Request for Information Regarding the Nondiscriminatory Administration of School Discipline, 30449-30453 [2021-11990]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
jbell on DSKJLSW7X2PROD with NOTICES
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Fastener Quality Act Insignia
Recordal Process
The United States Patent and
Trademark Office (USPTO) will submit
the following information collection
request to the Office of Management and
Budget (OMB) for review and clearance
in accordance with the Paperwork
Reduction Act of 1995, on or after the
date of publication of this notice. The
USPTO invites comment on this
information collection renewal, which
helps the USPTO assess the impact of
its information collection requirements
and minimize the public’s reporting
burden. Public comments were
previously requested via the Federal
Register on January 15, 2021 during a
60-day comment period. This notice
allows for an additional 30 days for
public comments.
Agency: United States Patent and
Trademark Office, Department of
Commerce.
Title: Fastener Quality Act Insignia
Recordal Process.
OMB Control Number: 0651–0028.
Form Number:
• PTO–1611 (Application for Recordal
of Insignia or Renewal/Reactivation of
Recordal Under the Fastener Quality
Act)
Type of Review: Extension and
revision of a currently approved
information collection.
Number of Respondents: 96
respondents per year.
Estimated Time per Response: The
USPTO estimates that it will take the
public approximately 30 minutes (0.5
hours) to gather the necessary
information, prepare the form, and
submit the request for recordal or
renewal of a fastener insignia to the
USPTO.
Estimated Total Annual Respondent
Burden Hours: 48 hours.
Estimated Total Annual Non-Hour
Cost Burden: $2,136.
Needs and Uses: Under Section 5 of
the Fastener Quality Act (FQA) of 1999,
(15 U.S.C. 5401 et seq.), certain
industrial fasteners must bear an
insignia identifying the manufacturer. It
is also mandatory for manufacturers of
fasteners covered by the FQA to submit
an application to the USPTO for
recordal of the insignia on the Fastener
Insignia Register. The purpose of
VerDate Sep<11>2014
16:36 Jun 07, 2021
Jkt 253001
requiring both the insignia and the
recordation is to ensure that certain
fasteners can be traced to their
manufacturers and to protect against the
sale of mismarked, misrepresented, or
counterfeit fasteners. The procedures for
the recordal of fastener insignia under
the FQA are set forth in 15 CFR 280.300
et seq.
This information collection covers
data gathered by the FQA applications
for Recordal of Insignia and the
applications for Renewal/Reactivation
of Recordal. The USPTO uses the
information in this information
collection to record or renew insignias
under the FQA and to maintain the
Fastener Insignia Register, which is
open to public inspection. The public
may download the Fastener Insignia
Register from the USPTO website at
https://www.uspto.gov/trademark/lawsregulations/fastener-quality-act-fqa/
fastener-quality-act-fqa.
Affected Public: Private sector.
Frequency: On occasion.
Respondent’s Obligation: Required to
obtain or retain benefits.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view
Department of Commerce, USPTO
information collections currently under
review by OMB.
Written comments and
recommendations for this information
collection should be submitted within
30 days of the publication of this notice
on the following website
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function and entering either the title of
the information collection or the OMB
Control Number 0651–0028.
Further information can be obtained
by:
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0028
information request’’ in the subject line
of the message.
• Mail: Kimberly Hardy, Office of the
Chief Administrative Officer, United
States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313–
1450.
Kimberly Hardy,
Information Collections Officer, Office of the
Chief Administrative Officer, United States
Patent and Trademark Office.
[FR Doc. 2021–11933 Filed 6–7–21; 8:45 am]
BILLING CODE 3510–16–P
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
30449
DEPARTMENT OF EDUCATION
[Docket ID ED–2021–OCR–0068]
Request for Information Regarding the
Nondiscriminatory Administration of
School Discipline
Office for Civil Rights (OCR),
U.S. Department of Education.
ACTION: Request for information.
AGENCY:
This notice is a request for
information in the form of written
comments that include information,
research, and suggestions regarding the
administration of school discipline in
schools serving students in pre-K
through grade 12. OCR solicits these
comments to inform determinations
about what policy guidance, technical
assistance, or other resources would
assist schools that serve students in preK through grade 12 with improving
school climate and safety, consistent
with the civil rights laws that OCR
enforces, to ensure equal access to
education programs and activities. OCR
has promulgated regulations to
implement civil rights laws and
periodically provides policy guidance
and technical assistance to clarify these
statutory and regulatory requirements.
Information received through this
request may be used to assist OCR in
preparing further guidance, technical
assistance, and other resources.
DATES: We must receive your comments
on or before July 23, 2021.
ADDRESSES: Written comments may be
submitted as indicated below:
• Federal eRulemaking Portal: Using
the Docket ID number above, please go
to www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site.
• Mail: If you do not have internet
access or electronic submission is not
possible, you may mail written
comments to the Office for Civil Rights,
U.S. Department of Education, Potomac
Center Plaza (PCP), 550 12th Street SW,
Washington, DC 20024. Mailed
comments must be postmarked by July
23, 2021, to be accepted. Comments
submitted by email or fax will not be
accepted.
Privacy Note: The Department’s
policy is to make all electronic
comments received from members of the
public available for public viewing in
their entirety on the Federal
eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
SUMMARY:
E:\FR\FM\08JNN1.SGM
08JNN1
30450
Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Alejandro Reyes, Director, Program
Legal Group, Office for Civil Rights,
Potomac Center Plaza (PCP), Room
6125, 550 12th Street SW, Washington,
DC 20024. Telephone: (202) 245–7272.
Email: Alejandro.Reyes@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), please call the Federal
Relay Service (FRS), toll free, at 1–800–
877–8339.
If you have difficulty understanding
English, you may request language
assistance services for Department
information that is available to the
public. These language assistance
services are available free of charge. If
you need more information about
interpretation or translation services,
please call 1–800–USA–LEARN (1–800–
872–5327) (TTY: 1–800–877–8339).
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
I. Background
A. OCR’s Role in Enforcing Federal Civil
Rights Laws
OCR enforces Federal civil rights laws
and their implementing regulations,
including those that prohibit
discrimination based on race, color, or
national origin (Title VI of the Civil
Rights Act of 1964, 42 U.S.C. 2000d et
seq., 34 CFR part 100) (Title VI); sex
(Title IX of the Education Amendments
of 1972, 20 U.S.C. 1681 et seq., 34 CFR
part 106); disability (Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C.
