11. Department of Education · Minor
Rescind any Biden guidance or regulation on school discipline
Printed page 335 11. Department of Education
“To the extent that the Biden Administration publishes guidance or promulgates a regulation on this topic, the next Administration should rescind the guidance and commence rulemaking to rescind the regulation.”
What has happened
- Partially done
The guidance half is not. OCR's pupil-discipline Dear Colleague Letter describes the previous administration's 2023 school-discipline letter as one "which is in the process of being formally rescinded" - as of this date it had not been.
- Partially done
The rulemaking half is done. ED's final rule rescinding the disparate-impact provisions of its Title VI regulations at 34 CFR part 100 took effect the day it published, and the companion rule of 2026-07-23 rescinded the 1979 vocational education guidelines that carried the same theory. Both were prompted by Executive Order 14281's policy of eliminating disparate-impact liability "in all contexts".
Research log
What was searched, and what didn’t count as evidence
Research notes
- Executive Order 14280 (2025-04-23) is the directive behind both halves; it recites the 2014 joint ED-DOJ letter and the 2023 guidance by name.
- Negative search: no Federal Register document and no ED press release in the window records the formal rescission of the 2023 Dear Colleague Letter. The Department’s own August 2026 letter is the best available statement of where it stands.
- Action
- rescind
- Object
- Biden Administration school discipline guidance and regulation
- ID
- 846