Department of Education Rolls Back Disparate Impact Laws, Causing Backlash from Human Rights Groups
Overview:
The Department of Education’s rollback of Title VI disparate impact laws, aimed at curbing racially biased school policies, has been criticized by 60 civil rights organizations that warn it will further discriminate against students of color.
The US Department of Education announced Thursday, July 23, that it is ending a set of long-standing “disparate impact” rules, rules that have prohibited educational policies that have unintentionally discriminatory effects on the basis of race, color, and national origin.
“A child is more than a number in a data set. The left’s idea of ’equality’ should never prevent teachers from keeping their classrooms and students safe. With these changes, schools will be empowered to address classroom issues without fear of the federal government arming them with anti-discrimination laws,” said Human Rights Watch Assistant Secretary Kimberly Richey. “These regulatory changes will help ensure proper enforcement of Title VI, as intended by Congress. The Trump administration will continue to hold schools accountable for discrimination and ensure that all American students receive equal educational opportunities and the equal treatment they deserve under the law.”
Officials of the department said that these laws were excessive, and they said that they stopped schools from disciplining students who are members of a minority group, instead they pushed institutions to make decisions related to race. Assistant Secretary for Human Rights Kimberly Richey framed the move as protecting classroom safety from what she called the agency’s overreach with equity laws.
Human Rights Groups Push Back
In response, a coalition of 60 civil rights and academic organizations – including the Legal Defense Fund, the Lawyers’ Committee for Human Rights Under the Law, the National Women’s Law Center, LatinoJustice PRLDEF, the Southern Poverty Law Center, and the League of United Latin American Citizens (LULAC), among others, issued a joint statement condemning the rollback.
The coalition called the action “further evidence that this government is willing to undermine our laws, reject the enforcement of civil rights, and deny the existence of organized racism.” They emphasized that the courts have long recognized that discrimination does not have to be overt to be legal, and that the disparate impact tool exists to eliminate unreasonable barriers so that all students have an equal opportunity to learn.
As examples, these groups pointed to school discipline and school closure policies that may appear neutral on their face while disproportionately harming black, Native American, Latino, and Asian American and Pacific Islander students.
“Every student, regardless of where they come from, has the right to continue their education without discrimination. Today’s action has no basis in law or morality and is further evidence that this government is determined to undermine our laws, reject the enforcement of civil rights, and deny the existence of systematic discrimination. For decades, the courts have recognized that racism is not always an unfairly created tool of discrimination. barriers to education and ensuring that all students have an equal opportunity to learn and they are successful,” reads the statement released by the coalition. “Examples may include school discipline or school closing policies that appear to be neutral but disproportionately harm and disproportionately harm black and American students, as well as Latino and Asian American and Pacific Islander students, while ignoring other measures that serve all students better. While undermining the protection of civil rights is inexcusable, the Department’s action to amend these laws is unconstitutional without providing an opportunity for public comment without violating the law.”
These organizations also sharply criticized the Ministry, noting that the rules were changed without giving the public a chance to comment, a move they called insecure. They warned that the repeal will pave the way for discrimination that prevents equal educational opportunities for students of color and others who are marginalized, and they also urged the Department to restore the disparate effect instrument and fulfill the legal obligations under Title VI to prevent and address racial discrimination in schools.
Part of a Wide Pattern
Thursday’s action builds on an executive order President Trump signed in April 2025 that directs federal agencies to stop enforcing disparate impact liability. It is part of a broader campaign by the administration to fight diversity, equity, and inclusion programs, which Trump has described as discriminatory against groups including whites and men. Civil rights advocates have repeatedly criticized these efforts as reversing decades of progress for disadvantaged communities, including racial minorities, women, and LGBTQ Americans.
Legal Background
Disparate impact liability stems from a 1971 Supreme Court decision Griggs v. Duke Power Co.which held that apparently neutral employment practices may violate the Human Rights Act of 1964 if they reduce the equal opportunities of a protected group without a clear connection to job performance. Congress later codified that standard in the Civil Rights Act of 1991, a change that encouraged advocacy organizations to systematically evaluate how their policies affect protected groups — a practice now widespread across education and employment.
The dispute is likely to fuel legal and political battles over how civil rights protections are defined and applied in America’s schools.