794, 34 CFR part 104, Title II of the
Americans with Disabilities Act of 1990,
42 U.S.C. 12131 et seq., 28 CFR part
35); 1 and age (Age Discrimination Act
of 1975, 42 U.S.C. 6101 et seq., 34 CFR
part 110). These laws prohibit
discrimination in the programs or
activities of schools and other entities
that receive Federal financial assistance
from the Department (recipients), or, in
the case of Title II, are public entities,
regardless of whether they receive
Federal financial assistance.
These laws apply to a wide range of
entities, including all State educational
agencies (SEAs); approximately 17,600
local educational agencies (LEAs); over
5,000 postsecondary institutions; 80
State vocational rehabilitation agencies
and their subrecipients; and other
institutions that receive Departmental
financial assistance, such as libraries,
museums, and correctional institutions.
1 OCR shares, with DOJ, responsibility for
compliance with Title II with regard to educational
institutions. 28 CFR subpart 35.190(b)(2); 28 CFR
subparts 35.172–35.174.
VerDate Sep<11>2014
16:36 Jun 07, 2021
Jkt 253001
OCR fulfills its mission to protect
civil rights in many ways, including by
(1) responding to civil rights complaints
filed by members of the public; (2)
proactively conducting compliance
reviews and directed investigations to
enforce Federal civil rights laws; (3)
monitoring recipients’ adherence to
resolution agreements reached with
OCR; (4) issuing policy guidance to
increase recipients’ understanding of
their civil rights obligations and
students’ and families’ awareness of
students’ civil rights; (5) providing
technical assistance and other
information to recipients and the public;
and (6) administering and disseminating
the Civil Rights Data Collection (CRDC).
OCR develops policy guidance based
on legal developments, its enforcement
work, and civil rights data trends. In
addition, OCR develops policy
guidance, technical assistance, and
other informational materials in
response to compliance concerns raised
by public inquiries, requests for
technical assistance, and engagement
with a wide array of education and civil
rights stakeholders. OCR’s policy
guidance and technical assistance are
designed to ensure that every student
has equal access to education programs
and activities free from discrimination.
These guidance and technical assistance
documents are available on OCR’s
website at www.ed.gov/ocr/frontpage/
faq/readingroom.html.
B. OCR and Other Federal Agency
Policy Guidance on the
Nondiscriminatory Administration of
School Discipline
As described below, OCR and other
Federal agencies have taken multiple
approaches to analyze and address
longstanding issues related to the
nondiscriminatory administration of
school discipline and the creation of
positive school climates.
OCR and the U.S. Department of
Justice Civil Rights Division (CRT): In
2014, following input from a wide array
of stakeholders, OCR and CRT jointly
released a Dear Colleague letter on the
nondiscriminatory administration of
school discipline and related materials
(‘‘guidance’’) to identify, avoid, and
remedy discrimination based on race,
color, or national origin in the
administration of school discipline and
create a positive school climate.2 The
2 Dear Colleague Letter on Nondiscriminatory
Administration of School Discipline (January 8,
2014) (rescinded) available at https://www2.ed.gov/
about/offices/list/ocr/letters/colleague-201401-titlevi.html. See also, ED–DOJ School Discipline
Guidance package website (archived) available at
https://www2.ed.gov/policy/gen/guid/schooldiscipline/fedefforts.html#guidance.
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
guidance emphasized the requirements
of Titles IV and VI of the Civil Rights
Act of 1964, which protect students
from race, color, or national origin
discrimination, and discussed both
racial and national origin discrimination
due to different treatment of, and
unjustified disparate impacts on,
students of color. The guidance also
noted how the growing and
disproportionate use of exclusionary
discipline policies, such as in-school
and out-of-school suspensions, caused
students to lose instructional time and
created the potential for significant,
negative educational and other longterm impacts that contributed to the
school-to-prison pipeline.
In 2018, OCR and CRT issued a Dear
Colleague letter that rescinded the 2014
guidance.3 This rescission followed a
report and recommendations issued by
the 2018 Federal Commission on School
Safety.4 In 2018, OCR also issued a
question-and-answer document with
information on how OCR assesses a
school’s compliance with Title VI with
respect to the administration of school
discipline.5
U.S. Government Accountability
Office (GAO) and the U.S. Commission
on Civil Rights (USCCR): GAO released
a report in March 2018 in which it
analyzed CRDC discipline data from the
2013–14 school year. This report found
that Black students, boys, and students
with disabilities were
disproportionately disciplined
‘‘regardless of the type of disciplinary
action, level of school poverty, or type
of public school attended.’’ 6
Likewise, in its 2019 report—
BEYOND SUSPENSIONS: Examining
School Discipline Policies and
Connections to the School-to-Prison
Pipeline for Students of Color with
Disabilities—the USCCR found that:
Students of color as a whole, as well as
by individual racial group, do not
commit more disciplinable offenses
than their white peers—but black
students, Latino students, and Native
American students in the aggregate
receive substantially more school
discipline than their white peers and
3 Dear Colleague letter (December 21, 2018)
available at https://www2.ed.gov/about/offices/list/
ocr/letters/colleague-201812.pdf.
4 Federal Commission on School Safety listening
session transcripts, report and recommendations are
available at https://www.ed.gov/school-safety.
5 OCR’s Questions and Answers on Racial
Discrimination and School Discipline (December
21, 2018) is available at https://www2.ed.gov/about/
offices/list/ocr/docs/qa-title-vi-201812.pdf.
6 U.S. Government Accountability Office, K–12
Education: Discipline Disparities for Black
Students, Boys, and Students with Disabilities, 12
(March 2018) available at https://www.gao.gov/
products/gao-18-258.
E:\FR\FM\08JNN1.SGM
08JNN1
Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
receive harsher and longer punishments
than their white peers receive for like
offenses.7
OCR’s Civil Rights Data Collection
(CRDC): OCR’s most recent analysis of
discipline data from the 2017–18 CRDC
shows that these racial disparities
persist. In particular, the data show that
students of color are disproportionately
subjected to disciplinary actions in
contrast to their White peers.8 With
respect to referrals to law enforcement,
which includes school-based arrests and
the issuance of citations and tickets,
CRDC data revealed that in 2017–18,
Black students represented only 15
percent of the total student enrollment
but accounted for 29 percent of all
students referred to law enforcement—
almost twice their share of overall
student enrollment. White students, on
the other hand, accounted for 47 percent
of total student enrollment in 2017–18,
but only 38 percent of referrals to law
enforcement.
