Monday, September 28, 2026

Education Department Investigates Racial Bias in Student Discipline

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Investigation Details

The U.S. Department of Education announced civil rights investigations into Milwaukee Public Schools and Fayetteville Public Schools in Arkansas on Aug. 18, alleging that both districts used race to shape discipline decisions. The probe targets alleged violations of federal civil rights law that could affect millions of students.

Assistant Education Secretary Kimberly Richey said the department is examining whether staff considered a student’s race before issuing detentions or suspensions. She warned that such practices endanger classroom safety and undermine learning opportunities.

The department issued a 20‑page ‘Dear Colleague’ letter reminding schools they must treat every student equally under existing civil rights statutes, with no favoritism based on race. The letter stresses that race cannot be used to differentiate disciplinary actions.

Policy Shift

The inquiry follows a July 23 guidance that rescinds the Obama‑era ‘disparate impact’ regulations requiring districts to report disciplinary actions and face funding cuts when black or Hispanic students were suspended at higher rates.

Richey’s memo argues that the former rule linked disruptive behavior, bullying victimization and teacher dissatisfaction to race‑conscious discipline, a connection the department now rejects.

National Data

FBI school crime data show criminal incidents in K‑12 schools rose from 100,810 in 2020 to nearly 330,000 in 2024, with assault accounting for over half of the cases.

The National Center for Education Statistics reported 857,500 violent incidents in public K‑12 schools during the 2021‑2022 academic year, underscoring a broader safety concern.

District Responses

Milwaukee Public Schools says its staff trainings on ‘courageous conversations about race’ have cut behavior referrals by 1,000 and suspensions by 500 over two years, according to the district website.

A district spokesperson, Stephen Davis, told The Epoch Times the education department’s notice provided no specific basis for the probe and pledged a response once more details arrive.

Arkansas District

Fayetteville Public Schools listed suspension rates by race in its strategic plan, noting that certain groups represented a higher share of suspended students than their population proportion.

The district did not respond to requests for comment from The Epoch Times, and its strategic plan includes commentary on those figures, highlighting disparities in suspension rates.

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