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Reinstating Common Sense Discipline Policies

May 6, 2025

Reinstating Common Sense School Discipline Policies

Purpose and Policy

  • The Federal Government aims to ensure safety and order in classrooms.
  • Rejects school discipline based on discriminatory equity ideology.
  • Historical context:
    • In 2014, a Dear Colleague letter indicated violations of Title VI of the Civil Rights Act if racial disparities in discipline occurred.
    • This led to schools avoiding necessary discipline to prevent racial disparities, affecting overall safety.
  • A 2018 Federal Commission report highlighted negative impacts:
    • Schools became less safe when discipline focused on statistics rather than behavior.
    • School discipline decisions should be based on behavior, not racial statistics.

Rescission and Guidance

  • 2014 letter rescinded in 2018 following the Commission's findings.
  • In 2023, a new guidance reinstated racial statistical analysis in discipline as a potential indicator of unlawful practices.
    • Resulted in increased classroom disorder and violence.

Definitions

  • Applies definitions from the January 29, 2025 Executive Order.
  • Behavior Modification Techniques: Any discipline based on discriminatory equity ideology.

Ensuring Common Sense School Discipline Policies

  • Actions required within specific timeframes:
    • 30 days: Secretary of Education to issue new guidance on avoiding racial discrimination in school discipline.
    • 60 days: Cooperation with Governors and State Attorneys General on preventing racial discrimination in discipline.
    • 90 days: Secretary of Defense to revise school discipline codes for military families' children.
    • 120 days: A comprehensive report due:
      • Analysis of Title VI discipline-related investigations since 2009.
      • Assess the role of Federal grant recipient non-profits in promoting equity-based discipline.
      • Explore non-discriminatory discipline policies.
      • Model policies that align with American values and virtues.

General Provisions

  • The order does not affect existing legal authority or budgetary processes.
  • The order is consistent with applicable laws and does not create enforceable rights.

Final Note

  • Signed by Donald J. Trump, April 23, 2025.