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1 1 (February 4, 2019)

handle is hein.crs/govyke0001 and id is 1 raw text is: Congressional *.Research Service Is the Trump Administration Rethinking Title VI? February 4, 2019 Late last year, the Trump Administration's Federal Commission on School Safety (the Commission) wrapped up work on its final report, outlining its proposals to help prevent tragedies like last year's mass shooting in Parkland, FL, that prompted the Commission's formation. By and large the report sounded familiar themes-seeking ways to prevent school violence, protect schools and mitigate threats of harm, and better respond to violence when it does occur. Among its nineteen more specific proposals, however, was one that has drawn a more divided reaction-a recommendation urging the Departments of Education (ED) and Justice (DOJ) to withdraw a slate of Obama Administration guidance documents addressing racial disparities in the administration of school discipline. And both ED and DOJ have since delivered on that proposal, having officially rescinded their earlier school-discipline guidance in late December 2018. Though focused squarely on school discipline, the Commission's proposal appears to be of a piece with a larger policy agenda currently underway at ED and DOJ, which has already seen the rescission of several significant civil rights guidance documents originating with the previous administration. But the legal analysis informing the Commission's school-discipline proposal may signal a still larger shift in how the Trump Administration plans to enforce a key provision of federal civil rights law: Title VI of the Civil Rights Act of 1964 (Title VI), which forbids programs that receive federal money from discriminating based on race, ethnicity, or national origin. Recent reports suggest that just such a rethinking of Title VI may be in the works. This Sidebar unpacks the legal considerations that may be informing the Trump Administration's recent actions, explaining why ED and DOJ found the Obama Administration's school-discipline guidance incompatible with Title VI, and what that view might say about how the Trump Administration will seek to enforce Title VI both within and beyond the classroom. The Rethinking School Discipline Guidance The School Safety Commission-comprised of the department heads of ED, DOJ, Health and Human Services, and Homeland Security-received a broad brief, tasking it with proposing best practices to keep students safe. As a part of that mandate the Commission therefore decided to revisit one key policy for ensuring school safety: how teachers identify and address disorderly conduct at school. The Congressional Research Service https://crsreports.congress.gov LSB10254 CRS Legal Sidebar Prepared for Members and Committees of Congress

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