdraw Title IX Guidance to Educational Institutions

On February 22, 2017, the Department of Justice and the Department of Education withdrew two guidance documents for educational institutions. Both withdrawn documents took the position that Title IX’s prohibitions against discrimination on the basis of sex require access to sex-segregated facilities on the basis of gender identity rather than biological sex. The Departments have decided that they need to consider further and more completely the issues involved and will no longer rely on the views expressed in the documents. The new guidance document affirms a commitment to enforce Title IX to protect all students, including LGBTQ students, from discrimination, bullying and harassment.

Dear Colleague Letter | PDF

Supreme Court Letter | PDF

Department of Justice and Department of Education Joint Guidance on the Voluntary Use of Race

On September 30, 2016 the U.S. Departments of Justice and Education issued “Questions and Answers” regarding the U.S. Supreme Court’s June 23, 2016 ruling in Fisher v. University of Texas at Austin (Fisher II). This document provides colleges, universities, and campus communities with basic information about the case and about the voluntary use of race to achieve diversity in higher education.

Questions and Answers About Fisher v. University of Texas at Austin II

Prior guidance from the Departments about the voluntary use of race:

2011 Guidance letter

Elementary and secondary school guidance

Postsecondary education guidance

Questions and Answers About Fisher v. University of Texas at Austin

Dear Colleague Letter on Schuette v. Coalition to Defend Affirmative Action, et al.,

Fact Sheet: Combating Discrimination Against AANHPI and MASSA Students

On June 6, 2016, the U.S. Department of Education’s Office for Civil Rights, the U.S. Department of Justice’s Civil Rights Division, and the White House Initiative on Asian Americans and Pacific Islanders issued a fact sheet that includes examples of forms of discrimination that members of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) and Muslim, Arab, Sikh, and South Asian (MASSA) communities commonly face. 

Fact Sheet | PDF

Arabic | Bengali | Burmese | Cambodian | Chinese - Simplified | Chinese - Traditional | Hakha Chin | Hmong | Korean | Punjabi | Somali | Tagalog | Urdu | Vietnamese

Department of Justice and Department Education Release Joint Guidance to Ensure English Learner Students Have Equal Access to a High-Quality Education

On January 7, 2015, the U.S. Departments of Education and Justice issued a joint guidance reminding states, school districts and schools of their obligations under federal law to ensure that English learner students have equal access to a high-quality education and the opportunity to achieve their full academic potential.

View additional information about the Dear Colleague Letter  | Vea información adicional sobre la carta a los estimados colegas sobre los alumnos que aprenden inglés y padres de familia con dominio limitado del inglés 

Department of Justice and Department of Education Dear Colleague Letter on the Rights of All Children to Enroll in Public Schools

On May 8, 2014, the Departments of Justice and Education issued an updated set of guidance documents to all public school districts reminding them of their obligation under federal law to provide equal educational opportunities to all children residing in their districts, and to offer assistance to ensure they are complying with the law.

Dear Colleague Letter | PDF

Carta a los estimados colegas sobre los derechos de todos los niños a matricularse en la escuela | Español PDF

Fact Sheet | PDF

Hoja informativa sobre los derechos de todos los niños a matricularse en la escuela | Español PDF

Questions & Answers for States, School Districts, and Parents and Community Members | PDF

Preguntas y respuestas para los estados, distritos escolares, padres y la comunidad | Español PDF

Korean | PDF

Department of Justice and Department of Education Guidance on Nondiscriminatory Administration of School Discipline

On January 8, 2014, the Departments of Justice and Education release joint civil rights guidance to schools on how to meet their obligations under federal civil rights law to administer student discipline without discriminating on the basis of race, color, or national origin.

Dear Colleague Letter | PDF

Carta a los estimados colegas sobre la administración no discriminatoria de la disciplina escolar | Español PDF

Updated July 28, 2017