An influential parent group is calling for the reversal of a federal education policy they claim harms school safety. This plea addresses a rule that impacts disciplinary measures in schools based on racial disparities.
Just The News reported that Parents Defending Education believes the discipline policy reinstated by the Biden administration is both unlawful and impairs school environments.
The issue centers on the "School Discipline Letter," a directive jointly issued by the U.S. Department of Education and the Department of Justice in May 2023.
Originally established in 2014 during Barack Obama's presidency, the policy had been rescinded under Donald Trump's administration but was revived under President Joe Biden.
This guidance cautions schools that they could lose federal funding if data show that minority students are disciplined more frequently or harshly than their white counterparts, even under a discipline code that does not explicitly consider race. It aims to ensure that punishments in schools are distributed equally across different racial groups.
In their letter to the Department of Education, Parents Defending Education argues that the policy violates Supreme Court precedents. They highlight that disparities in discipline outcomes alone cannot establish a violation of Title VI, as affirmed by the Supreme Court, even if the school's code does not differentiate by race.
"Despite clear Supreme Court precedent holding that disparate impact alone cannot support a Title VI violation, the School Discipline Letter states that racial disparities in school discipline outcomes are prima facie evidence of racial discrimination, even when a school’s disciplinary code is race-neutral,” they wrote.
The group goes further to label the Department's approach as both "unlawful and unconstitutional," criticizing it for undermining teachers' ability to maintain order and ensure safety in their classrooms.
Concerns about the practical implications of this policy are heightened by a surge in violent and disruptive behaviors in U.S. schools. A report covering the 2021–22 school year documented 857,500 violent incidents in public schools
. The trend worsens with the American Psychological Association describing school violence in 2024 as an epidemic, noting an alarming increase in verbal, threatening aggression, and physical violence.
Parents Defending Education contends that the directive from the Education Department encourages schools to "abandon equal-handed policies" in favor of approaches that could exacerbate these issues. They argue that such policies place undue emphasis on statistical parity at the expense of genuine safety and educational quality.
These concerns reflect a broader debate about the balance between ensuring fairness in school discipline and maintaining an environment conducive to learning and safety.
According to the letter, the existing guidance "forces school districts, by the threat of financial pain, to abandon equal-handed policies that promote student safety and preserve an orderly learning environment," thereby harming the educational setting rather than helping it.
In December of the previous year, the Biden administration issued another "Dear Colleague" letter aimed at reinforcing the need for investigating potential violations of this disciplinary rule.
This letter attempted to clarify the government's stance on the importance of addressing disparities in disciplinary actions that might not be justified by differences in student behavior.
"However, research suggests that the substantial racial disparities of the kind reflected in the CRDC data are not explained by more frequent or more serious misbehavior by students of color," the December letter outlined, suggesting that factors other than actual behavior might contribute to the disparities.
The debate over this policy continues as stakeholders in education, law, and civil rights weigh in on its implications for fairness, legality, and the core mission of schools to educate and safeguard students.
The ongoing dialogue underscores the complexities of addressing racial disparities in disciplinary measures while striving to uphold a supportive and safe school environment for all students.