Overview:

President Trump's executive order to disregard race and equity in school discipline has been criticized by educators and advocates for disproportionately punishing Black students. Black students are already overrepresented in disciplinary actions, with 35% of all out-of-school suspensions, 34% of expulsions, and 33% of school-related arrests. Fuller argues that representation alone is not enough and advocates for restorative justice practices and creative strategies to protect Black students. He urges educators to remain focused on their students' humanity and to be courageous and creative in their efforts to protect Black children from punishment.

Itโ€™s no secret that Black students are the most disproportionately punished group in American public schools. According to the latest Civil Rights Data Collection released earlier this year, Black students were overrepresented in every disciplinary school action compared to their counterparts.ย 

Now, experts say, President Donald Trump could make things worse with the stroke of a pen. His latest executive order, โ€œReinstating Common Sense School Discipline Policies,โ€ instructs schools to disregard race or equity in disciplinary decisions and directs the DoE to roll back federal guidance that tied school funding to fair student treatment.

While the White House claims the move will restore order to unmanageable classrooms, educators and advocates warn it will hit Black students the hardest.

โ€œWhat Trump has done with this so-called โ€˜common senseโ€™ approach is allow schools to go back to disproportionately punishing Black students โ€” but without accountability,โ€ says Brian Rashad Fuller, associate provost at The New School and author of โ€œBeing Black in Americaโ€™s Schools.โ€ โ€œThere is no such thing as race-neutral discipline.โ€

RELATED: Black Students Are Punished More, Then Expected to Succeed

A System Already in Crisis

Decades of research show that Black students are more likely to be punished for subjective offenses deemed as โ€œdefiantโ€ or โ€œdisruptiveโ€ compared to their white peers who engage in similar actions. The latest Civil Rights Data Collection found that Black students areย  15% of the nationโ€™s K-12 student population but account for 35% of all out-of-school suspensions, 34% of expulsions, and 33% of school-related arrests.

A comparison of data from the 2020โ€“21 and 2021โ€“22 CRDC reports shows a troubling trend: the percentage of school-related arrests involving Black students increased from 31% to 33%, while the proportion of Black boys subjected to corporal punishment rose from 18% to 20%.

โ€œWe know that the more students come in contact with school-based discipline and law enforcement, the more likely they are to end up in the juvenile justice system,โ€ Fuller says. โ€œThis isnโ€™t new. But whatโ€™s terrifying is that [Trumpโ€™s] order removes even the suggestion that we should be monitoring racial disparities.โ€

A New Weight for Black Kids to Carry

Fuller describes the psychological toll that lies beyond the data โ€” what he calls a โ€œterrible weightโ€ Black children are forced to bear, built on adult suspicion and institutional neglect.

As a child, he remembers adopting silence in school as a survival tactic: not participating in class and not engaging with teachers, hoping to avoid punishment. For other children, he says, the pain and pressure of bearing that weight can lead to acting out in class or simply disengaging.

โ€œWhen youโ€™re a Black boy in school and you see kids who look like you constantly getting punished, you internalize that youโ€™re a problem,โ€ he says. โ€œIt doesnโ€™t matter how well youโ€™re doing in class. You start carrying this weight that says, Youโ€™re dangerous, youโ€™re disruptive, youโ€™re disposable.โ€

Fuller also argues that the mental health crisis among Black youth โ€” borne out in rising suicide rates โ€” canโ€™t be separated from these disciplinary environments.ย 

โ€œWe act like these are different issues, but theyโ€™re not,โ€ he adds. โ€œDiscipline, bias, policing โ€” itโ€™s all connected to how Black kids see themselves and how society sees them.โ€

RELATED:ย More Than Numbers: The Harsh Discipline of Black K-12 Girls

Representation Alone Isnโ€™t the Answer

Numerous studies have shown that Black students are less likely to be suspended or expelled when they have at least one Black teacher. Research from Johns Hopkins University found that having just one Black teacher in elementary school can reduce a Black studentโ€™s risk of dropping out by up to 39%. Yet Black teachers account for justย  7% of the national teaching workforce.ย 

However, while representation matters, Fuller says it must come with careful reflection.

โ€œBlack educators can still uphold white supremacist practices if they havenโ€™t unlearned the trauma theyโ€™ve internalized,โ€ he said. โ€œIโ€™ve been that teacher before. You think youโ€™re helping, but youโ€™re enforcing respectability and control. Thatโ€™s not liberation.โ€

Instead, he advocates for restorative justice practices rooted in community-building and trust โ€” approaches that traditional public schools often underfund or dismiss. But without federal backing or local investment, alternative disciplinary strategies will remain the exception rather than the rule.

We Have to Be the Resistance

Fuller says the answer to Trumpโ€™s executive order is courage.ย 

โ€œWe may not be able to change the federal policy right now, but we can protect our classrooms,โ€ he says. โ€œWe can be creative and donโ€™t have to call it โ€˜racial equityโ€™ to still do the work. Call it โ€˜relationship-building.โ€™ Call it โ€˜community standards.โ€™ Just do it.โ€

Fuller also urges educators to remain focused on their studentsโ€™ humanity: โ€œTrump doesnโ€™t have the power here. We do,โ€ Fuller says. โ€œWe are the ones in the room and we decide whether Black children are punished or protected.โ€

And, he adds, the fight isnโ€™t over; itโ€™s just entering a new chapter.

โ€œBe courageous. Be creative. And never forget who youโ€™re doing this for,โ€ he said. โ€œWe are the protectors. We are the resistance.โ€

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