,,iv #aafth ,,congress #ast ,session ,h4 ,,res4 #ff ,,in ,,the ,,house ,,of ,,representatives ,january #bb1 #bjai,mr4 ,scott of ,virginia 7for himself and ,mr4 ,nadler7 submitted the following resolution2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,,resolution ,expressing the sense of the ,house of ,representatives regarding the obligation of the ,office for ,civil ,rights of the ,department of ,education and the ,civil ,rights ,division of the ,department of ,justice to enforce title ,,vi of the ,civil ,rights ,act of #aifd and its implementing regulations1 and expressing the sense of the ,house of ,representatives regarding the obligation of the ,department of ,housing and ,urban ,development to build inclusive and sustainable communities free from discrimination1 and for other purposes4 ,whereas1 #fd years ago1 in the case of ,brown v4 ,board of ,education of ,topeka1 ,kansas1 a unanimous ,supreme ,court held that segregated school systems based on race are inherently unequal and violate the #adth ,amendment to the ,constitution2 ,whereas ,congress passed the ,civil ,rights ,act of #aifd1 in part1 to address ,massive ,resistance1 a collection of ,state laws passed in response to the ,brown decision that aggressively tried to forestall and prevent school integration1 and the ,declaration of ,constitutional ,principles 7known colloquially as the ,southern ,manifesto7 signed on ,march #ab1 #aief1 by ,members of the ,house of ,representatives and the ,senate1 that attacked the decision and opposed integrated schools2 ,whereas title ,,vi of that law prohibits programs and activities that receive ,federal funds from discriminating based on race1 color1 or national origin2 ,whereas former ,president ,john ,f4 ,kennedy eloquently explained the need for title ,,vi by stating that simple justice requires that public funds1 to which all taxpayers of all races contribute1 not be spent in any fashion which encourages1 entrenches1 subsidizes1 or results in racial discrimination4 ,direct discrimination by ,federal1 ,state1 or local governments is prohibited by the ,constitution4 ,but1 indirect discrimination1 through the use of ,federal funds1 is just as invidious2 and it should not be necessary to resort to the courts to prevent each individual violation42 ,whereas title ,,vi requires policies and practices to be developed and administered in a manner that does not intentionally discriminate against students on the basis of race1 color1 or national origin1 and that does not have the effect of subjecting individuals to discrimination because of their race1 color1 or national origin1 or ''' of defeating or substantially impairing accomplishment of the objectives of the program as respects individuals of a particular race1 color1 or national origin42 ,whereas racial discrimination in the public school systems nationwide continues to persist1 as exemplified by-- 7#a7 a recent appellate court decision holding that a ,white community's attempt to secede from a majority ,black ,alabama school district was racially discriminatory in violation of the ,constitution2 and 7#b7 a recent ,department of ,education ,office for ,civil ,rights resolution of a complaint filed against ,durham ,public ,schools in ,north ,carolina regarding discrimination against ,black students and students with disabilities in the application of school discipline requiring ,durham ,public ,schools to take actions to end discriminatory discipline practices2 ,whereas recent reports by the ,government ,accountability ,office and other national education advocacy organizations detail racial disparities in the ,nation's education systems1 including that-- 7#a7 the percentage of schools that are isolated by poverty and race increased from #i percent during the #bjjj-bjja school year to #af percent during the #bjac-bjad school year2 7#b7 high-poverty schools that are majority ,black and ,latino are less likely to offer a range of math courses1 and such lack of access is linked to lower completion rates for higher level math and science courses in high school1 which are critical components of preparing students for college and careers2 7#c7 only #ab percent of students took ,advanced ,placement courses at high-poverty schools that are majority ,black and ,latino and offer such courses1 compared to #bd percent of all students in low-poverty schools with lower ,black and ,latino enrollment2 7#d7 students of color on average have lower enrollment in prekindergarten programs1 and attend lower quality prekindergarten programs1 than their ,white peers2 7#e7 ,black students are disproportionately excluded from school1 beginning as early as preschool1 and students who are suspended are more likely to fail a grade1 drop out of school1 and become involved in the juvenile justice system2 7#f7 with few exceptions1 ,black students1 boys1 and students with disabilities experience disparities in the administration of school discipline1 regardless of the type of disciplinary action1 poverty level of the school1 or type of public school attended2 and 7#g7 research suggests that implicit biases--stereotypes or unconscious associations that people1 including teachers and other school staff1 hold about other people--are a contributing factor to these discipline disparities because they cause school staff to judge students differently based on their race2 ,whereas disparate impact analysis is an essential tool to combat discrimination across other areas of the ,civil ,rights ,act of #aifd2 ,whereas the ,environmental ,protection ,agency 7,,epa7 has acknowledged that the disproportionate placement of industrial polluters in low-income and minority neighborhoods in ,flint1 ,michigan1 is discriminatory1 and whereas the entirety of the environmental justice movement is premised on a disparate impact analysis2 ,whereas ,federal appellate courts have determined that violations of title ,,viii of the ,civil ,rights ,act of #aifh1 also known as the ,fair ,housing ,act 7,,fha71 may be established through the disparate impact theory of liability2 ,whereas1 in ,texas ,department of ,housing and ,community ,affairs v4 ,inclusive ,communities ,project1 the ,supreme ,court held that disparate impact claims are cognizable under the ,,fha1 with ,justice ,kennedy writing1 ,recognition of disparate-impact claims is also consistent with the central purpose of the ,,fha1 which1 like ,title ,,vii and