The package included a «Dear Colleague» letter, issued jointly by DOE and DOJ, warning
against intentional racial discrimination but also stating that schools
unlawfully discriminate even «if a policy is neutral on its face — meaning that the policy itself does not mention race — and is administered in an evenhanded manner but has a disparate impact, i.e., a disproportionate and unjustified effect on
students of a particular race.»