CED Newsletters & Policy Alerts

Policy Alert: Executive Order on School Discipline

April 25, 2025

Action: Executive Order "Reinstating Common Sense School Discipline Policies”

What it does: The Executive Order, signed on April 23, directs the Secretary of Education to issue new guidance to states and school districts relating to school discipline. The order references school discipline guidance provided under the Obama Administration and later revised under the Biden Administration after being rescinded during President Trump's first term. The latest Order asserts that the former policies were based on "discriminatory equity ideology” and jeopardized student safety. In addition to new guidance, the order directs the Secretary of Education to coordinate with the Attorney General, the Secretary of Health and Human Services, and the Secretary of Homeland Security to submit a report detailing the existence of "discriminatory-equity-ideology-based school discipline and behavior modification techniques in American public education."

Key Insights

• The cross-agency directed report must promote acceptable examples of school discipline policies, analyze discipline-related investigations under Title VI of the Civil Rights Act of 1964 dating back to 2009, and review the role of non-profit Federal grant recipients in such discipline alternative activities to recommend actions that prevent Federal funding for these programs or activities.
• The initial guidance issued through a "Dear Colleague" letter in January 2014 overviewed school discipline disparities by race, warned of potential legal investigations and enforcement actions for such practices based on nondiscrimination under Titles IV and VI of the Civil Rights Act, and presented examples of violations and potential remedies. The Biden Administration renewed the focus on racial discrimination in student discipline, due, in part, to pressure from civil rights organizations.

• In March 2025, the Parents Defending Education organization sent a letter to the US Department of Education requesting the repeal of the School Discipline Dear Colleague guidance from the Biden Administration. The letter cites "Supreme Court precedent holding that disparate impact alone cannot support a Title VI violation."
• Recent research attributes disparities in school discipline actions to teachers who frequently refer students, issuing over 48 referrals per year and ranking in the top 5% of referrers. Based on the report, top referring teachers, who contribute significantly to school discipline disparities, often have less years of experience teaching and could likely benefit from targeted supports and interventions.