These disparities in referrals to law
enforcement are apparent in the
treatment of students with disabilities as
well. Students served under the
Individuals with Disabilities Education
Act (IDEA) 9 represented 13 percent of
total student enrollment but 27 percent
of students referred to law enforcement
in 2017–18. During that school year,
Black students with disabilities
represented 18 percent of all students
provided services under IDEA but 32
percent of those who were referred to
law enforcement.
With respect to other exclusionary
discipline practices, CRDC data from
2017–18 show that Black students
represented 38 percent of students who
received one or more out-of-school
suspensions—over two times their share
of overall student enrollment (15
percent). In addition, Black students
accounted for 36 percent of all
expulsions and 33 percent of students
who were expelled without educational
7 U.S. Commission on Civil Rights, BEYOND
SUSPENSIONS: Examining School Discipline
Policies and Connections to the School-to-Prison
Pipeline for Students of Color with Disabilities, 161
(July 23, 2019), https://www.usccr.gov/pubs/2019/
07-23-Beyond-Suspensions.pdf.
8 In 2017–18, 50.9 million students were enrolled
in pre-K through grade 12 in public schools across
the country. The data and all percentages are from
the 2017–18 CRDC released in October 2020 and
updated in May 2021. Downloadable data files of
information from the CRDC are available at https://
www2.ed.gov/about/offices/list/ocr/docs/crdc-201718.html. The definitions used by the CRDC can be
found at https://crdc.communities.ed.gov/
#communities/pdc/documents/17270.
9 The Office of Special Education Programs
(OSEP) in the Department’s Office of Special
Education and Rehabilitative Services (OSERS)
administers the IDEA. For information about the
IDEA, please see osep.communities.ed.gov and
www.ed.gov/osers/osep/.
VerDate Sep<11>2014
16:36 Jun 07, 2021
Jkt 253001
services.10 By contrast, White students
accounted for 47 percent of overall
student enrollment but received
comparatively fewer expulsions: 36
percent of all expulsions and 41 percent
of students who were expelled without
educational services. American Indian
or Alaska Native students received
expulsions at rates (1.1 percent and 1.8
percent, respectively) that were slightly
higher than their share of total student
enrollment (1.0 percent).
Disparities worsen when you examine
the intersection between race and sex.
According to the 2017–18 CRDC data,
Black girls were the only group across
all races or ethnicities for girls where a
disparity in school suspensions was
observed. Black girls accounted for 11.1
percent of in-school suspensions and
13.3 percent of out-of-school
suspensions, which is almost two times
their share of total student enrollment of
7.4 percent. Black boys accounted for
7.7 percent of total student enrollment
and received both in-school suspensions
and out-of-school suspensions at rates
(20.1 percent and 24.9 percent,
respectively) almost three times their
share of total student enrollment—the
largest disparity across all race/ethnicity
and sex groupings.
Students with disabilities were also
overrepresented in exclusionary
disciplinary actions as shown by CRDC
data from 2017–18. Despite representing
only 13 percent of the student
population, they represented 25 percent
of all students who received one or
more out-of-school suspensions and 15
percent of those who were expelled
without educational services in 2017–
18. Black students with disabilities
represented 26 percent of expulsions
without educational services although
they accounted for only 18 percent of all
students provided services under IDEA
in 2017–18.
C. Commitment to Equity and This
Request for Information
On January 20, 2021, President Joe
Biden issued an Executive Order On
Advancing Racial Equity and Support
for Underserved Communities Through
the Federal Government to affirm the
Administration’s policy of and
commitment to pursuing ‘‘a
10 The 2017–18 CRDC collected expulsions data
for students who were expelled with education
services, students who were expelled without
educational services, and students who were
expelled under zero-tolerance policies. A zerotolerance policy is a policy that results in
mandatory expulsion from a student’s regular
school for the remainder of the school year or
longer if the student commits one or more specified
offenses. Examples of specified offenses include
those involving guns or other weapons, violence, or
similar factors, or combinations of these factors.
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
30451
comprehensive approach to advancing
equity for all, including people of color
and others who have been historically
underserved, marginalized, and
adversely affected by persistent poverty
and inequality.’’ 11
Consistent with this approach, OCR is
issuing this notice to solicit information
on school climate and discipline
practices in our nation’s schools serving
students in pre-K through grade 12, and
how best to support and build schools’
capacity to promote positive, inclusive,
safe, and supportive school climates in
a nondiscriminatory manner.
II. Solicitation of Comments
A. Information Solicited
The Department requests information
from students, families, educators,
school leaders, SEAs, LEAs,
community-based organizations, civil
rights organizations, and other
stakeholders regarding the ongoing
discipline challenges in our nation’s
schools. OCR is also interested in
learning about discipline issues arising
during this unprecedented time of
school closures, virtual learning, hybrid
learning, and reopening schools during
the COVID–19 pandemic, as well as
promising practices for addressing
student discipline and creating positive
school climates in these unique learning
environments.
In particular, OCR is soliciting
responses to the questions and requests
below in the form of written comments
to inform determinations about what
policy guidance, technical assistance, or
other resources would aid schools
serving students in pre-K through grade
12 in providing positive, inclusive, safe,
and supportive school climates and
ensuring the nondiscriminatory
administration of school discipline
under the laws OCR enforces.
B. Instructions for Responding to This
Request for Information
When responding to this request for
information, please be as specific as
possible in your comments. If you are
aware of any supportive research
(qualitative or quantitative) or
promising school- or community-based
programs, please include citations,
websites, or other information that
might enable OCR to follow up on the
information you have shared.
OCR recognizes students may
experience multiple forms of
11 Executive Order 13985 On Advancing Racial
Equity and Support for Underserved Communities
Through the Federal Government (January 20,
2021), available at https://www.federalregister.gov/
documents/2021/01/25/2021-01753/advancingracial-equity-and-support-for-underservedcommunities-through-the-federal-government.
E:\FR\FM\08JNN1.SGM
08JNN1
30452
Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
discrimination at once and encourages
commenters to identify and address
individual and intersectional
discrimination as appropriate. This
might include, for example, comments
on disproportionate discipline of
students of a certain race, color, or
national origin who are also male,
female, LGBTQI+, and/or who are also
students with disabilities.
