Should Families Be Able to Sue Federally-Funded Schools For Policies That Have a Disparate Impact on Students of Color? (H.R. 2574)

What is H.R. 2574?

(Updated January 30, 2022)

This bill — known as the Equity and Inclusion Enforcement Act — would allow for private civil causes of action for disparate impact violations of generally applicable federal regulations that prohibit discrimination on the basis of race, color, or national origin in educational programs or activities that receive federal financial assistance. Under current Supreme Court precedent based on a 2001 decision, victims of civil rights violations are prohibited from bringing a private right of action against a federally-funded entity if the violation was based on the theory of disparate impact, under which certain racial groups experience discriminatory effects from a policy that appears neutral.

Education programs that receive financial assistance authorized or extended by the Dept. of Education (ED) would be required to designate at least one compliance coordinator to carry out nondiscrimination responsibilities and investigate complaints. The bill would require ED to appoint a Special Assistant for Equity and Inclusion to promote, coordinate, and evaluate equity and inclusion programs; and also advise ED on matters related to equity and inclusion.

Argument in favor

Schools across the country are becoming less diverse, and this bill would reverse that trend by allowing students and families of color to sue schools and educational programs for policies that have a disparate impact against members of a racial group

Argument opposed

This partisan, ideological bill has no chance of becoming law and would increase educational inequality if it were enacted. The bill would ultimately enrich trial lawyers and other special interests at the expense of students, schools, and taxpayers.

Impact

Students and families who would sue alleging disparate impact; schools and school districts; and courts.

Cost of H.R. 2574

The CBO estimates that enacting this bill would cost about $1 million to implement over the 2020-2025 period.

Additional Info

In-Depth: House Education and Labor Committee Chairman Bobby Scott (D-VA) introduced this bill to promote diversity and protect students’ civil rights from discrimination:

“The legacy of systemic inequality and racial segregation continues to deny millions of children the opportunity to reach their full potential. Instead of confronting this injustice, the federal government has continually retreated from its role in promoting school diversity, erasing decades of progress towards educational equity.”

The White House released a statement of administration policy threatening to veto this legislation if it were to reach President Donald Trump's desk, which read in part:

“The Administration strongly opposes passage of H.R. 2574. This Administration believes that every student should have equal access to a high-quality education, and the Department of Education will continue to enforce Title VI of the Civil Rights Act of 1964 (Title VI) faithfully and vigorously. This bill, however, fails to advance equality in education, while expanding bureaucracy, encouraging burdensome litigation, and imposing costs on recipients of Federal financial assistance. H.R. 2574 seeks to validate and expand the divisive regulatory agenda of the previous administration — advancing an ideological mission and enriching favored special interests like trial lawyers at the expense of students, educators, and taxpayers.”

This legislation passed the House Education and Labor Committee on a party-line vote of 26-20, and has the support of 16 Democratic cosponsors.

Media:

• House Education and Labor Committee Democrats Press Release
  
• House Education and Labor Committee Report
  
• CBO Cost Estimate
  
• Education Weekly
  
• White House Statement of Administration Policy (Opposed)