The Department of Justice's Civil Rights Division and the Department of Education's Office for Civil Rights have just released new guidance on how educators can lawfully pursue voluntary policies to achieve diversity or avoid racial isolation.
The Dear Colleague letter can be reached at: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201111.html. As Assistant Attorney General Tom Perez stated, "Diversity is a remarkable source of strength."
A copy of the joint guidance follows.
Dear Colleague Letter
OFFICE OF THE ASSISTANT SECRETARY
U.S. Department of JusticeCivil Rights Division
U.S. Department of EducationOffice for Civil Rights
More Resources
Dear Colleague LetterPDF (136K)
Guidance ESEPDF (290K)
Guidance PSEPDF (124K)
December 2, 2011
Dear Colleague:
Today, the United States Department of Education (ED) and the United States Department of Justice (DOJ) are jointly issuing guidance that explains how educational institutions can lawfully pursue voluntary policies to achieve diversity or avoid racial isolation within the framework of Titles IV and VI of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, and current case law. The guidance is presented in two documents, one for elementary and secondary schools and the other for postsecondary institutions. This guidance replaces August 2008 letters titled “The Use of Race in Assigning Students to Elementary and Secondary Schools” and “The Use of Race in Postsecondary Student Admissions” issued by ED’s Office for Civil Rights (OCR). Concurrent with the issuance of this guidance, the August 2008 letters are withdrawn.
The new guidance documents review three key Supreme Court rulings on the use of race by educational institutions, and provide examples of options that schools and postsecondary institutions may wish to consider in structuring programs that lawfully further diversity or reduce racial isolation. Both guidance documents provide examples of different educational contexts within which institutions may permissibly consider race to pursue their compelling objectives. For example, the elementary and secondary guidance discusses school districts’ options in areas such as student assignment, student transfers, school siting, feeder patterns, and school zoning. Similarly, the postsecondary guidance provides examples of how colleges and universities can further diversity in contexts including admissions, pipeline programs, recruitment and outreach, and mentoring, tutoring, retention, and support programs.
OCR and DOJ are available to provide technical assistance, and welcome questions about the application of this guidance to educational institutions. To submit questions or receive technical assistance, please contact the OCR regional office for your state or territory at http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. To contact DOJ for assistance, please contact the Educational Opportunities Section at (202) 514-4092, (877) 292-3804, or education@usdoj.gov.
Sincerely,
/S/
/S/
Russlynn Ali
Assistant Secretary
Office for Civil Rights
U.S. Department of Education
Thomas E. Perez Assistant Attorney General Civil Rights Division U.S. Department of Justice
Attachments
http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201111.html
Showing posts with label dear colleague letter. Show all posts
Showing posts with label dear colleague letter. Show all posts
Friday, December 2, 2011
Tuesday, October 26, 2010
Bullying Based on Sexual Orientation May Violate Civil Rights, Ed. Dept. Warns
Education Week
By Alyson Klein on October 26, 2010 6:01 AM
By guest blogger Christina A. Samuels
Certain types of harassment rooted in sexual orientation or religious differences may be a federal civil rights violation, even though members of those groups are not specifically protected in federal law, according to new guidance released today by the U.S. Department of Education's office of civil rights.
Title VI of the Civil Rights Act already prohibits discrimination on the basis of race, color, or national origin; Title IX prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973, as well as the Americans with Disabilities Act, prohibit discrimination based on disability status. Many local districts and schools have anti-bullying and harassment policies that go beyond those protected groups, said Russlyn H. Ali, the department's assistant secretary for civil rights.
Full Story: http://blogs.edweek.org/edweek/campaign-k-12/2010/10/sexual_orientation_harassment.html
By Alyson Klein on October 26, 2010 6:01 AM
By guest blogger Christina A. Samuels
Certain types of harassment rooted in sexual orientation or religious differences may be a federal civil rights violation, even though members of those groups are not specifically protected in federal law, according to new guidance released today by the U.S. Department of Education's office of civil rights.
