Schools that purchase such content will be in violation of recent Department of Justice and Office of
Civil Rights guidance related to the requirement that an equivalent learning exprience be provided to all learners.
That 2014
civil rights guidance — jointly issued by the U.S. Departments of Education and Justice — put schools on notice that they may be found in violation of federal civil rights laws if they enforce intentially discriminatory rules or if their policies lead to disproportionately higher rates of discipline for students in one racial group, even if those policies were written without discriminatory intent.
Not exact matches
This pronouncement, along with Johnson's (and executive chairman Howard Schultz's) apology, meetings with community leaders, and enlisting the
guidance of
civil rights leaders such as former Attorney General Eric Holder and the NAACP's Sherrilyn Ifill, ensures that this incident and the specter of racial bias will remain in the public's mind beyond a few days.
The federal government's announcement earlier this month is just the latest action to further diminish
civil rights protections for transgender students and follows the February 2017 decision by President Trump and the federal Departments of Education and Justice to rescind
guidance that clarified federal legal protections for transgender students.
His office has sent a bulletin to law enforcement offices across the state outlining New York's hate crime law and stressing the need for law enforcement to identify possible hate crimes, as well as
guidance in
civil rights law.
Together, Portlight and the Partnership for Inclusive Disaster Strategies Hurricane Harvey Disability Hotline are providing technical assistance and
guidance to prevent disaster survivors from being turned away from shelters, denied their
civil rights, or inappropriately institutionalized.
technical assistance and
guidance to prevent disaster survivors from being turned away from shelters, denied their
civil rights, or
We provide effective legal
guidance in all areas of litigation, including personal injury claims, medical malpractice, commercial litigation, matrimonial and family law,
civil rights violations, employment discrimination.
The departments, citing the
Civil Rights Act of 1964, gave the school districts «
guidance on how to identify, avoid, and remedy discriminatory discipline,» telling them they risked legal action if school disciplinary policies had «a disparate impact, i.e., a disproportionate and unjustified effect on students of a particular race.»
This practice has long been considered legal under both case law and more than 25 years of
guidance and rulings from the federal Office for
Civil Rights.
Based on a long line of court decisions and
guidance handed down by the federal Office for
Civil Rights, which administers both nondiscrimination statutes — the Americans with Disabilities Act and Section 504 — a court would most likely defer to educational experts, uphold standards supported by evidence of the SAT's validity, reliability, and technical underpinnings, and find flagging not to be unlawful discrimination.
As much as empirical challenges may seem to render this debate theoretical, it is a critical one for policy: the authority to issue federal
guidance to schools on discipline disparities comes directly from administrative authority to enforce the
Civil Rights Act, which requires either different treatment or disparate intent.
In a «Dear Colleague» letter released last year, the U.S. Department of Justice (DOJ) and Department of Education (ED) issued
guidance for schools on avoiding discrimination against students on the basis of race when administering school disciplinary policies, and warned that if minority students are subject to disciplinary actions at a higher rate than other students, schools could be faulted for
civil -
rights violations.
The Justice and Education departments still have not determined how to address existing desegregation cases — and whether or where to bring new ones — and have received little
guidance from the White House in crafting
civil - rights policy, the Citizens» Commission on Civil Rights, a bipartisan panel of former federal civil - rights officials and other advocates, says in a report released last
civil -
rights policy, the Citizens» Commission on Civil Rights, a bipartisan panel of former federal civil - rights officials and other advocates, says in a report released last
rights policy, the Citizens» Commission on
Civil Rights, a bipartisan panel of former federal civil - rights officials and other advocates, says in a report released last
Civil Rights, a bipartisan panel of former federal civil - rights officials and other advocates, says in a report released last
Rights, a bipartisan panel of former federal
civil - rights officials and other advocates, says in a report released last
civil -
rights officials and other advocates, says in a report released last
rights officials and other advocates, says in a report released last week.
Most importantly, the
guidance reminded schools and districts that, pursuant to the
Civil Rights Act of 1964, (and the corresponding disparate impact regulations established in that era), they have an obligation to eliminate unjustifiable policies associated with excessive and disparate discipline.
