Obama Admin’s School Guidelines Criticized By Legal, Education Experts

"Hans Bader, Senior Attorney with the Competitive Enterprise Institute (CEI) and former staff attorney in the DOE’s Office for Civil Rights, said in an email statement to Breitbart News, “There is something ironic about Education and Justice Department officials who have not been in a classroom in many years lecturing teachers about ‘classroom management, conflict resolution and approaches to de-escalate classroom disruptions.’”

Bader, who wrote extensively about the DOE’s investigation of the Oakland Unified School District over “racial disparities” and “disparate impact,” told Breitbart News, “The only practical way for a school system to comply with the Education Department’s demands is to adopt a de facto racial quota in discipline. But this itself puts the school system in legal jeopardy, since at least one federal appeals court has said that schools cannot use racial targets or quotas for school discipline, since that violates the Constitution’s Equal Protection Clause.”

Bader added that in the case of People Who Care v. Rockford Board of Education, the court ruled that “a school cannot use race in student discipline to offset racial disparities not rooted in school officials’ racism (so-called “disparate impact”).”

“Thus, school officials are now legally on a razor’s edge,” Bader said."