Trump Administration Reverses Course on Addressing Systemic Racism in Schools

The Trump administration has moved to limit the ways schools can address systemic racism, reversing decades of civil rights enforcement that allowed for consideration of racial disparities in policies and practices. This shift marks a departure from previous administrations, both Republican and Democratic, which agreed that schools receiving federal funding had an obligation to address racial injustice.

The Education Department rescinded a regulation that permitted schools to compare racial outcomes to identify potential discrimination, such as disparities in advanced class enrollment. Additionally, the department issued guidance stating that considering race when crafting discipline policies is illegal, even if it results in a particular racial group being suspended or expelled more frequently.

Concurrently, the Justice Department has reduced its involvement in school desegregation cases. The department has reported closing over 50 desegregation cases and is seeking dismissal in many others. Historically, these federal court cases were used to hold schools accountable for disparities faced by students of color, including disproportionate discipline rates, poorer facilities, and limited access to advanced coursework and extracurriculars.

The administration's stance is that examining different outcomes for specific student groups, a concept known as "disparate impact," is itself a form of racial discrimination. A spokesperson for the Education Department stated that previous administrations "weaponized disparate impact" by coercing schools to discipline students differently based on race, leading to unsafe classrooms.

Critics, however, worry these changes will make it easier for racial discrimination to persist. U.S. Rep. Bobby Scott, D-Va., has expressed concern that the administration's actions aim to revert to a pre-1954 era when school segregation was legal.

Shifting Focus on Disparate Impact

In May 2025, an executive order directed federal agencies to cease examining "disparate impact" – policies that appear neutral but disproportionately affect one group over another. In education, this analysis has frequently been applied to school discipline, particularly in student removals like suspensions and expulsions.

Federal data has long shown that students of color, especially Black students, are more likely to be removed from classrooms for similar infractions compared to their peers. Research indicates that suspended students are more prone to disengagement and poorer academic outcomes.

An investigation into alleged disproportionate removal of Black male students with disabilities in Denver Public Schools, initiated by the Education Department in 2021, stalled after the current administration took office. While state authorities found civil rights violations and mandated new training, families have received no updates from the federal department, which advocates say allows districts to continue existing practices.

Past Enforcement and Future Implications

During the initial Trump administration, the Education Department did investigate and resolve cases of racial discrimination. In 2018, a settlement was reached with Durham Public Schools in North Carolina following an investigation into whether its discipline policies resulted in racial discrimination. The investigation found Black students were disproportionately suspended, particularly for subjective infractions like disobedience. This settlement empowered parents and led to changes in the district's code of conduct and the creation of an equity affairs office.

Under the new guidance, federal authorities are less likely to pursue similar cases. Catherine Lhamon, who oversaw education civil rights under Presidents Obama and Biden, stated that the federal government has "has chosen to close its eyes to that way of understanding discrimination."

Concerns also exist about the long-term impact of these policy changes. Johnathan Smith, a former Justice Department civil rights attorney, believes the administration is creating obstacles that could make it difficult for future administrations to re-establish robust civil rights enforcement.

Desegregation Cases

The Justice Department has also moved to close court-mandated school desegregation cases across the South, arguing that decades-old orders are outdated. Civil rights attorneys maintain that the lingering effects of segregation persist. Kelly Gardner of the NAACP Legal Defense Fund noted that courts have historically required schools to demonstrate they have removed the effects of segregation to be released from desegregation orders.

However, the Justice Department is now intervening to close these cases, often without a thorough assessment of these lingering effects. In Louisiana, a federal court granted a request to release the DeSoto Parish School Board from its desegregation order, a move praised by the state's Attorney General as a return to constitutional powers. Shortly after the order was lifted, the district changed its policies, limiting future transfers and requiring students in the program to return to their zoned schools.