Biden’s education guide warns against discriminatory suspensions for truancy.

New Resource Guide Advises Against Suspending Students Who Skip School

The Department of Education and the Department of Justice have released a new “Resource on Confronting Racial Discrimination in Student Discipline” guide, which advises school districts against suspending students who skip school, as it may be discriminatory towards minority students.

Examining Racial Disparities in Student Discipline

The guide outlines a range of actions that could be considered racially discriminatory due to a racially disparate impact. Assistant Secretary of Education for Civil Rights Catherine Lhamon stated that “significant disparities by race – beginning as early as preschool – have persisted in the application of student discipline in schools.” While racial disparities in student discipline alone do not violate the law, ensuring compliance with Federal nondiscrimination obligations can involve examining the underlying causes of such disparities.

The department’s resource, developed alongside the Department of Justice’s Civil Rights division, highlighted several Office for Civil Rights investigations that exemplified the department’s definition of racially discriminatory actions. For example, the Victor Valley Union High School District maintained discipline policies that “disproportionately harmed black students” by suspending students from school that were late to school or skipped school entirely. Another school district, Wicomico County Public Schools in Maryland, was required to allow students who skipped school to make up their missed schoolwork.

Criticism of the Guide

The department’s resource was criticized by conservative education experts who noted the Biden administration was insinuating that school discipline practices such as suspensions are racist. Bob Eitel, the president and co-founder of the Defense of Freedom Institute, stated that the Biden administration is “wrong” to suggest that “school disciplinary policies are inherently racist.” Mailyn Salabarria, the director of community engagement for the parent activist organization Parents Defending Education, said that “accountability and personal responsibility are important life lessons for students, regardless of their race or ethnic background.”

However, the guide emphasizes the importance of examining the underlying causes of racial disparities in student discipline and ensuring compliance with Federal nondiscrimination obligations. By promoting race-based disciplinary approaches, the Biden administration aims to address the problem of schools failing students and ultimately support the very children they claim to help.

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