The U.S. Department of Education and the U.S. Department of Justice have issued a four-part guide designed to address disparities in discipline practices and improve school climate. The guide, which includes data showing that minorities and students with disabilities are disproportionately affected by harsher punishments, is the first time the federal government has dealt with these issues through guidance.
Thomas J. Gentzel, Executive Director of the National School Boards Association (NSBA), responded to the guidance and noted that local school board and community involvement is essential in addressing concerns of discipline and race.
“Our nation’s school boards share the Education and Justice departments’ concerns for ‘safe, inclusive and positive school climates,’ with zero tolerance for discriminatory practices in public schools,” he said. “NSBA is generally pleased with the documents’ emphasis on positive interventions, but it is vital to underscore that school discipline must acknowledge the various levels of resources available to public schools and communities. It is critical that the guidelines not impose any type of unfunded mandate on local public schools and not be misused as a loophole to fund private educational placements at taxpayer expense. A one-size fits all approach is not appropriate, since public schools, communities, and resources differ.”
Further, he added, “NSBA is concerned that part of the Education and Justice departments’ legal framework may constitute an expansive interpretation of the law. We are studying the agencies’ legal analysis and will likely issue further comment. We invite the agencies to confer further with NSBA to ensure that guidelines released incorporate school boards’ perspective on these critical topics.”
The guide could be helpful to local school boards because it provides a detailed process of how the Education and Justice departments will approach investigations with respect to student discipline and race, he added.
On a related topic, NSBA released a report, “Addressing the Out-of-School Suspension Crisis: A Policy Guide for School Board Members,” in April 2013. The document examines discipline policies and the disproportionate impact on students of color. It recommends that school disciplinary measures should not be used to exclude students from school or deprive them of educational services, and suspensions should only be used as a last resort for school safety.