Notice2026-21685
Clarification on Department of Justice and Department of Education Guidance Documents Regarding Federal Nondiscrimination Laws
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 23, 2026
Issuing agencies
Justice DepartmentEducation Department
Abstract
The U.S. Department of Justice (DOJ) and U.S. Department of Education (ED) (the Departments) are issuing this document to clarify that seven guidance documents issued jointly by the Departments are not enforceable. In addition, the Departments plan to revisit these guidance documents in light of the Supreme Court's decision in Loper Bright Enters. v. Raimondo, 603 U.S. 369, 400 (2024), to assess whether they are consistent with the single best meaning of the relevant statutory text. The Departments will not rely upon these guidance documents in their enforcement of federal civil rights laws, including Titles IV and VI of the Civil Rights Act of 1964 (Title IV and Title VI), 42 U.S.C. 2000c et seq. and 2000d et seq., the Equal Educational Opportunities Act of 1974 (EEOA), 20 U.S.C. 1701-1720, the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq., and Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794.
Full Text
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<title>Federal Register, Volume 91 Issue 204 (Friday, October 23, 2026)</title>
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[Federal Register Volume 91, Number 204 (Friday, October 23, 2026)]
[Notices]
[Page 66840]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21685]
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DEPARTMENT OF JUSTICE
DEPARTMENT OF EDUCATION
Clarification on Department of Justice and Department of
Education Guidance Documents Regarding Federal Nondiscrimination Laws
AGENCY: Civil Rights Division, Department of Justice; Office for Civil
Rights, Department of Education.
ACTION: Notice; clarification.
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SUMMARY: The U.S. Department of Justice (DOJ) and U.S. Department of
Education (ED) (the Departments) are issuing this document to clarify
that seven guidance documents issued jointly by the Departments are not
enforceable. In addition, the Departments plan to revisit these
guidance documents in light of the Supreme Court's decision in Loper
Bright Enters. v. Raimondo, 603 U.S. 369, 400 (2024), to assess whether
they are consistent with the single best meaning of the relevant
statutory text. The Departments will not rely upon these guidance
documents in their enforcement of federal civil rights laws, including
Titles IV and VI of the Civil Rights Act of 1964 (Title IV and Title
VI), 42 U.S.C. 2000c et seq. and 2000d et seq., the Equal Educational
Opportunities Act of 1974 (EEOA), 20 U.S.C. 1701-1720, the Americans
with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq., and
Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C.
794.
FOR FURTHER INFORMATION CONTACT: John Mertens, Acting Chief,
Educational Opportunities Section, Civil Rights Division, 202-514-4092;
Maria Litsakis, Acting Director, Program Legal Group, Office for Civil
Rights, 800-421-3481.
SUPPLEMENTARY INFORMATION: During the years 2015-2023, the Departments
issued the following guidance documents regarding Title IV, Title VI,
the EEOA, the ADA, and Section 504:
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Date issued Agencies Guidance title
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1........... January 7, 2015.. DOJ, ED......... Dear Colleague
Letter: English
Learner Students and
Limited Proficient
Parents.\1\
2........... January 7, 2015.. DOJ, ED......... Fact Sheet: Ensuring
English Learner
Students Can
Participate
Meaningfully and
Equally in
Educational
Programs.\2\
3........... January 7, 2015.. DOJ, ED......... Information for
Limited English
Proficient (LEP)
Parents and
Guardians and for
Schools and School
Districts that
Communicate with
Them.\3\
4........... May 10, 2021..... DOJ, ED......... Confronting COVID-19-
Related Harassment
in Schools.\4\
5........... May 26, 2023..... DOJ, ED......... Resource on
Confronting Racial
Discrimination in
Student
Discipline.\5\
6........... August 14, 2023.. DOJ, ED......... Dear Colleague
Letter: Questions
and Answers
Regarding the
Supreme Court's
Decision in Students
for Fair Admissions,
Inc. v. Harvard
College and
University of North
Carolina.\6\
7........... August 14, 2023.. DOJ, ED......... Questions and Answers
Regarding the
Supreme Court's
Decision in Students
for Fair Admissions,
Inc. v. Harvard
College and
University of North
Carolina.\7\
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Each of the guidance documents discusses legal standards under
federal civil rights laws enforced by the Departments. Some of the
guidance documents assert that they do not have the force and effect of
law, have no binding effect, and do not impose new legal requirements.
