U.S. Department of Education Directs Schools to Stop Racial Balancing in Student Discipline Policies, Investigates Two School Districts

Today, the U.S. Department of Education (the Department) issued guidance to educational institutions to promote safe and fair school discipline policies. That guidance, a "Dear Colleague Letter," details how discipline policies must treat students even-handedly and must neither favor nor disfavor any student based on their race. The letter follows the Department's rulemaking that removed disparate impact provisions from the Department's regulations implementing Title VI of the Civil Rights Act of 1964 (Title VI).

Under the previous regulation, demographic data alone could be used to establish that a school violated federal civil rights laws, even if there was no facially discriminatory policy, practice, or discriminatory intent involved. Obama and Biden Administration guidance documents advised educators that racially neutral school discipline rules could violate Title VI if they disproportionately impacted students of one race more than another, effectively coercing schools to discipline students differently based on race in order to engineer equitable disciplinary outcomes across racial groups. In addition to being manifestly unfair, this practice leads to unsafe classrooms and it undermines student learning. The Department's new guidance notes that race-conscious discipline policies coincided with increased and repeated disruptive behavior, more missed days of school by victims of bullying and harassment, and high rates of teacher dissatisfaction.

In line with this new guidance, the Department's Office for Civil Rights (OCR) today opened two Title VI investigations into school districts that allegedly require personnel to consider race when making disciplinary decisions: In Fayetteville, Arkansas, teachers were directed to take students' racial identities into account when issuing discipline as part of an effort to bring about "restorative justice" to address "the disproportionality of discipline on students of color." In Milwaukee, Wisconsin, education leaders derided facially neutral school policies as reflecting systemic "whiteness," seemingly encouraging school officials to consider race in disciplinary practices.

"For too long, the left's pursuit of 'equity' has perversely required schools to discipline students differently, based on their race; it has prevented teachers from keeping their classrooms safe, put students in harm's way, and severely compromised student learning opportunities," said Assistant Secretary for Civil Rights Kimberly Richey. "Today's guidance clarifies Title VI's legal requirements and ends these harmful practices. OCR will vigorously enforce Title VI to ensure that schools' disciplinary systems are neutral and fair, and that they operate in a nondiscriminatory manner. The Trump Administration remains committed to holding schools accountable for discrimination and ensuring all students in America receive the equal educational opportunities and treatment to which they are entitled by law."

Background 

Today's guidance follows the Department's announcement last month that it is rescinding several disparate impact provisions from the Department's regulations implementing 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 effectively required educational institutions to engage in unlawful racial balancing to comply with federal civil rights law. Removing the disparate impact provisions aligns the Department's regulations with Title VI's statutory provisions and advances President Trump's promise to restore equality of opportunity and treatment for all students.

In April 2025, President Trump signed Executive Order 14281 to restore equality of opportunity, 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.  

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