Monday, August 17, 2015
Wednesday, August 5, 2015
The handcuffing and isolated restraint of a third grade special needs students in Covington, Kentucky, was caught on video. The video is particularly disturbing, as the child cries and pleads. I did not watch the whole thing myself. The ACLU filed a federal lawsuit on that and another student's behalf on Monday, alleging the handcuffing was an unreasonable seizure and included excessive force. The complaint also alleges that the arrest amounted to discrimination and a failure to accommodate under the American's with Disabilities Act.
More on the story here.
Monday, July 13, 2015
Two years ago, Anna Aizer and Joseph J. Doyle published a study finding that juvenile incarceration does not have the deterrent effect that the system supposedly intendeds. The abstract explains:
Over 130,000 juveniles are detained in the US each year with 70,000 in detention on any given day, yet little is known whether such a penalty deters future crime or interrupts social and human capital formation in a way that increases the likelihood of later criminal behavior. This paper uses the incarceration tendency of randomly-assigned judges as an instrumental variable to estimate causal effects of juvenile incarceration on high school completion and adult recidivism. Estimates based on over 35,000 juvenile offenders over a ten-year period from a large urban county in the US suggest that juvenile incarceration results in large decreases in the likelihood of high school completion and large increases in the likelihood of adult incarceration. These results are in stark contrast to the small effects typically found for adult incarceration, but consistent with larger impacts of policies aimed at adolescents.
They have now published a second even more nuanced study.
Thursday, June 18, 2015
The Southern Poverty Law Center and Flagler County Schools in Florida a reached a settlement to resolve a claim of discriminatory discipline. The original complaint had alleged that "African-American students accounting for 31 percent of all out-of-school suspensions during the 2010-11 school year even though they were only 16 percent of the student population." Under the agreement, the School Board adopted a wide-ranging plan to eliminate racial disparities in school discipline . Rather than permitting unilateral school level decision, the school district itself will have to approve suspensions of five or more days this upcoming school year, and suspensions for three or more days in the next school year. In addition, staff will receive cultural competency and implicit bias training. A committee will monitor discipline data on a regular basis to monitor progress. The district will consider abolishing suspensions altogether once it develops an alternative school program, peer mediation, and restorative justice practices. The district also committed to work with law enforcement to reduce in-school arrests.
SPLC is still pursuing federal civil rights complaints in Escambia, Bay, Okaloosa and Suwannee county school districts.
Friday, June 5, 2015
Flagler County Schools (FL) agreed to change its disciplinary practices after being sued for racial discrimination against African-American students, reports the Daytona Beach News-Journal. The Southern Poverty Law Center filed a complaint against Flagler Co. Schools in 2012 for removing and arresting black students more harshly than white students. The complaint alleged in the 2010-11 school year, black students made up 16% of the Flagler Co.'s school population, but were 31% of the in-school and out-of-school suspensions and 69% of expelled students. The complaint also alleged that black students were retained at a disproportionate rate of 22%. Flagler Co. school officials told the media that it will, subject to the school board's approval, reduce out-of-school suspensions and form a citizens’ committee to monitor discipline practices. The district also reportedly agreed to reserve out-of-school suspensions for situations when there’s a safety concern, and require district approval for suspensions lasting five days or more. Starting in August 2016, the district will require approval for any suspension of three days or more and consider eliminating out-of-school suspensions altogether.
Thursday, May 14, 2015
The Harrisburg Patriot-News reports that a racial bias suit against a Pennsylvania school district was settled this week. In 2014, the Webbs, a student and his mother, sued the Susquehanna Township School District after it expelled the student from high school for wearing a multifunction tool that had a knife on it. The student's mother sued when they learned that three white male students were treated differently than the student, who is black. In the other three instances, a white male student brought two airsoft pistols onto school and aimed at other students as they left the building; in the second, a white male student brought marijuana into a classroom; and in the third, a white male student brought a BB gun onto school grounds. On each of those occasions, the school superintendent did not recommend to expel the students. The Webbs sued in federal court claiming disparate treatment and violations of the 14th Amendment, Title VI of the Civil Rights Act, and the Pennsylvania Human Relations Act (PHRA). The Middle District of Pennsylvania dismissed their claims for lack of standing and because the statute of limitations had expired on some of the claims. However, the federal court gave the Webbs leave to amend their claims under the Pennsylvania Human Relations Act (PHRA). Despite the dismissal, the school district reportedly settled the case for an undisclosed amount. The federal case was Webb v. Susquehanna Twp. Sch. Dist., No. 1:14-CV-1123, 2015 WL 871731 (M.D. Pa. Feb. 27, 2015).
