The Legal Defense Fund, however, argues that rescinding the provision will “clear the way for discrimination that too often deprives students of equal educational opportunity based on race, color, and national origin.” In direct opposition to the Department of Education’s position, the Legal Defense Fund argues that discrimination is not always explicit or intentional and can be difficult to detect without enforcement tools designed to identify discriminatory outcomes. According to the Legal Defense Fund, the disparate-impact tool is intended to eliminate unjustified barriers and ensure equal opportunities for students to learn and succeed. Additionally, Hamida Labi, senior policy counsel at the NAACP Legal Defense Fund, argued that although “schoolhouse doors in 2026 don’t have signs on [them] that say, ‘whites only,’ … discrimination is still very prevalent. The Legal Defense Fund concluded its statement by urging the Department of Education to reinstate the provisions designed to prevent and directly address discrimination in the nation’s schools.