The U.S. Department of Education (DOE) is developing significant changes to how school discipline is addressed at the federal level. An executive order from President Donald Trump in late April requires the DOE to issue new guidance within 30 days aimed at eliminating what the administration describes as "discriminatory equity ideology" in student discipline. It also signals the start of new enforcement actions and coordination with state attorneys general to investigate school districts believed to be violating Title VI by acknowledging statistical racial disparities in student discipline.
The executive order builds on recent DOE initiatives targeting diversity, equity, and inclusion (DEI) programming and what the Trump administration calls "radical indoctrination" in schools. This time, the focus is discipline policies that rely on or are informed by racial disparity data, such as suspensions or expulsions across demographic groups. Quoting from a 2018 report from the Federal Commission on School Safety, the order says, "When school leaders focus on aggregate school discipline numbers rather than the specific circumstances and conduct that underlie each matter, schools become less safe."
According to the order, discipline policies that rely on disparate impact analysis or behavioral modification rooted in equity frameworks are no longer acceptable. Instead, the administration calls for what it describes as "common sense" discipline policies based on objective behavior standards.
What This Means for K-12 Schools
The executive order represents a significant shift in how federal agencies will approach student discipline and equity. Districts should expect the DOE and Department of Justice (DOJ) to view race-based or race-conscious discipline interventions as a potential civil rights violation, not a remedy.
While current law still prohibits intentional racial discrimination in discipline, the executive order directs federal officials to stop using disparate impact data as the basis for investigations. In other words, school districts may no longer be expected — or permitted — to adjust discipline practices based solely on disparities across student groups.
Additional key components of the order include:
- New federal guidance by late May that will outline how districts must comply with Title VI in the context of student discipline.
- Coordination by the DOE, DOJ, governors, and state attorneys general "regarding the prevention of racial discrimination in the application of school discipline."
- Model policies and new discipline codes to be developed in coordination with the Departments of Justice, Defense, Health and Human Services, and Homeland Security.
- Federal scrutiny of nonprofit partners receiving grants to implement equity-based discipline practices.
School districts that have adopted restorative justice models, equity-based disciplinary frameworks, or policies focused on reducing racial disparities in discipline may now be at risk of scrutiny from federal officials.
Next Steps for K-12 Leaders
As the DOE prepares to issue new guidance and coordinate with state officials, K-12 leaders should act now to reduce legal exposure and prepare for potential policy shifts. Districts should:
- Review student discipline policies and procedures to ensure they are behavior-based, neutrally applied, clearly documented, and effectively communicated.
- Discontinue use of disparity-driven goals unless required under a court order or state mandate.
- Ensure that training for staff avoids implying that discipline decisions should vary by student demographics.
- Audit partnerships with third-party providers to determine whether any funded programs include "behavior modification techniques" the administration may flag as equity-based or noncompliant.
- Prepare internal communications plans for discussing any upcoming changes in policy or enforcement guidance with staff, parents, and community stakeholders.
As always, districts should consult with legal counsel when interpreting new federal directives and considering changes to local discipline policy.
Broader Context: Another Front in the DEI Rollback
This executive order marks the latest in a series of federal actions aimed at scaling back DEI policies and reframing civil rights enforcement. As we noted in previous alerts, the administration has already:
With this order, the administration is making clear that its campaign to end race-conscious policymaking applies equally to student conduct as it does to curriculum or hiring.
Final Takeaway
School discipline is the newest flashpoint in the administration's ongoing effort to eliminate race-conscious practices in public education. With new federal guidance and potential enforcement on the horizon, K-12 leaders should take immediate steps to ensure their discipline policies are legally defensible, behavior-focused, and consistent with the administration's shifting interpretation of Title VI. For more information, please contact us or your regular Parker Poe contact.
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