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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
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receive harsher and longer punishments than their white peers receive for like offenses.7
OCRs Civil Rights Data Collection CRDC: OCRs most recent analysis of discipline data from the 201718 CRDC
shows that these racial disparities persist. In particular, the data show that students of color are disproportionately subjected to disciplinary actions in contrast to their White peers.8 With respect to referrals to law enforcement, which includes school-based arrests and the issuance of citations and tickets, CRDC data revealed that in 201718, Black students represented only 15
percent of the total student enrollment but accounted for 29 percent of all students referred to law enforcement almost twice their share of overall student enrollment. White students, on the other hand, accounted for 47 percent of total student enrollment in 201718, but only 38 percent of referrals to law enforcement.
These disparities in referrals to law enforcement are apparent in the treatment of students with disabilities as well. Students served under the Individuals with Disabilities Education Act IDEA 9 represented 13 percent of total student enrollment but 27 percent of students referred to law enforcement in 201718. During that school year, Black students with disabilities represented 18 percent of all students provided services under IDEA but 32
percent of those who were referred to law enforcement.
With respect to other exclusionary discipline practices, CRDC data from 201718 show that Black students represented 38 percent of students who received one or more out-of-school suspensionsover two times their share of overall student enrollment 15
percent. In addition, Black students accounted for 36 percent of all expulsions and 33 percent of students who were expelled without educational 7 U.S. Commission on Civil Rights, BEYOND
SUSPENSIONS: Examining School Discipline Policies and Connections to the School-to-Prison Pipeline for Students of Color with Disabilities, 161
July 23, 2019, https www.usccr.gov/pubs/2019/
07-23-Beyond-Suspensions.pdf.
8 In 201718, 50.9 million students were enrolled in pre-K through grade 12 in public schools across the country. The data and all percentages are from the 201718 CRDC released in October 2020 and updated in May 2021. Downloadable data files of information from the CRDC are available at https
www2.ed.gov/about/offices/list/ocr/docs/crdc-201718.html. The definitions used by the CRDC can be found at https crdc.communities.ed.gov/
communities/pdc/documents/17270.
9 The Office of Special Education Programs OSEP in the Departments Office of Special Education and Rehabilitative Services OSERS
administers the IDEA. For information about the IDEA, please see osep.communities.ed.gov and www.ed.gov/osers/osep/index.html.

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services.10 By contrast, White students accounted for 47 percent of overall student enrollment but received comparatively fewer expulsions: 36
percent of all expulsions and 41 percent of students who were expelled without educational services. American Indian or Alaska Native students received expulsions at rates 1.1 percent and 1.8
percent, respectively that were slightly higher than their share of total student enrollment 1.0 percent.
Disparities worsen when you examine the intersection between race and sex.
According to the 201718 CRDC data, Black girls were the only group across all races or ethnicities for girls where a disparity in school suspensions was observed. Black girls accounted for 11.1
percent of in-school suspensions and 13.3 percent of out-of-school suspensions, which is almost two times their share of total student enrollment of 7.4 percent. Black boys accounted for 7.7 percent of total student enrollment and received both in-school suspensions and out-of-school suspensions at rates 20.1 percent and 24.9 percent, respectively almost three times their share of total student enrollmentthe largest disparity across all race/ethnicity and sex groupings.
Students with disabilities were also overrepresented in exclusionary disciplinary actions as shown by CRDC
data from 201718. Despite representing only 13 percent of the student population, they represented 25 percent of all students who received one or more out-of-school suspensions and 15
percent of those who were expelled without educational services in 2017
18. Black students with disabilities represented 26 percent of expulsions without educational services although they accounted for only 18 percent of all students provided services under IDEA
in 201718.
C. Commitment to Equity and This Request for Information On January 20, 2021, President Joe Biden issued an Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government to affirm the Administrations policy of and commitment to pursuing a 10 The 201718 CRDC collected expulsions data for students who were expelled with education services, students who were expelled without educational services, and students who were expelled under zero-tolerance policies. A zerotolerance policy is a policy that results in mandatory expulsion from a students regular school for the remainder of the school year or longer if the student commits one or more specified offenses. Examples of specified offenses include those involving guns or other weapons, violence, or similar factors, or combinations of these factors.

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comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. 11
Consistent with this approach, OCR is issuing this notice to solicit information on school climate and discipline practices in our nations schools serving students in pre-K through grade 12, and how best to support and build schools capacity to promote positive, inclusive, safe, and supportive school climates in a nondiscriminatory manner.
II. Solicitation of Comments A. Information Solicited The Department requests information from students, families, educators, school leaders, SEAs, LEAs, community-based organizations, civil rights organizations, and other stakeholders regarding the ongoing discipline challenges in our nations schools. OCR is also interested in learning about discipline issues arising during this unprecedented time of school closures, virtual learning, hybrid learning, and reopening schools during the COVID19 pandemic, as well as promising practices for addressing student discipline and creating positive school climates in these unique learning environments.
In particular, OCR is soliciting responses to the questions and requests below in the form of written comments to inform determinations about what policy guidance, technical assistance, or other resources would aid schools serving students in pre-K through grade 12 in providing positive, inclusive, safe, and supportive school climates and ensuring the nondiscriminatory administration of school discipline under the laws OCR enforces.
B. Instructions for Responding to This Request for Information When responding to this request for information, please be as specific as possible in your comments. If you are aware of any supportive research qualitative or quantitative or promising schoolor community-based programs, please include citations, websites, or other information that might enable OCR to follow up on the information you have shared.
OCR recognizes students may experience multiple forms of 11 Executive Order 13985 On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government January 20, 2021, available at https www.federalregister.gov/
documents/2021/01/25/2021-01753/advancingracial-equity-and-support-for-underservedcommunities-through-the-federal-government.

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