Harrisburg, PA —The Pennsylvania Human Relations Commission (PHRC) today issued a statement regarding the U.S. Department of Education’s recent decision to rescind its disparate impact rule, a longstanding tool used to help evaluate whether policies or practices in schools result in discriminatory effects.
Disparate impact enables civil rights agencies to challenge policies that may appear neutral but disproportionately impact protected groups, including people of color, immigrant communities, and individuals with limited English proficiency. The removal of these federal safeguards significantly weakens civil rights enforcement, leaving communities more vulnerable to systemic inequities and reducing accountability for institutions that receive federal funding.
According to the U.S. Department of Education’s 2021-2022 Civil Rights Data Collection, Black boys represent 8% of the total K-12 student population but represented 18% of students who received one or more out-of-school suspension, and 22% of students who were expelled. Black students represent 15% of the total K-12 population but made up 33% of students arrested on school-related incidents. This disparity and others like it reflect the critical need for investigations to use disparate impact when evaluating claims of discrimination.
“Our responsibility is to ensure equal educational opportunity for every student,” said PHRC Interim Chair Curtis Jones, Jr. “That means looking not only at intent, but also at outcomes. Students deserve systems that treat them fairly in practice, not just in principle.”
While federal guidance has changed, the PHRC emphasized that its commitment to protecting students from discrimination remains unwavering. Under the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act (PFEOA), it is illegal in the Commonwealth to discriminate on the basis of national origin, ancestry, color, and related traits in employment, housing, public accommodations, education, and commercial property. These state protections remain a critical safeguard for our communities. However, the federal rollback creates legal uncertainty for many institutions, especially those that rely on federal funding.
“Equal access to educational opportunity requires looking beyond intent and examining outcomes,” said PHRC Interim Executive Director Amber J. E. Harris. “Disparate impact analysis helps ensure that policies which appear neutral do not unlawfully create barriers for protected students. Regardless of changes at the federal level, the Pennsylvania Human Relations Commission will continue to enforce Pennsylvania law and evaluate education discrimination complaints using the legal standards established under the Pennsylvania Fair Educational Opportunities Act and the Pennsylvania Human Relations Act.”
The Commission will continue to provide guidance, conduct investigations, and work with schools and communities to ensure compliance with Pennsylvania’s anti‑discrimination laws.
“The U.S. Department of Education’s decision to rescind this rule does not change the needs of our communities,” said PHRC Director of Education Fatim Byrd. “Families facing discrimination deserve comprehensive investigations. We remain fully committed to evaluating the real-world effects of school policies to determine whether they violate state civil rights protections.”
About the PHRC:
The Pennsylvania Human Relations Commission enforces state laws that prohibit discrimination and promote equal opportunity for all people. The PHRC investigates complaints of discrimination in employment, housing, education, and public accommodations. Anyone who has experienced discrimination is urged to file a complaint by calling 717-787-4410. Information and resources are also available on the PHRC website. Follow the PHRC on X, Facebook, Instagram, LinkedIn, and YouTube, and subscribe to our monthly newsletter.
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