"In early 2014, the Department of Justice and Education issued guidelines pressuring public school districts to adopt racial quotas when disciplining children. The basis for this guidance was studies showing that black children were over three times more likely to face serious punishment--suspension or expulsion--for misbehaving at school. The government concluded that school districts were engaging in massive illegal discrimination against black students. In fact, however, the government had no basis for its conclusion. The Supreme Court has explicitly stated that racial disparities in punishment do not by themselves prove discrimination, as they may just be consistent with the underlying rates of misbehavior by each group. There are no valid statistics (and the government hasn't cited any) from which one can infer that black students and white students would be expected to engage in serious misbehavior in school at the same rate. Unless there is some reason to expect kids to behave completely differently at school than outside of it, the school discipline figures are in line with what one would expect. African-American minors are arrested outside of school for violent crime at a rate approximately 3.5 times their share of the population. Moreover, as former Department of Education attorney Hans Bader notes, the government's own statistics show that white boys were over two times as likely to be suspended as their peers of Asian descent. By the government's logic, this means, absurdly, that school districts must be discriminating against white students and in favor of Asians. As of this writing, Minneapolis education authorities have announced their intention to end the black/white gap in suspensions and expulsions, a plan that struck many observers as announcing the imposition of quotas on school discipline."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Academics from the United StatesNon-fiction authors from the United StatesEducators from the United StatesJews from the United StatesBloggers from the United States
Original Language: English
Available Languages (1)
Sources
Imported from EN Wikiquote
https://en.wikiquote.org/wiki/David_Bernstein
Revision History
No revisions have been submitted for this quote.
Categories
David Bernstein
David E. Bernstein (born 1967) is a law professor at the George Mason University School of Law in Arlington, Virginia, where he has taught since 1995. His primary areas of scholarly research are constitutional history and the admissibility of expert testimony. Bernstein is a contributor to the legal blog The Volokh Conspiracy. Bernstein is a graduate of the Yale Law School, where he was a John M. Olin Fellow in Law, Economics and Public Policy, a Claude Lambe Fellow of the Institute for Humane S
8 quotes on TrueQuotesView all quotes by David Bernstein →
Related Quotes
"Pooling people in race silos is akin to zoologists grouping raccoons, tigers, and okapis on the basis that they are a…"
"Researchers discovered that for a given cohort of law school graduates, there was a massive disparity between those w…"
"Some former Bush officials, however, believed that the Justice Department's failure to pursue the New Black Panther P…"
"[P]olitical speech does not lose First Amendment protection "simply because its source is a corporation". Otherwise, …"
"A college student who wants to file a complaint of sexual assault within the campus disciplinary system informs a uni…"
"OCR [US Department of Education's Office of Civil Rights] also states that a "school should also ensure that hearings…"
"[T]he Constitution was built for deliberation, not for speed. The Founding Fathers sought to create a system of check…"
"Scientific education is catholic; it embraces the whole field of human learning. No student can master all knowledge …"
"Honest investigation is but the application of common sense to the solution of the unknown. Science does not wait on …"
"Years of drought and famine come and years of flood and famine come, and the climate is not changed with dance, libat…"