Friday, August 14, 2026

Department of Education rescinds disparate-impact provisions from Title VI regulations

The U.S. Department of Education's Office for Civil Rights has removed disparate-impact provisions from its regulations implementing Title VI after
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The Office for Civil Rights at the U.S. Department of Education announced on July 23 significant deregulatory actions aimed at ensuring equal educational opportunities and treatment for students nationwide. The Department is rescinding several disparate-impact provisions from its regulations implementing Title VI of the Civil Rights Act of 1964, in accordance with Executive Order 14281.

Disparate-impact provisions previously allowed demographic data alone to establish that a school violated federal civil rights laws, even without evidence of a discriminatory policy or intent. This led educational institutions to consider race and engage in racial balancing to comply with federal law. The removal of these provisions aligns the Department’s regulations with Title VI’s statutory language and follows President Trump’s stated goal to restore equality of opportunity and meritocracy.

According to the Department, disparate-impact liability has been used for decades but was expanded under previous administrations. “Indeed, under Democrat Administrations, OCR found schools guilty of violating Title VI for even-handedly applying race-neutral policies—with no discriminatory intent—solely because data indicated the school disciplined more minority students,” the statement said.

Assistant Secretary for Civil Rights Kimberly Richey said, “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.” Richey added, “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.”

Students, parents, and advocates who believe they have experienced discrimination or retaliation may file an electronic complaint through ED-OCR’s website.

The Department is removing provisions from Title 34, Part 100 of the Code of Federal Regulations related to enforcement under Title VI. In April 2025, President Trump signed Executive Order 14281 directing elimination of disparate-impact liability across all contexts; in December 2025, the U.S. Department of Justice updated its own regulations under Title VI accordingly. Title VI prohibits discrimination based on race, color, or national origin in federally funded educational programs.

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