Racial Gap In Discipline At Hinsdale D-86: Report

DARIEN, IL – Hinsdale High School District 86 officials were warned Thursday that their discipline plan could open the district to civil rights lawsuits.

At Thursday's school board meeting, the administration presented a state-mandated report on how it plans to deal with racial disparities in discipline. Data shows students of color are more likely to be disciplined than their white classmates, according to the district.

District 86 is in the top 20 percent of districts statewide with such an issue. Because of that, it must submit a plan.

Much of the plan dealt with remedies for disciplinary issues outside of suspensions.

During public comments, attorney Anne Huber, a district resident, said she was fine with most of the plan. But she said she was concerned with the part that said the central office would distribute discipline referral data to Central and South high schools.

"The indication is that the principals are going to use that data to skew the numbers, and I would caution you against that because you have an equal protection problem if that happens," Huber said.

She said the plan should include a statement that the district would issue discipline without regard to race, religion, ethnicity, sex or sexual preferences.

"Without this savings clause, the district can adjust its racial disproportionality simply by disciplining more white students and ignoring other offenses," Huber said. "If the district chooses to do that, then it violates the equal protection clause," which is part of the 14th Amendment to the Constitution.

That could result in civil rights lawsuits, she said.

When the board discussed the plan, members Jeff Waters and Debbie Levinthal both noted Huber's comments.

Waters said he was concerned the district would base discipline on race or other categories.

"If it were to be handled in that capacity, the district would be opening itself to excessive liability," he said. "To me, it's a clear violation of the 14th Amendment's equal protection clause."

The district must send a plan to the state by June 1.

Deb Kedrowski, the district's administrative chief of staff, suggested the board approve the document pending a legal review.

Board President Erik Held agreed with the idea.

The board voted 6-0 for the plan. Waters abstained, saying he wanted to wait for the outcome of the review.