Comments: In May 2014, the Department of Education's Office of
Civil Rights issued new guidance on the obligations of charter schools to comply with federal civil rights
Civil Rights issued new guidance on the obligations of charter schools to comply with federal civil rights
Rights issued new
guidance on the obligations of charter schools to comply with federal
civil rights
civil rightsrights laws.
On the whole, the new
guidance from the U.S. Department of Education's Office of
Civil Rights is another example of executive overreach and federal interference run amok.
This net effect is systematically ignored by the ED and DOJ in promulgating their new
civil -
rights guidance.
On June 15, 2015, the U.S. Department of Education's Office for
Civil Rights (OCR) sent a letter to the National School Boards Association's (NSBA) General Counsel Francisco M. Negrón, Jr. responding to his March 5, 2015 letter to OCR regarding the regulatory
guidance it issued in November 2014 on the subject of the Americans with Disabilities Title II «effective communication» regulation.
E4E teachers met with officials from the Department of Education and testified before the U.S. Commission on
Civil Rights to share their perspectives on how discipline policies must be less exclusionary and express support for
guidance that helps districts achieve this.
Even with the
guidance, the U.S. Department of Education would only intervene when alerted about potential
civil rights violations.
Previous administrations have adjusted the pace of enforcement based on their ideology and political will.32 For example, then - President Richard Nixon ordered the OCR to not issue clarification to
guidance around school integration in hopes of slowing desegregation.33 Then - OCR Director Leon Panetta was forced to resign after he contradicted the president and agreed to issue clarification.34 At any given time, the OCR must evaluate violations of federal
civil rights laws; it will now be up to Education Secretary DeVos to decide if violations are addressed or swept under the rug.
Every administration has a different philosophy that governs the work of the Education Department's Office for
Civil Rights (OCR).28 Education Secretary DeVos» actions show a clear deprioritization of the office: Under her leadership, the Education Department announced that the OCR will not actively investigate patterns of discriminatory practices, 29 rolled back
guidance to prevent discrimination against transgender students, 30 and refused to commit to continue the
Civil Rights Data Collection.31
Many of our recommendations echo the 2014 «Dear Colleague» federal
guidance protecting the
civil rights of students of color, and we strongly advocate for its preservation.
This has included issuing
guidance that effectively stops Office for
Civil Rights investigators from looking at three years of past complaints to prove that a district or other school operators has engaged in systematic overspending of Black, Latino, and Native children, as well as the hiring of Hans Bader, a vocal opponent of school discipline reform.
In response to escalating reports of sexual harassment on school campuses, the federal Office of
Civil Rights has issued recent
guidance on schools» responsibilities when dealing with serious criminal acts - such as rape - and more common battery issues.
In 2014 the Department of Education and Department of Justice jointly released an extremely helpful school discipline
guidance package to address these kinds of inequities in school discipline and reinforce the meaning of the non-discrimination requirements under Title VI of the
Civil Rights Act.
The
guidance told school districts that discipline policies could be found in violation of federal
civil rights law based on discriminatory effects, even if the policies are neutral on their face.
The U.S. Department of Education released three new sets of
guidance today to assist the public in understanding how the Department interprets and enforces federal
civil rights laws protecting the
rights of students with disabilities.
Spurred by the data, the federal Departments of Education and Justice issued legal
guidance in January to every school district in the country, reminding them that disparities in discipline can violate federal
civil rights laws.
To both continue ED / DOJ efforts in connection with SSDI and fulfill the administration's commitment to «Now is the Time,» the
guidance package was developed with additional input from
civil rights advocates, major education organizations and philanthropic partners.
The Office of
Civil Rights in the Obama Department of Education even issued
guidances effectively coercing school districts into meting out racially proportionate discipline — with predictably disastrous results.
The Education Department should update its now archived
guidance on
civil rights regulations for charter schools, and strengthen it by including provisions known to have been successful in other programs like magnet schools, which combine school choice with high - quality diverse student bodies.
