WASHINGTON–The executive orders President Donald Trump is set to sign on Wednesday include an order to ensure school discipline policies are not based on DEI and an order restricting the use of disparate-impact liability legal theory, Breitbart News has learned.
A White House document provided to Breitbart News states that Trump’s expected education order aims to bolster classroom safety and order by ensuring disciplinary policies are based on a student’s behavior rather than “DEI” policy.
“The Order requires new guidance to local and state educational agencies regarding school discipline, emphasizing compliance with Title VI protections against racial discrimination and preferencing,” the document notes.
“It calls for appropriate action against educational agencies that fail to comply with Title VI by continuing to use racially preferential discipline practices,” the document adds.
The order further calls for a report to be provided to the president regarding “an analysis of DEI-based school discipline and its consequences, measures to ensure that federal funds do not support racially preferential policies, including through nonprofit organizations, and proposing model discipline policies rooted in American values.”
The White House notes that former President Barack Obama’s administration took action in 2014, encouraging schools to embrace policies that “equalize disciplinary rates by race” instead of merely using a student’s behavior as a basis for discipline.
The second order Trump is expected to sign restricts the usage of disparate-impact liability legal theory, per a White House document.
The order eliminates the use of the legal theory “in various contexts to ensure equal treatment under the law,” according to the White House, which says the theory violates the Constitution.
“Disparate-impact liability is a legal theory holding that differences in outcomes among races, sexes, or similar groups indicate unlawful discrimination, even without discriminatory intent or policies, but the theory violates the Constitution’s guarantee of equal treatment for all by requiring race-oriented policies and practices to rebalance outcomes along racial lines,” the White House document states.
The order rescinds presidential actions that green-lit the use of disparate-impact liability and instructs “all agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability,” per the document.
Moreover, Attorney General Pam Bondi is directed to amend or repeal regulations under Title XI “that contemplate disparate-impact liability,” while the administration will “assess all pending investigations, lawsuits, and consent judgements that rely on a theory of disparate-impact liability.”
The president is scheduled to sign executive orders at 5:00 p.m. E.T.
