US tells schools not to alter discipline policies to reduce racial disparities

This guidance follows the department's recent decision to remove several 'disparate impact' regulations, which for decades had prohibited policies and practices that, while potentially unintended, had discriminatory effects. Federal civil rights data has consistently shown that Black students face disproportionately high rates of discipline. A 2023 report indicated that Black public preschool children were suspended out-of-school at nearly twice the rate of their enrollment. The same report found that in K-12 public schools, Black boys were nearly twice as likely as white boys to receive an out-of-school suspension or expulsion, and Black girls were nearly twice as likely as white girls to receive in-school suspensions, out-of-school suspensions, and expulsions.

President Donald Trump has previously taken action against diversity initiatives, characterizing them as discriminatory against white people and males. Civil rights advocates argue that these actions by the Trump administration are rolling back social progress by eliminating practices designed to assist marginalized groups. Eric Duncan, director of P-12 policy at the education equity advocacy group EdTrust, criticized the new guidance, stating, "You cannot address racial disparities in school discipline by telling schools to ignore race." He emphasized that Black students have historically faced the harshest discipline in the nation's schools.