THE PLEDGE
OF ILLUSIONS
Suspensions are meted out fairly.
Most teachers are not biased.
You have to kick out the “bad” kids so the “good” kids can learn.
Suspensions are only used as measures of last resort and necessary to ensure
safety.
Suspending students out of school has no associated “costs.”
Schools have no alternatives.
It’s only discrimination if similarly situated students were treated differently.
We know the full extent of disciplinary exclusion and its impact.
There is an easy and quick solution.
NATIONAL DATA (2009-10) SHOW SUSPENSION RATES
AT THE SECONDARY LEVEL ARE TYPICALLY 4 TO 10
TIMES HIGHER THAN ELEMENTARY LEVEL
30
24.3
25
All
19.3
20
Amer. Indian
Asian
African Amer.
15
Latino
12
11.3
10
11.3
Els
8.4
7.1
6.6
4.1
5
2.4
1.8
1.7
0.2
1.1
1.2
2.3
0
Elementary
White
Secondary
With Disabilitiy
SECONDARY SUSPENSION RATES: THEN AND
NOW
30
25
24.3
20
15
11.8
12
10
8.4
5
6.1
6
5.6
2.4
7.1
2.3
0
1972-73
2009-10
Black
White
Latino
American Ind.
Asian American
NATIONALLY, SUSPENSION RISE DRAMATICALLY WITH THE INTERSECTION OF
RACE AND EL WITH DISABILITY, FURTHER DIVIDED BY GENDER
National: Students With Disabilities Secondary Level
Suspension Risk
40
36
35
30
25
Note Black Females’
High Rate
22
22
23
20
15
19
17
Male
12
10
10
6
7
5
0
ALL
AA
L
W
Els
Female
SYRACUSE PROFILE 2009-2010
RISK FOR SUSPENSION AT THE ELEMENTARY AND
SECONDARY LEVELS BY SELECTED SUBGROUPS
THE FRAMEWORK OF ANTI-DISCRIMINATION
LAW AND THE NEW GUIDANCE
A. Different Treatment: Similarly situated students are disciplined differently.
Are Black students, and students with disabilities misbehaving more?
B. Disparate Impact:
Is a protected subgroup adversely impacted by a policy or practice?
Is there an educational necessity for the policy or practice?
Or
Are there less discriminatory alternatives?
C. Denial of FAPE is a form of discrimination against students with disabilities.
CALIFORNIA: FREQUENT AND DISPARATE USE OF OUT-OF-SCHOOL SUSPENSION FOR
MINOR OFFENSES UNDER DISRUPTION/WILLFUL DEFIANCE COMPARED WITH SERIOUS
VIOLATIONS BY RACE AND DISABILITY STATUS
Number of out-of-school suspensions per 100
students
16
14
White Students with Disabilities: Out-of-School Suspensions
per 100 Students
12
Black Students with Disabilities: Out-of-School Suspensions
per 100 Students
15.0
suspensions
Gap
10.1
10
8
6
4
2
0
Gap
4.2
7.1
suspensions
4.9
suspensions
2.9
suspensions
Serious offenses involving weapons, drugs, and
violence with injury
Willful defiance
RACIAL DISPARITIES IN USE OF SUSPENSION FOR
FIRST TIME OFFENDERS BY TYPE OF OFFENSE
THE KNIFE
An example of White privilege in America.
RACIAL “IMPLICIT” BIAS
Implicit bias and its implications:
a. Perceptions of behavior. (Accidental possession?).
b. Responses to behavior. (Trusting that no charges were needed).
c. School examples…. “Bag man” for a gambling ring….Horseplay or gang activity?
d. www.implicit.harvard.edu
e. Difficult to address legally, but can be addressed in remedies.
ATTITUDES OF PRINCIPALS
Strongest predictor of suspension use and…
Strongest predictor of racial disproportionality in discipline (Skiba 2014).
Leadership matters.
DATA DEFICIENCIES
We don’t have annual collection of disaggregated discipline data.
We don’t collect data on reasons for suspension or offenses as part of the CRDC
Data reporting requirements are flaunted by most states (IDEA) and many districts (OCR).
Irregularly collected and reported data are often not used and are less useful than they
could be.
School policing? Cops or counselors?
But data are improving….
DISPARATE IMPACT
Is it (frequent use of suspension or removal from school) educationally justifiable?
Reasons:
School climate?
School outcomes (Balfanz, Schollenberger, Skiba)
Safety (Finn)(Osher)(Steinberg)
Deterrent? (American Psychological Association)
Get parents attention? (CDC and Academy of American Pediatrics)
Blame the parents (mine are in the audience).
Common sense…(Dress codes and truancy)
COMPLAINT AGAINST DISCIPLINE AND
TRACKING
Access to equal educational opportunity.
Connections: Decisions educators make …sorting kids, resources, communication
with parents…
Challenge of addressing discipline disparities in a vacuum.
Ivory Toldson and Robert Balfanz…need to address academic needs not just
discipline.
DISCIPLINE DISPARITIES (K-12) BY DISABILITY
CATEGORY (2010-11)
ALL
U.S
AVG
ED
OHI
10-13% 29% 14%
SLD
MR
12%
9%
DISABILITY LAW
Violating FAPE is enough evidence to assert discrimination on the basis of disability.
