The Investigation and Debate on School Discipline and Race

The U.S. Department of Education has initiated an investigation into Fayetteville Public Schools in Arkansas, leaving the district unsettled and unclear about the reasons behind it. According to the department, teachers in the district had been instructed to consider students’ racial identities when administering discipline to achieve restorative justice. This is intended to address the undue impact of discipline on students of color.

Superintendent John Mulford noted that the district received notice of the investigation just two hours before it was publicly announced. The department’s Office for Civil Rights (OCR) also issued federal guidance warning school leaders against considering race in disciplinary matters to avoid the risk of investigations.

Mulford expressed surprise, stating that the district has aimed to ensure consistency in its disciplinary policies, aligning with federal civil rights law. He is now awaiting more information from the department.

The Issue of Discrimination in School Discipline

Federal investigations have exposed ongoing discrimination in the U.S. educational system. Although seemingly neutral policies can have a disproportionate impact on particular groups, the challenge lies in identifying discrimination masked by data.

In 2014, the Obama administration highlighted that discipline data often revealed severe, potentially discriminatory impacts on students of color. African-American students, for example, made up 15% of the student population but accounted for 35% of suspensions. The American Psychological Association suggested that these disparities were not due to student behavior but instead to inadequate teacher preparation and cultural competency.

Catherine Lhamon, who formerly led the OCR, stressed the importance of examining discipline through a racial lens due to the nation’s history. Schools were advised to scrutinize their discipline data for meaningful racial disparities or risk government investigation.

As a result, many districts shifted from suspension and expulsion towards policies that emphasized restorative justice. By 2018, the rate of student suspensions dropped, with notable reductions among Hispanic, Black, and disabled students.

The Backlash and Policy Changes

The 2014 guidance faced criticism from conservatives for potentially compelling districts to ignore disruptive behavior to prevent perceived racial discrimination. In 2018, the Trump administration rescinded Lhamon’s guidance, only for it to be reinstated during the Biden era.

This debate has resurfaced amid a post-COVID spike in student misbehavior. Discipline became a significant topic in the 2024 presidential campaign, with Republican candidates advocating for stricter policies. In 2025, President Trump signed an executive order aiming to restore conventional discipline policies.

The New Guidance

The latest Trump administration guidance argues that previous policies encouraged schools to overlook misconduct to avoid federal scrutiny for racial disparities. Kimberly Richey, current head of OCR, stated that schools should not pursue racial balance in discipline and that considering race is both illegal and discriminatory.

Civil rights groups have rejected this position, insisting on the necessity of examining discipline data to ensure equitable student treatment. Lhamon suggests ignoring race will hide disparities rather than eliminate them, while Richey argues for adherence to neutrality in discipline.

Ongoing Investigations

The department is also investigating Milwaukee Public Schools alongside Fayetteville. Minimal details regarding these investigations have been disclosed. Milwaukee’s inquiry relates to education leaders purportedly encouraging race-based consideration in discipline.

In Fayetteville, Superintendent Mulford emphasizes consistent discipline standards and compliance with federal expectations. He remains open to department findings, stating any identified issues would be addressed promptly. However, he remains confident in the district’s adherence to those standards.