The U.S. Department of Education has opened an investigation into the disciplinary practices of Fayetteville Public Schools in Arkansas. This came as a surprise to district leaders. The investigation aims to determine whether teachers were instructed to consider students’ racial identities during disciplinary actions as part of ‘restorative justice’ efforts.
Superintendent John Mulford expressed surprise at the investigation. He stated that the district received notification just two hours before the announcement went public. Mulford feels the district’s disciplinary policies are consistent with federal civil rights law, emphasizing fairness and clarity.
New Federal Guidance
The Office for Civil Rights (OCR) issued fresh federal guidance alongside the investigation. This guidance warns school leaders against factoring in a student’s race during disciplinary decisions. Such actions could lead to additional investigations.
Mulford noted the district’s effort to maintain consistency in discipline policies to avoid ambiguity. This approach aligns with federal laws, leaving him surprised by the recent turn of events.
Civil Rights and School Discipline
The situation highlights ongoing civil rights battles over school discipline. The question arises as to what constitutes discrimination, especially if seemingly neutral policies show disproportionate impacts on students of color.
In 2014, the Obama administration’s guidance emphasized analyzing discipline data for potential racial disparities. African-American students, 15% of the total student population, represented 35% of initially suspended students and 44% of students suspended multiple times, according to federal data at the time.
The American Psychological Association found these disparities were likely due to inadequate training in classroom management and cultural competence.
Backlash and Policy Changes
Conservative critics accused former OCR head Catherine Lhamon of overreach after the 2014 guidance. Some argued it led to fewer repercussions for disruptive and potentially dangerous students.
In December 2018, the Trump administration withdrew the Obama-era guidance. The backlash prompted debates over school discipline policies, influencing political discourse.
Current Administration and Policy
Trump’s administration later reinstated more traditional disciplinary approaches through executive orders. Kimberly Richey, the current head of OCR, criticized past policies, attributing classroom disruptions to lenient disciplinary measures.
New guidance advises schools to avoid using race as a factor in evaluating discipline policies. Richey states that focusing on racial balance in discipline numbers can lead to illegal practices and reinforces the notion that race-based considerations are discriminatory.
Opposing Views
Civil rights groups, such as EdTrust, disagree with this perspective. They emphasize the need for schools to understand discipline data to ensure equity and fairness for all students.
Lhamon argues that ignoring racial disparities will not eliminate them. She warns that the new guidance might conceal the extent of harm experienced by minority students.
Scope of Investigations
Alongside Fayetteville, Milwaukee Public Schools is also under investigation. Reasons for selecting these districts remain unclear beyond statements from the department’s press release.
Milwaukee’s education leaders have been criticized for seemingly linking ‘systemic whiteness’ to neutral disciplinary policies. Nevertheless, Superintendent Mulford maintains that Fayetteville upholds consistent standards regardless of student background.
As the investigations proceed, Mulford remains open to insights from the Department of Education. He is committed to addressing any identified issues within the district’s policies.