Education Department probes Arkansas

The U.S. Department of Education announced an investigation into Fayetteville Public Schools in Arkansas. Superintendent John Mulford says the district received notice just two hours before a public release.

According to a department press release, the probe concerns allegations that teachers "were directed to take students' racial identities into account when issuing discipline." The stated aim was to address racial disproportionality through restorative justice. Mulford expressed shock, stating the district's work on consistent discipline policy aligns with federal civil rights law.

In the same announcement, the department's Office for Civil Rights (OCR) issued new federal guidance. It warns school leaders that considering a student's race in discipline matters risks investigation.

The Discipline Data Debate

This action reopens a contentious fight over K-12 school discipline and discrimination. Federal investigations have repeatedly found discrimination persists in schools. A key question is whether a seemingly neutral policy becomes discriminatory if data shows it disproportionately harms one group.

In 2014, the Obama administration issued guidance arguing discipline data often revealed large, potentially discriminatory impacts on students of color. Federal data at the time showed African American students represented 15% of students but 35% of those suspended once and 44% suspended more than once. An American Psychological Association task force found no evidence these disparities reflected behavioral differences, instead citing potential causes like lack of teacher training or racial stereotypes.

Catherine Lhamon, who ran OCR under Presidents Obama and Biden, reflected on the 2014 memo. She stated that not examining discipline rates through a racial lens would be an abdication, given the nation's history and OCR's mandate to end discriminatory practices. The guidance warned that disparities could give rise to concerns of racial discrimination violating federal law, prompting potential investigation.

Schools responded. Many districts shifted away from suspension and expulsion toward policies like restorative justice. By 2018, the share of students suspended at least once had dropped from 5.6% to 4.7%. Hispanic students saw a 30% drop, while Black students and students with disabilities also saw significant declines, though their rates remained high.

Policy Reversals and Backlash

After the 2014 guidance, conservative critics accused OCR of heavy-handedness. They argued districts began tolerating disruptive behavior out of fear that differential discipline rates would be deemed discriminatory. In 2018, commentator Max Eden argued districts must not be presumed guilty and that kids should not be put in danger because of statistics.

A policy reversal began in December 2018 when the first Trump administration rescinded Lhamon's guidance. In 2023, after returning under President Biden, Lhamon again advised schools they could be held accountable for disparities. The backlash continued, fueled by a COVID-era spike in student misbehavior. School discipline became a 2024 campaign issue, with the Republican platform pledging to overhaul standards and suspend violent students.

In April 2025, after Donald Trump's return to the White House, he signed an executive order titled "Reinstating Common Sense School Discipline Policies." This month's guidance, signed by current OCR head Kimberly Richey, continues that direction. Richey told NPR that classrooms are now less safe and more disruptive, which she calls "a fruit of this policy."

The New Federal Stance

The latest guidance argues that under the previous policy, schools ignored or covered up misconduct to avoid creating racial disparities in discipline numbers. It states this allowed dangerous or disruptive students to remain in classrooms. Richey argues the prior approach sought "racial balance" in discipline rates across racial groups. She calls the idea that any difference in rates signals discrimination "false."

The new guidance does more than warn against balancing. It advises that weighing discipline policies with any consideration of race, even to address disparities, is itself discriminatory and illegal. "The consideration of race in student discipline is race discrimination," it states.

Civil rights groups reject this view. Eric Duncan of EdTrust stated schools must be able to examine who is being disciplined and why to ensure all students are valued. Lhamon argues that forbidding consideration of race will not eliminate disparities but make them invisible, except to the harmed students. She calls the new guidance "a scare tactic." Richey argues the opposite, stating this consideration of race breaks the law.