The Office of Civil Rights (OCR) of the U.S. Department of Education (DOE) has rescinded several disparate-impact provisions from the DOE’s regulations implementing Title VI of the Civil Rights Act of 1964. As defined by Congress, “disparate-impact discrimination occurs when a seemingly neutral policy or action causes a disproportionate and unjustified negative harm to a group, regardless of intent.”
“Disparate-impact provisions allow demographic data alone to establish that a school violated federal civil rights laws, even if there is no facially discriminatory policy, practice, or discriminatory intent involved,” reads a statement from the DOE. “This has effectively required educational institutions to consider race and engage in racial balancing in order to comply with federal civil rights law. Removing disparate-impact aligns the Department’s regulations with Title VI’s statutory provisions and advances President Trump’s promise to restore equality of opportunity and meritocracy.”
The statement calls out prior OCR investigations that found schools violated Title VI due to their disproportionately high rate of disciplinary action taken against “minority students.” JBHE has previously reported on numerous scholarly studies that documented such disparities facing Black youth in K-12 schools, including one research article that found racial disparities in school discipline are not connected to differences in behavior between Black and White students. But according to the DOE, “the Obama administration weaponized [disparate-impact liability] as a tool for the radical left, forcing schools to make race a factor when considering disciplinary actions.”
“A child is so much more than a number in a data set. The left’s notion of ‘equity’ should never prevent teachers from keeping their classrooms and students safe. With these changes, schools will be empowered to address classroom issues without fearing the federal government will weaponize antidiscrimination laws,” said Assistant Secretary for Civil Rights Kimberly Richey. “These regulatory changes will help ensure fair enforcement of Title VI, as intended by Congress. The Trump Administration will always hold schools accountable for discrimination and ensure all students in America receive the equal educational opportunities and equal treatment to which they are entitled by law.”
In response to the DOE’s announcement, a group of 60 civil rights and education organizations issued a joint statement condemning the department’s action:
“Every student, no matter their background, has the right to pursue their education free from discrimination. Today’s action has no basis in law or morality and is further evidence that this administration is determined to undermine our laws, abandon civil rights enforcement, and deny the existence of systemic discrimination. For decades, courts have acknowledged that discrimination is not always explicit or overt. The disparate impact tool is designed to remove unjustified barriers in education and ensure that all students have an equal opportunity to learn and succeed. Examples may include school discipline or school closure policies that appear neutral but unfairly and disproportionately harm or disadvantage Black and Native American students, as well as Latino and Asian American and Pacific Islander students, while ignoring alternatives that better serve all students. While undermining civil rights protections is never justified, the Department’s move to overhaul these anti-discrimination regulations without even providing the public with an opportunity to comment is indefensible.”
