Discipline by race

Racial quotas in school discipline could be coming to Maryland, writes Hans Bader in the Examiner.

“As a lawyer who used to bring civil-rights cases for a living, I am very disturbed” by the Maryland State Board of Education’s proposed school discipline policy, Bader writes.

This proposed rule violates the Equal Protection Clause of the Constitution by pressuring schools to discipline students based on their race, rather than their individual conduct and the content of their character.

. . . (The rule) would require school systems to discipline and suspend students in numbers roughly in proportion to their racial percentage of the student body, and require school systems that currently don’t do so to implement plans to eliminate any racially “disproportionate impact” over a three-year period. Thus, it is imposing quotas in all but name.

The Obama administration has supported the use of “disparate impact” to evaluate school discipline policies.

The Maryland board also wants schools to discipline special education students — including those diagnosed with behavioral disorders — at the ame rate as other students. However, there’s no plan for gender balance in school discipline.

Of course, reducing out-of-school suspensions makes a lot of sense, if it can be done without threatening the safety of other students.

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