Sentences with phrase «disparate impact analysis»

Under this «disparate impact analysis,» once federal officials determine that the distribution of any resource disadvantages a protected minority, schools must not only «demonstrate that the policy or practice is necessary to meet an important educational goal,» but also show that there is no «comparably effective alternative policy or practice that would meet the school district's stated educational goal with less of a discriminatory effect.»

Remember that under OCR's disparate impact analysis any disparity in resources must be justified by an «important educational goal.»

The Court refused to enforce Department of Justice rules incorporating the very sort of disparate impact analysis employed here by the Department of Education's Office for Civil Rights.

Justice Kennedy's majority opinion in the Inclusive Communities case endorses a limited, deferential understanding of disparate impact analysis, one that bears little resemblance to the demanding test created by the equity DCL.

Dunn argues that the Office of Civil Rights in the U.S. Department of Education has been using «disparate impact analysis» to issue profoundly misguided policies on school discipline and school finance.

To make matters worse for OCR, Justice Anthony Kennedy's majority opinion endorses a limited, deferential understanding of disparate impact analysis, one that bears little resemblance to the demanding test created by the equity DCL.

In excruciating detail, Rebell and Block show how OCR's effort to apply disparate impact analysis to schools in New York and four other large cities produced an «eclectic package of standards and methods» that «did not prove viable in practice.»

Spotting a possible loophole in the Court's rejection of disparate impact analysis, OCR tries to drive its entire regulatory enterprise through it.

And it makes a mockery of disparate impact analysis.

Here's an example of how the disparate impact analysis might actually play out.

Petrilli's misunderstanding of the law likely explains why his analysis overlooks the central question that disparate impact analysis seeks to answer.

Melnick examines the way in which an investigation based on a racially disparate impact analysis in a large school system would play out in practice.

The pernicious use of disparate impact analysis has not been confined to OCR.

Then last fall OCR decided to wade into school finance under the banner of disparate impact analysis.

Should the Supreme Court rule that disparate impact analysis violates the Equal Protection clause, OCR's attempts to micromanage school discipline and finance should come to a quick close.

While the Court's decision does try to limit the indiscriminate use of disparate impact analysis, those who abuse it to reshape education policy will interpret the ruling as a green light to carry on.

Using disparate impact analysis it issued profoundly misguided policies on school discipline.

But the pernicious use of disparate impact analysis has not been confined to OCR.

Not exact matches

But I don't have much patience for disparate - impact analysis or for the effort to enlist the feds to force New York to stop doing something that the state legislature required it to do and that the city's mayor, who runs the schools, believes is fair.

The NAACP's civil - rights complaint is based on what's known nowadays as «disparate - impact analysis,» which is to say that if a seemingly objective and even - handed procedure yields a result that is not equitably distributed by race (or gender, handicapping condition, whatever), it is presumed to be discriminatory on grounds forbidden under sundry civil - rights laws and constitutional provisions.

However, a full cost - benefit analysis would need to account for not only the labor - market consequences but also the disparate impacts on various ethnic and socioeconomic groups and other social losses that might accompany increased dropout rates.

The sad truth is that this muddled analysis of zero tolerance and disparate impact is likely to reverse the hard - earned gains of earlier years.

Ultimately, the impact of Trump's positions on the public's opinion was basically nil when these disparate reactions were taken into account, according to a poll analysis by Samuel Barrows, Michael B. Henderson, Paul G. Peterson, and Martin R. West for Education Next.

(Los Angeles, CA) Today, the Center for Civil Rights Remedies at the Civil Rights Project / Proyecto Derechos Civiles issued «Opportunities Suspended: The Disparate Impact of Disciplinary Exclusion From School,» a nationwide report based on an analysis of Federal government suspension - related data from the 2009 - 10 school year for grades K - 12.

The group in a letter to the Consumer Financial Protection Bureau asks it to address its alleged bias and error in an analysis it uses to determine whether disparate impact, or unintentional discrimination, exists in a lender's portfolio.

Pending a much more convincing analysis of employers» employment practices and outcomes, the EEOC will be on the defensive with new disparate impact claims.

Further, in describing flaws in the data the EEOC's expert Kevin Murphy relied upon to support the disparate impact claim, the Judge labeled these reports as 1) «laughable»; 2) «based on unreliable data»; 3) «rife with analytical error»; 4) containing «a plethora of errors and analytical fallacies,» and a «mind - boggling number of errors»; 5) «completely unreliable»; 6) «so full of material flaws that any evidence of disparate impact derived from an analysis of its contents must necessarily be disregarded»; 7) «distorted»; 8) «both over and under inclusive»; 9) «cherry - picked»; 10) «worthless»; and 11) «an egregious example of scientific dishonesty.»