the ,,adea1 was enacted to eradicate discriminatory practices within a sector of the ,nation's economy4 ,suits targeting unlawful zoning laws and other housing restrictions that unfairly exclude minorities from certain neighborhoods without sufficient justification are at the heartland of disparate-impact liability4 ''' ,recognition of disparate-impact liability under the ,,fha plays an important role in uncovering discriminatory intent3 it permits plaintiffs to counteract unconscious prejudices and disguised animus that escape easy classification as disparate treatment42 ,whereas the ,office for ,civil ,rights of the ,department of ,education and the ,civil ,rights ,division of the ,department of ,justice are charged with enforcing title ,,vi and its regulations1 which prohibit both intentional discrimination and unintentional discrimination resulting from policies and practices that have a discriminatory effect1 or disparate impact1 on students based on race1 color1 or national origin2 ,whereas racial discrimination cases decided under title ,,viii of the ,civil ,rights ,act of #aifh and title ,,vii of the ,civil ,rights ,act of #aifd provide guidance on how to analyze intentional discrimination and unintentional discrimination based upon disparate impact claims brought under title ,,vi2 ,whereas the ,department of ,housing and ,urban ,development's ,office of ,fair ,housing and ,equal ,opportunity is charged with administration of the ,,fha1 and has promulgated rules to clarify the application of disparate impact to ,,fha cases2 ,whereas the ,,epa's ,external ,civil ,rights ,compliance ,office 7,,ecrco7 7formerly ,office of ,civil ,rights 7,,ocr771 within the ,office of ,general ,counsel1 is charged with enforcing civil rights under title ,,vi and since #aigc has prohibited recipients of ,,epa financial assistance from taking actions in their programs or activities that are intentionally discriminatory and_/or have a discriminatory effect2 ,whereas the ,department of ,transportation's ,office of ,civil ,rights is responsible for ensuring that recipients of ,federal funds from that agency conduct their federally assisted programs and activities in a nondiscriminatory manner in compliance with title ,,vi2 ,whereas the ,office for ,civil ,rights for the ,office of ,justice ,programs 7,,ojp7 of the ,department of ,justice 7,,doj7 ensures that recipients of financial assistance from ,,ojp comply with ,federal antidiscrimination laws1 including title ,,vi2 ,whereas a ,,doj memo was recently leaked to the ,washington ,post in which senior ,civil ,rights ,division officials were directed to examine how decades-old disparate impact regulations might be changed or removed ''' and what the impact might be2 ,whereas the ,washington ,post reports that similar directives to eliminate regulations using disparate impact analysis are being considered at the ,department of ,education and are already underway at the ,department of ,housing and ,urban ,development2 ,whereas ,federal agencies under both ,democratic and ,republican administrations have a history of bringing title ,,vi disparate impact claims2 and ,whereas the ,supreme ,court's decision in ,alexander v4 ,sandoval overturned four decades of statutory protections against discrimination by eliminating an implied private right of action under title ,,vi to challenge disparate impact1 leaving ,federal agencies as the only entities that can bring disparate impact claims3 ,now1 therefore1 be it ,that the ,house of ,representatives-- 7#a7 reaffirms that the original intent of the ,civil ,rights ,act of #aifd was to broadly prohibit all forms of discrimination by providing for both the ,federal ,government and private attorneys general to bring cases under causes of action to enforce against both disparate treatment and disparate impact2 7#b7 reaffirms its commitment to ensuring that the elementary1 secondary1 and college educational systems of the ,united ,states prepare all students for successful careers1 regardless of their race1 color1 or national origin2 7#c7 reaffirms its commitment to ensuring that all communities are inclusive1 sustainable1 and free from discrimination2 7#d7 recognizes that the ,office for ,civil ,rights of the ,department of ,education1 the ,civil ,rights ,division and ,office of ,justice ,programs of the ,department of ,justice1 the ,department of ,housing and ,urban ,development1 the ,environmental ,protection ,agency1 and other ,federal agencies have an obligation to enforce title ,,vi of the ,civil ,rights ,act of #aifd and its implementing regulations2 7#e7 expects the ,department of ,education1 the ,department of ,justice1 and other ,federal agencies to enforce title ,,vi of the ,civil ,rights ,act of #aifd and its implementing regulations1 as they have done in the past under ,democratic and ,republican administrations1 using all legal theories including disparate treatment and disparate impact1 given the growing evidence that racial discrimination in education1 housing1 and other aspects of public life continue to adversely impact individuals and communities2 7#f7 will hold oversight hearings to ensure that the ,department of ,education1 the ,department of ,justice1 the ,department of ,housing and ,urban ,development1 the ,environmental ,protection ,agency1 and other ,federal agencies enforce title ,,vi of the ,civil ,rights ,act of #aifd and its implementing regulations1 including enforcement with respect to unintentional discrimination resulting from policies and practices that have a discriminatory effect1 or disparate impact1 on individuals and communities based on race1 color1 or national origin2 and 7#g7 will consider legislation that acknowledges and reaffirms the original intent of the ,civil ,rights ,act of #aifd and the original intent to prohibit all forms of discrimination and discriminatory effects1 including ,h4,r4 #bdhf 7#aaeth ,congress71 the ,equity and ,inclusion ,enforcement ,act1 a bill that restores the title ,,vi private right of action in cases involving disparate impact1 creates title ,,vi monitors to ensure that every school has at least one employee responsible for investigating any complaints of discrimination based on race1 color1 or national origin1 and creates a position of ,assistant ,secretary in the ,department of ,education to coordinate and promote title ,,vi enforcement of equity and inclusion in education4