President Donald Trump is set to enact two significant executive orders that will dramatically alter the landscape of school discipline and legal interpretations in the U.S. The signing is scheduled for this Wednesday at 5:00 p.m. ET.
According to Breitbart, these new regulations reject the use of Diversity, Equity, and Inclusion (DEI) guidelines and disparate-impact liability in schools and legal practices.
The first executive order will change how school discipline is approached, moving away from DEI and focusing instead on students' behaviors. This reform aligns with the administration's push for policies based solely on individual actions rather than racial or social group identities.
President Trump’s actions are a withdrawal from policies under former President Obama aimed at balancing disciplinary actions across different races. As asserted in his forthcoming order, Trump's priority is to root school discipline in concrete behavior rather than statistical equity.
Violation of Title VI, which protects individuals from discrimination based on race, color, or national origin, will be met with strict consequences under the new school discipline policy. Schools failing to comply with these protections will face governmental action. To ensure implementation aligns with American values, a report will be mandated to analyze the repercussions of DEI-based school disciplines and to propose model discipline policies that maintain constitutional fidelity.
The second order from President Trump targets the legal theory known as disparate-impact liability. This theory has been used to identify and combat discrimination by observing different outcomes among groups, without needing to prove intentional discrimination.
Trump's administration argues that the application of this theory violates the constitutional guarantee of equal treatment under the law. As part of the executive order, the usage of disparate-impact liability in various legal contexts will be discontinued. This comprehensive order will not only restrict new usage but also rescind previous presidential directives that permitted this theory’s application in legal and regulatory contexts.
All federal agencies will receive instructions to reduce the enforcement of statutes and regulations that incorporate disparate-impact liability theories. This indicates a significant shift in how discriminatory practices are identified and addressed in legal proceedings.
Additionally, Attorney General Pam Bondi is directed to oversee the amendment or repeal of existing regulations that implement such liabilities. This directive extends to reviewing all ongoing investigations, lawsuits, and consent judgments that rely on disparate-impact foundations. The orders reflect President Trump’s approach to governance, emphasizing individual merit and constitutional consistency over group-based outcomes or corrective strategies that have been popular in past administrations.
The impending changes are likely to have broad implications for both educational institutions and the broader legal system. Schools will need to adjust their disciplinary policies to avoid any actions that could be interpreted as racially preferential or discriminatory, as per the new directives.
Legally, removing disparate-impact liability from the equation could lead to fewer legal claims based on statistical disparities unless there is clear evidence of intentional discrimination. This could potentially change the landscape of how civil rights are enforced in the United States.
As the date of the signing draws near, stakeholders from across the educational and legal sectors are bracing for shifts in practice and policy that could reshape fundamental aspects of their operations and governance.
While President Trump's administration argues that these changes will foster fairness and objectivity, critics are likely to argue that they may overlook systemic issues that do not stem from direct individual actions. The full impact of these orders will unfold as schools and legal entities begin to implement the revised guidelines and adjust to the new regulatory environment.
The nation watches closely as these orders not only redefine administrative priorities but also resonate with ongoing debates about equity, justice, and the role of government in addressing complex social issues. As Wednesday approaches, the educational and legal communities await detailed insights from the White House on how these sweeping changes will be implemented and enforced in practice.