ARTICLE
2 May 2025

Executive Order: Reinstating Common-Sense School Discipline Policies

HK
Holland & Knight

Contributor

Holland & Knight is a global law firm with nearly 2,000 lawyers in offices throughout the world. Our attorneys provide representation in litigation, business, real estate, healthcare and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.
This executive order directs the U.S. Department of Education secretary to issue guidance within 30 days to ensure that school discipline policies comply with Title VI protections against racial discrimination.
United States Consumer Protection

Executive Summary

This executive order directs the U.S. Department of Education secretary to issue guidance within 30 days to ensure that school discipline policies comply with Title VI protections against racial discrimination. Enforcement actions will be taken against noncompliant agencies, and coordination with state leaders will begin within 60 days. The education secretary must report to the president on the status of discriminatory discipline practices, influence of federally funded nonprofits and propose model policies that are nondiscriminatory and aligned with traditional values. The U.S. Department of Defense secretary must also revise discipline codes for military families' schools.

Policy Actions

  • Within 30 days of the date of this order, the education secretary shall issue new guidance to local educational agencies (LEAs) and state educational agencies (SEAs) regarding school discipline and their obligations not to engage in racial discrimination under Title VI in all contexts, including school discipline.
  • The education secretary shall take appropriate action with respect to LEAs and SEAs that fail to comply with Title VI protections against racial discrimination in the application of school discipline.
  • Within 60 days of the date of this order, the education secretary and U.S. Attorney General shall initiate coordination with governors and state attorneys general regarding the prevention of racial discrimination in the application of school discipline.
  • Within 90 days of the date of this order, the defense secretary shall issue a revised school discipline code that appropriately protects and enhances the education of the children of America's military-service families.
  • Within 120 days of the date of this order, the education secretary shall submit a report to the president, through the Assistant to the President for Domestic Policy, regarding the status of discriminatory-equity-ideology-based school discipline and behavior modification techniques in American public education. The report shall include:
    • an inventory and analysis of the nature and consequences of all Title VI discipline-related investigations since 2009
    • an assessment of the role of nonprofit organizations that are federal grant recipients in promoting discriminatory-equity-ideology-based discipline and behavior modification techniques and recommendations to ensure that federal taxpayer funds do not flow to programs or activities, including those of nonprofit organizations, that promote discriminatory-equity-ideology-based discipline and behavior modification techniques
    • an assessment of discipline-related policies and curricular options that do not promote discriminatory equity ideology
    • model school discipline policies that promote common sense, protect the safety and educational environment of students, do not promote unlawful discrimination and are rooted in American values and traditional virtues

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More