If you are commenting on materials
that OCR has issued in the past, please
indicate if you believe OCR should
consider affirming, changing, or
rejecting such materials in future
guidance, and the reasons for your
recommendations.
Please do not submit comments
focused on OCR’s handling of
complaints filed with OCR as this topic
is beyond the scope of this request for
information and will not be considered.
C. Request for Information
Please address one or more of the
following questions or requests:
1. What are your views on the
usefulness of current and previous
guidance OCR and CRT have issued on
school discipline? We would appreciate
your comments on the guidance
documents described above, including
the 2014 guidance, the 2018 Dear
Colleague letter, and the 2018 Questions
& Answers on Racial Discrimination and
School Discipline guidance.
2. What ongoing or emerging school
discipline policies or practices are
relevant to you or the communities you
serve, including any that you believe
raise concerns about potentially
discriminatory implementation or
effects on students’ access to
educational opportunities based on race,
color, national origin, sex, or disability?
3. What promising practices for the
administration of nondiscriminatory
school discipline or creating positive
school climates have you identified?
4. What are your views on this nonexhaustive list of disciplinary policies,
practices, and other issues below?
(a) Discipline of students in pre-K
through third grade, including in-school
and out-of-school suspensions.
(b) Use of exclusionary disciplinary
penalties, such as suspensions or
expulsions, for minor, non-violent, or
subjectively defined types of infractions,
such as defiance or disrespect of
authority.
(c) Discipline issues relating to dress
and grooming codes (including
restrictions on hairstyles).
(d) Corporal punishment.
(e) Inappropriate use of seclusion and
restraint for disciplinary purposes.
(f) Referrals to and the resulting
interactions with school police, school
VerDate Sep<11>2014
16:36 Jun 07, 2021
Jkt 253001
resource officers, or other law
enforcement.
(g) Referrals to alternative schools and
programs.
(h) Threat assessment practices.
(i) Students bringing weapons or
using them at school.
(j) Use of surveillance technologies in
a discriminatory manner.
(k) School policies or practices related
to teacher and staff training related to
discipline, the role teachers play in
referrals of students for discipline, and
the role of implicit bias in disciplinary
decisions.
(l) Discipline related to attendance
and time management.
(m) Discipline of victims of race,
color, or national origin harassment, sex
harassment, or disability harassment for
misconduct that arises as a result of
such harassment.
(n) Zero tolerance or strict, threestrike policies.
(o) Reintegration of students who
return to school after a long-term out-ofschool suspension or expulsion.
(p) Discipline issues relating to virtual
learning.
(q) Discipline issues relating to
returning to in-person instruction.
(r) Discipline issues relating to
activities off school campus or in virtual
school settings, such as bullying
through social media usage.
5. What types of guidance and
technical assistance can OCR provide to
best help SEAs and LEAs create
positive, inclusive, safe, and supportive
school climates and identify, address,
and remedy discriminatory student
discipline policies and practices (for
example, Dear Colleague letters,
Frequently Asked Questions documents,
fact sheets, tool kits, videos on the
nondiscriminatory administration of
school discipline or positive school
climate, and guidance on returning
students to in-person instruction)?
6. What promising practices that have
reduced the use of discipline or the
disparities in the use of discipline
between different groups of students
(including promising evidence-based
programs and success stories from
particular school districts) should OCR
consider highlighting in any future
guidance or resource materials?
7. How do school discipline policies
impact (a) students’ opportunity to
learn; (b) academic achievement; (c)
students’ mental health; (d) drop out
and graduation rates; (e) school climate
and safety; (f) access to instructional
time; (g) teacher retention and
satisfaction; (h) the rates at which staff
refer students for formal discipline; (i)
student participation in STEM courses,
honors and advanced placement
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
courses, arts and theater, and extracurricular programming; (j) impact of
discipline records on access to
scholarships or on enrollment in
college; (k) student participation in
ceremonies (for example, graduation
ceremonies and National Honor Society
ceremonies); and (l) life outcomes (for
example, earnings, reliance on public
support, income, employment
opportunities, and housing)?
8. To what extent can hiring and
professional development practices be
designed and aligned to ensure that
teachers and staff are adequately
prepared to manage classrooms and
work with students in a fair and
equitable manner?
9. Describe any data collection,
analysis, or record-keeping practices
that you believe are helpful in
identifying and addressing disparities in
discipline. Conversely, describe any
barriers or limitations in these areas,
and any ideas you may have on how to
overcome them.
III. Conclusion
OCR appreciates the contributions of
students, families, educators, school
leaders, SEAs, LEAs, community-based
organizations, civil rights organizations,
and others to this request for
information. We will review every
comment, and, as described above,
electronic comments in response to this
request for information will be publicly
available on the Federal eRulemaking
Portal at www.regulations.gov.
Please note that OCR will not directly
acknowledge or respond to comments,
including comments that contain
specific questions or inquiries. OCR
issues a limited number of policy
guidance and technical assistance
documents each year. Receipt of
comments in response to this request for
information does not imply that OCR
has decided to issue policy guidance,
technical assistance, or other resources.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
E:\FR\FM\08JNN1.SGM
08JNN1
30453
Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
documents of the Department published
in the Federal Register, in text or
Portable Document Format (PDF). To
use PDF, you must have Adobe Acrobat
Reader, which is available free at the
site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
DEPARTMENT OF ENERGY
Change in Control
Suzanne B. Goldberg,
Acting Assistant Secretary for Civil Rights.
[FR Doc. 2021–11990 Filed 6–7–21; 8:45 am]
BILLING CODE 4000–01–P
Cameron LNG, LLC ..........................................................................................................................................................................
Cameron LNG, LLC ..........................................................................................................................................................................
Cameron LNG, LLC ..........................................................................................................................................................................
Cameron LNG, LLC ..........................................................................................................................................................................
Cameron LNG, LLC ..........................................................................................................................................................................
Cameron LNG, LLC ..........................................................................................................................................................................
Cameron LNG, LLC ..........................................................................................................................................................................
Ecogas Mexico, S. de R.L. de C.V ..................................................................................................................................................
ECA Liquefaction, S. de R.L. de C.V ...............................................................................................................................................
Energı´a Costa Azul, S. de R.L. de C.V ............................................................................................................................................
