† Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.
Feds Finally Take Action to End School to Prison Pipeline
by nancy a heitzeg
Last week, the Department of Education’s Office for Civil Rights and the Justice Department’s Civil Rights Division responded to more than a decade of data-driven critique of zero tolerance policies, the criminalization of education, and the creation of a school to prison pipeline. The Departments jointly issued extensive new guidelines urging schools to abandon zero tolerance policies, reduce a “policing” approach, and rely instead on restorative justice .
Persistent and consistent disparities in rate of suspensions and expulsions are the heart of the official critique. As the New York Times notes in “The Civil Rights of Children“:
“The guidance documents included striking data on racial inequities. For example, African-American students represent only 15 percent of public school students, but they make of 35 percent of students suspended once, 44 percent of those suspended more than once and 36 percent of those expelled. Statistical information does not in itself prove discrimination. But research has shown that black students do not engage in more serious or more frequent misbehavior than other students.
The treatment of disabled students should be a source of national shame: They represent 12 percent of students in the country, but they make up 25 percent of students receiving multiple out-of-school suspensions and 23 percent of students subjected to a school-related arrest.”
This is consistent with a growing national concern over the school to prison pipeline. The U.S. Department of Education and the Civil Rights Division of the U.S. Department of Justice committed in 2012 to addressing disparities in the school suspensions and expulsions as a civil rights matter, including filing suit against the State of Mississippi for operating a school to prison pipeline in Meridian. In December of 2012 the first ever Congressional hearings on the school to prison pipeline were held and featured expert testimony that detailed both the scope of the problem and solutions including calls for decreased funding incentives for police, increased funding for counseling, support staff and educational resources, mandatory nation-wide data collection on suspension, expulsion and arrests at school, and support for evidenced-based solutions to end the persistent racial disparities that shape the contours of the pipeline.
The guidelines leave some questions – especially around the police presence at schools-but they are a much welcome step forward that reminds us too of the importance of federal framing and leadership. The complete set of resources is included below.
|Principle 1: Climate and Prevention: Schools that foster positive school climates can help to engage all students in learning by preventing problem behaviors and intervening effectively to support struggling and at-risk students.|
(1) Engage in deliberate efforts to create positive school climates.
(2) Prioritize the use of evidence-based prevention strategies, such as tiered supports, to promote positive student behavior.
(3) Promote social and emotional learning to complement academic skills and encourage positive behavior.
(4) Provide regular training and supports to all school personnel – including teachers, principals, support staff, and school-based law enforcement officers – on how to engage students and support positive behavior.
(5) Collaborate with local mental health, child welfare, law enforcement, and juvenile justice agencies and other stakeholders to align resources, prevention strategies, and intervention services.
(6) Ensure that any school-based law enforcement officers’ roles focus on improving school safety and reducing inappropriate referrals to law enforcement.
|Principle 2: Expectations and Consequences: Schools that have discipline policies or codes of conduct with clear, appropriate, and consistently applied expectations and consequences will help students improve behavior, increase engagement, and boost achievement.|
(1) Set high expectations for behavior and adopt an instructional approach to school discipline.
(2) Involve families, students, and school personnel in the development and implementation of discipline policies or codes of conduct, and communicate those policies regularly and clearly.
(3) Ensure that clear, developmentally appropriate, and proportional consequences apply for misbehavior.
(4) Create policies that include appropriate procedures for students with disabilities and due process for all students.
(5) Remove students from the classroom only as a last resort, ensure that any alternative settings provide students with academic instruction, and return students to their regular class as soon as possible
|Principle 3: Equity and Continuous Improvement: Schools that build staff capacity and continuously evaluate the school’s discipline policies and practices are more likely to ensure fairness and equity.|
(1) Train all school staff to apply school discipline policies and practices in a fair and equitable manner so as not to disproportionately impact students of color, students with disabilities, or at-risk students.(2) Use proactive, data-driven, and continuous efforts, including gathering feedback from families, students, teachers, and school personnel to prevent, identify, reduce, and eliminate discriminatory discipline and unintended consequences
School Climate and Discipline Guidance Package,