Will Flanders:

In the latest example of doubling down on bad policies, the Biden administration is currently seeking to restore Obama-era federal guidance that had severe consequences for student safety. According to recent reports, the policies under consideration would investigate schools based on their rates of discipline of students with disabilities and those from racial minority backgrounds. In the past, these investigations have led to the threats of federal lawsuits against school districts, and mandated a focus on reducing the rates of suspension for disabled and minority students.  

All of these policies are based on the woke narrative surrounding “disparate impacts.” Under this theory, even a policy that, on its face, is entirely race-neutral, is adjudged to be racist if it affects individuals from different races or backgrounds at different rates. This narrative has come to the forefront not only in education, but also in policing with countless headlinesnoting that minorities are arrested and incarcerated at higher rates for a wide variety of crimes.  

What is not allowed to be discussed is whether this is a result of true racism, or of differences in behavior that are correlated along race lines. Even though it is politically incorrect, most of the evidence points to the latter. The reality is that on objective measures where there is little or no possibility of racial bias, racial disparities still exist in the rates of anti-social behavior. 

For instance, research has found that African Americans are far more likely than their white peers to report having been in a fight at school, and more likely to face mandatory discipline where there is little room for discretion on the part of teachers and principals. There are many explanations for why this could be the case. The most likely is differences in poverty among white and minority students, which correlates very well with student discipline disparities. Indeed, extensive researchhas found that poverty rates are predictive of misbehavior regardless of student race. But whatever the reason, ignoring misbehavior is likely to lead to greater harm to the students it is designed to protect.