The U.S. Department of Education’s Office for Civil Rights rescinded regulations that would have implemented disparate impact enforcement under Title VI of the Civil Rights Act, according to the agency announcement and a final rule published in the Federal Register. The department removed the disparate impact tool without seeking public comment, citing a 2025 executive order directing federal agencies to eliminate disparate impact liability “to the maximum degree possible.” Civil rights and education organizations criticized the change, warning it would reduce protections for Black, Latino, Asian American, Native American students and other students of color facing higher discrimination rates. The Education Department said the provision is in “considerable tension” with Title VI and the Constitution and added that it increases compliance costs and “does not serve the public interest.” While the department framed the change as federal administrative enforcement, the National School Boards Association noted it does not displace state laws, state constitutional guarantees, or local board obligations to serve students fairly. Schools and districts receiving federal funds will likely need to recalibrate compliance workflows and internal investigation processes.
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