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Understanding the Schoolto-Prison Pipeline NCSBA June Policy Conference June 24, 2016

• What is the school-to-prison pipeline? • Who does it impact? • What causes it? • What can we do about it?

Source: www.indypendent.org

The school-to-prison pipeline is phrase that describes a complex set of policies and practices in public schools across the nation which tends to remove children of certain racial and socio-economic backgrounds from the mainstream educational environment and “funnel” them into the juvenile and criminal justice system.

Research shows that students of color and students with disabilities are more heavily affected by the school-toprison pipeline. Data from public schools across the nation indicate that Black and Latino students are disproportionately suspended or expelled from school, and referred to the juvenile justice system.

The school-to prison pipeline is a complex problem with no easy solution. As educators, it is imperative to be aware and understand the factors that contribute to the school-to-prison pipeline if we ever want to dismantle it for good.

Students of color, in particular African American males, and students with disabilities are most severely impacted by the school to prison pipeline.

Disproportionate school discipline is the #1 factor that contributes to the continuation of the “pipeline.”

Disproportionate = Difference between a particular group’s representation in the population at large and its over or under representation in specific categories.

Students of color and students with disabilities are disproportionately suspended, expelled and referred to law enforcement for disciplinary actions.

US Department of Education Civil Rights Data Collection • A survey of all public schools and school districts of the United States (99.5% of all public schools) • The CRDC measures student access to courses, programs, staff and resources, school climate and other factors such as student discipline by category (race, gender, disability status), bullying and harassment.

On the national level: • African American students represent approximately 16% of the youth population in U.S. public schools, but represent more than 30% of the students who are suspended or expelled. • By comparison, White students make up 51% of the student population, but only represent 31-40% of students suspended or expelled.

Source: US. Dept. of Education, Office of Civil Rights, Civil Rights Data Collection (2011-2012)

• Nationwide in 2013-14, 2.8 million (6% of all students) K-12 students received one or more OSS • On average, approximately 28% of African American students were suspended and only 7%of White students are suspended. • American Indian/Alaskan Native (AIAN) Pacific Islander, and multiracial boys were also disproportionately suspended.

African American K-12 students are 3.8 times as likely to receive one or more OSS as White Students. African American K-12 students are 2 times as likely to be expelled from school without educational opportunities as White students.

It’s not just K-12… • African American children make up 19% of preschool enrollment, but 47% of preschool children receiving one or more OSS • White children make up 41% of preschool enrollment but only 28% of preschool children receiving one or more OSS

• Black preschool children are 3.6 times as likely to receive one or more OSS as white preschool children.

Students with Disabilities • The Individuals with Disabilities in Education Act (IDEA) and federal regulations limit the ability of schools to discipline and suspend students with disabilities. • However, students with disabilities are more likely to be suspended or expelled from school than non-disabled peers. • African American students are characterized as having an intellectual disability more often than their peers.

Students with Disabilities • Students with disabilities served by IDEA are more than 2 times as likely to receive one or more out-of-school suspensions as students without disabilities. • Students with disabilities are disproportionately students of color.

Source: US. Dept. of Education, Office of Civil Rights, Civil Rights Data Collection (2011-2012)

Referrals to Law Enforcement: • The increased presence of School Resources Officers has led to more frequent school-related arrests. • Students of color and students with disabilities are disproportionately referred to law enforcement.

Referrals to Law Enforcement: • Black students represent 16% of national student enrollment, but 27% of students referred to law enforcement and 31% of students subject to a schoolrelated arrest. • Students with disabilities represent approximately 25% of referrals to law enforcement and 25% of school-related arrests, even though they make up approximately 11% of the student population.

Think it does not apply to NC?

(Homework: Google “NC school to prison pipeline”)

On the state level:

• In the 2011-12 CRDC, NC was 1 of only 5 states that reported male suspension rates higher than the national average for every racial/ethnic group and students with disabilities.

On the state level:

• In 2011-12, 65,897 African American students were suspended from school in a single academic year. • African American students were 26% of the student population across the state, but comprised 51% of suspension and 38% of expulsions.

On the state level:

• In 2011-12, 8% of students without disabilities received out of school suspensions, while 17% of students with disabilities were suspended out of school.

Source: Redfield & Nance, School-to-Prison Pipeline: Preliminary Report, American Bar Association, February 2016

1.

Some authorities cite a decline in a positive school environment in public schools across America.

• Stricter curriculum and emphasis on testing lead to rote teaching mechanisms, lower expectations, and lack of student engagement in the classroom. • Tougher standards and required public reporting of school test scores and grades creates an unconscious incentive for schools to push the “trouble kids” out of the school, especially in low performing schools.

• As a result, African American students are retained at 3 of white students.

times the rate

1.

Some authorities cite a decline in a positive school environment in public schools across America. • Students of color are more likely to report feeling threatened or being injured by weapons, more likely to perceive gang activity at school and more likely to have been in a physical fight at school. • According to Bureau of Justice statistics, victimization at school can have lasting effects, including loneliness, depression, adjustment difficulties, truancy and acting out at school.

How many of you believe those behaviors might impact student discipline?

2. Increased presence of School Resource Officers (SRO) and stricter discipline policies that support zero tolerance practices. • We are experiencing a “paradigm shift” in student discipline – behavior that used to result in a trip to the Principal’s office now results in a juvenile petition, most often filed by a school SRO • Number of SROs in 1970s was a few hundred, but currently approximately 46,000 full-time and 36,000 part time officers nationwide

2. Increased presence of School Resource Officers (SRO) and stricter discipline policies that support zero tolerance practices. • SROs more frequently become involved in disciplinary matters that administrators could and should be handling. • Increased involvement of SROs in “minor” school offenses (non-violent, non-threatening) leads to a higher referral rate to the criminal justice system. • Anecdotal stories of SRO officers mishandling student discipline are prevalent.