Port Arthur LNG, LLC .......................................................................................................................................................................
Port Arthur LNG, LLC .......................................................................................................................................................................
Port Arthur LNG, LLC .......................................................................................................................................................................
Port Arthur LNG Phase II, LLC ........................................................................................................................................................
Sempra Gas & Power Marketing, LLC .............................................................................................................................................
Sempra LNG International, LLC .......................................................................................................................................................
Sempra LNG Marketing, LLC ...........................................................................................................................................................
Termoelectrica de Mexicali, S. de R.L. de C.V ................................................................................................................................
Vista Pacifico LNG, S.A.P.I de C.V ..................................................................................................................................................
Office of Fossil Energy,
Department of Energy.
AGENCY:
ACTION:
Notice of change in control.
The Office of Fossil Energy
(FE) of the Department of Energy (DOE)
gives notice of receipt of a Statement of
Change in Control filed jointly on April
30, 2021 (Statement) (as supplemented
on May 3 and May 19, 2021) by the
following entities: Cameron LNG, LLC;
Ecogas Mexico, S. de R.L. de C.V.; ECA
Liquefaction, S. de R.L. de C.V.; Energı´a
Costa Azul, S. de R.L. de C.V.; Port
Arthur LNG, LLC; Port Arthur LNG
Phase II, LLC; Sempra Gas & Power
Marketing, LLC; Sempra LNG
International, LLC; Sempra LNG
Marketing, LLC; Termolectrica de
Mexicali, S. de R.L. de C.V.; and Vista
Pacifico LNG, S.A.P.I de C.V.
(collectively, Authorization Holders) in
the above-referenced dockets. The
Authorization Holders are all affiliates
of Sempra Energy (Sempra). The
Statement, as supplemented, describes a
change in the Authorization Holders’
upstream ownership. The Statement
was filed under the Natural Gas Act
(NGA).
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
Protests, motions to intervene, or
notices of intervention, as applicable,
and written comments are to be filed
electronically as detailed in the Public
Comment Procedures section no later
than 4:30 p.m., Eastern time, June 23,
2021.
DATES:
VerDate Sep<11>2014
16:36 Jun 07, 2021
Jkt 253001
Electronic Filing by email:
fergas@hq.doe.gov.
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including postal
mail and hand delivery/courier, the
Department has found it necessary to
make temporary modifications to the
comment submission process in light of
the ongoing Covid-19 pandemic. DOE is
currently accepting only electronic
submissions at this time. If a commenter
finds that this change poses an undue
hardship, please contact Office of Fossil
Energy staff at (202) 586–2627 or (202)
586–4749 to discuss the need for
alternative arrangements. Once the
Covid-19 pandemic health emergency is
resolved, DOE anticipates resuming all
of its regular options for public
comment submission, including postal
mail and hand delivery/courier.
FOR FURTHER INFORMATION CONTACT:
Amy Sweeney or Jennifer Wade, U.S.
Department of Energy (FE–34), Office
of Regulation, Analysis, and
Engagement, Office of Fossil Energy,
Forrestal Building, Room 3E–042,
1000 Independence Avenue SW,
Washington, DC 20585, (202) 586–
2627; (202) 586–4749, amy.sweeney@
hq.doe.gov or jennifer.wade@
hq.doe.gov
Cassandra Bernstein, U.S. Department of
Energy (GC–76), Office of the
Assistant General Counsel for
Electricity and Fossil Energy,
Forrestal Building, 1000
ADDRESSES:
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
11–145–LNG
11–162–LNG
14–204–LNG
15–36–LNG
15–67–LNG
15–90–LNG
19–62–LNG
19–45–NG
18–144–LNG
18–145–LNG
15–53–LNG
15–96–LNG
18–162–LNG
20–23–LNG
20–43–NG
19–65–LNG
20–52–LNG
20–145–NG
20–153–LNG
Independence Avenue SW,
Washington, DC 20585, (202) 586–
9793, cassandra.bernstein@
hq.doe.gov
SUPPLEMENTARY INFORMATION:
Summary of Change in Control
The Authorization Holders state that
the upstream ownership change
described in the Statement is the result
of the acquisition (Transaction) by KKR
Pinnacle Aggregator L.P. (KKR
Pinnacle), a subsidiary of KKR & Co.
Inc. (together with its subsidiaries,
KKR), of a non-controlling 20% interest
in the equity of the reorganized Sempra
Global Holdings, LP (Sempra Global), a
subsidiary of Sempra.
According to the Authorization
Holders, the Transaction is part of a
series of integrated transactions
involving Sempra’s portfolio of
Northern American energy
infrastructure projects. Prior to the
closing of the Transaction, Sempra will
conduct an internal reorganization to
consolidate the assets of its liquefied
natural gas (LNG) business and its
ownership in Infraestructura Energe´tica
Nova, S.A.B. de C.V. (IEnova) under
Sempra Global, which will be renamed
Sempra Infrastructure Partners (SIP).
The Authorization Holders state that, as
part of the integrated transactions, on
April 26, 2021, Sempra launched a
stock-for-stock exchange offer with the
intent of acquiring the outstanding
E:\FR\FM\08JNN1.SGM
08JNN1
]]>Agencies
[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Notices]
[Pages 30449-30453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11990]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
[Docket ID ED-2021-OCR-0068]
Request for Information Regarding the Nondiscriminatory
Administration of School Discipline
AGENCY: Office for Civil Rights (OCR), U.S. Department of Education.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: This notice is a request for information in the form of
written comments that include information, research, and suggestions
regarding the administration of school discipline in schools serving
students in pre-K through grade 12. OCR solicits these comments to
inform determinations about what policy guidance, technical assistance,
or other resources would assist schools that serve students in pre-K
through grade 12 with improving school climate and safety, consistent
with the civil rights laws that OCR enforces, to ensure equal access to
education programs and activities. OCR has promulgated regulations to
implement civil rights laws and periodically provides policy guidance
and technical assistance to clarify these statutory and regulatory
requirements. Information received through this request may be used to
assist OCR in preparing further guidance, technical assistance, and
other resources.
DATES: We must receive your comments on or before July 23, 2021.
ADDRESSES: Written comments may be submitted as indicated below:
Federal eRulemaking Portal: Using the Docket ID number
above, please go to www.regulations.gov to submit your comments
electronically. Information on using Regulations.gov, including
instructions for accessing agency documents, submitting comments, and
viewing the docket, is available on the site.
