MADISON, Wis. – It’s apparently not enough for school districts to adopt racially-blind student behavior policies.

Districts should make sure that an equal number of white and non-white students are suspended or expelled for various offenses, according to the parents of a sixth-grade Madison school district student who was expelled in January for bringing a BB gun to school.

MORE NEWS: From Classroom to Consulate Chef: Culinary Student Lands Dream Job at U.S. Embassy in Paris

It apparently doesn’t matter whether individual students are guilty or not, or whether the punishment fits the misdeed, according to a federal complaint filed by those parents.

Malcolm Brown and Bernadine Ward, the parents of student Dereian Brown, have filed a 64-page complaint with the U.S. Department of Education Office for Civil Rights, according to a report from Madison.com.

The complaint says Dereian Brown, who is black, “was punished more harshly than most other students charged with a similar offense, that the district’s treatment was ‘frequently unethical and illegal,’ and that certain district employees and members of the School Board demonstrated ‘animosity’ and ‘clear bias’ against him in some of their actions and public statements,” the news service reported.

Here’s the key part:

“Additionally, the complaint alleges that the district discriminates more broadly through its disciplinary code, called the Behavior Education Plan (BEP), by creating a disparate impact on minority students,” Madison.com wrote.

The last part means that under the current student behavior code, more black students in the Madison district are suspended or expelled than white students.

MORE NEWS: Know These Before Moving From Cyprus To The UK

That’s certainly the case, if the complaint filed by Brown’s parents is accurate.

It says that “black students are about 18 percent of the district’s enrollment, yet they represent 62 percent of those suspended and 50 percent of those recommended for expulsion,” according to Madison.com.

But what if more black students than white students are guilty of behavior that warrants suspension or expulsion?

It doesn’t matter, according to the Brown’s parents and their attorneys.

“Discrimination occurs, the attorneys say, when a policy has a disproportionate adverse affect on a protected class, even if the policy itself is neutral on its face.”

Incredibly, that claim is backed up by the Obama administration, which has been pressuring school districts around the nation to lower the number of minority student suspensions and expulsions by any means necessary.

Federal guidelines say “schools violate federal law when they even-handedly implement racially-neutral policies” that were adopted with no intent to discriminate “but nonetheless have an unjustified effect of discriminating against students on the basis of race,’” according to TheLibertarianRepublic.com.

Many urban school districts around the nation – including the Madison district – have altered policies and procedures to lower the number of minority suspensions and expulsions.

The Madison school district implemented the new Behavior Education Plan in 2014-15 “to begin to eliminate disparities that have long existed in schools when it comes to suspensions, expulsions and removal from the classroom.”

A year ago, a poll of Madison teachers revealed that “87 percent of survey respondents did not agree that the school district’s Behavior Education Plan, as currently written and implemented, has had a positive effect on behavior of students.

“And 86 percent said a student is not ready to re-engage in learning when returned to a class following a behavior incident,” according to Madison.com.