Reinstating Common Sense School Discipline Policies
Summary
This executive order aims to reinstate what the President considers "common sense" school discipline policies by reversing previous guidance that promoted discipline based on racial equity considerations. It directs the Secretary of Education and the Attorney General to issue new guidance to local and state educational agencies, emphasizing non-discrimination under Title VI of the Civil Rights Act of 1964, but interpreted as focusing on individual behavior rather than racial statistics.
The order also mandates a report on the status of "discriminatory-equity-ideology-based" discipline and behavior modification techniques in schools. This includes an inventory of Title VI investigations and an assessment of non-profit organizations involved in promoting these techniques.
Ultimately, the goal is to shift school discipline away from policies that consider racial disparities in outcomes and towards policies that emphasize individual student behavior and teacher/administrator discretion.
Expected Effects
The immediate effect will be a shift in the focus of school discipline policies away from addressing racial disparities in suspension and expulsion rates. Schools may feel less pressure to avoid statistical disparities and more freedom to discipline students based on individual behavior. This could lead to changes in suspension and expulsion rates, potentially impacting different racial groups differently.
Furthermore, the order could lead to a reduction in federal funding for programs and non-profit organizations that promote equity-based approaches to school discipline. The long-term effect will depend on how the new guidance is interpreted and implemented by local and state educational agencies.
Potential Benefits
- Potentially safer school environments due to stricter disciplinary measures.
- Increased teacher and administrator autonomy in handling disciplinary issues.
- Reduced focus on racial statistics, potentially leading to a perception of fairer, behavior-based discipline.
- Alignment with the principle of individual accountability.
- May reduce the administrative burden on schools related to monitoring and adjusting discipline policies based on racial data.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased racial disparities in disciplinary outcomes if underlying biases are not addressed.
- Risk of overlooking systemic factors that contribute to disproportionate discipline rates among certain racial groups.
- Possible chilling effect on efforts to address racial bias in schools.
- May lead to a perception of unfairness among students and communities who believe that racial equity considerations are necessary.
- Could exacerbate existing inequalities in the education system.
Most Disadvantaged Areas:
Constitutional Alignment
The executive order cites the President's authority under the Constitution and laws of the United States. It references Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in programs receiving federal funding. The order's alignment with the Constitution depends on the interpretation of Title VI and whether the policies implemented under the order promote or undermine equal protection under the law.
The order's emphasis on individual behavior and teacher discretion could be seen as consistent with principles of due process and equal treatment. However, if the policies result in discriminatory outcomes, they could violate the Equal Protection Clause of the Fourteenth Amendment.
Furthermore, the order's directive to prevent federal funds from flowing to programs that promote "discriminatory equity ideology" could raise concerns about academic freedom and the government's ability to control the content of educational programs.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).