U.S. Department of Education Probes School Discipline Practices in Arkansas
The Fayetteville Public Schools in Arkansas have unexpectedly found themselves under federal scrutiny. The U.S. Department of Education has launched an investigation into the district’s disciplinary practices, catching the district by surprise.
According to a press release from the department, the investigation arises from claims that Fayetteville teachers were advised to consider students’ racial identities when administering discipline. This directive was reportedly part of an initiative aiming at “restorative justice” to tackle the imbalance in disciplinary actions against students of color.
Superintendent John Mulford of Fayetteville Public Schools expressed surprise at the news, noting that the district was informed of the investigation just hours before the department went public with the announcement. “We’re a little shocked at this point and completely in the dark as to what this is even about,” Mulford stated.
The department’s Office for Civil Rights (OCR) simultaneously issued new guidance cautioning school leaders against considering race in disciplinary decisions to avoid investigations.
“The hardest part to swallow,” Mulford commented, is that the district has worked extensively to ensure discipline policy consistency, aligning with federal civil rights law. He awaits further clarification from the department.
The Potential for Discrimination in School Discipline
Federal investigations have repeatedly highlighted ongoing discrimination in U.S. schools, despite such practices being outlawed under federal civil rights law. However, if a seemingly neutral policy disproportionately affects a certain group, questions arise about whether this constitutes discrimination.
In 2014, the Obama administration issued guidance suggesting that discipline data often unveiled potentially discriminatory impacts on students of color. Federal data at that time showed African American students made up 15% of the student body but accounted for a significantly higher percentage of suspensions.
An American Psychological Association task force argued that these disparities were not due to differences in behavior but rather to factors like insufficient teacher training in classroom management and racial stereotypes.
Catherine Lhamon, who led the OCR under Presidents Obama and Biden, emphasized the importance of examining discipline rates through a racial lens, given the nation’s history. She noted that discriminatory discipline practices are a longstanding issue that remains persistent in schools.
Following the 2014 guidance, many school districts shifted towards keeping students in school and implementing restorative justice practices, which prioritize dialogue over punishment. This shift led to a decrease in suspension rates, particularly among Hispanic, Black, and disabled students.
The Backlash
Conservative critics argued that Lhamon’s guidance led schools to become lenient on disruptive students to avoid being accused of discrimination. Max Eden, a conservative commentator, criticized this approach, stating that it resulted in classrooms becoming more disruptive.
In 2018, the first Trump administration rescinded Lhamon’s guidance, and in 2023, Lhamon, returning under the Biden administration, reaffirmed the accountability schools could face if discipline data indicated racial disparities. However, a backlash continued amid rising classroom disruptions during the COVID-19 pandemic.
Classroom discipline became a topic during the 2024 presidential campaign, with the Republican platform advocating for revised discipline standards. In April 2025, President Trump signed an executive order reinstating “common sense” discipline policies.
Kimberly Richey, head of the OCR, argues that the previous approach led to unsafe and disruptive classrooms. The new guidance advises against considering race in discipline, labeling it discriminatory. Civil rights groups, however, maintain that examining discipline data is crucial for accountability and ensuring all students are treated fairly.
The Investigations
Fayetteville is one of two districts under investigation, the other being Milwaukee Public Schools. The reasons for selecting these districts remain unclear beyond the department’s press release. Milwaukee’s education leaders have been accused of framing neutral policies as reflecting systemic ‘whiteness’ and encouraging race consideration in discipline.
Fayetteville’s Superintendent Mulford states that while the district reviews discipline data, they do not advocate for leniency or severity based on group identity. He welcomes the investigation, hoping it will bring clarity and improvement if necessary.
