Delaware Defies Federal School Discipline Order: What should they have done?

Delaware’s Milford School District appears to be operating as if the Reinstating Common Sense School Discipline Policies Presidential Executive Order does not exist. This federal directive explicitly rejects suspension thresholds and mandates that disciplinary decisions be based on student behavior rather than statistical quotas. Yet, Milford continues to adhere to state-mandated suspension thresholds, raising concerns about compliance with federal policy.

Ignoring Federal Policy

The executive order makes it clear that schools should not be bound by arbitrary thresholds when determining disciplinary actions. Instead, decisions should be made based on the severity of student misconduct. However, Milford Central Academy and Milford Senior High School have exceeded suspension thresholds for multiple student subgroups, including low-income students and students with disabilities.

Accountability for Decision-Makers

If students committed legitimate, suspendable offenses, then the school had a responsibility to take appropriate disciplinary action to maintain order and safety. This is the heart of the rationale behind the order.  The executive order emphasizes that disciplinary decisions should be left to the school based on student behavior—not statistical quotas. If Milford’s leadership failed to follow this directive, then they must answer for their actions.

What Should Have Been Done?

If the suspended students engaged in behavior that warranted disciplinary action and quotas were being approached, what should the school do-allow the behaviors to continue unchallenged? The executive order supports common-sense discipline that prioritizes student safety and classroom order and not these types of thresholds.  If the suspensions were unjustified, then the district’s leadership must be held responsible for issuing unjustified suspensions.  It must be one or the other.

Milford’s continued reliance on suspension thresholds raises concerns about whether Delaware is ignoring new federal mandates. The executive order was designed to ensure a safe and orderly learning environment in schools, yet Milford’s approach suggests a disconnect between their actions and the new federal policies. While Delaware is not alone in their situation, and many are challenging the legality of the new executive order and shift in federal policy, the fact is that they have openly admitted that they have such thresholds.  This is a direct misalignment with federal guidelines, which may result in further actions on the part of the federal government.