Reinstating Commonsense School Discipline Policies
1. Purpose
To ensure safety and fairness in American classrooms by prohibiting any discriminatory practices tied to 'equity' ideology in school discipline, thus addressing past guidance that may have unintentionally compromised safety.
2. Key Actions And Directives
- Issue New Guidance on School Discipline: Local educational agencies (LEAs) and state educational agencies (SEAs) must issue new guidance regarding their obligations under Title VI within 30 days.
- Report on Discriminatory Equity Ideology: The Secretary of Education is to submit a report within 120 days detailing the status of discriminatory-equity-ideology-based school discipline practices.
3. Important Points
- Concerns Over Disciplinary Disparities: The original 2014 guidance led to schools potentially ignoring misconduct to avoid perceived racial disparities, thereby compromising student safety.
- Authority in Discipline Decisions: Discipline decisions should be made based on student behavior by educators, rather than influenced by racial statistics, as per the Commission's findings.
- Rescinding Prior Guidance: The 2018 actions rescinded the 2014 guidance, aiming to restore discipline authority to schools without racial considerations.
- Reinforcement of Previous Equity Practices: The reintroduced 2023 guidance from the Department of Education and Justice signals a return to evaluating disciplinary actions based on equity related to race.
- Legal Context of the Order: The order does not create new rights enforceable against the U.S., ensuring that implementations are consistent with existing laws.
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