July 27, 2026
Written by Sasha Pudelski, Director, Advocacy at AASA, The School Superintendents Association and member of the AESA advocacy team
On July 23, the U.S. Department of Education announced it would be removing regulations that had been in place for over 60 years that recognized discrimination can occur through the effects of a policy, not just intent. This policy, relying on what is called a disparate impact analysis, aligns with an executive order issued by President Donald Trump last year calling for the elimination of disparate-impact liability “in all contexts to the maximum degree possible to avoid violating the Constitution, Federal civil rights laws, and basic American ideals.” ED asserts that the regulations will clarify that Title VI of the Civil Rights Act “prohibits intentional discrimination and does not prohibit conduct or activities that have an unintentional disparate impact, and that accordingly, the Department will not pursue Title VI disparate-impact liability against its Federal funding recipients.” On July 22, the Department also rescinded a separate set of regulations governing how states monitor discrimination in CTE programs.