SUPPLEMENTARY INFORMATION:

During the years 2015-2023, the Departments issued the following guidance documents regarding Title IV, Title VI, the EEOA, the ADA, and Section 504:

Each of the guidance documents discusses legal standards under federal civil rights laws enforced by the Departments. Some of the guidance documents assert that they do not have the force and effect of law, have no binding effect, and do not impose new legal requirements. The Departments' guidance documents, including these guidance documents, do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.^[8] This is consistent with Supreme Court jurisprudence, which has held that guidance documents “do not have the force and effect of law.” Perez v. Mortg. Bankers Ass'n, 575 U.S. 92, 97 (2015) (quoting Shalala v. Guernsey Mem'l Hosp., 514 U.S. 87, 99 (1995)). Regardless, the Departments are concerned about confusion over the non-enforceable nature of the guidance documents and issue this clarification that the guidance documents are not enforceable.

Further, each of the guidance documents was issued prior to the Supreme Court's decision in Loper Bright, which held that agency interpretations must be consistent with the “single, best meaning” of the statute authorizing them. 603 U.S. at 400. For these reasons, the Departments plan to revisit the guidance documents listed in this notice in light of Loper Bright to determine whether they are consistent with the “single, best meaning” of the relevant federal civil rights laws enforced by the Departments. The Departments will not rely upon the guidance documents listed in this notice in their enforcement of Titles IV and Title VI, the EEOA, the ADA, and Section 504.

91 FR 66840