By Lateefah S. Williams, Esq.
Last week, President Trump signed an executive order aimed at bringing back what he says is “common sense” to school discipline. The purported goal? To restore safety and respect to classrooms. But while the order focuses on race-based disciplinary approaches (in an improper manner, might I add), many education experts and legal commentators are asking: What does it do to students with disabilities?
Let’s break it down.
What does the Executive Order contain?
The order directs the U.S. Secretary of Education and the Attorney General to issue new guidance regarding school discipline within 30 days. It also asks them to examine whether school districts are violating Title VI of the Civil Rights Act by discriminating on racial grounds.
Interestingly, the executive order says nothing about students with disabilities. That’s concerning a lot of people—particularly special education experts. When fundamental changes are instituted in school discipline policies, students with disabilities, along with students of color, typically feel them first and most severely. Students of color with disabilities are at particular risk.
Why Special Education Advocates Are Worried
According to Special Ed Connection, Jose Martin, an education attorney, observed something important: The administration sees scrutinizing discipline data through a racial or disability lens as potentially ”discriminatory.” That may discourage school districts from exploring whether their policies disproportionately affect particular groups of students, such as students with disabilities.
If schools stop paying attention to the impact of their policies on students with disabilities, it could lead to more suspensions, expulsions, and other exclusionary discipline. These are the same impacts that earlier guidance tried to prevent—but now the Trump administration is trying to roll back that progress.
Exclusionary Discipline and Its Impact
Exclusionary discipline—like suspensions or expulsion—can be especially harmful for students with disabilities. These children may act out because of unmet needs or because the behavior is a direct consequence of their disability. Federal laws like the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act provide special protections. For example, if a student with disabilities is suspended from school for 10 or more days in the same school year, the school must perform a manifestation determination review to determine whether the misconduct was caused by the disability.
These protections have not vanished—even if this guidance is implemented. But if schools interpret the new guidance as an excuse to be stricter in discipline, they might push limits in a way that is detrimental to students with disabilities.
Restorative Practices May Be At Risk
The other concern is that efforts to curb abusive discipline, like restorative justice or behavioral interventions, will be shelved. Such efforts respond to underlying causes of behavior, which is especially helpful for students with disabilities. If the new federal approach discourages schools from paying attention to equity or disparity, schools might drop these efforts due to fear of negative consequences.
What Should Schools Do?
The executive order doesn’t change the law. Students with disabilities still have the same rights they’ve always had under IDEA and Section 504. And schools still must collect and report data on student discipline by race and disability status.
That being said, school administrators may want to begin examining their discipline policies. If your school includes language regarding racial or disability-based disparities, it could come under fire. That said, do not eliminate the language out of fear. Instead, schools should sit down with legal advisers to ensure that policies are both legal and equitable for all students.
Bottom Line
The new executive order does not necessarily target students with disabilities on its face, but the effect could be significant nonetheless. If exclusionary discipline increases and schools retreat from equity-based initiatives, students with disabilities could have a harder time getting equitable treatment. As always, schools must carefully balance keeping everyone safe while respecting the rights and needs of all students.
Now more than ever, it’s essential to be informed and active because all students should have an equal chance to learn, grow, and thrive. If you want to discuss this issue with an attorney, you can contact Shefter Law at ShefterLaw.com or (301) 605-7303.
