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Racially disproportionate discipline, comprising suspension, expulsion, and transfer, has been well documented since the report issued by the Children’s Defense Fund (1975) to the present (CDRC, 2014; Evans & Lester, 2014; Koon, 2013; Losen, 2013; Rocque & Paternoster, 2013; Simson, 2014; Skiba, 2015). This paper evaluates the role of racial threat theory and implicit bias consonant with contributing factors of poverty and cultural mismatch in disproportionality (Rocque & Paternoster, 2011; Rudd, 2014; Simson, 2014; Skiba, 2015). The judicial pattern of deferential treatment to systems and constitutional “colorblindness” (Payne & Welch, 2010; Simson, 2014; Skiba, Eckes, & Brown, 2009/2010) suggests three extra-judicial remedies-Positive Behavior Interventions, Social Emotional Learning, and Restorative Justice—provide the best basis for future policy and research.