On January 8, 2014, the U.S. Department of Education’s Office for Civil Rights (“OCR”), in conjunction with the Civil Rights Division of the U.S. Department of Justice (“DOJ”), released its first-ever federal policy guidance addressing discipline in elementary and secondary schools.
Issued as a joint “Dear Colleague” letter by U.S. Secretary of Education Arne Duncan and U.S. Attorney General Eric Holder, the guidance makes the case that student discipline practices across the nation have become a civil rights issue and outlines the approach OCR and DOJ will take when investigating complaints of race or national origin discrimination in a school or district’s disciplinary practices.
The guidance does not create new law, however it does provide information and examples of the DOE’s expectations under existing law. It also clarifies that districts can be held responsible for discrimination not just by employees, but also by agents such as security guards or law enforcement officials.
For a copy of the Dear Colleague letter please visit our website at www.collinslabor.com.
