Clarification on Department of Justice and Department of Education Guidance Documents Regarding Federal Nondiscrimination Laws

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.