President Donald Trump has signed an executive order that could challenge California’s law banning suspensions for “willfully defiant” conduct in schools. This directive, signed on April 23, aims to address what Trump describes as “discriminatory equity ideology” in school discipline policies. The order has caused confusion among educators and legal experts in California, who see it as part of a broader attack on diversity, equity, and inclusion initiatives.
California’s current discipline policy, which prohibits suspensions for minor infractions like dress code violations or using a cellphone in class, was designed to address the disproportionate impact of such suspensions on Black, Latino, and Indigenous students. The state has shifted towards conflict resolution and counseling to manage student behavior. However, Trump’s order criticizes previous Democratic administrations for encouraging policies that he claims lead to racial discrimination by focusing on racial characteristics rather than objective behavior.
According to the Los Angeles Times, the executive order directs the Education Department to discard the “disparate impact theory,” which argues that neutral policies can adversely affect certain racial groups. Education Secretary Linda McMahon is tasked with creating new guidelines within 30 days and reporting on “discriminatory-equity-ideology-based school discipline” within 120 days.
California Attorney General Rob Bonta’s office is reviewing the order for legal compliance, while the California Department of Education remains committed to its equity-focused policies. The department emphasizes that addressing student discipline through an equity lens is crucial to ensuring fair treatment for all students, regardless of race or ethnicity.
The executive order has drawn criticism from education advocates who argue it could lead to increased punishment for students of color and those with disabilities. EdSource reports that experts expect further actions from the Trump administration on school discipline, potentially challenging the legality of California’s approach.
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