Office of Civil Rights Seeking Public Comments on Nondiscriminatory Administration of School Discipline

By William J. Zee and Aimee Kline

June 11, 2021

The U.S. Department of Education Office of Civil Rights (OCR) is soliciting comments including research, information and suggestions from educators, parents, administrators, and other stakeholders on school discipline in pre-K through grade 12.

The request for information stems from OCR data showing growing disparities in discipline based on race, sex, and disability. In addition, a group of 23 State Attorney Generals, including Pennsylvania, sent a letter to the U.S. Secretary of Education and U.S. Attorney General requesting the reinstatement and expansion of the 2014 guidance.

The comments will help guide OCR with policy development, technical assistance, or other resources would assist schools with improving school climate and safety, consistent with the civil rights laws enforced by OCR in order to ensure equal access to education programs and activities. Comments should include responses to at least one of the following topics:

• Usefulness of current and previous school discipline guidance; • School discipline policies that raise concerns about potentially discriminatory implementation or effects on students' access to educational opportunities; • Impact of school discipline policies on students’ education, mental health, etc.; • Positive school climates practices; • Type of guidance and technical assistance OCR can provide to state and local agencies; • Practices that have reduced the use of discipline or the disparities in the use of discipline between different groups of students; • Hiring and professional development practices for teachers and staff; and • Helpful data collection, analysis, or recordkeeping practices.

OCR is also interested in learning about discipline issues that arose during the COVID-19 pandemic.

Public comments are open until July 23, 2021.

Should you have any questions about this issue or any other issue impacting schools, please do not hesitate to contact William J. Zee, Esquire or any of the attorneys in the Appel, Yost & Zee Education group.