[NOTE: This post has been UPDATED.]
The Daily Caller calls attention to a January 8 letter from the Department of Justice and the Department of Education to schools nationwide warning them that if they vary from proportional punishment of students based on race they may be committing civil rights violation.
Intentional discrimination, i.e., “different treatment,” based on race is clearly illegal, but the departments go much farther. In the section on “Disparate Impact,” the letter states:
Schools also violate Federal law when they evenhandedly implement facially neutral policies and practices that, although not adopted with the intent to discriminate, nonetheless have an unjustified effect of discriminating against students on the basis of race. The resulting discriminatory effect is commonly referred to as “disparate impact.”
Is there anyone left who still believes that the election of a black president would get us beyond the federal government imposing race-based policies?
UPDATE [13 Jan.]
See the excellent discussion of this offensive and quite possibly illegal Obama administration “guidance” by Hans Bader.
And here’s an additional point to ponder. As Bader notes, quoting the DOJ/DOE memo to schools, “[t]he administration made clear that it views racial disparities in student discipline rates, which exist in virtually all school systems, as generally being the product of racism by school officials, not ‘more frequent or more serious misbehavior by students of color.’” In other words, the Obama administration obviously believes that teachers all over the country are engaging in racial discrimination.
Why, then, do the Democrats so avidly seek the support of those racist teachers, and why do the teachers’ unions support with so much money and so many votes a party that believes they’re all racists?