New Guidance on Use of Race to Achieve School Diversity Issued by Departments of Education, Justice

The U.S. Department of Education and the U.S. Department of Justice in December 2011 issued new guidance to explain how “elementary and secondary schools can voluntarily consider race to further compelling interests in achieving diversity and avoiding racial isolation.”

The guidance replaces the August 2008 letter issued by the Department of Education’s Office of Civil Rights entitled “The Use of Race in Assigning Students to Elementary and Secondary Schools.”

The guidance discusses U.S. Supreme Court decisions and offers examples of approaches to achieving diversity or avoiding racial isolation, including issues such as open and choice enrollment decisions, admission to competitive schools and programs, inter and intradistrict transfers, school zoning and program siting decisions, and grade realignment and feeder patterns.