Rescinding Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs

The U.S. Department of Health and Human Services (HHS or the Department) rescinds the Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs (Guidelines). The Department also makes conforming amendments by removing cross- references to the Guidelines in its regulations. The Guidelines were developed and issued by HHS's predecessor, the Department of Health, Education, and Welfare (HEW), in 1979 in response to litigation concerning HEW's enforcement of Title VI of the Civil Rights Act of 1964 and a then-existing Federal vocational education program structure. Following the establishment of the U.S. Department of Education (ED) in 1980, administration of Federal vocational education programs, and the associated civil rights compliance framework for those programs detailed in the Guidelines, transferred to ED. HHS does not administer the vocational education program structure contemplated by the Guidelines and does not use the Guidelines as an ongoing compliance mechanism. The continued presence of the Guidelines in the Code of Federal Regulations creates a risk of confusion regarding HHS's current enforceable nondiscrimination obligations. Rescinding the Guidelines and removing the associated cross-references promotes regulatory clarity without altering any HHS funding recipient's substantive obligations under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, or section 504 of the Rehabilitation Act of 1973.