Democrats reintroduce bill aimed at curbing school discrimination

House Education and Labor Committee Chairman Robert Scott (D-Va.) and House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) introduced legislation on Tuesday aimed at holding schools accountable for discrimination.

The Equity and Inclusion Enforcement Act would allow families to bring disparate impact claims against schools under Title VI of the Civil Rights Act of 1964.

The House passed the bill by a 232-188 vote in September, though it has a better chance of becoming law now that Democrats have also captured the White House and the Senate, where Republicans may seek to filibuster it.

It would also require schools to designate a person to serve as their Title VI monitor, who would investigate any complaints of discrimination based on race, color or origin.

The legislation would also require the secretary of Education to appoint an assistant secretary to advise the department on matters relating to equity and inclusion consistent with Title VI.

In the 2001 Supreme Court case Alexander v. Sandoval, the court ruled 5-4 that the federal government, but not private citizens, can bring disparate impact claims under Title VI against schools.