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house Bill H.R. 2574

Should Families Be Able to Sue Federally-Funded Schools For Policies That Have a Disparate Impact on Students of Color?

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

Brian's Opinion
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09/16/2020
If schools and governments fail to provide equitable education for all children, then yes, they should be held accountable. I think lawsuits seem appropriate, but really the states should be the ones getting sued. All states should be forced to provide equitable funding and programs to all school-aged children, not just those in higher-income neighborhoods. This seems like a good start, and maybe schools will learn after they've been sued.
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DRothschild's Opinion
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09/16/2020
People who are likeliest to experience discrimination and an unlevel playing field should have some legal recourse. I encourage my legislators to vote yes on this bill.
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Larry's Opinion
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09/16/2020
Let's not limit it to any particular area. Schools should be held accountable to the taxpayers on everything they do.
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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.

James's Opinion
···
09/16/2020
This could be aimed at the Military Service Academies as that is what came to my mind first! The Service Academies traditionally accept the best if the best! That means going to accredited schools from 1st grade to Senior year in High School and having an absolute straight A 4.0 average All The Way! You also have to test in to the academy if you want to apply or are given an appointment by a Senator or Congressman! You still have to take the entrance exam! As for other directly funded federal academies? And I’m talking Federal academies as all colleges get federal funding! Only the best if the best should be accepted! We are not going to this color counting any more! Either that kid cuts the mustard through hard work or say Bye!
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J's Opinion
···
09/16/2020
Can all families then sue for the schools disparate impact upon all other races as well as a result of their discriminatory affirmative action policies? If no, then certainly this policy initiative itself has disparate impact. Who comes up with these stupid policy injustices? Those who intend to perpetuate racism and division, not eliminate it. People need to seriously wake up and realize this. If you support this policy initiative, you support racism.
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Sneaky-Pete's Opinion
···
09/17/2020
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.
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What is House Bill H.R. 2574?

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.

Impact

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

Cost of House Bill H.R. 2574

$1.00 Million
The CBO estimates that enacting this bill would cost about $1 million to implement over the 2020-2025 period.

More Information

In-DepthHouse 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:

Summary by Eric Revell

(Photo Credit: flickingerbrad via Flickr / Creative Commons)

AKA

Equity and Inclusion Enforcement Act of 2019

Official Title

To amend title VI of the Civil Rights Act of 1964 to restore the right to individual civil actions in cases involving disparate impact, and for other purposes.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house Passed September 16th, 2020
    Roll Call Vote 232 Yea / 188 Nay
    IntroducedMay 8th, 2019

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    If schools and governments fail to provide equitable education for all children, then yes, they should be held accountable. I think lawsuits seem appropriate, but really the states should be the ones getting sued. All states should be forced to provide equitable funding and programs to all school-aged children, not just those in higher-income neighborhoods. This seems like a good start, and maybe schools will learn after they've been sued.
    Like (30)
    Follow
    Share
    Can all families then sue for the schools disparate impact upon all other races as well as a result of their discriminatory affirmative action policies? If no, then certainly this policy initiative itself has disparate impact. Who comes up with these stupid policy injustices? Those who intend to perpetuate racism and division, not eliminate it. People need to seriously wake up and realize this. If you support this policy initiative, you support racism.
    Like (12)
    Follow
    Share
    This bill needs more specifics about what constitutes discrimination in the schools that schools can be sued or it will encourage a flood of suits that will overwhelm the courts. For example comparing 2 schools in one district with divergent outcomes because one school is performing differently than another due to less staffing, less computer classes, less enrichment classes, less tutoring, etc. In addition any penalties should be used to change the school and not as a windfall to individuals.
    Like (18)
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    People who are likeliest to experience discrimination and an unlevel playing field should have some legal recourse. I encourage my legislators to vote yes on this bill.
    Like (13)
    Follow
    Share
    This could be aimed at the Military Service Academies as that is what came to my mind first! The Service Academies traditionally accept the best if the best! That means going to accredited schools from 1st grade to Senior year in High School and having an absolute straight A 4.0 average All The Way! You also have to test in to the academy if you want to apply or are given an appointment by a Senator or Congressman! You still have to take the entrance exam! As for other directly funded federal academies? And I’m talking Federal academies as all colleges get federal funding! Only the best if the best should be accepted! We are not going to this color counting any more! Either that kid cuts the mustard through hard work or say Bye!
    Like (12)
    Follow
    Share
    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.
    Like (11)
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    Federally funded schools are the most inclusive schools known in this country. You Libtwits are only proving that your SJW politics have nothing to do with truth and justice. For you, it's only about money. The fact that the Black, Hispanic and Asian communities blindly follow the Hateful Racist Demoncrats like rats following the Pied Piper is just sickening. I mean, for Pete's Sake, the Democrats wore Kente Scarves in their "Kneel For Solidarity" photo op. How much more blatant of a statement do you need? Look up the history of the Kente Scarf and who wore it.
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    Definitely not!
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    Let's not limit it to any particular area. Schools should be held accountable to the taxpayers on everything they do.
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    Edit: Racist dems calling them 'children of color' implies that white children are the norm, and everyone else is lumped into one category... the abnormal... What is the matter with you?! Stop this racist rhetoric... stop acting like you care about anything but getting your power back from Republicans. Stop sending out these awful bills as fake lip service while dividing us by the color of our skin! You blame Trump for division, while using these racist labels... you divide us. Trump fosters peace around the world while you pieces of shit incite war in America. Well, I'm prepared for your war, and I hope you are too. Send this bill to the west coast and toss it into a fire, along with the racist idiots that wrote it
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    Justice is colorblind. Anyone should be able to sue any entity for disparate actions and color should NOT be a determining factor.
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    The law is in itself discriminatory since it uses race as the factor of determination. This is not always the case. Why are you a racist?
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    Another reaon to end all Federal Funding to Schools at every level.Free America. Free Parents, and local school boards to teach their own children as they think best.
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    I absolutely do not agree or accept discrimination for any color, gender, race and etc. However, under the current climate approval of this legislation will open a flood gates creating judicial and taxpayer nightmare determining those claims that are legitimate and those that just want to make noise. This is costly and dangerous legislation...and may do more harm than good for the majority of minority students and their families.
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    I think folks have just gone bat s... crazy. Interesting how NOW at election race matters - where the hell have folks been? It's the policies that have created this mess - and teachers can't teach as it is....dealing with discipline.
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    That pelosi woman is a terriost
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    No. Trying too hard
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    I'd really rather they be able to sue Betsy DeVos for all the horrible things she's done to our public school systems. She never should've been given the job, but then again, she's a rich white woman that has bowed down and kissed the moron in the White House's ass and pledged her loyalty to him as well. It's scum like DeVos and this entire administration that we need to remove from office now. Here's to getting rid of all of them on Nov. 3rd..
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    Nothing has a disparate effect on people of color unless those people behave differently than others.
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    Who other than the vast administrative bureaucracy benefits from the diminishment of education and what will replace it?
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