0 

US. Deportment 

of Transportation 

Federal Highway 

Administration Memorandum 

Subject: Rescission of FHW A Policy and Guidance Date: APR 2 5 2019 

concerning Title VI of the Civil Rights Act of 

1964 

In Reply Refer To: HCR-20 

From: Irene Rico 

Associate Adminis 

To: Division Administrators 

Assistant Division Administrators 

Chief Operating Officers; Second-inLine 

Civil Right~ Specialists 

As part of an ongoing effort to clarify policy and guidance related to Title VI by the 

Headquarters Office of Civil Rights, this memorandum rescinds the following previously 

issued and outdated documents that may currently be in use as policy and guidance:· 

• Title VI: Nondiscrimination in the Federal Aid Highway Program Handbook, 

Publication: FHWA-HCR-06-006. 

• Title VI: Nondiscrimination in the Federal Aid Highway Program Desk 

Reference, Publication: FHWA-HCR-07-0001. 

• Limited English Proficiency Program and the Federal-Aid Highway Program 

Handbook, Publication: FHWA-HCR-07-0010. 

• Tile VI Considerations in the Major Federal-Aid Highway Programs, Unknown 

Publication Number. 

• Your Rights Under Title VI of the Civil Rights of 1964, brochure, Publication: 

FHWA-HCR-06-003. 

• Preventing Discrimination in the Federal Aid Program: Systematic 

Interdisciplinary Approach Reference Notebook, Unknown Publication 

Number. 

• March 22, 2006 Memorandum on Processing Complaints filed under the 

Americans with Disabilities Act of 1990 and Title VI of the Civil Rights Act of 

1964. 

• Impacts of the Civil Rights Restoration Act of 1987 on FHWA programs, 

September 2, 1992, Classification Code N 4720.6, superseded by 49 CFR 

21.23( e ), September 2002. 

• All Title VI processes and procedures included in the Procedures Manual for 

Processing External Complaints of Discrimination. Federal Highway 

Administration, July 9, 2010. 
Please see the attached crosswalk table for infonnation regarding rescinded documents and 

current guidance and technical assistance. 

The Headquarters' Office of Civil Rights is requesting that Divisions contact their State 

pepartments of Transportation to inform them that these materials are not in use by FHW A 

and should not be relied on or referenced by FHW A recipients and sub-recipients. HCR also 

request that Divisions ask their States to remove these materials from any public-facing 

websites and ensure the documents are not provided as part of any training materials or 

presentations. 

The Federal Highway Administration, Office of Civil Rights, has published an online Title 

VI Toolkit at https://www.fhwa.dot.gov/civilrights/programs/title vi/ which contains all 

current policy, guidance, and regulations as they pertain to Title VI. The toolkit also contains 

links to associated policy and guidance documents, reference materials, data collection and 

analysis tools, helpful forms, templates, fact sheets, presentations, and case decisions for 

Title VI. 

If you have any questions about this memorandum, please contact Nichole Mc Whorter on 

(202) 366-3384. 

Attachment: Rescission Crosswalk 

cc: Yvette Rivera, Associate Director, Equal Employment Opportunity Programs Division, 

Departmental Office of Civil Rights 

James Esselman, Senior Attorney Advisor, FHWA's Office of Chief Counsel 

Sandy Talbert-Jackson, Civil Rights Technical Director, FHWA's Resource Center 
Attachment: Rescission Crosswalk Table 
Rescinded Document 

1. Title VI: Nondiscrimination in 

the Federal Aid Highway 

Program Handbook, 

Publication: FHWA-HCR-06-

006 . 

