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, Lhamon faced criticism for the controversial way in which she managed the Office for Civil Rights (OCR), especially for her use of informal "guidance" that often created new, legally binding standards intended to achieve specific policy shifts in schools. This report assesses Rethink School Discipline, Lhamon's discipline guidance package. During her most recent confirmation hearing, Lhamon expressed her intent to reinstate this guidance package, telling Senator Tina Smith (D-MN) that "it's crucial to reinstate guidance on the topic and I think it's crucial to be clear with school communities about what the civil rights obligations are and 'how best to do the work in their classrooms.'"