Justice Department, Education Department
The U.S. Department of Justice (DOJ) and U.S. Department of Education (ED) (the Departments) are issuing this document to clarify that seven guidance documents issued jointly by the Departments are not enforceable. In addition, the Departments plan to revisit these guidance documents in light of the Supreme Court's decision in Loper Bright Enters. v. Raimondo, 603 U.S. 369, 400 (2024), to assess whether they are consistent with the single best meaning of the relevant statutory text. The Departments will not rely upon these guidance documents in their enforcement of federal civil rights laws, including Titles IV and VI of the Civil Rights Act of 1964 (Title IV and Title VI), 42 U.S.C. 2000c et seq. and 2000d et seq., the Equal Educational Opportunities Act of 1974 (EEOA), 20 U.S.C. 1701-1720, the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq., and Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice Department of Education AGENCY: Civil Rights Division, Department of Justice; Office for Civil Rights, Department of Education. ACTION: Notice; clarification. SUMMARY: The U.S. Department of Justice (DOJ) and U.S. Department of Education (ED) (the Departments) are issuing this document to clarify that seven guidance documents issued jointly by the Departments are not enforceable. In addition, the Departments plan to revisit these guidance documents in light of the Supreme Court's decision in Loper Bright Enters. v. Raimondo , 603 U.S. 369, 400 (2024), to assess whether they are consistent with the single best meaning of the relevant statutory text. The Departments will not rely upon these guidance documents in their enforcement of federal civil rights laws, including Titles IV and VI of the Civil Rights Act of 1964 (Title IV and Title VI), 42 U.S.C. 2000c et seq. and 2000d et seq. , the Equal Educational Opportunities Act of 1974 (EEOA), 20 U.S.C. 1701-1720 , the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq. , and Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794 . FOR FURTHER INFORMATION CONTACT: John Mertens, Acting Chief, Educational Opportunities Section, Civil Rights Division, 202-514-4092; Maria Litsakis, Acting Director, Program Legal Group, Office for Civil Rights, 800-421-3481. SUPPLEMENTARY INFORMATION: During the years 2015-2023, the Departments issued the following guidance documents regarding…
Citation: 91 FR 66840
