OCR Releases “Dear Colleague” Letter on Interpretation of Nondiscrimination Obligations and Enforcement Priorities

The Department of Education’s Office for Civil Rights (OCR) issued a “Dear Colleague Letter” on Friday, February 14, in which it set out the new administration’s interpretation of nondiscrimination obligations for educational institutions that receive federal funding. The Letter warns schools that treating students differently based on race to achieve goals including diversity, racial balancing, social justice, and equity, is in OCR’s opinion, illegal. While this guidance does not have the force or effect of law, the Letter provides notice for schools of OCR’s interpretation of federal law and instructs schools to take steps that ensure compliance with its directives within two weeks or risk OCR bringing an enforcement action with a further risk of losing federal funding.

These are highly sensitive matters and Franczek P.C. stands ready to assist your school in evaluating next steps, if any, considering the directives issued by OCR in its Dear Colleague Letter. If you have any questions regarding the Dear Colleague Letter or need assistance in addressing reports of discrimination, including training on schools’ obligations under Title VI, please contact a Franczek attorney.