'Disparate Impact' Discipline Policy Criticized

Educators Say That the Policy Will Unfairly Burden Teachers and Schools

Washington

The Obama administration’s new efforts to reduce the overrepresentation of some racial and ethnic groups in school discipline cases came in for criticism this month at a public briefing before the U.S. Commission on Civil Rights .

Obama officials announced last spring that as well as looking for evidence of “different treatment,” or intentional discrimination against students in civil rights enforcement, federal officials also would examine “disparate impact,” disproportionate effects on a particular group by a policy though no intention of discrimination may exist. Federal officials have said that even with the new focus, an education agency would be found out of compliance only if an equally sound policy would have less of a disparate impact.

At the Feb. 11 briefing, Ricardo Soto, the deputy assistant secretary for the Education Department’s office for civil rights, elaborated on the office’s new policy, saying that the Obama administration is “using all the tools at our disposal,” including “disparate-impact theory,” to ensure that schools are fairly meting out discipline to students. Mr. Soto said the department recognizes “there is no universal, one-size-fits-all approach to discipline that will be right for every school or all students.” However, Commissioner Todd F. Gaziano, a conservative-leaning Independent on the eight-member commission, told Mr. Soto that he’s concerned about the administration’s...