The Department of Justice and Department of Education what we have known to be true for a long time: yes, race discrimination in school discipline is a real problem.
At an event with Secretary of Education Arne Duncan and Attorney General Eric Holder, the Departments jointly announced the release of this long awaited . Secretary Duncan :
Positive discipline policies can help create safer learning environments without relying heavily on suspensions and expulsions. Schools also must understand their civil rights obligations and avoid unfair disciplinary practices.
Attorney General Holder the Secretary Duncan's strong support:
A routine school disciplinary infraction should land a student in the principal's office, not in a police precinct. This guidance will promote fair and effective disciplinary practices that will make schools safe, supportive and inclusive for all students.
The addresses issues for which the ACLU has long advocated. Some of the for schools include:
- Training all school staff to apply school discipline policies and practices in a fair and equitable manner so as not to disproportionately impact students of color, students with disabilities, or at-risk students.
- Ensuring that school-based law enforcement are not involved in minor disciplinary matters.
- Ensuring that schools that do not have campus-based security avoid involving law enforcement or encouraging law enforcement techniques, such as arrest, citations, tickets, or court referrals in routine disciplinary matters.
- Prioritizing the use of evidence-based prevention strategies to promote positive student behavior.
- Instructing them that federal civil rights laws prohibit both different treatment and disparate impact based on race in the application of school discipline.
This guidance is sorely needed. With the rise of law enforcement in our schools, the proliferation of zero-tolerance policies, and misuse of exclusionary school discipline, our nation's school discipline policies are fueling the school-to-prison pipeline by pushing children out of school. Research shows that African American students are than white students for the same offenses. Students with disabilities are also inappropriately and disproportionately disciplined. For example, according to Department of Education African American students comprise 15 percent of students in the collected data, but are 35 percent of the students who receive one suspension and nearly half of the students 44 percent who are suspended more than once. Over 50 percent of students in school related arrests or who are referred to law enforcement are black or Latino. Students with disabilities make up 14 percent of students in the collection, but are 76 percent of students who are physically restrained by adults in their schools.
Now, we have groundbreaking federal guidance instructing schools on their obligation to comply with our civil and human rights laws (and an Administration committed to enforcement), which will help all school districts end these misguided, discriminatory policies. We commend the Departments of Justice and Education for taking this groundbreaking step.
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Press ReleaseDec 2024
Racial Justice
ACLU Statement on House AI Task Force ReportACLU Statement on House AI Task Force Report
WASHINGTON — Today, the House Task Force on Artificial Intelligence (AI) issued its final report, marking an important step in recognizing the serious risks of discrimination and bias posed by AI systems — particularly in law enforcement’s use of facial recognition technology. The report recognizes that discrimination and bias may arise in AI systems due to their design, training data, or failures by end users. The report also investigates the complex considerations around deepfakes, open AI systems, and free speech, and urges Congress to pass narrow legislation to address concrete harms. In response to the House AI Task Force final report, Cody Venzke, senior policy counsel at the American Civil Liberties Union, issued the following statement: “The ACLU commends the Task Force for recognizing that AI systems are harming people right now through discriminatory outcomes and supercharged surveillance. Curbing those abuses of AI is not a partisan issue, and more concrete action is needed to protect civil rights, while maintaining states’ authority to build on those protections. The Task Force is appropriately cautious when wrestling with issues around deepfakes, open-source AI, digital identity, and other issues, recognizing that legislators should consider a wide array of tailored tools to address real, not speculative, harms while respecting civil rights and civil liberties.” The House Task Force on Artificial Intelligence report can be found here. -
News & CommentaryDec 2024
Racial Justice
Human Rights
Why the Fight for Racial Justice is a Human Rights IssueWhy the Fight for Racial Justice is a Human Rights Issue
On International Human Rights Day, the ACLU is advocating for a long-sought after reparatory justice to end the continued abuses against Black and brown communities. -
Press ReleaseOct 2024
National Security
+2 Issues
ACLU Warns that Biden-Harris Administration Rules on AI in National Security Lack Key ProtectionsACLU Warns that Biden-Harris Administration Rules on AI in National Security Lack Key Protections
WASHINGTON — The Biden-Harris administration today released its National Security Memorandum on Artificial Intelligence (AI), establishing guidelines for how the U.S. government uses AI in national security programs, such as counterterrorism, intelligence, homeland security, and defense. The use of AI to automate and expand national security activities poses some of the greatest dangers to people’s lives and civil liberties. Agencies are increasingly exploring the use of AI in decisions about who to surveil, who to stop and search at the airport, who to add to government watchlists, and even who is a military target. While the government’s policy includes some important steps forward — such as requiring national security agencies to better track and assess their AI systems for risks and prohibiting a subset of dangerous AI uses — it falls far short in other critical areas, leaving glaring gaps with respect to independent oversight, transparency, notice, and redress. The policy imposes few substantive safeguards on a wide range of AI-driven activities, by and large allowing agencies to decide for themselves how to mitigate the risks posed by national security systems that have immense consequences for people’s lives and rights. As we have repeatedly seen before, this is a recipe for dangerous technologies to proliferate in secret. “Despite acknowledging the considerable risks of AI, this policy does not go nearly far enough to protect us from dangerous and unaccountable AI systems. National security agencies must not be left to police themselves as they increasingly subject people in the United States to powerful new technologies,” said Patrick Toomey, deputy director of ACLU’s National Security Project. “If developing national security AI systems is an urgent priority for the country, then adopting critical rights and privacy safeguards is just as urgent. Without transparency, independent oversight, and built-in mechanisms for individuals to obtain accountability when AI systems err or fail, the policy’s safeguards are inadequate and place our civil rights and civil liberties at risk.” For years, the American Civil Liberties Union has been urging far stronger safeguards and transparency about the AI tools that national security agencies are deploying, the rules constraining their use, and the dangers these systems pose to fairness, privacy, and due process. -
Press ReleaseOct 2024
Racial Justice
ACLU Comment on the Department of Labor’s AI Guidelines for Employers and VendorsACLU Comment on the Department of Labor’s AI Guidelines for Employers and Vendors
WASHINGTON — Yesterday, the U.S. Department of Labor (DOL) released a roadmap for artificial intelligence (AI) best practices, designed to ensure that emerging technologies such as AI enhance job quality, benefit workers, and comply with existing employment laws when they are used in the workplace. The best practices, pursuant to President Biden’s executive order on the development and use of AI, include recommendations for AI system developers and employers that prioritize workers’ experiences and empowerment throughout the entire AI lifecycle – from design to use and oversight. These practices also call on employers and developers to create standards and processes to identify and mitigate risks from AI systems, such as threats to health and safety, civil rights, privacy, fair labor rights, and labor organizing prior to a developer marketing them or an employer deploying them, and recommend turning to different systems when sufficient mitigation is not possible. “We applaud DOL for issuing best practices for use of AI that center workers’ empowerment, civil rights, privacy, and safety protections and call on developers and employers to adopt critical guardrails in developing, procuring and using AI systems. Employers and developers should take note, as many have been burying their heads in the sand on their risk of legal liability with respect to AI tools,” said Olga Akselrod, senior staff attorney of the ACLU Racial Justice Program. “Following these best practices for AI can help employers and developers ensure that they do not violate existing civil rights and other employment laws that protect workers.” The best practices also recommend transparency measures through conducting and publishing impact assessments, notice and recourse for impacted workers, and measures to minimize worker displacement. The DOL also stated that employers should minimize electronic monitoring and avoid unnecessary collection or retention of worker data.