Parents Defending Education Sends Letter to Secretary of Education Linda McMahon Urging Rescinding of Biden-Era School Discipline Letter

Parents Defending Education is a nationwide, nonpartisan, grassroots organization whose members are primarily parents of school-aged children. We understand that you are reviewing policies adopted by the Biden administration and assessing their impact on states. We write to respectfully request that your review include the joint “Dear Colleague” letter regarding school disciplinary policies issued by the
Department of Education and Department of Justice in May 2023 (the “School Discipline Letter”).
1 As explained below, the School Discipline Letter exceeds the Department’s authority under Title VI,2 is likely unconstitutional, and is harming students and teachers alike. The Department should rescind it as soon as possible.3

Despite clear Supreme Court precedent holding that disparate impact alone cannot support a Title VI violation,4 the School Discipline Letter states that racial disparities in school discipline outcomes are prima facie evidence of racial discrimination, even when a school’s disciplinary code is race neutral. Moreover, the letter threatens school districts with the loss of federal funds if they do not adjust their procedures to eliminate such disparities.5 This position goes “well beyond [the] purpose” of Title VI6 and is no different from the Obama administration policy the Department repudiated during President Trump’s first term. 7 The School Discipline Letter also pressures school districts to violate the Equal Protection Clause of the Fourteenth Amendment by coercing them to adopt rules that, according to the Seventh Circuit, invariably require “systematically overpunishing the innocent or systematically underpunishing the guilty” on the basis of race.8

Besides being unlawful and unconstitutional, the Department’s current approach is indefensible as a matter of public policy. It forces school districts, by threat of financial pain, to abandon equal-handed policies that promote student safety and preserve an orderly learning environment. Put simply, the School Discipline Letter undermines teachers’ authority at a time when they need it the most. Violence and disruptive behavior have increased in K-12 schools over the past few years, harming students and
teachers alike. There were at least 857,500 violent incidents in public schools during the 2021-22 school year, the most recent year for which data from the National Center for Education Statistics is available.9 A 2024 report by the American Psychological Association described “school violence” as an epidemic.”10 According to the APA, teachers have reported a “sharp rise” in “rates of verbal and threatening aggression” and “physical violence” in their classrooms, with nearly 80% of survey respondents agreeing that misconduct is becoming more prevalent.11

PDE believes that teachers and principals at the local level are best situated to address disciplinary issues and ensure the well-being of their communities, and that every student is a unique individual and should be treated as such, no matter his or her race. PDE is confident that the Department’s new leadership agrees.