Title VI of the Civil Rights Act already prohibits discrimination on the basis of race, color, or national origin; Title IX prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973, as well as the Americans with Disabilities Act, prohibit discrimination based on disability status. Many local districts and schools have anti-bullying and harassment policies that go beyond those protected groups, said Russlyn H. Ali, the department's assistant secretary for civil rights.
Full Story: http://blogs.edweek.org/edweek/campaign-k-12/2010/10/sexual_orientation_harassment.html
Wednesday, April 21, 2010
Vice President Biden Announces Strengthening of Title IX
U.S. Department of Education
Office for Civil Rights
FOR RELEASE:April 20, 2010
Washington, D.C. — Today, Vice President Biden announced that the Administration has issued a 'Dear Colleague' letter that withdraws a 2005 interpretation of Title IX policy. Enacted in 1972, Title IX mandates that any educational institution receiving federal funding for programs and activities cannot discriminate on the basis of sex. The 2005 policy issued compliance standards that were widely criticized for being inadequate and inconsistent with Title IX's nondiscrimination goals. Today's announcement reverses this interpretation, and returns to a more thorough test for assessing compliance with Title IX. Secretary of Education Arne Duncan and Senior White House Advisor Valerie Jarrett, Chair of the White House Council on Women and Girls, joined the Vice President at George Washington University for this announcement.
"Making Title IX as strong as possible is a no-brainer," said Vice President Biden. "What we're doing here today will better ensure equal opportunity in athletics, and allow women to realize their potential - so this nation can realize its potential."
"There is no doubt that Title IX has dramatically increased athletic, academic, and employment opportunities for women and girls, and educational institutions have made big strides in providing equal opportunities in sports," said Secretary Duncan. "Yet discrimination continues to exist in college athletic programs—and we should be vigilant in enforcing the law and protecting this important civil right."
For more than three decades, the Department of Education's Office for Civil Rights (OCR) has provided three options to determine whether athletic programs at colleges, universities and secondary schools provide equal opportunities for athletic participation. Under one of these three options, OCR policy evaluated multiple indicators to determine the athletic interests and abilities of the underrepresented sex at educational institutions. The new 'Dear Colleague' letter clarifies that OCR does not consider survey results alone to be sufficient evidence of a lack of student interest or ability in sports.
Today's event at George Washington University also provided sports activities for youth.
"Title IX has helped women to compete at all levels in athletics, which today's event showcased," said Valerie Jarrett. "By working through the agencies, the White House Council on Women and Girls will continue to support laws such as Title IX that provide opportunities for young girls to get ahead in life."
Today's 'Dear Colleague' letter also provides recommendations for effective procedures for collecting, maintaining, and evaluating information on students' interests and abilities, including technical assistance on the nondiscriminatory design and implementation of surveys as one indicator among others of student interests and abilities.
For more information about Title IX, or to review the 'Dear Colleague' letter, please visit: http://www.blogger.com/about/offices/list/ocr/publications.html#TitleIX-Docs
###
"Making Title IX as strong as possible is a no-brainer," said Vice President Biden. "What we're doing here today will better ensure equal opportunity in athletics, and allow women to realize their potential - so this nation can realize its potential."
"There is no doubt that Title IX has dramatically increased athletic, academic, and employment opportunities for women and girls, and educational institutions have made big strides in providing equal opportunities in sports," said Secretary Duncan. "Yet discrimination continues to exist in college athletic programs—and we should be vigilant in enforcing the law and protecting this important civil right."
For more than three decades, the Department of Education's Office for Civil Rights (OCR) has provided three options to determine whether athletic programs at colleges, universities and secondary schools provide equal opportunities for athletic participation. Under one of these three options, OCR policy evaluated multiple indicators to determine the athletic interests and abilities of the underrepresented sex at educational institutions. The new 'Dear Colleague' letter clarifies that OCR does not consider survey results alone to be sufficient evidence of a lack of student interest or ability in sports.
