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1 1 (December 15, 2021)

handle is hein.amenin/aeiaeey0001 and id is 1 raw text is: Key Points a Although the 2014 Dear Coileague letter on school dscipline was routineiy d-scribed by journal sts as nonbinding guidance without Force of IawZ it actually applied substantial coercve power to school districts. e The Department of Education's Office for il Riightt. (0CR) used disparate impact as a pretext For fnvasive investgations that woulo only end vwhern school dstricts acreed to adopt lenient discipline policies. % With the confirmation of Catherine i. [hamon as assistant secetarv of (jR, it's aii but cer- tain tha the Biden adrninistration will take a similar or even more aggressive approach on schoc; discioline, G Governors and state legilators can and should take steps to defend. the adirninistrativc a'utonomy of school distrs reardig schol discipline. in -uly 2021, the US Senate's Health, Education, L ab r, and Pensions Comrittee held confirmation hearings for Catherine E. lhaamon, President Joe Siden's nominee far assistant secretary for civ rights at the US Department of Education (ED). Llamon served in the same role during the Obana administration from 2013 to 2017, During her hear- ig. 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, lharmon's discipline guidance package that included, among other documents, a Dear Colleague letter DCL) on the Nhnfe^discriianatery Adarindstration of School Discipline.' (Emphasis added.) OCR and the Civil Rights Division at the Department of Justice (DOJ) jointly issued the DCL on January 8, 2(314. During her most recent confirmation hearing, Lh.amon expressed her intent to reinstate this guidance package, telling Sen. Tin. Smith (D--MN) tnat it's crucial to reinstate guidance on the topic and I think it's crucial to be clear with school coin- nrunities about what the civil rights obligations arc and how4 best to do the w'ork in their chwsrores.t (Emphasis added,) Given that its reissuance appears to be a fait accom- p1, policyrnal;ers and the public must understand

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