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Proposed Rule2026-181272026-09-04

Racial Nondiscrimination in Private Schools

Treasury Department, Internal Revenue Service

Abstract

This document contains proposed regulations that would update existing regulations to provide that a private school is not described as an organization exempt from Federal income tax if it discriminates on the basis of race, color, or national or ethnic origin in administration of its educational, admissions, scholarship, athletic, or other policies, based on the fundamental public policy of the United States against such practices. These proposed regulations would affect private schools in taxable years beginning after May 31, 2027, which is after the final regulations are expected to be published.

Action & Dates

Action
Notice of proposed rulemaking.
Dates
Written or electronic comments and requests for a public hearing must be received by November 3, 2026.

CFR References

Topics

Income taxesReporting and recordkeeping requirements

Public Comment

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of the Treasury Internal Revenue Service 26 CFR Part 1 [REG-119986-25] RIN 1545-BS05 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking. SUMMARY: This document contains proposed regulations that would update existing regulations to provide that a private school is not described as an organization exempt from Federal income tax if it discriminates on the basis of race, color, or national or ethnic origin in administration of its educational, admissions, scholarship, athletic, or other policies, based on the fundamental public policy of the United States against such practices. These proposed regulations would affect private schools in taxable years beginning after May 31, 2027, which is after the final regulations are expected to be published. DATES: Written or electronic comments and requests for a public hearing must be received by November 3, 2026. ADDRESSES: Commenters are strongly encouraged to submit public comments electronically via the Federal ( printed page 56812) eRulemaking Portal at https://www.regulations.gov (indicate IRS and REG-119986-25) by following the online instructions for submitting comments. In accordance with 5 U.S.C. 553(b)(4) , a plain language summary of these proposed regulations is also available on the Federal eRulemaking Portal. Requests for a public hearing must be submitted as prescribed in the “Comments and Requests for a Public Hearing” section. Once submitted to the Federal eRulem

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Full Document

Citation: 91 FR 56811