Dear Colleague:
The purpose of this letter is to inform you that the Department of Justice and the Department of Education are withdrawing the statements of policy and guidance reflected in the following documents:
- Dear Colleague Letter on Nondiscriminatory Administration of School Discipline dated January 8, 2014; and
- Overview of the Supportive School Discipline Initiative dated January 8, 2014.
Additionally, the Department of Education is withdrawing the following related documents:
- Guiding Principles: A Resource Guide for Improving School Climate and Discipline,dated January 8, 2014;
- Appendix 1: S. Department of Education Directory of Federal School Climate and Discipline Resources, dated January 8, 2014;
- Appendix 2: Compendium of School Discipline Laws and Regulations for the 50 States, Washington D.C., and Puerto Rico, dated January 8, 2014; and
- School Discipline Guidance Package FAQs, dated January 8, 2014.
The Dear Colleague Letter on Nondiscriminatory Administration of Discipline (“Guidance”) discussed the legal framework that the Departments employ to analyze complaints of discrimination under Title IV of the Civil Rights Act of 1964 (Title IV), 42 U.S.C. §§ 2000c et seq., and Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. §§ 2000d et seq., and its implementing regulations, 34 C.F.R. Part 100. Title IV authorizes the Attorney General in certain circumstances to institute a lawsuit against public school boards, colleges, and universities upon receiving a complaint of discrimination. Title VI prohibits discrimination based on race, color, or national origin by recipients of Federal financial assistance. The Guidance presented and analyzed, under Titles IV and VI, a number of factual scenarios involving the application of school discipline, and indicated what conclusions the Departments might reach in each scenario.
On March 12, 2018, President Trump announced the formation of a Federal Commission on School Safety. President Trump directed the Commission to study and make recommendations regarding several issues, including whether the Guidance and associated documents should be rescinded. On December 18, 2018, the Commission recommended that the Departments rescind the Guidance and associated documents.
States and local school districts play the primary role in establishing educational policy, including how to handle specific instances of student misconduct and discipline, and in ensuring that classroom teachers have the support they need to implement appropriate discipline policies. States and local school districts must also comply with the anti-discrimination protections contained in federal law, including Title VI. The Departments have concluded that the Guidance and associated documents advance policy preferences and positions not required or contemplated by Title IV or Title VI.
Accordingly, the Department of Education and the Department of Justice have decided to withdraw and rescind the Guidance and associated documents. The Departments are firmly committed to vigorously enforcing civil rights protections on behalf of all students. The robust protections against race, color, and national origin discrimination guaranteed by the Constitution, Title IV, and Title VI remain unchanged, and continue to be vital for educational institutions in the United States.
This letter does not add requirements to applicable law and is not intended to, and does not, create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. If you have questions or are interested in commenting on this letter, please contact the Department of Education at ocr@ed.gov or 800-421-3481 (TDD: 800-877-8339); or the Department of Justice at education@usdoj.gov or 877-292-3804 (TTY: 800-514-0383).
Sincerely,
/s/ /s/
Kenneth L. Marcus Eric S. Dreiband
Assistant Secretary for Civil Rights Assistant Attorney General
U.S. Department of Education U.S. Department of Justice
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