Students with disabilities are entitled to extra procedural protections to ensure they
aren’t being excluded on disciplinary grounds because of their disability… which
is unlawful.
Disparate impact of failing to adequately meet the needs of students with disabilities.
Increasing pressure to address the impact of FAPE denial.
REMEDIES = LESS DISCRIMINATORY
ALTERNATIVES
Teacher Training
Restorative practices
Social Emotional Learning
Multi-tiered responses
Threat assessment protocol
PBIS
Alternative Schools?
Strong research strengthens the legal and policy arguments.
NEW RESEARCH ON TEACHER TRAINING AND
STUDENT ENGAGEMENT
Recent study by Anne Gregory
Teacher training designed to improve engagement
Improved both instruction (and achievement) and behavioral outcomes, especially in
reducing suspension rates for African Americans.
Personal experience in ten years of teaching in the public schools….
RESTORATIVE PRACTICES IN DENVER
BY THALIA GONZALEZ
ACADEMIC OUTCOMES IN DENVER
Between 2009 and 2013 DPS showed a steady and substantial increase in the
percentage of students scoring proficient or above on statewide tests in reading,
writing, and math in all grades tested (3–-10). In 2013, the district made overall
gains from 2009 of 4 percentage points in reading, 7 points in math, 6 points in
writing, and 9 points in science. Furthermore, the average ACT scores in DPS
increased from 15.4 to 17.6. On-time graduation rates also increased, from
46.4% (2009) to 51.8% (2010). During the same time, high school dropout rates
decreased from 11.1% (2006) to 6.4% (2010).
10 DISTRICTS WITH THE LARGEST NUMBER OF
“HOTSPOT” SECONDARY SCHOOLS (25% OR OVER FOR
ANY
GROUP)
City of Chicago, IL (82)
Memphis City, TN (68)
Clark County, NV (65)
Los Angeles Unified, CA (54)
Houston, TX (53)
Dallas, TX (43)
Columbus, OH (40)
Baltimore County, MD (38)
Wake County, NC (38)
Jefferson County, KY (37)
10 DISTRICTS WITH THE LARGEST NUMBER OF LOWER
SUSPENDING SECONDARY SCHOOLS (10% OR UNDER
FOR EVERY GROUP)
Los Angeles Unified, CA (81)
San Diego Unified, CA (39)
Charlotte-Mecklenburg Schools, NC (36)
Philadelphia City School Districts, PA (35)
Montgomery County Public Schools, MD (33)
Fairfax County Public Schools, VA (31)
District of Columbia Public Schools, DC (26)
East Baton Rouge Parish School Board, LA (26)
Detroit City School District, MI (26)
Clark County School District, NV (26)
And Chicago (24)
CLOSING THE SCHOOL DISCIPLINE GAP
Cleveland: Study of Cleveland Ohio: Social emotional learning strategies, and revised
code of conduct were much more effective for safety than more police and metal
detectors. (Osher)
Chicago: Strong relationships between teachers and students and teachers and
parents adds the most to sense of safety; schools serving children from the
highest crime neighborhoods had produce environments that felt as safe as those
serving youth from the wealthiest low-crime neighborhoods. (Steinberg)
Virginia: Statewide study on the Virginia Threat Protocol: reduced suspensions for all.
(Cornell)
PBIS: Evidence that when implemented properly it helps reduce suspensions in
general, but research points out that often more is needed to close the racial gap.
Alternative Schools: Can make things worse. A great deal depends on the quality and
purpose.
THERE ARE EFFECTIVE ALTERNATIVES AND CHANGE IS
UNDERWAY
 Council of State Governments Discipline Consensus Report: June 2014
 Discipline Disparities Research Collaborative ….
 Most recent mega analysis, suggest leveling off and marginal decline in several
states, including CA.
 Policy changes in CT, MD, CA, MA, VA, NC, and large districts including Chicago, Los
Angeles, Oakland, Denver, Boston, Baltimore, Philly, NYC, Syracuse, and many
more.
LEGISLATION, REGULATION, ENFORCEMENT
California
Willful Defiance: K-3 2014
Maryland
Regulations 2014
Connecticut
2008 statute enforcement
NY State AG
2014
OCR’s Compliance Reviews and Investigations
EDUCATORS AND JUDGES
Judge Teske and school policing
Karen Webber-Ndour and training in Baltimore, MD
National Association of School Boards of Education
Council of State Governments (400 page) Consensus Report
POLICY REMEDIES
Annual reporting of disaggregated discipline data
Revise discipline codes
Make school climate indicators (including discipline data) central to our evaluation of
schools.
Support what works. (Funding, incentives, research and evaluation)
Includes more support for federal enforcement efforts.
Guidance on resource equity and charter schools.
Stop doing things that don’t work…including the pledge of illusions.
THE END
Daniel J. Losen
Director, Center for Civil Rights Remedies of the Civil Rights Project at UCLA
New Reports Coming:
National report on suspensions in elementary and secondary schools
Book on Closing the School Discipline Gap
Report on Discipline and Charter Schools
Several “Cost of Suspension Reports”
Detailed California Report
Schooldisciplinedata.org
http://www.civilrightsproject.ucla.edu/
losendan@gmail.com
781-861-1222
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