Rescinding Portions of the Department of Education Title VI Regulations To Align With the Statutory Text and Conform to Executive Order 14281

Résumé

The Secretary of Education amends the regulations implementing Title VI of the Civil Rights Act of 1964 ("Title VI") to eliminate disparate-impact liability. These amendments bring the U.S. Department of Education's (Department's) regulations in line with Title VI's original public meaning, avoid constitutional concerns, implement changes that are consistent with Executive Order 14281, "Restoring Equality of Opportunity and Meritocracy," reflect the Department's independent policy determinations, reduce confusion and uncertainty, lower compliance costs for recipients of Federal financial assistance, and serve the public interest. After reviewing the relevant issues, weighing the various factors, and analyzing the pertinent considerations, the Department concludes that these reasons, separately and cumulatively, support eliminating disparate-impact liability from the Department's Title VI regulations.