Mail: If you do not have internet access or electronic
submission is not possible, you may mail written comments to the Office
for Civil Rights, U.S. Department of Education, Potomac Center Plaza
(PCP), 550 12th Street SW, Washington, DC 20024. Mailed comments must
be postmarked by July 23, 2021, to be accepted. Comments submitted by
email or fax will not be accepted.
Privacy Note: The Department's policy is to make all electronic
comments received from members of the public available for public
viewing in their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to
[[Page 30450]]
include in their comments only information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: Alejandro Reyes, Director, Program
Legal Group, Office for Civil Rights, Potomac Center Plaza (PCP), Room
6125, 550 12th Street SW, Washington, DC 20024. Telephone: (202) 245-
7272. Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), please call the Federal Relay Service (FRS), toll
free, at 1-800-877-8339.
If you have difficulty understanding English, you may request
language assistance services for Department information that is
available to the public. These language assistance services are
available free of charge. If you need more information about
interpretation or translation services, please call 1-800-USA-LEARN (1-
800-872-5327) (TTY: 1-800-877-8339).
SUPPLEMENTARY INFORMATION:
I. Background
A. OCR's Role in Enforcing Federal Civil Rights Laws
OCR enforces Federal civil rights laws and their implementing
regulations, including those that prohibit discrimination based on
race, color, or national origin (Title VI of the Civil Rights Act of
1964, 42 U.S.C. 2000d et seq., 34 CFR part 100) (Title VI); sex (Title
IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., 34 CFR
part 106); disability (Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. 794, 34 CFR part 104, Title II of the Americans with
Disabilities Act of 1990, 42 U.S.C. 12131 et seq., 28 CFR part 35); \1\
and age (Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., 34 CFR
part 110). These laws prohibit discrimination in the programs or
activities of schools and other entities that receive Federal financial
assistance from the Department (recipients), or, in the case of Title
II, are public entities, regardless of whether they receive Federal
financial assistance.
---------------------------------------------------------------------------
\1\ OCR shares, with DOJ, responsibility for compliance with
Title II with regard to educational institutions. 28 CFR subpart
35.190(b)(2); 28 CFR subparts 35.172-35.174.
---------------------------------------------------------------------------
These laws apply to a wide range of entities, including all State
educational agencies (SEAs); approximately 17,600 local educational
agencies (LEAs); over 5,000 postsecondary institutions; 80 State
vocational rehabilitation agencies and their subrecipients; and other
institutions that receive Departmental financial assistance, such as
libraries, museums, and correctional institutions.
OCR fulfills its mission to protect civil rights in many ways,
including by (1) responding to civil rights complaints filed by members
of the public; (2) proactively conducting compliance reviews and
directed investigations to enforce Federal civil rights laws; (3)
monitoring recipients' adherence to resolution agreements reached with
OCR; (4) issuing policy guidance to increase recipients' understanding
of their civil rights obligations and students' and families' awareness
of students' civil rights; (5) providing technical assistance and other
information to recipients and the public; and (6) administering and
disseminating the Civil Rights Data Collection (CRDC).
OCR develops policy guidance based on legal developments, its
enforcement work, and civil rights data trends. In addition, OCR
develops policy guidance, technical assistance, and other informational
materials in response to compliance concerns raised by public
inquiries, requests for technical assistance, and engagement with a
wide array of education and civil rights stakeholders. OCR's policy
guidance and technical assistance are designed to ensure that every
student has equal access to education programs and activities free from
discrimination. These guidance and technical assistance documents are
available on OCR's website at www.ed.gov/ocr/frontpage/faq/readingroom.html.
B. OCR and Other Federal Agency Policy Guidance on the
Nondiscriminatory Administration of School Discipline
As described below, OCR and other Federal agencies have taken
multiple approaches to analyze and address longstanding issues related
to the nondiscriminatory administration of school discipline and the
creation of positive school climates.
OCR and the U.S. Department of Justice Civil Rights Division (CRT):
In 2014, following input from a wide array of stakeholders, OCR and CRT
jointly released a Dear Colleague letter on the nondiscriminatory
administration of school discipline and related materials
(``guidance'') to identify, avoid, and remedy discrimination based on
race, color, or national origin in the administration of school
discipline and create a positive school climate.\2\ The guidance
emphasized the requirements of Titles IV and VI of the Civil Rights Act
of 1964, which protect students from race, color, or national origin
discrimination, and discussed both racial and national origin
discrimination due to different treatment of, and unjustified disparate
impacts on, students of color. The guidance also noted how the growing
and disproportionate use of exclusionary discipline policies, such as
in-school and out-of-school suspensions, caused students to lose
instructional time and created the potential for significant, negative
educational and other long-term impacts that contributed to the school-
to-prison pipeline.
---------------------------------------------------------------------------
\2\ Dear Colleague Letter on Nondiscriminatory Administration of
School Discipline (January 8, 2014) (rescinded) available at https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201401-title-vi.html. See also, ED-DOJ School Discipline Guidance package website
(archived) available at https://www2.ed.gov/policy/gen/guid/school-discipline/fedefforts.html#guidance.
---------------------------------------------------------------------------
In 2018, OCR and CRT issued a Dear Colleague letter that rescinded
the 2014 guidance.\3\ This rescission followed a report and
recommendations issued by the 2018 Federal Commission on School
Safety.\4\ In 2018, OCR also issued a question-and-answer document with
information on how OCR assesses a school's compliance with Title VI
with respect to the administration of school discipline.\5\
---------------------------------------------------------------------------
\3\ Dear Colleague letter (December 21, 2018) available at
https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201812.pdf.
\4\ Federal Commission on School Safety listening session
transcripts, report and recommendations are available at https://www.ed.gov/school-safety.
\5\ OCR's Questions and Answers on Racial Discrimination and
School Discipline (December 21, 2018) is available at https://www2.ed.gov/about/offices/list/ocr/docs/qa-title-vi-201812.pdf.
