U.S. Department of Education issues new guidance prohibiting consideration of race in school discipline

This shift in federal policy changes the legal standard for how K-12 schools across the U.S. manage student discipline, moving away from monitoring racial disparities in suspension rates and toward a prohibition on using race as a factor in disciplinary actions.

• •The U.S. Department of Education issued new guidance stating that considering race in student discipline is discriminatory.
• •The Office for Civil Rights (OCR) is investigating Fayetteville Public Schools for allegedly using racial identity in discipline to promote 'restorative justice'.
• •The new guidance explicitly warns school leaders that considering race in discipline matters risks federal investigation.
• •The Trump administration's April 2025 executive order, 'Reinstating Common Sense School Discipline Policies', preceded this guidance.
• •OCR head Kimberly Richey stated that previous policies led to classrooms being less safe and more disruptive.
• •Previous federal guidance (2014) encouraged schools to monitor racial disparities in suspension and expulsion data.
• •Data from 2014 showed African-American students represented 15% of the student population but 35% of single suspensions and 44% of multiple suspensions.
• •Following 2014 guidance, many districts shifted toward restorative justice, resulting in a drop in suspension rates by 2018.
• •The current administration argues that previous policies caused schools to ignore student misconduct to avoid appearing to have racial disparities in discipline data.