U.S. Department of Education Removes Disparate-Impact from Title VI Regulations

Today, the U.S. Department of Education's (the Department's) Office for Civil Rights (OCR) announced significant deregulatory actions to ensure equal educational opportunities and treatment for students across the country. In accordance with Executive Order 14281, the Department is rescinding several disparate-impact provisions from the Department's regulations implementing Title VI of the Civil Rights Act of 1964 (Title VI).

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. 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.

While disparate-impact liability has been used for decades, the Obama Administration weaponized it as a tool for the radical left, forcing schools to make race a factor when considering disciplinary actions. 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.

Today's regulatory changes put a stop to such distortion of educational opportunities, ensuring that federal law is upheld while teachers retain control over their classrooms across America.

"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."

Students, parents, and advocates who believe they have been discriminated or retaliated against may file an electronic complaint, accessible on ED-OCR's website.

Background

The Department is rescinding provisions from Title 34, Part 100 of the Code of Federal Regulations - the regulations pertaining to the enforcement of Title VI.

In April 2025, President Trump signed Executive Order 14281 to restore equality of opportunity and meritocracy, making it the policy of the United States to eliminate the use of disparate-impact liability in all contexts.

In December 2025, the U.S. Department of Justice (DOJ) updated its regulations under Title VI to eliminate disparate-impact liability.

Title VI and its implementing regulations prohibit discrimination on the basis of race, color, and national origin in educational programs and activities receiving federal financial assistance.