WASHINGTON, D.C. — The U.S. Department of Education has eliminated disparate-impact provisions from its Title VI regulations, narrowing the circumstances under which schools can face federal civil rights liability when race-neutral policies produce unequal outcomes among demographic groups.
The Office for Civil Rights rescinded provisions from Title 34, Part 100 of the Code of Federal Regulations in accordance with an executive order President Donald Trump signed in April 2025.
Disparate-impact standards allow regulators to challenge policies that disproportionately affect a protected group without requiring evidence that the policy is explicitly discriminatory or was adopted with discriminatory intent.
The regulatory change shifts the department’s enforcement focus toward intentional discrimination and policies that discriminate on their face.
Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color or national origin in schools and other educational programs receiving federal financial assistance. Those statutory protections and the Office for Civil Rights’ authority to investigate alleged discrimination remain in effect.
The department argued that disparate-impact enforcement had pressured schools to consider race when developing or applying otherwise neutral policies, including student discipline practices.
“With these changes, schools will be empowered to address classroom issues without fearing the federal government will weaponize antidiscrimination laws,” Assistant Secretary for Civil Rights Kimberly Richey stated.
Richey maintained that the revisions would align federal enforcement with the language of Title VI while preserving accountability for unlawful discrimination.
The action follows Executive Order 14281, which directed federal agencies to eliminate disparate-impact liability across government programs. The Justice Department revised its own Title VI regulations in December 2025 to remove similar provisions.
Students, parents and advocates may continue filing complaints with the Education Department’s Office for Civil Rights if they believe they have experienced discrimination or retaliation.
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