In July 2021, the US Senate's Health, Education, Labor, and Pensions Committee held confirmation hearings for Catherine E. Lhamon, President Joe Biden's nominee for assistant secretary for civil rights at the US Department of Education (ED). Lhamon served in the same role during the Obama administration from 2013 to 2017. During her hearing,…

Disparate impact is the dubious approach to civil rights enforcement that claims that an entirely neutral policy that does not discriminate on its face, is not intended to discriminate, and does not actually treat individuals differently based on their race still constitutes illegal racial discrimination if it has a "disproportionate"…

The Dear Colleague Letter (DCL) does the following: (1) Clarifies the relationship between bullying and discriminatory harassment under the civil rights laws enforced by the Department of Education's (ED) Office for Civil Rights (OCR); (2) Explains how student misconduct that falls under an anti-bullying policy also may trigger responsibilities…

In recent years, many state departments of education and local school districts have taken steps to reduce bullying in schools. The U.S. Department of Education (Department) fully supports these efforts. Bullying fosters a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create…