The Office for Civil Rights of the U.S. Department of Education (ED) released a 15-page "Dear Colleague" letter on Aug. 24 from Catherine E. Lhamon, assistant secretary for civil rights, offering guidance to schools on creating racially inclusive environments while upholding federal legal boundaries.
"This resource offers practical guidance to school communities about when federal civil rights laws allow, and sometimes mandate, schools to take actions related to race," Lhamon said in a news release.
The letter seeks to clarify the scope and limitations of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in programs and activities that receive federal funds. Title VI says, "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
Lhamon said in the press release that the letter intends to be practical guidance, addressing “situations where these laws require schools to refrain from considering race." Lhamon emphasized that the aim of this resource is to assist schools in upholding the congressional commitment to ensuring that no student faces discrimination based on race.
The letter covers a number of legal standards under Title VI. One is unlawful express racial classifications—situations in which express racial classifications are deemed unlawful under Title VI. Another is the racially discriminatory application of facially neutral policies. This means racially discriminatory application of policies that appear neutral on the surface but violate Title VI. Another is racial harassment and hostile environments. The guidance addresses the prevention of racial harassment and hostile environments within educational settings. School curricula and programming are included as another subject. The letter offers insights into developing curricula and programming that promote racial inclusivity while adhering to Title VI regulations.
Separation of students and different treatment based on race is another covered topic. The document highlights instances in which the separation of students or differential treatment based on race is inconsistent with Title VI. Another is race-based hostile environments and other school programming. The letter focuses on preventing racially hostile environments in school settings and promoting inclusive programming. Another is extracurricular programming, activities, and organizations. The guidance provides clarity on promoting inclusivity in extracurricular activities and organizations within educational institutions.
The letter includes numerous examples aimed at helping educational institutions better understand how they can develop curricula and engage in activities that foster racially inclusive communities while adhering to Title VI and its implementing regulations.