---------------------------------------------------------------------------
U.S. Government Accountability Office (GAO) and the U.S. Commission
on Civil Rights (USCCR): GAO released a report in March 2018 in which
it analyzed CRDC discipline data from the 2013-14 school year. This
report found that Black students, boys, and students with disabilities
were disproportionately disciplined ``regardless of the type of
disciplinary action, level of school poverty, or type of public school
attended.'' \6\
---------------------------------------------------------------------------
\6\ U.S. Government Accountability Office, K-12 Education:
Discipline Disparities for Black Students, Boys, and Students with
Disabilities, 12 (March 2018) available at https://www.gao.gov/products/gao-18-258.
---------------------------------------------------------------------------
Likewise, in its 2019 report--BEYOND SUSPENSIONS: Examining School
Discipline Policies and Connections to the School-to-Prison Pipeline
for Students of Color with Disabilities--the USCCR found that:
Students of color as a whole, as well as by individual racial group, do
not commit more disciplinable offenses than their white peers--but
black students, Latino students, and Native American students in the
aggregate receive substantially more school discipline than their white
peers and
[[Page 30451]]
receive harsher and longer punishments than their white peers receive
for like offenses.\7\
---------------------------------------------------------------------------
\7\ U.S. Commission on Civil Rights, BEYOND SUSPENSIONS:
Examining School Discipline Policies and Connections to the School-
to-Prison Pipeline for Students of Color with Disabilities, 161
(July 23, 2019), https://www.usccr.gov/pubs/2019/07-23-Beyond-Suspensions.pdf.
OCR's Civil Rights Data Collection (CRDC): OCR's most recent
analysis of discipline data from the 2017-18 CRDC shows that these
racial disparities persist. In particular, the data show that students
of color are disproportionately subjected to disciplinary actions in
contrast to their White peers.\8\ With respect to referrals to law
enforcement, which includes school-based arrests and the issuance of
citations and tickets, CRDC data revealed that in 2017-18, Black
students represented only 15 percent of the total student enrollment
but accounted for 29 percent of all students referred to law
enforcement--almost twice their share of overall student enrollment.
White students, on the other hand, accounted for 47 percent of total
student enrollment in 2017-18, but only 38 percent of referrals to law
enforcement.
---------------------------------------------------------------------------
\8\ In 2017-18, 50.9 million students were enrolled in pre-K
through grade 12 in public schools across the country. The data and
all percentages are from the 2017-18 CRDC released in October 2020
and updated in May 2021. Downloadable data files of information from
the CRDC are available at https://www2.ed.gov/about/offices/list/ocr/docs/crdc-2017-18.html. The definitions used by the CRDC can be
found at https://crdc.communities.ed.gov/#communities/pdc/documents/17270.
---------------------------------------------------------------------------
These disparities in referrals to law enforcement are apparent in
the treatment of students with disabilities as well. Students served
under the Individuals with Disabilities Education Act (IDEA) \9\
represented 13 percent of total student enrollment but 27 percent of
students referred to law enforcement in 2017-18. During that school
year, Black students with disabilities represented 18 percent of all
students provided services under IDEA but 32 percent of those who were
referred to law enforcement.
---------------------------------------------------------------------------
\9\ The Office of Special Education Programs (OSEP) in the
Department's Office of Special Education and Rehabilitative Services
(OSERS) administers the IDEA. For information about the IDEA, please
see osep.communities.ed.gov and www.ed.gov/osers/osep/.
---------------------------------------------------------------------------
With respect to other exclusionary discipline practices, CRDC data
from 2017-18 show that Black students represented 38 percent of
students who received one or more out-of-school suspensions--over two
times their share of overall student enrollment (15 percent). In
addition, Black students accounted for 36 percent of all expulsions and
33 percent of students who were expelled without educational
services.\10\ By contrast, White students accounted for 47 percent of
overall student enrollment but received comparatively fewer expulsions:
36 percent of all expulsions and 41 percent of students who were
expelled without educational services. American Indian or Alaska Native
students received expulsions at rates (1.1 percent and 1.8 percent,
respectively) that were slightly higher than their share of total
student enrollment (1.0 percent).
---------------------------------------------------------------------------
\10\ The 2017-18 CRDC collected expulsions data for students who
were expelled with education services, students who were expelled
without educational services, and students who were expelled under
zero-tolerance policies. A zero-tolerance policy is a policy that
results in mandatory expulsion from a student's regular school for
the remainder of the school year or longer if the student commits
one or more specified offenses. Examples of specified offenses
include those involving guns or other weapons, violence, or similar
factors, or combinations of these factors.
---------------------------------------------------------------------------
Disparities worsen when you examine the intersection between race
and sex. According to the 2017-18 CRDC data, Black girls were the only
group across all races or ethnicities for girls where a disparity in
school suspensions was observed. Black girls accounted for 11.1 percent
of in-school suspensions and 13.3 percent of out-of-school suspensions,
which is almost two times their share of total student enrollment of
7.4 percent. Black boys accounted for 7.7 percent of total student
enrollment and received both in-school suspensions and out-of-school
suspensions at rates (20.1 percent and 24.9 percent, respectively)
almost three times their share of total student enrollment--the largest
disparity across all race/ethnicity and sex groupings.
Students with disabilities were also overrepresented in
exclusionary disciplinary actions as shown by CRDC data from 2017-18.
Despite representing only 13 percent of the student population, they
represented 25 percent of all students who received one or more out-of-
school suspensions and 15 percent of those who were expelled without
educational services in 2017-18. Black students with disabilities
represented 26 percent of expulsions without educational services
although they accounted for only 18 percent of all students provided
services under IDEA in 2017-18.
C. Commitment to Equity and This Request for Information
On January 20, 2021, President Joe Biden issued an Executive Order
On Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government to affirm the Administration's policy of
and commitment to pursuing ``a comprehensive approach to advancing
equity for all, including people of color and others who have been
historically underserved, marginalized, and adversely affected by
persistent poverty and inequality.'' \11\
---------------------------------------------------------------------------
\11\ Executive Order 13985 On Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government
(January 20, 2021), available at https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government.
---------------------------------------------------------------------------
Consistent with this approach, OCR is issuing this notice to
solicit information on school climate and discipline practices in our
nation's schools serving students in pre-K through grade 12, and how
best to support and build schools' capacity to promote positive,
inclusive, safe, and supportive school climates in a nondiscriminatory
manner.
