# U.S. Department of Education school discipline policy shifts

> Live situation record from CLSTR: https://clstr.news/situations/us-department-of-education-school-discipline-policy-shifts
> Updated: 2026-08-18T00:00:00.000Z. Sources: 5. Developments: 2.

The U.S. Department of Education has moved to overhaul federal oversight of school discipline practices. Initially, the department announced the repeal of disparate-impact regulations, which previously allowed federal investigations into school discipline based on statistical racial disparities. This move coincided with a proposal to transfer the Office for Civil Rights and the Office of Special Education and Rehabilitative Services to the Justice and Health departments, a plan met with opposition from House Democrats who argued it could weaken student protections.

Following these changes, the Department of Education issued new guidance through the Office for Civil Rights instructing school districts to adopt race-neutral disciplinary policies. Assistant Secretary for Civil Rights Kimberly Richey stated that neither the Constitution nor Title VI requires schools to use race in disciplinary decisions, asserting that making decisions based on racial outcomes constitutes discrimination. This shift follows a 2025 executive order aimed at reinstating what the administration describes as ‘commonsense’ discipline. 

Despite the move toward race-neutrality, the department announced new civil rights investigations into two school districts for allegedly employing race-based disciplinary practices, citing concerns that previous guidance led schools to under-report misconduct to avoid appearing to have racial disparities.

## Claims

- The Department of Education issued guidance urging schools to avoid favoring or disfavoring students based on race in disciplinary actions. (disputed by 3 sources)
- The Office for Civil Rights guidance states that evaluating racial outcomes of discipline policies to make decisions constitutes race discrimination under Title VI. (disputed)
- The Department of Education announced civil rights investigations into two school districts for allegedly using race-based disciplinary policies. (corroborated by 2 sources)
- The guidance follows a April 2025 executive order by President Donald Trump titled ‘Reinstating Commonsense School Discipline Policies’. (corroborated by 2 sources)
- A 2018 report found that previous guidance led schools to cover up misconduct to avoid appearing to have racial disparities in discipline. (corroborated by 2 sources)
- Assistant Secretary for Civil Rights Kimberly Richey stated that Title VI and the Constitution do not require the use of race in student discipline. (single source)

## Timeline

### 2026-08-18: U.S. Department of Education issues race-neutral school discipline guidance

The U.S. Department of Education issued new guidance requiring schools to use race-neutral discipline policies, reversing previous Obama-era guidelines and initiating investigations into race-based practices.

5 sources. https://clstr.news/cluster/us-department-of-education-issues-race-neutral-school-discipline-guidance

### 2026-07-26: U.S. Education Department Repeals Disparate-Impact Rule, Opposed to Office Transfers

The U.S. Education Department repealed disputed disparate‑impact rules and faces Democratic opposition to plans to shift the Office for Civil Rights and special‑education office to other agencies.

3 sources. https://clstr.news/cluster/us-education-department-repeals-disparate-impact-rule-opposed-to-office-transfers

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Cite as: U.S. Department of Education school discipline policy shifts. CLSTR, https://clstr.news/situations/us-department-of-education-school-discipline-policy-shifts