U.S. Education Department Moves To Rescind Longstanding 'Disparate Impact' Rules, Drawing Sharp Civil Rights Criticism

The U.S. Education Department announced on Thursday that it will rescind several long-established 'disparate impact' regulations, rules that for decades have barred policies and practices that produce discriminatory outcomes even when there is no intent to discriminate.

'Disparate impact' standards have been used to challenge ostensibly neutral policies that disproportionately burden students of particular races or national origins, including school discipline practices, school closures and other district-level decisions.

Sixty civil rights and education organizations immediately condemned the move, saying the rescission removes an important tool for protecting students from systemic discrimination based on race, color and national origin. The groups warned that removing these regulations could lead to increased disparate outcomes for Black, Native American, Hispanic, Asian American and Pacific Islander students.

The decision follows an executive order signed by President Donald Trump in April 2025 directing federal agencies not to enforce disparate impact requirements. The administration frames the action as part of a broader push against diversity initiatives it describes as 'anti-merit' and unfair to groups such as white people and men.

The Education Department said the rules had at times prevented schools from disciplining students more strictly and had encouraged some institutions to consider race in ways the department views as improper. Assistant Secretary for Civil Rights Kimberly Richey said the change will allow schools to address classroom safety and discipline without fearing federal enforcement of anti-discrimination laws.

'The left's notion of 'equity' should never prevent teachers from keeping their classrooms and students safe. With these changes, schools will be empowered to address classroom issues without fearing the federal government will weaponize anti-discrimination laws,' Assistant Secretary for Civil Rights Kimberly Richey said in a statement.

Civil rights advocates counter that disparate impact protections are designed to root out practices that unintentionally perpetuate inequality. They argue that neutral policies such as harsh discipline regimes, school closures and certain testing or tracking systems can have predictable, unequal effects on historically marginalized students.

The rights groups urged Congress or the courts to restore the protections and warned that the rescission could widen educational inequities. The Education Department and its supporters say the change restores local control and reduces federal overreach into school discipline and operations.

(Reporting by Kanishka Singh in Washington; Editing by Sonali Paul)