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Dear
Colleague:
The
purpose of this letter is to inform you that the Department of Justice and the
Department of Education are withdrawing the following documents:
- December
2, 2011 Dear Colleague Letter Regarding the Use of Race by Educational Institutions;
- 2011
Guidance on the Voluntary Use of Race to Achieve Diversity in Postsecondary
Education dated December 2, 2011;
- 2011
Guidance on the Voluntary Use of Race to Achieve Diversity and Avoid Racial
Isolation in Elementary and Secondary Schools dated December 2, 2011;
- September
27, 2013 Dear Colleague Letter on the Voluntary Use of Race to Achieve
Diversity in Higher Education After Fisher
v. University of Texas at Austin [Fisher I];
- September
27, 2013 Questions and Answers About Fisher
v. University of Texas at Austin [Fisher I];
- May
6, 2014 Dear Colleague Letter on the Supreme Court Ruling in Schuette v. Coalition to Defend Affirmative
Action; and
- September
30, 2016 Questions and Answers About Fisher
v. University of Texas at Austin [Fisher II].
These documents
purport 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 (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. The documents
advocate specific policies and procedures for educational institutions to
adopt, analyze a number of hypotheticals, and draw conclusions about whether the
actions in those hypotheticals would violate the Equal Protection Clause of the
Fourteenth Amendment to the Constitution or Title IV or Title VI of the Civil
Rights Act of 1964.
The
Departments have reviewed the documents and have concluded that they advocate
policy preferences and positions beyond the requirements of the Constitution,
Title IV, and Title VI. Moreover, the
documents prematurely decide, or appear to decide, whether particular actions
violate the Constitution or federal law.
By suggesting to public schools, as well as recipients of federal
funding, that they take action or refrain from taking action beyond plain legal
requirements, the documents are inconsistent with governing principles for
agency guidance documents.
Accordingly,
the Department of Education and the Department of Justice have decided to
withdraw the documents. The
protections from discrimination on the basis of race guaranteed by the
Constitution, Title IV, and Title VI remain in place. The Departments are firmly committed to vigorously
enforcing these protections on behalf of all students.
This guidance does not add requirements to applicable law. 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 John
M. Gore
Assistant Secretary for Civil
Rights Acting Assistant Attorney General
U.S. Department of Education U.S.
Department of Justice
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