The U.S. Department of Education is investigating Fayetteville Public Schools in Arkansas. The investigation focuses on whether racial identities were considered in student discipline, aiming to promote restorative justice for students of color.
District Reaction
Superintendent John Mulford expressed surprise at the investigation, noting the district received notice two hours before the public announcement. Mulford stated they aim for consistent discipline policies aligning with federal civil rights law. He seeks clarity from the department regarding the investigation.
Guidance from the Education Department
The Office for Civil Rights (OCR) under the Department of Education issued new guidance emphasizing that considering race in disciplinary actions could lead to investigations. This guidance revives ongoing debates over what constitutes discrimination in school discipline.
Discrimination Concerns
Disproportionality in discipline leads to concerns of racial discrimination.
Past federal investigations have noted persistent discrimination in schools. In 2014, the Obama administration highlighted disparities in discipline among different racial groups, with African-American and Hispanic students facing higher suspension rates.
Factors Behind Disparities
Research by the American Psychological Association pointed to a lack of teacher training in culturally competent practices and biases. Catherine Lhamon, head of OCR during the Obama administration, emphasized the need to examine discipline data through a racial lens to identify potential discrimination.
Reaction from Districts
Following the 2014 guidance, schools embraced policies like restorative justice to reduce suspensions. By 2018, suspension rates had declined across various demographics. However, the potential for discrimination continued to be a concern.
Backlash and Policy Changes
Conservative critics argued the 2014 guidance led to lenient discipline practices that could endanger classrooms. In 2018, the Trump administration revoked the guidance, only to see a reinstatement under the Biden administration. The debate continued, affecting political discussions and campaign promises.
New Guidance and Responses
The latest guidance, issued under the Trump administration, stresses schools should not use racial balancing in discipline practices. Kimberly Richey, head of OCR, argues race-based discipline analysis itself constitutes discrimination.
Schools needed to balance discipline across races.
Civil rights groups disagree, maintaining that examining discipline data by race is about accountability, not preferential treatment.
Ongoing Investigations
Besides Fayetteville, Milwaukee Public Schools is also under investigation. The investigations focus on whether systemic biases influence disciplinary practices. Both districts have expressed readiness to address findings after receiving more details from the Education Department.
Superintendent Mulford emphasized Fayetteville’s commitment to consistent standards across all student demographics, welcoming the investigation as a chance to ensure compliance and fairness in their policies.
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