US Education Department tells schools not to alter discipline policies to reduce racial disparities
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The U.S. Education Department issued guidance on Aug. 19 telling schools they cannot modify student discipline policies for the purpose of reducing racial disparities, a practice it labels 'racial balancing.' The move follows last month's removal of 'disparate impact' rules and drew criticism from EdTrust, which said Black students have long faced the harshest discipline. Federal data show Black preschool children received out-of-school suspensions at nearly twice their enrollment.
Key Facts
- The U.S. Education Department issued guidance on Aug. 19 stating that a school's decision to change discipline policies to avoid or reduce racial disparities constitutes race discrimination.
- The department's Office for Civil Rights said schools must ensure students are not treated differently because of race and that 'racial balancing' constitutes discrimination.
- A 2023 Education Department report found Black public preschool children received out-of-school suspensions at nearly twice their enrollment rate.
- Last month the department removed several 'disparate impact' regulations that had prohibited policies and practices with discriminatory effects for decades.
- Eric Duncan, EdTrust's director of P-12 policy, said Black students have long faced some of the harshest discipline in the nation's schools.
The Guidance
The Education Department's Office for Civil Rights sent a letter stating that a school's decision 'to change its discipline policies with the purpose of avoiding or reducing racial disparities constitutes race discrimination.' The letter said schools must ensure students are not treated differently because of race and that 'racial balancing' constitutes discrimination. The guidance follows the department's decision last month to remove several 'disparate impact' regulations that for decades prohibited policies and practices with discriminatory effects that are often unintended. President Donald Trump has acted against diversity initiatives, which he calls discriminatory against white people and males.
Federal Discipline Data
An Education Department report released in 2023 found Black public preschool children received out-of-school suspensions at a rate nearly twice their enrollment. The same report showed Black boys were nearly twice as likely as white boys to receive an out-of-school suspension or expulsion in K-12 public schools. Black girls were nearly twice as likely as white girls to receive one or more in-school suspensions, one or more out-of-school suspensions, and expulsions. Federal civil rights data has shown Black students are disciplined at disproportionately high rates.
Advocacy Response
Eric Duncan, EdTrust's director of P-12 policy, criticized the guidance, saying 'You cannot address racial disparities in school discipline by telling schools to ignore race.' Duncan added that 'Black students have long faced some of the harshest discipline in our nation's schools.' Civil rights advocates say Trump's actions are rolling back social progress by removing practices aimed at helping marginalized groups. The guidance prompted concerns that the Trump administration is making it harder to address longstanding racial disparities in school discipline.
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US Education Department tells schools not to alter discipline policies to reduce racial disparities