2. Title VI: Nondiscrimination in 

the Federal Aid Highway 

Program Desk Reference, 

Publication: FHWA-HCR-07-

0001 

Current Document(s) 

• Title VI Essentials Presentation 

• Title VI Data Collection and Analysis 

Presentation 

• Introduction to Title VI Reviews 

Presentation 

• Title VI Complaint Procedures Presentation 

• Writing Effective Title VI Plans Presentation 

• Intentional Discrimination and Disparate 

Impact Presentation 

• Data Collection Flyer Sample 

• Title VI Requirements for Subrecipients 

Sample 

• Title VI Basics Factsheet 

• Title VI Implementation Plans Factsheet 

• Goals and Accomplishments Reports 

Factsheet 

• Types of Discrimination Factsheet 

• Ensuring Compliance Through Reviews 

Facts he et 

• Data Collection and Analysis Walkthrough 

• State Title VI Plans - Promising Practices 

and Procedures 

• Data Sources Assessment Sample 

• Title VI Essentials Presentation 

• ntle VI Data Collection and Analysis 

Presentation 

• Introduction to Title VI Reviews 

Presentation 

• Title VI Complaint Procedures Presentation 

• Writing Effective Title VI Plans Presentation 

• Intentional Discrimination and Disparate 

Impact Presentation 

• Data Collection Flyer Sample 

• Title VI Requirements for Subrecipients 

Sample 

• Title VI Basics Factsheet 

• Title VI Implementation Plans Factsheet 

• Goals and Accomplishments Reports 

Factsheet 

• Types of Discrimination Factsheet 

• Ensuring Compliance Through Reviews 

Factsheet 

• Data Collection and Analysis Walkthrough 

• State Title VI Plans - Promising Practices 

and Procedures 

• Data Sources Assessment Sample 

Comments 

In response to its internal Title VI Task 

Force recommendations and a national 

review by the FHWA Program 

Management Improvement Team, the 

FHWA Office of Civil Rights created a set 

of practical Title VI tools and training 

materials. FHWA's goal was to provide 

state and local entities, as well as FHWA 

personnel, with simple, "how to" 

materials on the essentials of Title VI, 

demographic data collection and 

analysis, legal standards, and promising 

state practices and procedures. In April, 

2019, the Office of Civil Rights released 

its Title VI Toolkit and additional training 

materials on the Office of Civil Rights 

Public website. FHWA will continue to 

update its website with new Title VI 

materials and revisions as necessary. 

In response to its internal Title VI Task 

Force recommendations and a national 

review by the FHWA Program 

Management Improvement Team, the 

FHWA Office of Civil Rights created a set 

of practical Title VI tools and training 

materials. FHWA's goal was to provide 

state and local entities, as well as FHWA 

personnel, with simple, "how to" 

materials on the essentials of Title VI, 

demographic data collection and 

analysis, legal standards, and promising 

state practices and procedures. In April, 

2019, the Office·of Civil Rights released 

its Title VI Toolkit and additional training 

materials on the Office of Civil Rights 

Public website. FHWA will continue to 

update its website with new Title VI 

materials and revisions as necessary. 
3. Limited English Proficiency 

Program and the Federal-Aid 

Highway Program Handbook, 

Publication: FHWA-HCR-07-

0010 

4. Tile VI Considerations in the 

Major Federal-Aid Highway 

Programs, Unknown 

Publication Number 

5. Your Rights Under Title VI of 

the Civil Rights of 1964, 

brochure, Publication: 

FHWA-HCR-06-003 

• LEP: Four-Factor Analysis Walkthrough 

• Policy Guidance Concerning Recipient's 

Responsibilities to Limited English 

Proficient (LEPI Persons; 70 Fed. Reg. 74087 

(Dec. 14, 2005) 

• Title VI Essentials Presentation 

• Title VI Data Collection and Analysis 

Presentation 

• Introduction to Title VI Reviews 

Presentation 

• Title VI Complaint Procedures Presentation 

• Writing Effective Title VI Plans Presentation 

• Intentional Discrimination and Disparate 

Impact Presentation 

• Data Collection Flyer Sample 

• Title VI Requirements for Subrecipients 

Sample 

• Title VI Basics Factsheet 

• Title VI Implementation Plans Factsheet 

• Goals and Accomplishments Reports 

Factsheet 

• Types of Discrimination Factsheet 

• Ensuring Compliance Through Reviews 

Factsheet 

• Data Collection and Analysis Walkthrough 

• State Title VI Plans - Promising Practices 

and Procedures 

• Data Sources Assessment Sample 

• Title VI Basics Factsheet 

• Types of Discrimination Factsheet 

• Ensuring Compliance Through Reviews 

Factsheet 

As part of the Office of Civil Rights Title 

VI Toolkit and training materials, FHWA 

included new "how to" tutorials on LEP 

data collection and analysls, In addition 

to links to the U.S. Department of 

Transportation LEP guidance. 