Today, in an op - ed published by the Washington Post and Chicago Tribune, former U.S. Education Secretary Arne Duncan and former Assistant Secretary for
Civil Rights Catherine Lhamon criticized the Trump administration's decision to rescind guidance clarifying civil rights protections for transgender students — including directives allowing students to use school -LSB-... cont
Civil Rights Catherine Lhamon criticized the Trump administration's decision to rescind guidance clarifying civil rights protections for transgender students — including directives allowing students to use school -LSB-... con
Rights Catherine Lhamon criticized the Trump administration's decision to rescind
guidance clarifying
civil rights protections for transgender students — including directives allowing students to use school -LSB-... cont
civil rights protections for transgender students — including directives allowing students to use school -LSB-... con
rights protections for transgender students — including directives allowing students to use school -LSB-... continue]
The Trump administration could rescind the education department's 2014
guidance, which tells school districts that the office may enforce Title VI of the
Civil Rights Act of 1964 and investigate schools where discipline policies have a «disproportionate and unjustified effect» on students based on race.
To help with new Parent and Family Engagement requirements under the Every Student Succeeds Act (ESSA) and to meet the
civil rights obligations of schools in working with Limited English Proficient (LEP) and English Learner (EL) families across the state of Maine, leaders in the Maine Department of Education are partnering with TransACT ® Parent Notices to provide all 266 local education agencies representing thousands of schools and teachers with unlimited access to expertly written parent notifications that meet legal requirements and
guidance on required audiences, and recommended timelines.
Her department has also taken action against various
civil rights initiatives from the Obama administration such as
guidance on the
rights of transgender students, and her department announced it was scaling back
civil rights investigations and would avoid looking into systemic issues.
While no such federal law exists, courts and the U.S. Department of Education's Office for
Civil Rights (OCR), as well as the U.S. Department of Justice's
Civil Rights Division, issued significant
guidance in May 2016 asserting that Title IX prohibition against sex discrimination encompasses discrimination based on a student's gender identity, including discrimination based on a student's transgender status.
In that
guidance the administration made clear to schools: These big disparities violate
civil rights law and will not be tolerated.
«Racial discrimination in our nation's educational systems persists and both the Departments of Education and Justice are failing to protect the
civil rights and educational future of our Black and brown students,» said Todd A. Cox, director of policy at the NAACP Legal Defense and Educational Fund, Inc. «This administration must stop endangering students of color and instead ensure equal educational opportunities and foster educational excellence by upholding the federal school discipline
guidance and promoting policies and programs that keep students safe.»
Specifically, TransACT ® Parent Notices provides standard and customizable communications in all languages, as well as
guidance on usage to all staff in a state or district to reduce cost and enable ESSA,
Civil Rights Act and Individuals with Disabilities Education Act compliance.
During their roundtable discussion with Secretary DeVos,
civil rights advocates expressed their frustration about the absence of diverse communities in the conversation, their continued objection to anti-
civil rights actions by the department, and their continued support for vital
guidance on nondiscrimination in school discipline.
Instead, the Department of Education must retain its school discipline
guidance and focus on building the positive, nurturing school climates that will ultimately lead to safer schools for all students,» said Brenda Shum, director of the Educational Opportunities Project at the Lawyers» Committee for
Civil Rights Under Law.
These
guidance documents specifically concerned school discipline practices and explained how the Office for
Civil Rights (OCR) in the United States Department of Education (US ED) would be analyzing data and conducting investigations into potentially discriminatory discipline practices by schools and districts.
In the Appendix to this
guidance, the Departments have provided a set of recommendations to assist schools in developing and implementing student discipline policies and practices equitably and in a manner consistent with their Federal
civil rights obligations.
I urge her to make good on that promise by maintaining the Department's evidence - based
guidance on school discipline and
civil rights enforcement.»
We encouraged the Department to retain the existing FAQ and
guidance documents on this issue and continue its role in
civil rights investigation and enforcement.
The next year, the U.S. Department of Education's Office for
Civil Rights issued the federal
guidance regarding discipline and the State of California followed with legislation passed in September 2014 that banned suspension for «willful defiance» in grades K - 3, and expulsion for «willful defiance» in all grades (ACLU, 2015).
In January 2014, the U.S. Department of Justice
Civil Rights Division and the U.S. Department of Education Office for
Civil Rights issued a joint federal
guidance stating that school discipline was discriminatory based on race and ethnicity and that exclusionary discipline «creates the potential for significant, negative educational and long - term outcomes, and can contribute to what has been termed the «school to prison pipeline»» (Joint «Dear Colleague Letter», 2014).
The U.S. Education Department's Office for
Civil Rights (OCR) released the letter as part of National Bullying Prevention Awareness Month — see all of the OCR's bullying prevention
guidance.