Listen & Download

During President Obama’s second term, the U.S. Education Department began sharing studies indicating that black students were disciplined at higher rates than their white peers. These data were viewed as evidence of racial bias, and, in 2014, the Education and Justice Departments jointly published a resource package to help American schools “…promote fair and effective disciplinary practices that will make schools safe, supportive, and inclusive for all students,” (DOJ). 

Supporters applauded these steps from the federal government saying they reduced schools’ racial disparities in disciplinary decisions thereby curtailing the “school-to-prison pipeline.” Critics countered that the guidance misstated federal civil rights law, encouraged racial discrimination in the allocation of school discipline to produce demographic parity, and left classrooms less functional. 

The 2014 resource package was ultimately rescinded in 2018 under the Trump Administration, only to be largely restored by the Biden Administration. In May 2023, the Education and Justice Departments published a “Resource on Confronting Racial Discrimination in Student Discipline.”

What is the best path forward for appropriate and meaningful disciplinary decision making in American schools? How will our school children be best served? What does the evidence really show about race and school discipline? Please join us as an expert panel discusses the legal and educational contours of the most recent guidance on race and school discipline.   


Dr. Juan Del Toro, Assistant Professor, Department of Psychology, University of Minnesota

Max Eden, Research Fellow, American Enterprise Institute (AEI)

Kristen Harper, Vice President for Public Policy and Engagement, Child Trends

Dan Morenoff, Executive Director, American Civil Rights Project

[Moderator] Alison Somin, Legal Fellow, Center for the Separation of Powers, Pacific Legal Foundation


As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.