It may be typical for any kid who is punished for their behavior to think that their treatment was ‘unfair’ and that their school is punishing them harder than for classmates who have committed similar infractions, and a government analysis finds that some kids really are being treated differently.

Black girls and girls who are identified as LGBTQ get harsher treatment than their peers for the same behaviors, the investigation finds, and it’s affecting how they learn.

Studies seeking the most effective ways to correct this still have mixed results on what works.

The U.S. Government Accountability Office Releases Analysis Results

The government’s routinely collected data demonstrated that girls across the country are facing significant challenges, including being targeted for violence, struggling with mental health, turning to substance abuse, and suffering suicidal thoughts. The Accountability Office examined factors and carried out an analysis focused on how girls fare within the school system.

The studies examined how girls feel about their roles in the school environment, their sense of safety, and how discipline practices affect their sense of well-being. The data were analyzed for disparity across race, disability, and other factors.

Girls May Attend The Same School But Have Very Different Experiences

The investigation found that Black girls are targeted for harsher punishments for the same infractions and that girls experiencing this feel they’re given less opportunity to explain a behavior or incident than white peers are given.

The report shares that girls are treated differently from boys regarding dress code and that Black girls tend to be judged more harshly for dress code violations than white girls. It also found that girls with more ‘mature’ or ‘developed’ bodies were more targeted for punishment and that the disparity in dress code enforcement leaves girls feeling less safe at schools.

It also found that LGBTQ girls are more targeted than their peers for certain behaviors, including dress code violations and displays of affection.

Dress Codes Are Not Equally Enforced

The report noted that 90% of dress codes target clothing typically worn by girls, with only 69% targeting clothing typically worn by boys.

Students questioned in the process reported that in some cases, boys’ dress code violations were overlooked while girls’ violations were a focus and that girls who violated the dress code were “slut-shamed” or made to feel like they had been purposely seeking the “male gaze.” One specifically noted that girls were forbidden from wearing tank tops, but boys were permitted to wear basketball jerseys, and that the reason given was that girls’ bodies were “distracting.”

Students also reported that the enforcement of the dress code could depend heavily on body type. For example, one girl whose shorts were an inch short of the requirement might be disciplined, while another girl who violated the rule by the same amount might be overlooked solely because one girl’s body was more developed than the other.

Girls are left feeling responsible for boys’ behavior toward them, rather than each student being responsible for their own behavior.

Black Girls Are Disciplined More Harshly Than White Girls Even In The Same School

The report notes that there is a theory that disparity in treatment is related to different school systems. That theory suggests that Black girls are more likely to attend schools with higher rates of behavioral and disciplinary issues and, thus, more likely to be affected by “zero-tolerance” policies.

However, the investigation dispelled the notion that this is the cause of disparate discipline. The report reads:

“However, while Black girls were indeed disproportionately enrolled in schools with the highest rates of suspensions and expulsions, according to our decomposition analysis of civil rights data, the national discipline gap between Black and White girls is mostly attributed to differences in the discipline of Black and White girls within the same schools.”

Examining multiple studies, the analysis found that Black girls were three times as likely to be suspended than white girls, specifically that Black girls with darker skin tones were more likely to be targeted than lighter-skinned girls and that Hispanic, Native American, and multiracial girls with darker skin tones were also more likely to be targeted for harsher discipline.

Disparity In Treatment Of LGBTQ+ Girls

The analysis found a disparity in how LGBTQ+ students are treated and that “the disparities were greater for girls than boys.”

Specifically, these girls are more likely to face “exclusionary disciplines,” such as suspension or expulsion. They’re also more likely than their peers to be scolded or punished for dress code violations and displays of affection to other students.

One student in the report also noted that she was punished for defending LGBTQ rights in class.

Black Students With Disabilities Are Also Treated Differently

The disparity between the disciplinary treatment of Black girls with a disability and their white peers was even more significant. Despite guidance from the Department of Education on keeping students with disabilities in the educational setting whenever possible, Black girls with disabilities were far more likely to be suspended than their classmates. The report explains:

“National civil rights data show that across all races, girls with disabilities almost always experienced higher rates of discipline compared to girls without disabilities. This was particularly acute for Black girls with disabilities, who received out-of-school suspensions at almost 1.7 times the rate of Black girls without disabilities and 3.6 times the rate of White girls with disabilities.”

What Measures Successfully Eliminate Disparity In Discipline?

The report examines various ways to eliminate this disparity and make sure that students are being treated fairly regardless of gender, race, disability, or LGBTQ status.

Two studies examined in the analysis examined how these disparities are affected when the teacher is the same race as the student. One found that this reduced the likelihood of Black students receiving different treatment, and the other did not replicate that result — leaving the question about whether this is an adequate answer.

Parental involvement and academic success also didn’t eliminate the disparity of treatment. As for policies intended to reduce suspensions, the investigation found that they worked for white girls but that under those policies, suspensions for Black girls increased.

One major factor seems to be adultification. The report explains that there is a form of bias in which Black girls are deemed to be older than their white or male peers and therefore treated more harshly, so a disciplinary process in which the discipline was recommended by a neutral party who is unaware of the identity of the student in question could be helpful.