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# U.S. Department of Education’s Office for Civil Rights Issues Resource on Race and School Programming

# U.S. Department of Education’s Office for Civil Rights Issues Resource on Race and School Programming

August 24, 2023

**Contact:  **press@ed.gov

                                    -        
Today, the U.S. Department of Education’s Office for  Civil Rights (OCR) released a Dear Colleague Letter (DCL) on Race and School  Programming to guide schools on lawful programs to promote racially inclusive  school communities. This resource clarifies the circumstances under which  schools can – consistent with Title VI of the Civil Rights Act of 1964 and its implementing  regulations – develop curricula and programs or engage in activities that  promote racially inclusive school communities.

Title VI, a law enforced by OCR, prohibits discrimination  based on race, color, or national origin in programs or activities receiving  federal financial assistance, including public schools serving students in  pre-K through grade 12 and colleges and universities.

“Today’s resource shares with school communities  practical guidance about whether and when federal civil rights laws permit –  and in some cases require – schools to take actions related to race, as well as  whether and when these same laws may require that schools not act based on  race,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “This  resource aims to assist our nation’s schools to fulfill Congress’ longstanding  promise that no student experience discrimination based on race.”  

The DCL includes hypothetical examples to help schools  assess their Title VI legal obligations and protections concerning school-sponsored  curricula and programming. This resource clarifies circumstances under which  schools may be in violation of Title VI when they separate students based on  race or treat individual students or groups of students differently based on  race. It clarifies that schools may also violate Title VI when they create,  encourage, accept, tolerate, or fail to correct a racially hostile educational  environment. 

Additionally, the DCL underscores that Title VI generally  does not restrict schools from holding assemblies, meetings, focus groups, or  listening sessions that relate to students’ experiences with race in their  school or community. The resource also states that school-sponsored or  recognized groups or programs with a special emphasis on race, such as a  student club or mentorship opportunity, that are open to all students,  typically do not violate Title VI simply because of a race-related theme.

This letter follows the release of a January 2023 OCR Diversity & Inclusion Activities Under Title VI fact sheet that confirmed for educators, parents, and students that diversity,  equity, and inclusion training and similar activities generally are consistent  with Title VI.
OCR is available to provide technical  assistance to institutions, organizations, and members of the public that  request assistance in complying with any aspect of the civil rights laws OCR  enforces, including those issues addressed in the resource.

If individuals within a school community have  questions or would like technical assistance, they may contact the OCR office  serving their state or territory by visiting https://ocrcas.ed.gov/contact-ocr.
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