Trump Administration Rescinds 2014 Discipline Guidance
On December 21st, the U.S. Department of
Education in coordination with the U.S. Department of Justice officially
revoked the 2014 School Discipline Guidance. A nonbinding document, the
guidance suggested that schools could be in violation of civil rights laws if
they disciplined students of color at higher rates than other students. Earlier
in the week, the Federal School Safety Commission Report indicated the
Administration would be rescinding this guidance.
An AASA survey of 950 school district leaders conducted in April
found that just 16 percent had modified their discipline policies and practices
because of the guidance. Less than 1 percent of all respondents found that the
guidance had a negative impact on school personnel's ability to administer
discipline, while 7 percent said it had a positive impact. In our survey’s
conclusion we wrote “The 2014 discipline guidance itself has not been
transformative in changing discipline policies and practices for districts.”
Given the limited impact the guidance has had on district discipline policies
and practices AASA did not feel it was appropriate to weigh in on whether
the guidance should stay in place ore be rescinded. Regardless of the guidance,
districts
have the same obligation to abide by civil rights laws, address discriminatory
discipline practices, and are free to adopt policies on their own that mirror
the approach recommended by the 2014 guidance.