Education Department Rescinds Disparate-Impact Rules for School Civil-Rights Enforcement

On July 23, the U.S. Department of Education announced it is rescinding regulations that allowed statistical disparities to serve as evidence of discrimination in Title VI investigations of schools. The change takes effect immediately and removes guidance dating back to 1979 that recognized “disparate impact” liability—where a policy’s outcomes disadvantage students of certain races, colors, or national origins even without proof of intentional bias. Federal investigators must now demonstrate intentional discrimination through other evidence.

Education Department Removes Anti-Discrimination Rule – 710am KURV

Title VI of the Civil Rights Act of 1964 bars discrimination on the basis of race, color, or national origin. The Department’s first Title VI regulations were issued in 1964, and the Supreme Court’s 1971 decision in *Griggs v. Duke Power Co.* recognized disparate-impact liability as a legal test. The Education Department codified its own disparate-impact rules in 1980 and updated them over the ensuing decades. In 2001, *Alexander v. Sandoval* held that private parties could not sue for disparate-impact violations, increasing the Office for Civil Rights’ enforcement role.

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During the Obama administration, a 2014 “Dear Colleague” letter expanded the use of disparate-impact analysis for school-discipline policies. The Trump administration later rescinded that guidance, and the Biden administration did not restore it. The current rescission follows a White House executive order issued last year directing agencies to eliminate disparate-impact analysis in civil-rights enforcement.

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Catherine E. Lhamon, former assistant secretary for civil rights, warned that because intentional discrimination is harder to prove, enforcement “could suffer” and that “for the first time since 1964, the federal government is closing its eyes to some forms of discrimination, and that leaves more people more vulnerable.”

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• 60 civil-rights and education groups signed a condemnation letter.

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• The rescinded regulations had been in place for more than 60 years.

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• Federal data show disparities between student groups have narrowed over the past 40 years.

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With the disparate-impact tool removed, schools can no longer rely on statistical evidence alone to trigger Title VI investigations. Districts will need to produce direct evidence of intentional bias to face federal action, a higher evidentiary bar that civil-rights advocates say may reduce accountability for policies that disproportionately affect Black, Latino, Asian American, Native American and Pacific Islander students.

The rescission was released on July 23 and slated for publication in the Federal Register on July 24. The Department indicated the change aligns with the broader executive-order directive to eliminate disparate-impact analysis across federal agencies.

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• “With these changes, schools will be empowered to address classroom issues without fearing the federal government will weaponize antidiscrimination laws.” — Kimberly Richey, assistant secretary for civil rights

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• “The Department of Education, especially when it does a significant rulemaking like this that has potential to impact millions of students, has to go through notice and comment, it has to hear from stakeholders,” — Ray Li

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