Today's event at George Washington University also provided sports activities for youth.
"Title IX has helped women to compete at all levels in athletics, which today's event showcased," said Valerie Jarrett. "By working through the agencies, the White House Council on Women and Girls will continue to support laws such as Title IX that provide opportunities for young girls to get ahead in life."
Today's 'Dear Colleague' letter also provides recommendations for effective procedures for collecting, maintaining, and evaluating information on students' interests and abilities, including technical assistance on the nondiscriminatory design and implementation of surveys as one indicator among others of student interests and abilities.
For more information about Title IX, or to review the 'Dear Colleague' letter, please visit: http://www.blogger.com/about/offices/list/ocr/publications.html#TitleIX-Docs
###
To review the OCR Dear Colleague Letter, go to: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20100420.pdf
Friday, September 19, 2008
Statement of the NAACP Legal Defense Fund on Promoting Diversity in Schools
September 16, 2008
Statement of the NAACP Legal Defense Fund on Promoting Diversity in Schools
A Response to OCR's August 28, 2008 "Dear Colleague" Letter
On August 28, 2008, the Office for Civil Rights in the U.S. Department of Education (OCR) issued a "Dear Colleague" letter providing informal guidance regarding how OCR plans to assess the use of race in assigning students to schools. OCR adopted a narrow and limited reading of the United States Supreme Court's decision in Parents Involved in Community Schools v. Seattle School Dist. No. 1, 127 S.Ct. 2738 (2007) as support for this guidance. Because LDF believes that OCR's interpretation of the decision is inaccurate in a number of respects, we now write to clarify the legal standards applicable to elementary and secondary schools. In Parents Involved, a majority of the Supreme Court justices (the four Justices who would have upheld the student assignment plans from Seattle and Louisville at issue in the case, and Justice Kennedy, who found some aspects of those plans unacceptable but approved of their purpose) recognized that school districts have compelling interests in promoting student diversity and avoiding racial isolation in elementary and secondary school settings. The majority agreed that, in Justice Kennedy's words, a school district can, in its "discretion and expertise", take affirmative steps to avoid racial isolation and to achieve a diverse student population, Parents Involved, 127 S.Ct. at 2797, and that school officials may "consider the racial makeup of schools and adopt general policies to encourage a diverse student body, one aspect of which is its racial composition." Parents Involved, 127 S.Ct. at 2792. Specifically, schools and communities may take account of race in using the following student assignment methods to promote diversity: "strategic site selection of new schools; drawing attendance zones in general recognition of the demographics of neighborhoods; allocating resources for special programs; recruiting students and faculty in a targeted fashion; and tracking enrollments, performance, and other statistics by race." Parents Involved, 127 S.Ct. at 2792. The Court also clarified what school districts cannot do: individual students cannot be assigned to school solely on the basis of their race. Instead, school districts should consider race along with other demographic factors when implementing specific student assignment methods. Parents Involved, 127 S.Ct. at 2797. Furthermore, while the Court held that the Seattle and Louisville school districts had not presented sufficient evidence that they had seriously considered "race-neutral" alternatives, there is no requirement in Parents Involved that school districts only use race-neutral means to promote the compelling interests in diversity and avoiding racial isolation in their schools. School districts should be able to demonstrate that they seriously considered workable race-neutral alternatives, but need not exhaust every possibility. As Justice Kennedy recognized, "[t]his Nation has a moral and ethical obligation to fulfill its historic commitment to creating an integrated society that ensures equal opportunity for all of its children." Parents Involved, 127 S.Ct. at 2797. Schools and communities nationwide therefore can and should continue to take steps to promote a high quality, inclusive education for all children and to address the pervasive harms of continued racial isolation in schools. The NAACP Legal Defense and Educational Fund is America's legal counsel on issues of race. LDF pursues racial justice to move our nation toward a society that fulfills the promise of equality for all Americans. Following the Supreme Court's Parents Involved ruling, LDF issued Still Looking to the Future: Voluntary K-12 School Integration, a Manual for educators, parents and advocates that provides comprehensive information about what we can and should do to promote high quality, inclusive schools in our communities. Click on the link under Publications in the right hand column to access the Manual. Other related resources are also located on this website. http://www.naacpldf.org/content.aspx?article=1317
