Saturday, March 24, 2018

Better Late Than Never

As we wrote on Feb. 20, the Obama DOE and DOJ coerced schools into not expelling students of color who habitually misbehaved, and not treating them as criminals. This led to the crazy kid shooter at Parkland school being able to pass a background check to buy an assault weapon because he had no police record as such.

The New York Post reports the Trump DOE/DOJ will finally get around to killing the policy this summer, though why it has taken them so long to do so is absolutely unclear and essentially indefensible.
DeVos has met with both critics and supporters of the guidance. She has not said publicly if she will rescind it, other than to say, “We are studying that rule.” But she has rolled back several other Obama regulations and has hired staff lawyers who oppose the lax discipline policy, while cutting $1 million from the budget of the civil-rights office that enforces it.

Federal Education Department officials told the Post the guidance, known as the “2014 Dear Colleague letter,” will be rescinded this year, but only after drafting another rule to replace it. The substitute guidance will make it clear that the government will no longer rely on the disputed legal theory known as “disparate impact,” which Obama investigators used to threaten school districts with discrimination charges.

“Just withdrawing the letter without replacing it with another letter interpreting disparate impact more narrowly would do little” to convince school officials to change their discipline policies back, a senior department official said.
That constitutes a half-assed explanation of the delay, if you're into giving swamp-dwelling bureaucrats the benefit of the doubt.
Which I'm not.