Department Of Justice And Department Of Education Withdraw Guidance Documents Regarding The Use Of Race In School Admissions
On July 3, 2018, the Department of Justice and the Department of Education withdrew seven guidance documents for educational institutions. Those documents purported to explain the legal framework that governs the use of race by elementary, secondary, and postsecondary schools under the Constitution, Title IV of the Civil Rights Act of 1964, and Title VI of the Civil Rights Act of 1964. The Departments have concluded that the documents advocate legal positions and policy preferences beyond the requirements of the Constitution, Title IV, and Title VI. The Departments therefore will no longer rely on the views expressed in the documents. The Departments’ new letter explains that withdrawal of the guidance documents leaves in place all protections from discrimination on the basis of race guaranteed by the Constitution, Title IV, and Title VI and reiterates the Departments’ firm commitment to vigorously enforcing those protections on behalf of all students.
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 Both withdrawn documents took the position that Title IX’s prohibitions against discrimination on the basis of sex require access to sex-segregated facilities on the basis of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.
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.
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.
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.