Trump cutbacks and policies: stripping minority student protections

Trump cutbacks and policies: stripping minority student protections

Author: Ethical Schools February 16, 2026 Duration: 41:18

We speak with Derek Black, Constitutional law professor at the University of South Carolina School of Law, about the impact of Trump administration’s policies on students’ civil rights. Department of Education offices meant to ensure students are not subject to discrimination have been decimated. The Department of Justice has switched from protecting minority students' rights to focusing on so-called “discrimination" against whites and attacking transgender students. Professor Black also says the need for "circuit breakers" on executive power transcends this administration.

Overview

00:00-00:52 Intros

00:52:02:21 Threats to students’ protection from discrimination

02:21-03:53 Status of complaints to Department of Education’s Office of Civil Rights (OCR)

03:53-05:30 Importance of access to OCR without an attorney

05:30-10:09 OCR procedures and remedies

10:09-13:55 Role Department of Justice is supposed to have in protecting students against discrimination; Trump Administration priorities

13:55-17:01 How the Administration’s approach is schizophrenic

17:01-23:10 Ethical quandaries facing district administrators

23:10-24:43 Supplementing not supplanting: What happens when the Department of Education is no longer monitoring

24:43-27:21 The uncertainty factor—who gets focused on

27:21-30:36 State Departments of Education: How they fit in

30:36-34:11 Theatrics at US Department of Education

34:11-38:00 Problems before the Trump Administration and what would be important afterwards

38:00-40:11 Some specifics of “circuit breakers” that could reduce executive power

40:11- Outro

Transcript

Click here to see the full transcription of this episode.

References

 

Our first interview with Derek Black happened in 2021. Click here to listen to "The attack on public education: Will public schools survive?"

 

Soundtrack by Poddington Bear


Conversations about education often focus on test scores and curriculum, but there’s a deeper layer that truly shapes a student’s experience. Ethical Schools digs into that layer, exploring what it means to build a learning community grounded in integrity and care. Each week, hosts Amy and Jon sit down with educators and innovators who are actively reimagining schools. You’ll hear specific, grounded discussions about the practical work of creating environments where every student feels safe and respected. The dialogue frequently addresses how to support young people dealing with trauma, moving beyond theory to share actionable strategies that teachers are using right now. More than just problem-solving, this podcast highlights how to empower students themselves to become advocates and changemakers in their own communities. It’s a series that connects philosophy with daily practice, looking at the social and cultural structures within schools through a lens of ethics. For anyone invested in the future of education-whether you’re a teacher, administrator, or simply a concerned community member-this podcast offers a thoughtful and necessary perspective on the foundational values that make education meaningful.
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