Trump Administration Moves to Limit Fixes for Systemic Racism in Schools

For decades, a key principle underpinned civil rights enforcement in American schools: Not all discrimination was intentional.

Even if a school policy was written without overt racial bias, it might unfairly hurt one group of students over another, the understanding went. The concept is known as systemic racism, and Republican and Democratic administrations agreed: Schools and universities that received federal funding had an obligation to address it.

Under President Donald Trump’s administration, that’s no longer the case. One by one, the administration has limited the remedies schools can use to address systemic racial injustice.

This summer, the Education Department rescinded a regulation that allowed schools to gauge potential discrimination by comparing outcomes across races, such as the racial breakdown of students in advanced classes. Then, it issued a letter to American schools, emphasizing it’s illegal to consider race when crafting discipline policies — even if one particular racial group ends up suspended or expelled more often.

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While Trump’s first administration deprioritized enforcing racial justice, his current administration has gone further — threatening to punish schools for any consideration of race in their policies and practices.

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“The Obama and Biden Administrations weaponized disparate impact by effectively coercing schools to discipline students differently based on race in order to engineer equitable disciplinary outcomes across racial groups,” Education Department spokesperson Sabin Sidney said. “These practices unfortunately led to unsafe classrooms and undermined student learning.”

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Federal and state data have long shown students of color, particularly Black students, are more likely than their peers to be pulled from the classroom for similar infractions. Research shows that students who are suspended are more likely to become disengaged from school and to have worse academic outcomes.

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The impact of the administration’s changes will outlast Trump’s presidency, said Johnathan Smith, a former attorney in the civil rights division at the Justice Department and a managing director at the National Center for Youth Law. Once the administration changes rules and regulations, future efforts to investigate civil rights could be held up in court.

“They’re building an infrastructure that says, ‘Not only are we taking down these structures, but we are building in roadblocks to make it very difficult for any future administration to change course,’” Smith said.

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