Trump’s Education Department Halts “Disparate Impact” Enforcement

The Trump administration’s Department of Education ended the use of “disparate impact” analysis in civil rights cases, a dramatic shift that might reduce oversight of discriminatory practices in schools. “Disparate impact” examines whether policies disproportionately harm certain groups, even without explicit intent. Under new directives, only overt, intentional bias is targeted—a higher legal standard that critics say allows damaging policies to continue unchecked. Rapid City, SD schools, previously under an agreement to fix Native American discipline disparities, had that agreement abruptly revoked. Civil rights groups fear a resurgence of segregation, unfair discipline, and restricted access to advanced courses for minority students. The administration defends the move as preventing “woke activism.” Schools uncertain about compliance may revert to prior policies, risking lawsuits or inequitable outcomes.