In response to its internal Title VI Task 

Force recommendations and a national 

review by the FHWA Program 

Management Improvement Team, the 

FHWA Office of Civil Rights created a set 

of practical Title VI tools and training 

materials. FHWA's goal was to provide 

state and local entitles, as well as FHWA 

personnel, with simple, "how to" 

materials on the essentials of Title VI, 

demographic data collection and 

analysis, legal standards, and promising 

state practices and procedures. In April, 

2019, the Office of Civil Rights released 

its Title VI Toolkit and additional training 

materials on the Office of Civil Rights 

Public website. FHWA will continue to 

update Its website with new Title VI 

materials and revisions as necessary. 

As part of the Office of Civil Rights Title 

VI Toolkit and training materials, FHWA 

included factsheets and sample 

handouts to address the basics of Title VI 

for the public. 
6. Preventing Discrimination in 

the Federal Aid Program: 

Systematic Interdisciplinary 

Approach Reference 

Notebook, Unknown 

Publication Number 

7. March 22, 2006 

Memorandum on Processing 

Complaints filed under the 

Americans with Disabilities 

Act of 1990 and Title VI of 

the Civil Rights Act of 1964. 

8. Impacts of the Civil Rights 

Restoration Act of 1987 on 

FHWA programs, N 4720.6, 

September 2, 1992 

9. All Title VI processes and 

procedures included in the 

Procedures Manual for 

Processing External 

Complaints of 

Discrimination. Federal 

Highway Administration, July 

9, 2010 

• Title VI Essentials Presentation 

• Title VI Data Collection and Analysis 

Presentation 

• Introduction to Title VI Reviews 

Presentation 

• Title VI Complaint Procedures Presentation 

• Writing Effective Title VI Plans Presentation 

• Intentional Discrimination and Disparate 

Impact Presentation 

• Data Collection Flyer Sample 

• Title VI Requirements for Subreclpients 

Sample 

• Title VI Basics Factsheet 

• Title VI Implementation Plans Factsheet 

• Goals and Accomplishments Reports 

Factsheet 

• Types of Discrimination Factsheet 

• Ensuring Compliance Through Reviews 

Factsheet 

• Data Collection and Analysis Walkthrough 

• State Title VI Plans - Promising Practices 

and Procedures 

• Data Sources Assessment Sample 

• 6/13/18 Memorandum on Processing Title 

VI Complaints 

• Questions and Answers for Complaints 

Alleging Violations of Title VI of the Civil 

Rights Act of 1964. 

• 68 FR 51389, Aug. 26, 2003; 49 C.F.R. 

§21.23(e). 

• Questions and Answers for Complaints 

Alleging Violations of Title VI of the Civil 

Rights Act of 1964. 

In response to its internal Title VI Task 

Force recommendations and a national 

review by the FHWA Program 

Management Improvement Team, the 

FHWA Office of Civil Rights created a set 

of practical Title VI tools and training 

materials. FHWA's goal was to provide 

state and local entities, as well as FHWA 

personnel, with simple, "how ton 

materials on the essentials of Title VI, 

demographic data collection and 

analysis, legal standards, and promising 

state practices and procedures. _In April, 

2019, the Office of Civil Rights released 

its Title VI Toolkit and additional training 

materials on the Office of Ovil Rights 

Public website. FHWA will continue to 

update its website with new Title VI 

materials and revisions as necessary. 

FHWA issued new guidance in the form 

of its Title VI Complaints Q&A document, 

which supersedes the prior guidance. 

Original FHWA Notice described effects 

of the Civil Rights Restoration Act of 

1987 on FHWA programs. In 2003, the 

USDOT published updated regulations 

for the USDOT and all modal 

administrations to codify the effect of 

the Restoration Act. 

FHWA issued new guidance in the form 

of Its Title VI Complaints Q&A document, 

which supersedes the prior guidance.