Download PDF: Letter Regarding School Discipline Guidance

In February 2014, Commissioners Heriot and Kirsanow sent Secretary of Education Arne Duncan and Attorney General Eric Holder a letter expressing opposition to disparate impact provisions contained in a “Dear Colleague” letter and accompanying Guidance. The letter expressed the probability that Title VI does not include a disparate impact component, as was stated in Alexander v. Sandoval. The letter also warned that even if the legal issues surrounding the Guidance could be resolved, it would still be unwise policy.