Wednesday, May 13, 2015
A New Jersey mother, Karen McMillan, alleges that her son passed out after being choked by a school security guard who was attempting to restrain the 7-year-old. After being held back from recess, the boy became disruptive. According to school officials, he was kicking chairs and rolling on the floor. The security guard was called to help restrain the child, and allegedly was trying to help the boy when he started to hyperventilate. The boy told his mother only that the guard held him very tightly and he felt like he might be sick, leading McMillan to believe that guard's force to be excessive. The boy was not injured, though McMillan stated that he is afraid to return to school and she intends to remove him from the school district. The guard was put on paid leave while the school investigates the incident.
Even if true, rogue acts of individual employees may be no more than that. On the other hand, this past year has brought various other stories like this one in other school districts. See, e.g., here, here, here, and here. This raises the question of whether the harsh policing tactics that are currently embroiling a national debate are also a part of every day life for many public schools students. Past reports by the Advancement Project would suggest the answer is yes, as would the Department of Justice's report on Ferguson, Missouri.
More on the New Jersey story here.
Thursday, May 7, 2015
A new study out of England finds that children who are bullied by their peers experience more long term negative mental problems than those who experience physical, mental, or sexual abuse. The authors of the study are, of course, not suggesting that the effects of abuse are minimal but that the effects of bullying are comparatively higher. This point is particularly important, they say, because “[g]overnmental efforts have focused almost exclusively on public policy to address family maltreatment; much less attention and resources [have] been paid to bullying. … This imbalance requires attention.”
Friday, May 1, 2015
The Office for Civil Rights has released its 2013-2014 report to Congress and the President. From my perspective, past reports have been dense and un-illuminating. This current one strikes a very different approach. First, it is very well written. Second, it is very well framed and organized. Third, and maybe most important, it is incredibly informative. Fourth, it is analytical. Fifth, it is visually appealing. Sixth, it implicitly suggests courses of action or concern. Overall, it presents as a study in the state of civil rights and equity in our nation's schools, rather than a bureaucratic account of the beans counted in the past two years.
May 1, 2015 in Bullying and Harassment, Discipline, Discrimination, English Language Learners, Equity in education, Federal policy, Gender, Racial Integration and Diversity, Special Education | Permalink | Comments (0)
Wednesday, April 29, 2015
Social science demonstrating that zero tolerance and harsh discipline are ineffective in achieving their goals of improved student behavior and deterrence is not new, but what is new is a growing parade of research demonstrating that zero tolerance and harsh discipline are actually counterproductive. In effect, they make student behavior and academic achievement worse. Last month, I posted a study finding that punitive discipline is associated with increases in student drug use. Another study by Brea Perry and Edward Morris, Suspending Progress: Collateral Consequences of Exclusionary Punishment in Public Schools, American Sociological Review, finds that punitive discipline negatively affects not only the student who is punished but his peers who are not. Their abstract explains:
Friday, April 24, 2015
Last month Derek cited a study correlating higher student marijuana use to schools in which administrators reported using out-of-school suspensions and students reported low policy enforcement. That has not slowed the use of such policies in some districts, however, as the Roanoke Times reports that an eleven year old student was disciplined under circumstances that seem excessive even under zero tolerance policies. Acting on a student tip, an assistant principal at Bedford Middle School (VA) found a green leaf and a lighter in a plastic baggie in a sixth grader's backpack at school last fall. School resource officers from the sheriff’s office field-tested the leaf, which tested negative for marijuana. The student was nevertheless arrested and charged as a juvenile for marijuana possession. Two further tests of the leaf confirmed that it was not marijuana. That confirmation that the bag contained an ordinary leaf was not the end of the matter, however. An administrator told the student's parents that the juvenile's charge dismissal did not resolve the school's zero tolerance policies, and the student was suspended for a year. After sixth months of online education and homeschooling, the student was permitted to return to school (albeit a different school) under strict probationary terms. The student's parents, a current and a retired teacher, have sued the district and the Sheriff's Office for due process violations and for malicious prosecution. The case reportedly has been sent to mediation. Read more about the case here.
