As reported by K-12 Dive, on July 23, 2026 the U.S. Department of Education’s (USDE) Office for Civil Rights (OCR) announced that it has rescinded regulations to implement disparate impact provisions under Title VI of the Civil Rights Act of 1964. Those regulations have been used to investigate school districts accused of racial discrimination. In fact, a final rule was published on July 24, 2026 Friday in the Federal Register without seeking public comment beforehand.
The move is in accordance with a 2025 executive order issued by President Donald Trump that called to “eliminate” disparate impact liability “in all contexts to the maximum degree possible to avoid violating the Constitution, Federal civil rights laws, and basic American ideals.”
It is feared that the removal of OCR’s disparate impact process will harm Black, Latino, Asian American, Native American, and other students of color who face higher discrimination rates.
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