«Racial discrimination in our nation's educational systems persists and both the Departments of Education and Justice are failing to protect the civil rights and educational future of our Black and brown students,» said Todd A. Cox, director of policy at the NAACP Legal Defense and Educational Fund, Inc. «This administration must stop endangering students of color and instead ensure equal educational opportunities and foster educational excellence by upholding
the federal school discipline guidance and promoting policies and programs that keep students safe.»
As news reports indicate that officials in the Department of Education are considering rescinding the guidance, we urge members and allies to tell the Department of Education to keep the important 2014
federal school discipline guidance in place.
We're asking parents, students, and other community advocates to join us in the fight to maintain
the federal school discipline guidance, which is a critical tool that can help schools and districts reduce the use of practices that push students out of school (e.g. suspensions and expulsions) and prevent them from disciplining in ways that discriminate against students of color.
For example,
the federal school discipline guidance jointly released by the U.S. departments of Education and Justice in January 2014 not only mentions implicit bias as a factor that may affect the administration of school discipline, it also encourages school personnel to receive implicit bias training.
Not exact matches
Withdrawing that
guidance could slow the pace of change in the area of
school discipline, but it would only do so if districts decide to change their approach as the pressure from the
federal government recedes.
As much as empirical challenges may seem to render this debate theoretical, it is a critical one for policy: the authority to issue
federal guidance to
schools on
discipline disparities comes directly from administrative authority to enforce the Civil Rights Act, which requires either different treatment or disparate intent.
If the Obama Administration's 2014 «Dear Colleague» letter on
school discipline had been just another one of the zillion «
guidance» documents sent by
federal agencies to
school systems every year, it would not deserve much concern.
Unfortunately, issues as complicated as teacher evaluation and college costs — let alone
school discipline and campus sexual assault — can not simply be ironed out with mandates,
federal «
guidance,» and more money.
The op - ed decried what it called «relaxed»
discipline that has resulted from the
federal guidance and claimed that
schools are causing harm to «good» kids when suspensions and expulsions are reduced.
In print, quotes to the press, and social media, Petrilli has expressed doubt over the extent of racial bias in
discipline and has argued for the removal of
federal discipline guidance, maintaining that it makes
schools and students less safe.
Federal guidance remains essential for holding our
school systems accountable at the local level and for keeping this issue at the center of the national dialogue so that we can bring an end to racial and
discipline disparities and support all students to succeed in communities across our nation.
Twenty - three major organizations from across the country also signed a letter sent to Secretary DeVos, in which they stressed: «This
federal guidance remains essential for holding our
school systems accountable at the local level and for keeping this issue at the center of the national dialogue so that communities can work together to create solutions that bring an end to racial and
discipline disparities and provide support so that all students can succeed in our nation.»
He rescinded
federal guidance on the rights of LGBTQ students and on discrimination in
school discipline.
Yesterday, I met with Secretary of Education Betsy DeVos to defend
federal guidance that supports
schools to tackle
discipline without discriminating.
That 2014 civil rights
guidance — jointly issued by the U.S. Departments of Education and Justice — put
schools on notice that they may be found in violation of
federal civil rights laws if they enforce intentially discriminatory rules or if their policies lead to disproportionately higher rates of
discipline for students in one racial group, even if those policies were written without discriminatory intent.
The
guidance told
school districts that
discipline policies could be found in violation of
federal civil rights law based on discriminatory effects, even if the policies are neutral on their face.
Spurred by the data, the
federal Departments of Education and Justice issued legal
guidance in January to every
school district in the country, reminding them that disparities in
discipline can violate
federal civil rights laws.
A
school discipline guidance package is now available to help districts and
schools that enhance
school climate and ensure that their
discipline policies and practices are nondiscriminatory and comply with
federal law.
The
guidance — jointly released by the U.S. attorney general and the secretary of education on January 8 — includes specific examples that demonstrate how
schools can administer student
discipline without discrimination, guiding principles that detail
discipline best practices, information about
federal school discipline and climate technical assistance, and an online catalog of
school discipline laws and regulations for each of the 50 states.
The four - year - old
guidance, a keystone of
federal efforts to spur
school discipline reform, has long been the bete noir of so - called conservative reformers everywhere.
On Tuesday, March 3, Engaging
Schools Executive Director Larry Dieringer played a key role in «From the Police Precinct to the Principal's Office: The Challenges Facing
School Districts One Year After the Release of Federal School Discipline Guidance,» a Congressional briefing that explored changes underway and challenges remaining more than a year after the U.S. Departments of Education and Justice released guidance to help school districts develop discipline policies that keep students in school, eliminate racial disparities, and increase positive behavioral sup
School Districts One Year After the Release of
Federal School Discipline Guidance,» a Congressional briefing that explored changes underway and challenges remaining more than a year after the U.S. Departments of Education and Justice released guidance to help school districts develop discipline policies that keep students in school, eliminate racial disparities, and increase positive behavioral sup
School Discipline Guidance,» a Congressional briefing that explored changes underway and challenges remaining more than a year after the U.S. Departments of Education and Justice released
guidance to help
school districts develop discipline policies that keep students in school, eliminate racial disparities, and increase positive behavioral sup
school districts develop
discipline policies that keep students in
school, eliminate racial disparities, and increase positive behavioral sup
school, eliminate racial disparities, and increase positive behavioral supports.
With this in mind, it is also worth remembering that President Trump recently designated Betsy DeVos as the leader of a new
Federal Commission on
School Safety that is charged, in part, with examining the repeal of the Obama administration's guidance on anti-discriminatory school discipline prac
School Safety that is charged, in part, with examining the repeal of the Obama administration's
guidance on anti-discriminatory
school discipline prac
school discipline practices.
In the Appendix to this
guidance, the Departments have provided a set of recommendations to assist
schools in developing and implementing student
discipline policies and practices equitably and in a manner consistent with their
Federal civil rights obligations.
At a meeting held at the Department of Education (ED) in Washington today, conservative groups, parents and some teachers asked the Department to rescind
federal guidance issued under the Obama administration, ensuring that
school districts aren't discriminating against students through their
discipline policies and practice.
That
federal guidance helps teachers and
schools reduce exclusionary
discipline like suspensions and encourages proactive approaches to address the causes of misbehavior and hold students accountable in the inevitable cases when students make the wrong choices, known as restorative practices.
The U.S. Department of Education and the U.S. Department of Justice (Departments) are issuing this
guidance to assist public elementary and secondary
schools in meeting their obligations under
Federal law to administer student
discipline without discriminating on the basis of race, color, or national origin.
In January 2014, the U.S. Department of Justice Civil Rights Division and the U.S. Department of Education Office for Civil Rights issued a joint
federal guidance stating that
school discipline was discriminatory based on race and ethnicity and that exclusionary
discipline «creates the potential for significant, negative educational and long - term outcomes, and can contribute to what has been termed the «
school to prison pipeline»» (Joint «Dear Colleague Letter», 2014).
But Education Secretary Betsy DeVos has put
school discipline back on the table by telling reporters she is «looking closely» at whether to change the 2014
federal guidance, which some conservative critics have blamed for sowing «classroom chaos.»