State Attorneys General Split on Reinstating Obama’s Race-Based School Discipline Guidance

Attorneys general in more than half the states are starkly divided on how to view alleged racial disparities in school discipline, filing competing briefs in a Department of Education proceeding that drew nearly 2,700 comments.

Arizona led a coalition of 15 states to oppose the reinstatement of the Obama administration’s “disparate impact” guidance, which said statistical differences between the races in school discipline could serve as the basis for a federal civil rights investigation.

Michigan led an opposing coalition of 15 states to argue that the 2014 guidance should not only be reinstated, but expanded to include disparities in discipline by sex, sexual orientation, gender identity and disability.

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Biologically Male Middle School Student Can Run on Girls’ Cross Country Team, Judge Rules

Man running on a gravel road during the day with a blue shirt on

A biologically male middle school student may run on a girl’s cross country team this fall in spite of West Virginia’s new law banning biological males from women’s sports, U.S. Circuit Judge Joseph R. Goodwin ruled Wednesday.

Lawyers from the ACLU-West Virginia had argued that HB 3293 would unfairly prevent the 11-year-old student, Becky Pepper-Jackson, from participating on a girls cross country team.

Goodwin issued a preliminary injunction Wednesday allowing Pepper-Jackson to “sign up for and participate in school athletics in the same way as her girl classmates.”

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