Diverse learning environments help students in elementary, secondary, and higher education sharpen their critical thinking and analytical skills, prepare all students to succeed in an increasingly diverse and interconnected world, break down stereotypes and reduce bias, and enable schools to fulfill their role in opening doors for students of all backgrounds.
OCR has issued guidance on various occasions to explain how school districts, colleges, and universities can pursue racial diversity consistent with Title VI and Supreme Court decisions in this area. School districts have flexibility, for example, to avoid racial isolation through decisions about siting schools and academic programs, drawing school attendance zones, aligning grades between schools, and setting enrollment and transfer policies. Likewise, colleges and universities can pursue a racially diverse student body through their admissions, recruitment, outreach, mentoring, support, and financial aid programs, among others. If an educational institution considers an individual student’s race in providing access to its programs or activities, however, it must be narrowly tailored to achieve a compelling interest, consistent with criteria set by the U.S. Supreme Court and applied by OCR when it assesses compliance with Title VI,
Policy Guidance
Date | Title of Document |
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August 24, 2023 |
Dear Colleague Letter on Race and School Programming | |
This resource clarifies the circumstances under which recipients of federal financial assistance from the Department can – consistent with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations – develop curricula and programs or engage in activities that promote racially inclusive school communities. It explains that schools may be in violation of Title VI when they separate students based on race even if programming for each group is identical. Schools also may be in violation of Title VI when they create, encourage, accept, tolerate, or fail to correct a racially hostile educational environment.
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August 14, 2023 |
Resources on Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina et al. (SFFA cases) | |
The Departments of Education and Justice jointly released resources to help colleges and universities understand and comply with the U.S. Supreme Court’s decision in the SFFA cases. The Dear Colleague Letter reaffirms our commitment to ensuring that colleges and universities remain open to all, regardless of race. The Q&A distills the Court’s core holding and offers examples of steps colleges and universities can lawfully take to achieve a student body that is diverse across a range of factors, including race and ethnicity, such as: targeted outreach, recruitment, and pathway programs; collection and consideration of demographic data; evaluation of admission policies; and retention strategies and programs. |
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January 31, 2023 |
Fact Sheet: Diversity & Inclusion Activities Under Title VI |
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This fact sheet confirms for educators, parents, and students that diversity, equity, and inclusion training and similar activities generally are consistent with Title VI of the Civil Rights Act of 1964. |
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September 30, 2016 |
Questions and Answers about the Supreme Court’s 2016 ruling in Fisher v. University of Texas at Austin |
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This “Questions and Answers” entry provides information about the U.S. Supreme Court’s June 2016 ruling in Fisher v. University of Texas at Austin (Fisher II), and reiterates the continued support of the Departments of Education and Justice for the voluntary use of race and ethnicity to achieve diversity in education.
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May 6, 2014 |
Letter on Supreme Court ruling in Schuette v. Coalition to Defend Affirmative Action |
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"Dear Colleague" letter concerning the U.S. Supreme Court ruling in Schuette v. Coalition to Defend Affirmative Action. The letter provides information about the Schuette decision and reiterates the Departments’ support for the voluntary use of race and ethnicity to achieve diversity in education.
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September 27, 2013 |
Guidance on the Voluntary Use of Race to Achieve Diversity in Higher Education after Fisher v. University of Texas at Austin |
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This “Dear Colleague” letter provides colleges and universities with information about the ruling in Fisher v. University of Texas at Austin, and reiterates the Departments of Justice and the Department of Education’s stance on the voluntary use of race to achieve diversity in higher education.
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December 2, 2011 |
Voluntary use of race to achieve diversity or avoid racial isolation |
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Joint OCR/DOJ "Dear Colleague" letter and guidance documents addressing the voluntary use of race to achieve diversity or avoid racial isolation in elementary and secondary schools, and the voluntary use of race to achieve diversity in postsecondary institutions.
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July 30, 1996 |
Guidance on Consideration of Race in Making College and University Admissions Decisions and Awarding Financial Aid in Light of the Hopwood v. Texas Decision |
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Consideration of race in making college and university admissions decisions and awarding financial aid, in light of the Hopwood v. Texas decision. |
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February 23, 1994 |
Guidance on the Use of Race and National Origin in Student Financial Aid |
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Federal Register Notice of Final Policy Guidance on the use of race and national origin in student financial aid programs.
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October 10, 1979 |
Policy Interpretation on Nondiscrimination in Light of the Supreme Court’s Decision in Regents of the University of California v. Bakke |
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Policy Interpretation on the voluntary use of race and national origin by institutions of higher education in admissions, published as a Federal Register Notice, Vol. 44, No. 197 (Oct. 10, 1979). |
Please see our Reading Room for a full list of guidance documents on issues related to Race, Color, or National Origin Discrimination.
Case Resolutions
- City University of New York (NY) (02-06-2094 and 02-06-2123, et.al)
- Read the Resolution Letter PDF (169K)
- Community College of Allegheny County (PA) (03-07-2043)
- Read the Resolution Letter PDF (201K)
- Fairfax County School Division (VA) (11-04-1020)
- Read the Resolution Letter PDF (476K)
- Indian Prairie Community Unit Sch. District (IL) (05-10-1173)
- Read the Resolution Letter PDF (168K)
- Lower Merion School District (PA) (03-09-1082)
- Read the Resolution Letter PDF (124K)
- New Hanover County Schools (NC) (11-09-1240 and 11-11-1185
- North Carolina State University at Raleigh (NC) (11-04-2009)
- Read the Resolution Letter PDF (214K)
- Ontario–Montclair School District (CA) (09-09-1241)
- Read the Resolution Letter PDF (225K)
- Pitt County Public Schools (NC) (11-10-1040)
- Read the Resolution Letter PDF (298K)
- Princeton University (NJ) (02-08-6002)
- Read the Resolution Letter PDF (392.69K)
- Rice University (TX) (06-05-2020)
- Read the Resolution Letter PDF (211.07K)
- University of Missouri (MO) (07-05-2028)
- Read the Resolution Letter PDF (230K)
- University of North Carolina-Chapel Hill (NC) (11-07-2016)
- Read the Resolution Letter PDF (348K)
- University of Virginia (VA) (11-03-2072)
- Read the Resolution Letter PDF (204K)
- More Case Resolutions
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