Department of Education Calls on Universities to End ‘Racial Balancing’

The Department of Education just targeted an Obama-era policy that encouraged schools to discipline students differently based on race.

Last month, the Education Department issued guidance to educational institutions to remove what it called “racial balancing” in school disciplinary policies. In a press release, Assistant Secretary for Civil Rights Kimberly Richey noted how the push for “racial equity” at universities often means unfairly treating students based on their race.

“For too long, the left’s pursuit of ‘equity’ has perversely required schools to discipline students differently, based on their race; it has prevented teachers from keeping their classrooms safe, put students in harm’s way, and severely compromised student learning opportunities,” said Richey.

The Obama-era guidance originally determined that schools with racially neutral disciplinary policies could violate the Civil Rights Act of 1964 if one race consistently faced more disciplinary action.

According to the Department of Education, the policy meant schools could leave serious misconduct unpunished when a student’s race was already disproportionately represented among school incidents. The Department argued that, in turn, this could leave other students at greater risk.

The guidance comes a month after the Department of Education rescinded several disparate impact provisions. These provisions allowed a university to be considered in violation of Title VI based solely on demographic data without the presence of a racially discriminatory policy.

The Education Department has not slowed down its war on racially discriminatory policies, even with department cuts seemingly on the horizon.

The department is currently targeting higher education accreditors for enabling diversity, equity, and inclusion (DEI) policies made possible by their “entrenched accreditation monopolies.” Last month, a new rule was proposed which would force accreditors to end racially discriminatory requirements to promote innovation and “academic excellence.”

Kimberly Richey ended the most recent press release by emphasizing that Title VI is intended to protect individuals from discriminatory policies, not expose them to equally harmful practices.

“Today’s guidance clarifies Title VI’s legal requirements and ends these harmful practices,” stated Richey.

“OCR will vigorously enforce Title VI to ensure that schools’ disciplinary systems are neutral and fair, and that they operate in a nondiscriminatory manner. The Trump Administration remains committed to holding schools accountable for discrimination and ensuring all students in America receive the equal educational opportunities and treatment to which they are entitled by law.”

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