The U.S. Department of Education directed schools nationwide to eliminate discipline policies that apply different standards or targets based on student race and announced investigations into two school districts over their disciplinary practices on Aug. 19.
The formal guidance frames race-based or racially balanced discipline targets as a potential violation of equal protection principles and federal civil rights law, the department said. Schools that fail to comply risk losing federal funding.
The directive targets policies — sometimes described as restorative justice or equity-based discipline frameworks — that set demographic parity goals for suspensions, expulsions, and other disciplinary actions. Proponents of such policies have argued they address documented racial disparities in school discipline.
Tens of thousands of schools across the country adopted race-conscious discipline frameworks over the past decade, many in response to Obama-era guidance that encouraged schools to examine racial disparities in their disciplinary data. The new directive reverses that policy direction.
The two school districts under active investigation were not named in the department’s announcement. The investigations are being conducted by the department’s Office for Civil Rights.
For American students and families, the guidance could reshape the disciplinary environment in public schools. Civil rights organizations have documented persistent disparities showing Black students are suspended and expelled at significantly higher rates than their white peers.
The NAACP Legal Defense Fund and other civil rights groups are expected to challenge the directive, arguing that race-conscious discipline reforms were designed to address documented discrimination rather than impose racial quotas.
Education groups including the National School Boards Association and the American Federation of Teachers have previously expressed concern about federal mandates that restrict local districts’ ability to tailor discipline policies to their communities.
The guidance takes immediate effect, though enforcement through funding withholding would require additional administrative proceedings.