2. Increased presence of School Resource Officers (SRO) and stricter discipline policies that support zero tolerance practices. • SROs have legal authority to act in many circumstances they encounter in a school (disorderly conduct, fighting, etc.). • Increased involvement can have other negative effects, such as creating distrust and alienation among students. • African American students are more likely to be arrested at school, confined for longer periods of time, and prosecuted for more serious crimes.

2. Increased presence of School Resource Officers (SRO) and stricter discipline policies that support zero tolerance practices. • SRO agreements should state the purpose of the SRO program (education, enforcement, etc.) and describe the types of matters and circumstances in which the officer will become involved. • Administrators and school officials should also be trained on the appropriate use of SROs (administrative vs. criminal). • Agreements should allow for periodic evaluation on the effectiveness of the program and ability to modify.

2.

Increased presence of School Resource Officers (SRO) and stricter discipline policies that support zero tolerance practices. • The odds of a student dropping out of school increased from 16% to 32% after the first time he/she is suspended from school in at least the 9th grade. • Students who are excluded from school due to OSS are 2 times as likely to have contact with the juvenile justice system. • Involvement with the juvenile justice system at an early age actually increases the likelihood of further delinquency or involvement with the criminal justice system.

3.

Stereotypes and implicit bias play a role in disproportionate discipline. • “Implicit bias” is an association or preference that is unconscious and experienced without awareness or intention. • Implicit bias and unconscious associations play a major role in disproportionate discipline because many of those decisions are discretionary. • Implicit bias can be measured using the Implicit Association Test (IAT).

3. Stereotypes and implicit bias play a role in disproportionate discipline. • Studies of the IAT reveal that implicit biases are: • often dissociated from what a person actively believes, but are often predictive of explicit actions or decisions • may cause some youth to seem more threatening than others • cause teachers to evaluate minority students as less intelligent and to have less promising careers

3.

Stereotypes and implicit bias play a role in disproportionate discipline. • Research indicates that there is a high level of implicit bias towards African Americans and other students of color, as well as disabled students. • Implicit bias can affect whether the observed behaviors of different groups are perceived as problematic, as well as the subjective decision regarding the appropriate disciplinary response.

3. Stereotypes and implicit bias play a role in disproportionate discipline. • Data indicates that it is not just the “problem students” who are experiencing discipline disparities. • Research indicates that there is little evidence that minority students in the same school or district are engaging in more seriously disruptive behavior that would warrant higher rates of discipline.

Removing students from the classroom for lower level offenses should be a last resort. The more time a student spends out of the classroom for disciplinary reasons, the lower the chance of graduating and the higher the risk of ending up in the criminal justice system.

Black and Latino youth are more likely to be suspended, expelled and/or referred to the juvenile justice system. It should come to no surprise, then, that Blacks and Latinos make up two-thirds of all youths confined to detention and make up 61% of our nation’s incarcerated adult population.

One trend that is gaining momentum nationally is the focus on restorative practices as an alternative to traditional student discipline.

• A focus on “positive discipline” is a focus on more developmentally appropriate and proportional consequences for student misbehavior. • Adopting an “instructional” approach to discipline that uses disciplinary consequences to re-teach behavioral expectations will help students develop new behavior skills and strategies to avoid conflict and re-direct focus to learning. • Students will be held accountable for their actions, but research shows that removing a student from the classroom is punitive and does not adequately address repeat offenders.

http://www.ocde.us/HealthyMinds/PublishingImages/RP_Purpose_Circle.png

• Restorative practices are designed to restore the relationship between the teacher and student, between students, and between students, parents and teachers. • Students learn to take responsibility for their actions and address how others involved were impacted by their behavior. • Not meant to replace other initiatives or evidence-based programs like Positive Behavior Interventions and Supports (PBIS) or other disciplinary measures.

Types of restorative practices include: • • • • •

Community Conferencing Community Service Circle Process* Peer mediation Preventative and post-conflict resolution programs

Benefits of restorative practices include: • increased student engagement • improved relationships among students, educators and the community • decrease out of school suspensions and referrals to law enforcement • improved student attendance • decrease in acts of violence

A word about “circles:” • Used across the nation in K-12 education to build community, resolve conflict and engage around curriculum matters. • Participants sit in a circle formation and talk/listen to each other. • May include students, teachers, parents, other school officials.

https://www.youtube.com/watch?v=USmAJ4EHu8I

“If we ignore the discipline gap, we will be unable to close the achievement gap.” School to Prison Pipeline: Preliminary Report, American Bar Association, February 2016

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U.S. Department of Education, Office of Civil Rights, CRDC 2011-2012 (Published March 2014) U.S. Department of Education, Office of Civil Rights, CRDC 2013-2014 (Preliminary report published June 7, 2016) Smith, E.J. & Harper, S.R. (2015). Disproportionate Impact of K-12 School Suspension and Expulsion on Black Students in Southern States. Philadelphia: University of Pennsylvania, Center for the Study of Race and Equity in Education. Losen, D., Hewitt, D. & Toldson, I. (2014). Eliminating Excessive and Unfair Exclusionary Discipline in Schools: Policy Recommendations for Reducing Disparities. Indiana University, The Equity Project. Redfield, S.E. & Nance, J.P. (2016). School-to-Prison Pipeline: Preliminary Report. American Bar Association, Coalition on Racial and Ethnic Justice. Anderson, C. et al. (2014). Restorative Practices: Fostering Healthy Relationships & Promoting Positive Discipline in Schools. Schott Foundation for Public Education, Opportunity to Learn Campaign