LOUISVILLE, Ky. (WDRB) -- Discriminatory student discipline within Kentucky's largest school district is under the microscope after an 11-year investigation by the U.S. Department of Justice.

The DOJ's Office for Civil Rights said Thursday it had "resolved a compliance review" of Jefferson County Public Schools.

The office was looking into whether JCPS discriminates against Black students by disciplining them more often or more harshly than white students.

Officials said their investigation found "persistent race disparities in discipline" during the course of the years it reviewed. Additionally, the review found "similarly situated" Black and white students were treated differently at the "referral and sanctioning stages of the discipline process" and that Black students were "subjected to harsher discipline than similarly situated white students."

The OCR provided examples of Black students being more likely to receive an out of school suspension for their first infraction in the school year compared to white students. Additionally, the office said records from JCPS showed Black students were subjected to "exclusionary discipline" while white students "were allowed, for the same offense, the opportunity to apologize, engage in a restorative practice, or otherwise meet with district staff."

Black and white students, the OCR said, attended JCPS in "roughly equal proportion" during the 2021-22 school year, with Black students making up 37% of the district compared to white students, who made up 39% of the district. The report found 55% of Black students received a disciplinary referral at least once, compared to 27.1% of white students over the course of that school year. 

In a statement following the release of these findings, JCPS said it signed a "voluntary agreement" with the DOJ's Office of Civil Rights to make several improvements to resolve a review of discipline practices to move forward with their "shared goal of providing a disciplinary system for all students based on data, training, fairness and equity."

Superintendent Dr. Marty Pollio acknowledged what he calls a "disproportionality in the disciplining of students."

"But we have proven we are serious about racial equity and making the changes necessary to provide a positive learning environment for every student," Pollio said in the district's statement. "We pledge to continue this work."

The DOJ review dates back to 2013, after a complaint was filed. Since then, JCPS officials said they've handed over more than 75,000 documents to the DOJ's Office of Civil Rights. During that time, the district reports making several changes, including behavior interventions and a racial equity policy.

As part of Friday's statement, the district provided improvements that had been "praised" by the OCR:

  • Six Essential Systems — a framework of interconnected practices that create a common instructional language across the district.
  • Positive Behavior Interventions and Support (PBIS) — a multi-tiered system using data, measurable outcomes, practices that outline appropriate student behavior and holding staff accountable for implementing practices which creates a proactive, positive environment encouraging positive student behavior instead of a reactive and punitive response.
  • Racial Equity Policy — a nationally recognized policy with the infrastructure and culture to ensure all students have the support needed to succeed regardless of race, ethnicity, nationality, or first language spoken.

But there are several things the district still has to do under the agreement with the DOJ:

  • Continue reviews of its Student Support and Behavior Intervention Handbook and recommend any proposed revisions for OCR approval with a goal of having any revisions in place by the start of the 2025-26 school year.
  • Continue to collect data on student discipline with more detailed and consistent information about behavior incidents and submit to OCR for review.
  • Submit annual reports to OCR showing the District has made progress in correcting the concerns raised by OCR including a review of the effectiveness and implementation of disciplinary policies, analyzing discipline data, and identifying staff with referral numbers that suggest unfair treatment of some students
  • Continue to provide annual training for staff involved in disciplinary decisions.
  • Revise and provide specifics on length of alternative placement for students with Level 4 offenses.
  • Continue to provide information to parents and students on the District’s Student Handbook.
  • Continue to measure student and staff perceptions of school discipline through climate surveys.
  • Analyze whether some students may need compensatory education.

"It does seem as though there are good things to be able to lift up out of the report. That data, unfortunately, remains unchanged," said Lyndon Pryor, president of the Louisville Urban League — a local nonprofit civil rights organization. "What was happening in 2014 versus what was going on in 2022, the data is unfortunately pretty much unchanged. We've got to see real impact and transformation if we're really going to be satisfied with what's going on here."

The Louisville Urban League is a nonprofit community service organization that works to eliminate racism and its impacts on the community.

Pollio said the district will continue working toward a positive learning environment. 

To read the resolution agreement between JCPS and the DOJ's OCR, click here.

To read the letter of resolution, which outlines concerns, suggested revisions and more sent to JCPS by the OCR, click here.

This story may be updated.

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