The Departments of Justice (DOJ) and Education (ED) jointly released a school discipline guidance package for schools to ensure that discipline policies do not discriminate against racial or ethnic groups or students with disabilities and help school leaders find alternatives to excluding students from classrooms or schools. The guidance materials cite data from the Civil Rights Data Collection that shows students with disabilities are disproportionately impacted by suspensions and expulsions.
Some of the major findings included data showing that students served by IDEA [the Individuals with Disabilities Education Act] represent 12% of students in the country, they make up 19% of students suspended in school, 20% of students receiving out-of-school suspension once, 25% of students receiving multiple out-of-school suspensions, 19% of students expelled, 23% of students referred to law enforcement, and 23% of students receiving a school-related arrest. Additionally, students with disabilities (under the IDEA and Section 504 statutes) represent 14% of students, but nearly 76% of the students who are physically restrained by adults in their schools.
The guidance emphasizes positive environments, prevention efforts, clear, appropriate, and consistent expectations and consequences, and continuous efforts to ensure equity. It highlights schools’ obligations under civil rights laws and provides numerous resources for their use.