ED and DOJ Release School Discipline Guidance

May 30, 2023

On May 26, the Department of Education (ED) and Department of Justice (DOJ) released the long-awaited school discipline guidance. The guidance, in the form of a letter, directs schools to comply with civil rights laws in their use of out-of-school suspensions, expulsions and school-based arrests. Additionally, it demonstrates ways school districts can take steps to proactively improve their administration of student discipline.

Attached to the letter is a summary of 14 federal investigations into racial disparities in student discipline over the past decade that led school districts to make significant changes in practice and policy.

The guidance also provides technical assistance to districts including fact sheets on different strategies to support students’ social, emotional, behavioral and academic well-being and success; and a series of webinars beginning August 9 hosted by OESE technical assistance centers.