On April 23, 2025, President Trump issued Executive Order #14280 (EO 14280), “Reinstating Commonsense School Discipline Policies.” This order directs the U.S. Department of Education and the U.S. Attorney General to issue new guidance on school discipline and move away from the disparate impact framework that the Obama and Biden administrations had applied.
However, nearly a year after EO #14280, no such guidance has been published. Data on federal investigations into school disciplinary procedures since the executive order will not be available until at least 2027, but it is likely that the Office for Civil Rights (“OCR”) of the Department of Education and the Department of Justice have quietly paused or ended investigations into disciplinary policies that may have previously been scrutinized.
Background and History of Executive Order 14280
Disparate impact is a legal doctrine most often associated with employment law, but it has been applied in education through Title VI of the Civil Rights Act of 1964. Under this theory, a policy or practice may be found unlawful if it disproportionately harms students of a particular race, color, national origin, sex, or disability—even if the policy is neutral on its face and not motivated by discriminatory intent.
The federal government’s approach to disparate impact in school discipline has oscillated over the past decade. In January 2014, the U.S. Department of Education and the Department of Justice jointly issued a Dear Colleague Letter (“DCL”) establishing that schools could violate Title VI of the Civil Rights Act of 1964 if their discipline policies—though neutral on their face—resulted in racial disparities. Under this approach, schools could face the potential loss of federal funding if members of any racial group were suspended, expelled, or referred to law enforcement at higher rates than others, even absent evidence of intentional discrimination.
The 2014 DCL, however, was rescinded in December 2018 by the first Trump administration. But then, in 2023, the Biden administration issued new guidance that again encouraged schools to analyze and adjust discipline policies in light of racial disparities, effectively reinstating disparate impact analysis in school discipline.
Now, President Trump again has shifted federal policy back to an approach more closely aligned with his first administration’s position on student discipline. According to EO 14280, the 2014 DCL “required schools to discriminate on the basis of race by imposing discipline based on racial characteristics, rather than on objective behavior alone.” The order cites a 2018 Federal Commission on School Safety report, which found that some schools may have failed to appropriately discipline students in order to avoid federal scrutiny over racial disparities in discipline data.
Impact on School Districts
EO 14280 shifts disciplinary oversight away from federal agencies, which previously promulgated related civil rights guidance, and increases the authority of states and individual school districts. Without federal disparate impact investigations, students—especially students of color, students with disabilities, and other underserved groups—have fewer options to challenge policies that may disproportionately affect them.
Although students and families retain the right to pursue claims of intentional discrimination (disparate treatment), these cases typically require more specific evidence, such as proof that a similarly situated student received more favorable treatment. Meanwhile, some states may continue to recognize disparate impact claims under their own anti-discrimination statutes.
This policy change may also influence how school districts approach student discipline. Schools that previously adopted reforms based on the prior federal guidance may now reconsider these initiatives, potentially resulting in an increased use of suspensions and expulsions. Alternatively, schools may choose to maintain existing reforms to avoid the risk of state-level litigation or negative public attention.
What this means for you
School districts should anticipate fewer federal investigations into discipline practices based on disparate impact. However, state law may still provide for disparate impact claims, which may lead to increased litigation in state courts. To mitigate risk, schools should regularly review their discipline policies to ensure they are applied consistently and equitably across all student groups. Now that a full academic year under EO 14280 is coming to a close, school districts have the opportunity to review their discipline data, reflect on the consequences of any changes made in response to the order, and proactively address any emerging concerns.
Contact us
If you have questions about how these changes may affect your school or district, or if you would like assistance reviewing your discipline policies, please contact John W. Borkowski, Aleks O. Rushing, Mackenzie Conway, Samantha Bowie, or your Husch Blackwell Education attorney.