The Trump administration has announced the rescission of the disparate impact provisions of its Title VI enforcement, which previously held schools accountable for disproportionately disciplining students of color. This change affects schools in Connecticut, where Black students are suspended and expelled at three times the rate of white students.
Background on Disparate Impact
Disparate impact refers to a neutral-seeming rule causing non-neutral outcomes. In the context of school discipline, this means that even if a policy is race-neutral on its face, it can still have a disproportionate impact on students of color. The previous provisions considered such policies a potential violation of Title VI, which prohibits race-based discrimination.
Connecticut Education Association President Kate Dias expressed concern that the rescission of these provisions could lead to districts becoming less vigilant about addressing disparate impact. She emphasized the importance of considering implicit bias and unintended consequences in school policies.
Local Implications
Anghy Idrovo of the Connecticut Black & Brown Student Union criticized the administration’s decision, stating that policies can be written in neutral language yet still disproportionately affect Black and brown students. Idrovo advocated for legislation to end suspensions for nonviolent behavior, which did not pass.
Kathryn Meyer, an attorney with the Center for Children’s Advocacy, noted that the rescission of disparate impact provisions could render the Education Department’s Office of Civil Rights less effective in holding schools accountable. She highlighted the need for legislative action to address gaps in civil rights laws and enforcement.
Patrice McCarthy, executive director of the Connecticut Association of Boards of Education, pointed out that there are mechanisms at the state and local level to hold schools accountable for disparate impact. However, Meyer emphasized that these mechanisms may not be sufficient to fill the void left by the federal provisions.
Original reporting: The Connecticut Mirror — read the source article.