Policy Report

Protecting Students' Civil Rights: The Federal Role in School Discipline

Teacher and student talking in a school hallway.
Jessica Cardichon and Linda Darling-Hammond
May 2019 | Learning Policy Institute
Teacher and student talking in a school hallway.

Zero-tolerance school discipline policies that apply strong punishments—such as suspensions and expulsions—for nonviolent and subjective offenses, such as “willful defiance,” talking in class, tardiness, or truancy, often result in negative consequences for student academic achievement, attainment, and welfare. Data from the U.S. Department of Education’s Office of Civil Rights Data Collection demonstrates that students of color and students with disabilities, among other historically underserved students, are disproportionately suspended and expelled compared with their white and nondisabled peers. This report from the Learning Policy Institute examines how shifts in the federal role in education could affect protections of students’ civil rights in the area of school discipline. The authors discuss the underlying research that has been used to inform and identify best practices for supporting student behavior and achievement and keeping schools safe, the progress that has been made using research-based best practices, and the consequences of the federal administration’s decision to roll back guidance for productive approaches to school discipline. This report is one of two based on white papers by the Learning Policy Institute commissioned by the U.S. Commission on Civil Rights in 2018. The other, The Federal Role and School Integration: Brown’s Promise and Present Challenges, addresses the federal role in protecting student civil rights as they relate to school integration.