Statement of the NAACP Legal Defense Fund on Promoting Diversity in Schools
A Response to OCR's August 28, 2008 "Dear Colleague" Letter
On August 28, 2008, the Office for Civil Rights in the U.S. Department of Education (OCR) issued a "Dear Colleague" letter providing informal guidance regarding how OCR plans to assess the use of race in assigning students to schools. OCR adopted a narrow and limited reading of the United States Supreme Court's decision in Parents Involved in Community Schools v. Seattle School Dist. No. 1, 127 S.Ct. 2738 (2007) as support for this guidance. Because LDF believes that OCR's interpretation of the decision is inaccurate in a number of respects, we now write to clarify the legal standards applicable to elementary and secondary schools. In Parents Involved, a majority of the Supreme Court justices (the four Justices who would have upheld the student assignment plans from Seattle and Louisville at issue in the case, and Justice Kennedy, who found some aspects of those plans unacceptable but approved of their purpose) recognized that school districts have compelling interests in promoting student diversity and avoiding racial isolation in elementary and secondary school settings. The majority agreed that, in Justice Kennedy's words, a school district can, in its "discretion and expertise", take affirmative steps to avoid racial isolation and to achieve a diverse student population, Parents Involved, 127 S.Ct. at 2797, and that school officials may "consider the racial makeup of schools and adopt general policies to encourage a diverse student body, one aspect of which is its racial composition." Parents Involved, 127 S.Ct. at 2792. Specifically, schools and communities may take account of race in using the following student assignment methods to promote diversity: "strategic site selection of new schools; drawing attendance zones in general recognition of the demographics of neighborhoods; allocating resources for special programs; recruiting students and faculty in a targeted fashion; and tracking enrollments, performance, and other statistics by race." Parents Involved, 127 S.Ct. at 2792. The Court also clarified what school districts cannot do: individual students cannot be assigned to school solely on the basis of their race. Instead, school districts should consider race along with other demographic factors when implementing specific student assignment methods. Parents Involved, 127 S.Ct. at 2797. Furthermore, while the Court held that the Seattle and Louisville school districts had not presented sufficient evidence that they had seriously considered "race-neutral" alternatives, there is no requirement in Parents Involved that school districts only use race-neutral means to promote the compelling interests in diversity and avoiding racial isolation in their schools. School districts should be able to demonstrate that they seriously considered workable race-neutral alternatives, but need not exhaust every possibility. As Justice Kennedy recognized, "[t]his Nation has a moral and ethical obligation to fulfill its historic commitment to creating an integrated society that ensures equal opportunity for all of its children." Parents Involved, 127 S.Ct. at 2797. Schools and communities nationwide therefore can and should continue to take steps to promote a high quality, inclusive education for all children and to address the pervasive harms of continued racial isolation in schools. The NAACP Legal Defense and Educational Fund is America's legal counsel on issues of race. LDF pursues racial justice to move our nation toward a society that fulfills the promise of equality for all Americans. Following the Supreme Court's Parents Involved ruling, LDF issued Still Looking to the Future: Voluntary K-12 School Integration, a Manual for educators, parents and advocates that provides comprehensive information about what we can and should do to promote high quality, inclusive schools in our communities. Click on the link under Publications in the right hand column to access the Manual. Other related resources are also located on this website. http://www.naacpldf.org/content.aspx?article=1317
Subscribe to:
Posts (Atom)