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US tells schools not to alter discipline policies to reduce racial disparities

The department says schools cannot use race to balance discipline outcomes and launched Title VI probes into Milwaukee Public Schools and another district.

  • On Tuesday, the U.S. Education Department issued guidance urging schools to stop "racial balancing" in student discipline policies, restricting civil rights investigations to intentional discrimination rather than disparate impact.
  • This guidance follows the department's decision last month to eliminate regulations dating back more than 60 years that allowed investigations based on statistical outcomes; the Trump administration described prior guidance as "hamstrung by erroneous interpretations."
  • Assistant Secretary for Civil Rights Kimberly Richey stated that neither Title VI nor the Constitution requires race-conscious discipline, arguing that schools evaluating racial outcomes in their policies constitutes discrimination by the school itself.
  • Critics including EdTrust P-12 policy director Eric Duncan warned the policy ignores racial disparities; Advancement Project director Adaku Onyeka-Crawford called the guidance "poorly argued" and relying on "misrepresentations of legal precedent."
  • While the Dear Colleague letter lacks the force of law, it signals the administration's enforcement priorities; Manhattan Institute fellow Carolyn Gorman praised it as "VERY welcome common sense" for student discipline.
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The Daily Signal broke the news in Washington, United States on Tuesday, August 18, 2026.
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