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The Education Department said Thursday that it is rescinding a long-standing policy allowing statistical disparities to serve as evidence of discrimination in schools during civil rights investigations.
The policy, which took place immediately, eliminated guidance dating back to 1979 that permitted the agency’s Office for Civil Rights to use data showing disproportionate outcomes for students of different races when investigating alleged violations of Title VI of the Civil Rights Act.
Federal investigators now can no longer rely on statistical disparities alone to support discrimination findings and instead will have to prove intentional discrimination in civil rights complaints against schools using other means.
“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,” Assistant Secretary for Civil Rights Kimberly Richey said in a statement. “With these changes, schools will be empowered to address classroom issues without fearing the federal government will weaponize antidiscrimination laws.”
Richey added that the changes will “help ensure fair enforcement of Title VI, as intended by Congress” and that it would give schools greater flexibility to address disciplinary issues without fear of federal investigations.
“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,” she said.
The department argued previous administrations used disparate impact analysis to pressure schools into considering race when making disciplinary decisions, claiming that if data showed minority students were disciplined at higher rates than white students, the schools could face civil rights investigations.
In a joint statement, 60 civil rights and education organizations condemned the change, saying it “has no basis in law or morality” and accused the administration of abandoning longstanding civil rights protections.
“For decades, courts have acknowledged that discrimination is not always explicit or overt. The disparate impact tool is designed to remove unjustified barriers in education and ensure that all students have an equal opportunity to learn and succeed,” the statement reads.
The groups added that rescinding the policy “will clear the way for discrimination that too often deprives students of equal educational opportunity based on race, color, and national origin.”
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