II. Solicitation of Comments
A. Information Solicited
The Department requests information from students, families,
educators, school leaders, SEAs, LEAs, community-based organizations,
civil rights organizations, and other stakeholders regarding the
ongoing discipline challenges in our nation's schools. OCR is also
interested in learning about discipline issues arising during this
unprecedented time of school closures, virtual learning, hybrid
learning, and reopening schools during the COVID-19 pandemic, as well
as promising practices for addressing student discipline and creating
positive school climates in these unique learning environments.
In particular, OCR is soliciting responses to the questions and
requests below in the form of written comments to inform determinations
about what policy guidance, technical assistance, or other resources
would aid schools serving students in pre-K through grade 12 in
providing positive, inclusive, safe, and supportive school climates and
ensuring the nondiscriminatory administration of school discipline
under the laws OCR enforces.
B. Instructions for Responding to This Request for Information
When responding to this request for information, please be as
specific as possible in your comments. If you are aware of any
supportive research (qualitative or quantitative) or promising school-
or community-based programs, please include citations, websites, or
other information that might enable OCR to follow up on the information
you have shared.
OCR recognizes students may experience multiple forms of
[[Page 30452]]
discrimination at once and encourages commenters to identify and
address individual and intersectional discrimination as appropriate.
This might include, for example, comments on disproportionate
discipline of students of a certain race, color, or national origin who
are also male, female, LGBTQI+, and/or who are also students with
disabilities.
If you are commenting on materials that OCR has issued in the past,
please indicate if you believe OCR should consider affirming, changing,
or rejecting such materials in future guidance, and the reasons for
your recommendations.
Please do not submit comments focused on OCR's handling of
complaints filed with OCR as this topic is beyond the scope of this
request for information and will not be considered.
C. Request for Information
Please address one or more of the following questions or requests:
1. What are your views on the usefulness of current and previous
guidance OCR and CRT have issued on school discipline? We would
appreciate your comments on the guidance documents described above,
including the 2014 guidance, the 2018 Dear Colleague letter, and the
2018 Questions & Answers on Racial Discrimination and School Discipline
guidance.
2. What ongoing or emerging school discipline policies or practices
are relevant to you or the communities you serve, including any that
you believe raise concerns about potentially discriminatory
implementation or effects on students' access to educational
opportunities based on race, color, national origin, sex, or
disability?
3. What promising practices for the administration of
nondiscriminatory school discipline or creating positive school
climates have you identified?
4. What are your views on this non-exhaustive list of disciplinary
policies, practices, and other issues below?
(a) Discipline of students in pre-K through third grade, including
in-school and out-of-school suspensions.
(b) Use of exclusionary disciplinary penalties, such as suspensions
or expulsions, for minor, non-violent, or subjectively defined types of
infractions, such as defiance or disrespect of authority.
(c) Discipline issues relating to dress and grooming codes
(including restrictions on hairstyles).
(d) Corporal punishment.
(e) Inappropriate use of seclusion and restraint for disciplinary
purposes.
(f) Referrals to and the resulting interactions with school police,
school resource officers, or other law enforcement.
(g) Referrals to alternative schools and programs.
(h) Threat assessment practices.
(i) Students bringing weapons or using them at school.
(j) Use of surveillance technologies in a discriminatory manner.
(k) School policies or practices related to teacher and staff
training related to discipline, the role teachers play in referrals of
students for discipline, and the role of implicit bias in disciplinary
decisions.
(l) Discipline related to attendance and time management.
(m) Discipline of victims of race, color, or national origin
harassment, sex harassment, or disability harassment for misconduct
that arises as a result of such harassment.
(n) Zero tolerance or strict, three-strike policies.
(o) Reintegration of students who return to school after a long-
term out-of-school suspension or expulsion.
(p) Discipline issues relating to virtual learning.
(q) Discipline issues relating to returning to in-person
instruction.
(r) Discipline issues relating to activities off school campus or
in virtual school settings, such as bullying through social media
usage.
5. What types of guidance and technical assistance can OCR provide
to best help SEAs and LEAs create positive, inclusive, safe, and
supportive school climates and identify, address, and remedy
discriminatory student discipline policies and practices (for example,
Dear Colleague letters, Frequently Asked Questions documents, fact
sheets, tool kits, videos on the nondiscriminatory administration of
school discipline or positive school climate, and guidance on returning
students to in-person instruction)?
6. What promising practices that have reduced the use of discipline
or the disparities in the use of discipline between different groups of
students (including promising evidence-based programs and success
stories from particular school districts) should OCR consider
highlighting in any future guidance or resource materials?
7. How do school discipline policies impact (a) students'
opportunity to learn; (b) academic achievement; (c) students' mental
health; (d) drop out and graduation rates; (e) school climate and
safety; (f) access to instructional time; (g) teacher retention and
satisfaction; (h) the rates at which staff refer students for formal
discipline; (i) student participation in STEM courses, honors and
advanced placement courses, arts and theater, and extra-curricular
programming; (j) impact of discipline records on access to scholarships
or on enrollment in college; (k) student participation in ceremonies
(for example, graduation ceremonies and National Honor Society
ceremonies); and (l) life outcomes (for example, earnings, reliance on
public support, income, employment opportunities, and housing)?
8. To what extent can hiring and professional development practices
be designed and aligned to ensure that teachers and staff are
adequately prepared to manage classrooms and work with students in a
fair and equitable manner?
9. Describe any data collection, analysis, or record-keeping
practices that you believe are helpful in identifying and addressing
disparities in discipline. Conversely, describe any barriers or
limitations in these areas, and any ideas you may have on how to
overcome them.
III. Conclusion
OCR appreciates the contributions of students, families, educators,
school leaders, SEAs, LEAs, community-based organizations, civil rights
organizations, and others to this request for information. We will
review every comment, and, as described above, electronic comments in
response to this request for information will be publicly available on
the Federal eRulemaking Portal at www.regulations.gov.
Please note that OCR will not directly acknowledge or respond to
comments, including comments that contain specific questions or
inquiries. OCR issues a limited number of policy guidance and technical
assistance documents each year. Receipt of comments in response to this
request for information does not imply that OCR has decided to issue
policy guidance, technical assistance, or other resources.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other
[[Page 30453]]
documents of the Department published in the Federal Register, in text
or Portable Document Format (PDF). To use PDF, you must have Adobe
Acrobat Reader, which is available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Suzanne B. Goldberg,
Acting Assistant Secretary for Civil Rights.
[FR Doc. 2021-11990 Filed 6-7-21; 8:45 am]
BILLING CODE 4000-01-P
