Title VI (Racial Discrimination)

Key Federal Agency Guidance 2008-2017

Key Federal Agency Guidance Affecting Schools November 2008 - February 2017. 

New ED guidance oversteps local authority on educational decisions

The U.S. Department of Education (ED) today announced guidance in the form of a dear colleague letter to states, school districts, and schools to ensure that students have equal access to educational resources.

Webinar: Recent Guidance from the U.S. Departments of Education and Justice: Title IX, Section 504/ADA and more

Invite your school district clients to join you as the NSBA legal staff reviews important recent guidance documents issued by the U.S. Departments of Education and Justice.  We'll cover topics such as Title IX and sexual violence (especially with respect sexual orientation and gender identity), the ADA Effective Communication regulation, racial disparities in student discipline, Charter Schools, student records and data, and more.  We will discuss how the guidance documents reflect policy initiatives and how NSBA is engaging with the Departments on these issues. 

School Desegregation: Learn, Preserve, and Empower

AARP Virginia formed a partnership with Old Dominion University, the Virginia Conference NAACP, and the Urban League of Virginia to collect stories and historic documents detailing Virginia’s historic and often painful past during Massive Resistance and the desegregation of its public schools. Luck will share the interesting travels of this exhibit, lessons learned from the trailblazers of history, and how AARP Virginia finds relevance in hosting listening sessions that spark “healing conversations” in hopes of connecting more communities to help our youth of tomorrow.

NSBA Amicus Brief - Grutter v. Bollinger, Gratz v. Bollinger (U.S. Sup. Ct.)

Equal protection: affirmative action - use of race as a factor in admissions process for purposes of fostering diversity.

Comfort v. Lynn School Committee, No. 03-2415 (1st Cir. October 20, 2004)

The U.S. Court of Appeals for the First Circuit has ruled that a Massachusetts school district’s use of race as a factor in its student assignment plan violates the Fourteenth Amendment’s Equal Protection Clause. Because race is a suspect classification under the Equal Protection Clause, the First Circuit applied the two-pronged strict scrutiny test to determine if the school district’s plan is constitutional. The first prong requires the government to demonstrate that the use of race serves a compelling governmental interest.

NSBA Amicus Brief - Comfort v. Lynn School Committee (1st Cir.)

Diversity: use of student race as factor in school assignments; supplemental brief; lead amicus Council of the Great City Schools. 

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