Thursday, April 23, 2015
Jason A. Okonofua and Jennifer L. Eberhardt of Stanford University have published Two Strikes: Race and the Disciplining of Young Students, confirming what statistical analysis has long suggested: that whether and how a student is disciplined is heavily influenced by subconscious racial biases. Their abstract explains:
There are large racial disparities in school discipline in the United States, which, for Black students, not only contribute to school failure but also can lay a path toward incarceration. Although the disparities have been well documented, the psychological mechanisms underlying them are unclear. In two experiments, we tested the hypothesis that such disparities are, in part, driven by racial stereotypes that can lead teachers to escalate their negative responses to Black students over the course of multiple interpersonal (e.g., teacher-to-student) encounters. More generally, we argue that race not only can influence how perceivers interpret a specific behavior, but also can enhance perceivers’ detection of behavioral patterns across time. Finally, we discuss the theoretical and practical benefits of employing this novel approach to stereotyping across a range of real-world settings.
Read the full study here.
Wednesday, April 22, 2015
This February, the UCLA Civil Rights Project's school discipline study reported that Oklahoma City Public Schools district (OCPS) was one of the nation's ten highest highest-suspending districts for secondary school students. Yesterday, OCPS Superintendent Rob Neu announced plans to reduce the district's 3,000 annual suspensions through behavior programs and by shortening the length of suspensions. Neu was responding to the results of the district's internal audit which confirmed some of the UCLA report's findings. That study noted that OCPS' suspension rate for minorities exceeded other districts surveyed, with 75 percent of African-American male high school students and 54 percent of African-American female high school students in the district suspended at least once in 2012, and 60 percent of Native American male and 40 percent Native American female high school suspended that year. Neu told the media that the district planned to respond to racial disparity in school suspensions by hiring more teachers and administrators of color and "become more culturally aware of the students that we’re serving.” Links to the OCPS audit are available here.
Thursday, April 16, 2015
Florida is considering a bill that would allow teachers to carry concealed weapons at school. The pros and cons of such bills have been rehearsed here, here, and here over the past several months. I am glad to report that one Osceola School Board member, who also happens to be an attorney, finally states the issue in the most simple terms possible. Sputnik News offers this summary:
Monday, April 13, 2015
A new study by the Center for Public Integrity collected law enforcement referrals for public schools in all fifty states and the District of Columbia. The variety across states was startling. Ohio, Nevada, and D.C. only referred one percent of their students to law enforcement (1.9, 1.3, and 1.2 percent respectively). Virginia topped the list, referring 15.8 percent of all students, which is 13 times the rate of D.C. Six more states had rates above 10 percent.
The analysis of sub-populations was also troubling. Virginia referred 25 percent of its African American students (which is 16 times the rate of DC) and 33 percent of its disabled students--a number so high that one must wonder if there is an error in the data or if Virginia is under-identifying students with non-behavioral disabilities (which could skew the referral number upward). Wyoming referred 32 percent of African Americans. In short, the state-by-state comparisons show not all states find law enforcement to be a necessary aspect of school discipline, but others integrate it as part of their standard operating procedure.
Thursday, March 26, 2015
The University of Chicago Consortium on Chicago School Research has released its newest report on discipline in Chicago public schools. The reports are monitoring the efficacy of Chicago's move away from harsh discipline toward more restorative justice practices. It is not all good news, as suspension rates are still high, but the general trend is positive and discipline rates continue to fall. Alex Nitkin offers this summary:
[The report] found that students and teachers report feeling safer as harsh discipline practices have eased. That’s another good-news finding, since some observers feared that cutting arrests and suspensions would worsen school climate and security.
However, the report also notes that Chicago still has a lot of work to do to further reduce suspensions of young black men, who are still the most likely to be kicked out of school for discipline reasons. One-third of black males received an out-of-school suspension last year, compared to 13 percent of Latino boys and 6 percent of white and Asian boys.
Other Consortium findings:
- Some schools are replacing out-of-school suspensions with in-school suspensions: Out-of-school suspensions for black male students declined by about 3 percent, while in-school suspensions rose by 7 percent. Most other groups also saw slight increases.
- Most suspensions in high schools are handed down for “defiance,” with only a third the result of fights or other threats to safety. The report notes that with so few suspensions for physical altercations, schools probably have more room to cut suspensions without compromising safety—but teachers need training on how to deal with students they perceive as being disrespectful.
- The overall arrest rate for high school and middle-grades students was 2 percent, but the rate for black males was double that, according to Chicago Police Department data analyzed by the Consortium. Schools called police for just 43 percent of serious incidents that require police notification under the district’s discipline code.
One troubling fact is that the Consortium still could not get access to complete discipline data from charter schools. This missing data, of course, is also crucial to yesterday's post about comparing urban charters' academic achievement to that of traditional public schools.
