For Immediate Release

The National Center for Youth Law fiercely opposes new school discipline guidance issued today by the U.S. Department of Education. The guidance fundamentally mischaracterizes both civil rights law and the reality students face in our nation’s schools. By portraying efforts to address racial disparities in school discipline as “racial balancing,” the Department is attempting to turn a longstanding civil rights obligation into a false choice between equal treatment and safe, supportive schools.

The reality is much simpler: students should never be disciplined differently because of their race, and schools should never ignore discriminatory outcomes simply because a policy is written in so-called race-neutral terms.

For decades, students of color, particularly Black students, have experienced unusually high and disproportionate rates of suspension, expulsion, and other exclusionary discipline practices. Research from the federal government and countless independent sources have established that Black students of all ages — including pre-school students — are more likely than their white counterparts to receive harsher discipline for the same infractions. 

Previous administrations issued guidance to school districts to ensure that all students are protected from discriminatory disciplinary actions. That guidance recognized that where there are significant disparities in discipline rates there may also be evidence that seemingly neutral policies and practices are operating unfairly, that subjective discipline decisions are being applied inconsistently, or that schools are failing to provide students with the supports they need to succeed.

The prior guidance did not restrict schools from taking disciplinary actions when and where they are warranted; it simply reminded schools of their legal obligation to ensure that any policy that discriminatorily impacts certain student populations must be justified and fairly applied. By revoking the previous evidence-based guidance and directing schools to disregard racial disparities as evidence of potential discrimination, the Department is making it easier for discriminatory discipline practices to persist unchecked.

This is especially troubling because discriminatory discipline practices can have profound collateral consequences for students that affect them well into adulthood. Removing students from classrooms deprives them of instructional time, often pushes them further from school, and increases the likelihood of involvement with the criminal legal system. 

Regardless of today’s actions, the law remains unchanged: school districts are still required to ensure that all students are in learning environments that are just and equitable. NCYL will continue to advocate for school discipline policies that keep all students safe and in school, respect young people’s dignity and rights, and ensure that every student has a fair opportunity to learn.

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The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation’s approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves.