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