Tuesday, March 24, 2015
A steady stream of studies have demonstrated zero tolerance and harsh discipline policies do not achieve their goals. They do not improve student behavior. They do not make schools safer. In some instances, they just make matters worse. Those studies have tended to focus on the aggregate school climate. A new study makes far more specific and shocking findings, so shocking that one might struggle to process them.
Tracy Evans-Whipp and her co-authors' new study, Longitudinal Effects of School Drug Policies on Student Marijuana Use in Washington State and Victoria, Australia, finds that the:
Likelihood of student marijuana use was higher in schools in which administrators reported using out-of-school suspension and students reported low policy enforcement. Student marijuana use was less likely where students reported receiving abstinence messages at school and students violating school policy were counseled about the dangers of marijuana use.
Suspending kids actually increased the odds of drug use by 60 percent-- even for kids who weren't suspended, but attended the school were suspension was the policy. "That was surprising to us," said co-author Richard Catalano in a press release. "It means that suspensions are certainly not having a deterrent effect. It’s just the opposite." And according to Catalano and his colleagues, suspensions "related to unintended negative outcomes for the suspended student, such as disengagement from school, delinquency or antisocial behavior, smoking, and alcohol and drug use."
The Arkansas Law Review's symposium issue on education (presumably celebrating the 60th Anniversary of Brown v. Board of Education) is now available on westlaw. The essays and articles offer a historical narrative spanning from segregation to current policies that divert funds and attention away from the education of poor and minority students to incarceration. Each is summarized below.
Peter C. Alexander, Seeking Educational Equality in the North: The Integration of the Hillburn School System, 68 Ark. L. Rev. 13 (2015).
Peter Alexander, uses the example of his small hometown of Hillburn, NY to discuss the history of segregation and integration in the north. Alexander points out that "[m]uch attention has been paid to segregated schools in the South, but surprisingly little has been written about segregated schools that existed north of the Mason-Dixon Line." However, even racially-diverse, small northern towns like Hillburn, which has a population of only about 1000 people, had segregated schools. "Curiously, the local high school was in the neighboring village of Suffern, New York, and it was integrated; however, children in the Hillburn schools were divided by race until the ninth grade." Nevertheless, Hillburn was not unique in its decision to segregate. Alexander points out that neighboring counties in New York, as well as numerous districts in New Jersey, Pennsylvania, Ohio, and many more norther states had segregated school. "The reasons segregated schools existed outside of the South varied from community to community." For some districts, it made geographic sense to segregate, as was the case in Hillburn. Alexander also discusses how economic demographics came into play as a rationale for segregation. Throughout the article, Alexander uses Hillburn's journey from segregation to integration as an example of the challenges that many northern cities and towns faced when making that transition.
Ellen Marrus, Education in Black America: Is It the New Jim Crow?, 68 Ark. L. Rev. 27 (2015).
Friday, March 20, 2015
The Atlantic ran a story this week titled "Zeroing out Zero Tolerance." Much of the article mediates the debate between "no-excuses" charter schools that believe a rigid approach to discipline has been the key to their academic success and large urban school districts that have recently abandoned zero tolerance policies. Her story emphasizes the large gains in achievement and graduation that the nation's two largest school districts--New York City and Los Angeles--have achieved since ending zero tolerance for minor misbehavior. The same is true of Denver, which was a front-runner in this change. There is not much new in the story, but it does a better job than most in highlighting the issues and juxtaposing the relevant school systems.
Wednesday, March 11, 2015
Nearly 3.5 million public school students were suspended out of school at least once in 2011-12.12. That is more than one student suspended for every public school teacher in America. This means that more students were suspended in grades K-12 than were enrolled as high school seniors. To put this in perspective, the number of students suspended in just one school year could fill all of the stadium seats for nearly all the Super Bowls ever played—(the first 45). Moreover, recent estimates are that one in three students will be suspended at some point between kindergarten and 12th grade (Shollenberger, 2015).
If we ignore the discipline gap, we will be unable to close the achievement gap. Of the 3.5 million students who were suspended in 2011-12, 1.55 million were suspended at least twice. Given that the average suspension is conservatively put at 3.5 days, we estimate that U.S. public school children lost nearly 18 million days of instruction in just one school year because of exclusionary discipline. Loss of classroom instruction time damages student performance. For example, one recent study (Attendance Works, 2014) found that missing three days of school in the month before taking the National Assessment of Educational Progress translated into fourth graders scoring a full grade level lower in reading on this test. New research shows that higher suspension rates are closely correlated with higher dropout and delinquency rates, and that they have tremendous economic costs for the suspended students (Marchbanks, 2015), as well as for society as a whole (Losen, 2015).