The Justice Department announced a settlement agreement today to resolve its investigation into race and disability discrimination in Wichita Public Schools, Kansas' largest school district. Under the settlement, the district will revise practices to prevent discrimination in discipline and referrals of students to law enforcement, end the use of seclusion, reform restraint practices, and improve services to students with disabilities in certain schools and classrooms.
The department's investigation revealed that Black students were disciplined more frequently and severely than white students who engaged in similar conduct and had similar backgrounds. This pattern was most evident with subjective offenses such as insubordination, particularly affecting Black girls whose behavior was often characterized using stereotypical terms like "attitude" or "drama." The investigation also concluded that the district inappropriately secluded and restrained students with disabilities, relegating those with significant behavioral needs to inferior facilities with inadequate services.
"Black students inside our nation’s public schools should not have to face discipline or a referral to law enforcement because of their race. And students with disabilities should not have to experience the trauma of seclusion or improper restraint," said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. "Schools in our communities should not be a place of fear or mistrust. This agreement upholds our core principles of ending the school-to-prison pipeline and protecting our most vulnerable students against all forms of discrimination and segregation."
The school district fully cooperated with the investigation conducted under Titles IV and VI of the Civil Rights Act of 1964, Title II of the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act. The review uncovered discriminatory treatment of Black students at multiple schools, especially Black girls facing high levels of exclusion for perceived insubordination and dress code violations at certain middle schools. The investigation also found evidence of racial discrimination in referrals to law enforcement, where security officers escalated routine discipline matters resulting in unnecessary referrals.
Furthermore, it was concluded that inappropriate seclusion and restraint were used on students with disabilities for punitive reasons or noncompliance with school rules. During the period covered by the investigation, these students received over 98% of approximately 3,000 restraints and seclusions recorded by the district. One student experienced at least 144 incidents including 99 seclusions lasting over 15 hours total. Facilities for these students lacked appropriate interventions, furniture, educational equipment, decor commonly found in other schools, and adequately trained staff.
Under the agreement, Wichita Public Schools will:
- Develop a district-wide code of conduct.
- Standardize dress code policies.
- Create a behavior intervention protocol ensuring nondiscriminatory discipline administration.
- Monitor discipline administration at a district level.
- Limit law enforcement involvement to appropriate circumstances.
- Eliminate seclusion practices.
- Restrain only when behavior poses imminent danger.
- Document all restraints properly.
- Provide necessary interventions post-restraint.
- Staff specialized schools for disabled students appropriately.
- Offer counseling and compensatory education for repeatedly secluded students.
- Establish an office to monitor compliance regarding restraint practices until elimination.
Today marks the 60th anniversary of the Civil Rights Act of 1964. Enforcement under Titles IV and VI remains a priority for the Civil Rights Division. This agreement follows recent settlements under Title II addressing unlawful seclusion/restraint practices against disabled public school students.
Additional information about this initiative can be found on www.justice.gov/schoolseclusion as well as general information about civil rights efforts on www.justice.gov/crt.
Members may report potential civil rights violations at www.civilrights.justice.gov/.
View related documents:
[Cover letter sent to Wichita Public Schools - English]
[Cover letter sent to Wichita Public Schools - Spanish]
[Summary of settlement agreement - English]
[Summary of settlement agreement - Spanish]