1870-AA20 202510 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1870 Office for Civil Rights OCR 1800 Department of Education ED Elimination of Disparate Impact Theory Under Title VI of the 1964 Civil Rights Act

The Department intends to remove the regulation under Title VI of the 1964 Civil Rights Act that utilizes a disparate impact theory of race-based discrimination, to align Department regulations with Supreme Court precedent that requires Title VI violations to rest upon intentional discrimination, to otherwise ensure compliance with constitutional and statutory requirements, and to remove outdated materials.

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage No No Deregulatory 34 CFR 100 42 U.S.C. 2000d-1 20 U.S.C. 1682 29 U.S.C. 794 Yes

The Department is rescinding portions of its regulations promulgated pursuant to Title VI, 42 U.S.C. 2000d-1, to more closely align its regulations to apply to the intentionally discriminatory conduct that Congress prohibited when enacting Title VI statute, 42 U.S.C. 2000d and to ensure its regulations comply with Executive Order 14821, Restoring Equality of Opportunity and Meritocracy, issued on April 23, 2025.

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The Department is rescinding portions of its regulations pursuant to Title VI, 42 U.S.C. 2000d-1.
Executive Order 14281 requires federal agencies to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible to avoid violating the Constitution, federal civil rights laws, and basic American ideals.

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This will be discussed in the action taken by the agency that is published in the Federal Register.

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This will be discussed in the action taken by the agency that is published in the Federal Register.

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This will be discussed in the action taken by the agency that is published in the Federal Register.

]]> Final Action 07/00/2026 No No None No Undetermined No No Meir Katz 1870 Office for Civil Rights OCR 202 999-9999 meir.katz@ed.gov 400 Maryland Ave SW, Washington DC 20202