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DOJ Finalizes Rule Limiting Title VI to Intentional Bias, Ending Disparate-Impact Enforcement

Education officials are moving to mirror the policy, raising warnings from civil-rights advocates about weakened oversight in schools.

Overview

  • Effective December 10, the Justice Department’s rule confines Title VI enforcement to deliberate discrimination and removes liability based solely on statistical disparities.
  • The department said it will not pursue disparate-impact claims against recipients of federal funds, including schools, state and local agencies, nonprofits, and contractors.
  • The Education Department has signaled parallel action by withdrawing a Biden-era agreement with Rapid City, South Dakota schools that targeted Native American discipline disparities.
  • The move aligns with President Trump’s April executive order to end disparate-impact liability, and the DOJ noted that statistical data can still be used to help prove intent.
  • Civil-rights advocates argue the shift weakens a key tool for addressing systemic disparities, supporters call it a correction to regulatory overreach, and legal challenges are expected.