The Departments' guidance documents, including these guidance
documents, do not establish legally enforceable responsibilities beyond
what is required by the terms of the applicable statutes, regulations,
or binding judicial precedent.\8\ This is consistent with Supreme Court
jurisprudence, which has held that guidance documents ``do not have the
force and effect of law.'' Perez v. Mortg. Bankers Ass'n, 575 U.S. 92,
97 (2015) (quoting Shalala v. Guernsey Mem'l Hosp., 514 U.S. 87, 99
(1995)). Regardless, the Departments are concerned about confusion over
the non-enforceable nature of the guidance documents and issue this
clarification that the guidance documents are not enforceable.
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\1\ <a href="https://www.ed.gov/sites/ed/files/about/offices/list/ocr/letters/colleague-el-201501.pdf">https://www.ed.gov/sites/ed/files/about/offices/list/ocr/letters/colleague-el-201501.pdf</a>.
\2\ <a href="https://www.ed.gov/sites/ed/files/about/offices/list/ocr/docs/dcl-factsheet-el-students-201501.pdf">https://www.ed.gov/sites/ed/files/about/offices/list/ocr/docs/dcl-factsheet-el-students-201501.pdf</a>.
\3\ <a href="https://www.ed.gov/sites/ed/files/about/offices/list/ocr/docs/dcl-factsheet-lep-parents-201501.pdf">https://www.ed.gov/sites/ed/files/about/offices/list/ocr/docs/dcl-factsheet-lep-parents-201501.pdf</a>.
\4\ <a href="https://www.ed.gov/media/document/confronting-covid-19-related-harassment-schools-112258.pdf">https://www.ed.gov/media/document/confronting-covid-19-related-harassment-schools-112258.pdf</a>.
\5\ <a href="https://www.justice.gov/archives/opa/press-release/file/1585291/dl?inline">https://www.justice.gov/archives/opa/press-release/file/1585291/dl?inline</a>.
\6\ <a href="https://www.ed.gov/media/document/dear-colleague-letter-questions-and-answers-regarding-students-fair-admissions-112306.pdf">https://www.ed.gov/media/document/dear-colleague-letter-questions-and-answers-regarding-students-fair-admissions-112306.pdf</a>.
\7\ <a href="https://www.ed.gov/media/document/colleague-20230814pdf-35094..pdf">https://www.ed.gov/media/document/colleague-20230814pdf-35094..pdf</a>.
\8\ See U.S. Dep't of Just., Just. Manual Sec. 1-19.000 (last
updated Apr. 2022), <a href="https://perma.cc/E35H-F7FF">https://perma.cc/E35H-F7FF</a>.
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Further, each of the guidance documents was issued prior to the
Supreme Court's decision in Loper Bright, which held that agency
interpretations must be consistent with the ``single, best meaning'' of
the statute authorizing them. 603 U.S. at 400. For these reasons, the
Departments plan to revisit the guidance documents listed in this
notice in light of Loper Bright to determine whether they are
consistent with the ``single, best meaning'' of the relevant federal
civil rights laws enforced by the Departments. The Departments will not
rely upon the guidance documents listed in this notice in their
enforcement of Titles IV and Title VI, the EEOA, the ADA, and Section
504.
Dated: October 20, 2026.
Harmeet K. Dhillon,
Assistant Attorney General, Department of Justice.
Kimberly Richey,
Assistant Secretary, Office for Civil Rights, Department of Education.
[FR Doc. 2026-21685 Filed 10-22-26; 8:45 am]
BILLING CODE 4410-13-P
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