Education Department revokes disparate-impact rule, easing school discipline constraints

The Education Department has issued a regulation that strips the disparate-impact liability provision from Title VI of the Civil Rights Act, effectively ending federal oversight of neutral school discipline policies that result in racial disparities. By doing so, the agency aims to give districts the freedom to apply conventional disciplinary measures centered on safety without fear of losing federal funding. The policy shift reverses guidance from the Obama era that pressured schools to adopt softer, restorative practices, which studies in Philadelphia, California, and Pittsburgh linked to declining test scores.

Secretary Linda McMahon emphasized that the change returns Title VI enforcement to its original focus on preventing intentional discrimination. Critics of the prior approach, including the America First Policy Institute, argued that the earlier rules undermined learning environments. Supporters like Erika Donalds contend the new rule will improve order, learning conditions, and parental confidence in schools.