Federal Register #2026-21685

DOJ and Education clarify that seven jointly issued civil rights guidance documents are not enforceable

The U.S. Department of Justice and U.S. Department of Education clarified the status of seven jointly issued civil rights guidance documents. - Government offices: DOJ’s Civil Rights Division and ED’s Office for Civil Rights. - Clarification: The guidance is not enforceable, and the Departments will not rely on it when enforcing Titles IV and VI of the Civil Rights Act, the Equal Educational Opportunities Act, the Americans with Disabilities Act, or Section 504 of the Rehabilitation Act. - Topics covered: English learner students and limited-English-proficient parents; COVID-19-related harassment in schools; racial discrimination in student discipline; and the Supreme Court’s Students for Fair Admissions decision. - Next step: The Departments plan to review the guidance in light of the Loper Bright decision and assess whether it reflects the best meaning of the relevant statutes. - Procurement: No products, services, vendors, quantities, or contract value are identified.

Description

The U.S. Department of Justice and U.S. Department of Education clarify that seven guidance documents they issued jointly are not enforceable. The Departments plan to review the documents in light of the Supreme Court's decision in Loper Bright Enters. v. Raimondo to assess whether they are consistent with the best meaning of the relevant statutes. They state they will not rely on the documents when enforcing federal civil rights laws, including Titles IV and VI, the Equal Educational Opportunities Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act.

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