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Disparities and Discrimination in Student Discipline by Race and Family Income (Article)

Black and poor students are suspended from U.S. schools at higher rates than White and nonpoor students. While the existence of these disparities has been clear, the causes of the disparities have not. This study found Black and poor students are, in fact, punished more harshly than the students with whom they fight.

Citation/Source

Barrett, N., McEachin, A., Mills, J. N., & Valant, J. (2021). Disparities and discrimination in student discipline by race and family income. Journal of Human Resources, 56(3), 711-748.

Publication Date
2021
Address
Equal Time for Equal Crime? Racial Bias in School Discipline (Article)

This study examines racial gaps in exclusionary discipline for students of different races who are involved in the same disciplinary incident for the same type of infraction.

Citation/Source

Shi, Y. & Zhu, M. (2021). Equal time for equal crime? Racial bias in school discipline (EdWorking Paper 21-383). Annenberg Institute at Brown University.

Publication Date
2021
Address
Letter from the United States Secretary of Education, dated July 19, 2022 (Webpage)


This letter from Secretary Cardona highlights key resources and information about resources from the Department that may be useful in supporting the needs of students with disabilities in particular, including tools for schools to assist students in addressing any disability-based behaviors that could otherwise interfere with their or other students' learning, or that could lead to student discipline or impact safety

Citation/Source

Miguel A. Cardona. 2022. Letter from the United States Secretary of Education, dated July 19, 2022. https://www2.ed.gov/policy/gen/guid/secletter/220719.html (accessed September 16, 2022).

Publication Date
2022
Address
School discipline policies that result in unintended consequences for Latino male students’ college aspirations (Book)

This book untangles how aggressive school discipline policies unintentionally impact the college aspirations of Latino males through the mislabeling and removal of students from the classroom.

Citation/Source

Huerta, A. H., Calderone, S. M., & McDonough, P. M. (2019). School discipline policies that result in unintended consequences for Latino male students’ college aspirations. In G. Q. Conchas, M. Gottfried, B. M. Hinga, & L. Oseguera (Eds.), Educational policy goes to school (pp. 157–172). Routledge.

Publication Date
2019
Address
Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 - Fact Sheet (PDF)


This fact sheet summarizes key information from the Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 guidance document.  

Citation/Source

Office of Special Education Rehabilitative Services. 2022. Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 - Fact Sheet: https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-factsheet.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= (accessed September 16, 2022).

Publication Date
2022
Address
Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 (PDF)


Guidance from the United States Department of Education Office of Civil Rights describes schools’ responsibilities under Section 504 to ensure nondiscrimination against students based on disability when imposing student discipline.  Specifically, the guidance explains how compliance with Section 504’s requirement to provide a free appropriate public education (FAPE) to students with disabilities can assist schools in effectively supporting and responding to behavior that is based on a student’s disability and that could lead to student discipline. By using Section 504’s procedures to identify and meet the behavioral, social, emotional, and academic needs of students with disabilities as required for FAPE, schools can help prevent or reduce behaviors that might otherwise result in discipline. As the guidance explains, when schools do choose to administer discipline for students with disabilities, they must do so in a nondiscriminatory manner. 

Citation/Source

Office of Special Education Rehabilitative Services. 2022. Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-guidance.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= (accessed September 16, 2022).

Publication Date
2022


Experts in the field of education have long voiced concerns about racial and ethnic disparities in the application of school discipline, particularly in regard to the disproportionate number of office discipline referrals (ODRs) that Black students face. According to the American Psychological Association, these behaviors can have long-lasting impacts on students, causing them to have worse mental health and lower grades.  A group of researchers are providing fresh insight into the matter by determining how a handful of educators in a single California school district more than doubled the disparity in student disciplinary outcomes between white and Black children.

Citation/Source

Tamez-Robledo, N. (2023). When a Tiny Fraction of Teacher File Most School Discipline Referrals. EdSurge. Accessed March 25, 2024.

Publication Date
2023

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California Department of Education, Special Education Division's special project, State Performance Plan Technical Assistance Project (SPP-TAP) is funded through a contract with the Napa County Office of Education. SPP-TAP is funded from federal funds, (State Grants #H027A080116) provided from the U.S. Department of Education Part B of the Individuals with Disabilities Education Act (IDEA). Opinions expressed herein are those of the authors and do not necessarily represent the position of the U.S. Department of Education.