A new analysis is confirming what some New Jersey students and their families have long believed: the deck is stacked against them. A recent analysis of public data by the New Jersey Division on Civil Rights has revealed serious and shocking problems with unfair and unequal school discipline at New Jersey schools. The numbers are alarming and cast serious doubt on the fairness of the New Jersey educational system.

Systemic mistreatment and discrimination can have a long tail, affecting students long after they've left the classroom. Unfair treatment can impact their academic and professional future. Contact the Lento Law Firm at (888) 535-3686 or online.

Discriminatory Findings at New Jersey Schools

The report is a broad analysis of student disciplinary policies, including rates of suspension and referrals to law enforcement among even the youngest students shockingly—and disproportionately—high. This is true for all public school students, from kindergarten through high school.

New Jersey's Black students are suspended 3.3 times as often as white students. Latinx and multi-racial students are suspended at 1.5 times the rate of their white peers. And other categories don't fare any better. New Jersey students with disabilities are suspended at 1.7 times the rate of their non-disabled peers. And nationally, LGBTQ+ students are suspended 1.7 times as frequently as students who are cisgendered

New Jersey's Response

Faced with this very public and very negative report card, the state released a new “Guidance on Discrimination in School Discipline Compliance Checklist” designed to help schools navigate making the necessary changes to their schools' disciplinary rules. It requires staff to review, assess, revise, or draft new disciplinary policies, investigate all allegations against members of their faculty and staff, and regularly get feedback on their policies from staff, faculty, students, and their families.

The guidelines address the environment that schools provide for learning to foster a space that removes impediments to participation. They effectively warn schools against policies that penalize students for their hairstyles, including dreadlocks and cornrows, or other policies that disproportionately target Black students, like policies forbidding “Black Lives Matter” t-shirts.

The guidelines also draw attention to policies that can be discriminatory against students with disabilities, for example, restraining or secluding them or requiring psychological evaluations. These kinds of impediments to learning create an unequal and unfair learning environment.

Schools are now tasked with examining their discipline policies and making changes.

Can New Jersey Correct Its Course?

New Jersey is taking the negative report seriously and attempting to get back on course. Whether that can happen by putting the responsibility on the shoulders of school administrators remains to be seen.

If you feel that your student has been mistreated in a New Jersey school, the Lento Law Firm can help. The Student Defense Team at the Lento Law Firm have advised many parents of students who have faced disciplinary problems.

Call the Lento Law Firm at (888) 535-3686 or contact us online to schedule a consultation.