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.
While Maling is not controlling outside of Massachusetts, it is one of the first cases to address this issue
directly and provides
much - needed
guidance for practitioners in other jurisdictions facing similar challenges.