Today, the ACR Project submitted a comment in response to the Department of Education’s Request for Information in support of an anticipated change in the Department’s guidance on the “nondiscriminatory administration of school discipline.”
The Department’s version of the relevant history was tellingly incomplete, omitting facts important to a proper assessment of both the relevant social science and the state of the law. As the omissions are material, we briefly detail what OCR declined to include in the telling of this story, before turning to the legal infirmities of the guidance the Department seems driven to issue.
The ACR Project hopes the Department will consider these additional facts and the relevant law and will choose to issue guidance consistent with American law.
Our full comment is below.