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By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to ensure safety and order in American classrooms, it is hereby ordered:
Section 1. Purpose and Policy. The Federal Government will no longer
tolerate known risks to children’s safety and well-being in the classroom
that result from the application of school discipline based on
discriminatory and unlawful “equity” ideology.
In January 2014, the Department of Education and the Department of
Justice jointly issued a “Dear Colleague” letter regarding school
discipline. In that letter, the Department of Education and the
Department of Justice explained that schools could be found to violate
Title VI of the Civil Rights Act of 1964 — and therefore could lose
Federal funding — if their disciplinary decisions ran afoul of a newly
imposed disparate-impact framework under which race-neutral disciplinary policies, applied in an even-handed manner, may be improper if members of
any racial groups are suspended, expelled, or referred to law enforcement
at higher rates than others. The letter effectively required schools to discriminate on the basis of race by imposing discipline based on racial characteristics, rather than on objective behavior alone.
The consequences harmed students and schools. A 2018 report from the
Federal Commission on School Safety (Commission) noted evidence that,
because of the 2014 letter, “schools ignored or covered up — rather than disciplined — student misconduct in order to avoid any purported racial disparity in discipline numbers that might catch the eye of the federal government.” As a result, students who should have been suspended or
expelled for dangerous behavior remained in the classroom, making all
students less safe.
As the Commission found: “When school leaders focus on aggregate school discipline numbers rather than the specific circumstances and conduct that underlie each matter, schools become less safe,” and “[r]esearch clearly indicates that the failure of schools to appropriately discipline
disruptive students has consequences for overall student achievement.”
The Commission’s seemingly obvious conclusion was that “disciplinary
decisions are best left in the hands of classroom teachers and
administrators” and should be based on student behavior, rather than
racial statistics.
Following the Commission’s report on December 18, 2018, the 2014 Dear
Colleague letter was rescinded. In 2023, however, the previous administration’s Department of Education and Department of Justice issued
new guidance noting that statistical racial disparities in student
discipline may indicate violations of law, and encouraging schools to
collect, analyze, and adjust their disciplinary policies in light of
racial disciplinary data. The 2023 guidance thus effectively reinstated
the practice of weaponizing Title VI to promote an approach to school discipline based on discriminatory equity ideology. As a consequence of
these policies, teachers and students are suffering increased levels of classroom disorder and school violence.
Sec. 2. Definitions. As used herein:
(a) The definitions in the Executive Order of January 29, 2025 (Ending
Radical Indoctrination in K-12 Schooling), shall apply to this order.
(b) “Behavior Modification Techniques” means any school discipline
policies or practices that incorporate or are based on discriminatory
equity ideology.
Sec. 3. Ensuring Commonsense School Discipline Policies. (a) Within
30 days of the date of this order, the Secretary of Education, in
consultation with the Attorney General, shall issue new guidance to local educational agencies (LEAs) and State educational agencies (SEAs)
regarding school discipline and their obligations not to engage in racial discrimination under Title VI in all contexts, including school
discipline.
(b) The Secretary of Education shall take appropriate action with respect
to LEAs and SEAs that fail to comply with Title VI protections against
racial discrimination in the application of school discipline.
(c) Within 60 days of the date of this order, the Secretary of Education
and the Attorney General shall initiate coordination with Governors and
State Attorneys General regarding the prevention of racial discrimination
in the application of school discipline.
(d) Within 90 days of the date of this order, the Secretary of Defense
shall issue a revised school discipline code that appropriately protects
and enhances the education of the children of America’s military-service families.
(e) Within 120 days of the date of this order, the Secretary of Education shall, in coordination with the Attorney General, the Secretary of Health
and Human Services, and the Secretary of Homeland Security, submit a
report to the President, through the Assistant to the President for
Domestic Policy, regarding the status of discriminatory-equity-ideology-
based school discipline and behavior modification techniques in American
public education . The report shall include:
(i) an inventory and analysis of the nature and consequences
of all Title VI discipline-related investigations since 2009;
(ii) an assessment of the role of non-profit organizations
that are Federal grant recipients in promoting discriminatory-equity- ideology-based discipline and behavior modification techniques, and recommendations to ensure that Federal taxpayer funds do not flow to
programs or activities, including those of non-profit organizations, that promote discriminatory-equity-ideology-based discipline and behavior modification techniques;
(iii) an assessment of discipline-related policies and
curricular options that do not promote discriminatory equity ideology; and
(iv) model school discipline policies that promote common
sense, protect the safety and educational environment of students, do not promote unlawful discrimination, and are rooted in American values and traditional virtues.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management
and Budget relating to budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
April 23, 2025.
https://www.whitehouse.gov/presidential-actions/2025/04/reinstating- common-sense-school-discipline-policies/
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