The Children's Defense Fund has been highlighting
the disparate impact of school discipline policies on children of color and poor children since the publication of our 1975 report, School Suspensions: Are They Helping Children?
Not exact matches
Then last fall OCR decided to wade into
school finance under the banner
of disparate impact analysis.
This one demands that each
school district provide a detailed accounting
of resources available to each
school in order to avoid allegations
of racially
disparate impacts on
school children.
In another timely feature, Shep Melnick gives us an assessment
of the October 2014 «Dear Colleague Letter» from the Education Department's Office for Civil Rights, which demanded that each
school district provide a detailed accounting
of resources available to each
school in order to avoid allegations
of racially
disparate impacts on children.
The departments, citing the Civil Rights Act
of 1964, gave the
school districts «guidance on how to identify, avoid, and remedy discriminatory discipline,» telling them they risked legal action if
school disciplinary policies had «a
disparate impact, i.e., a disproportionate and unjustified effect on students
of a particular race.»
• Epstein says the DOJ and ED err when arguing against disciplinary policies on the basis
of «
disparate impact,» a phrase with a legal history that, «when applied to
schools, imputes race - conscious behavior on the part
of school administrators.»
They will likely rescind the policy guidance promulgated by the Obama team that applied «
disparate impact theory» to the issue
of school discipline.
Today's guidelines announced in Baltimore by the Justice and Education Departments brings the tortured logic
of disparate impact to
school discipline.
In a series
of essays, Michael Petrilli has raised concerns that applying
disparate impact theory to
school - discipline reform is an unsound overreach by the federal government and will cause chaos in the classroom.
Most importantly, the guidance reminded
schools and districts that, pursuant to the Civil Rights Act
of 1964, (and the corresponding
disparate impact regulations established in that era), they have an obligation to eliminate unjustifiable policies associated with excessive and
disparate discipline.
District officials were advised that they risk legal action if
school disciplinary policies have «a
disparate impact, i.e., a disproportionate and unjustified effect on students
of a particular race.»
The package included a «Dear Colleague» letter, issued jointly by DOE and DOJ, warning against intentional racial discrimination but also stating that
schools unlawfully discriminate even «if a policy is neutral on its face — meaning that the policy itself does not mention race — and is administered in an evenhanded manner but has a
disparate impact, i.e., a disproportionate and unjustified effect on students
of a particular race.»
In 2014 the departments
of Education and Justice together sent each
school district a letter advising them that they risked legal action if disciplinary policies had a
disparate impact on students
of a particular race.
How about
school discipline and the use
of «
disparate impact» gauges to determine whether discrimination is occurring?
For instance, a long discussion
of charter -
school results cites two
of the important CREDO research reports but omits a crucial third one that shows hugely
disparate impacts of different types
of charter
schools (with those operated by nonprofit charter management organizations vastly outperforming «mom - and - pop» and other charter sectors such as for - profit and online charter
schools).
But the DOJ and ED err in arguing against the policies on the basis
of «
disparate impact,» a phrase with a legal history that, when applied to
schools, imputes race - conscious behavior on the part
of school administrators.
In excruciating detail, Rebell and Block show how OCR's effort to apply
disparate impact analysis to
schools in New York and four other large cities produced an «eclectic package
of standards and methods» that «did not prove viable in practice.»
Dunn argues that the Office
of Civil Rights in the U.S. Department
of Education has been using «
disparate impact analysis» to issue profoundly misguided policies on
school discipline and
school finance.
OCR has made its investigatory power so open - ended that it can look at everything and anything that goes on in a
school, and it has created a
disparate impact standard so rigid that it can always find a violation
of federal law.
Mike Petrilli has already exposed the folly
of the agency's witch hunt for
disparate impact in
school discipline and explained the challenges it will pose for educators trying to run
schools that are conducive to learning.
By a large margin, the public opposes «no -
disparate impact» policies, regardless
of whether the federal government or the local
school district formulates them.
Under this «
disparate impact analysis,» once federal officials determine that the distribution
of any resource disadvantages a protected minority,
schools must not only «demonstrate that the policy or practice is necessary to meet an important educational goal,» but also show that there is no «comparably effective alternative policy or practice that would meet the
school district's stated educational goal with less
of a discriminatory effect.»
The misalignment
of school and work schedules has a
disparate impact on black, Latino, and low - income working parents.
To view a copy
of «Opportunities Suspended: The
Disparate Impact of Disciplinary Exclusion From
School,» by Daniel Losen and Jon Gillespie, please click here.
(Los Angeles, CA) Today, the Center for Civil Rights Remedies at the Civil Rights Project / Proyecto Derechos Civiles issued «Opportunities Suspended: The
Disparate Impact of Disciplinary Exclusion From
School,» a nationwide report based on an analysis of Federal government suspension - related data from the 2009 - 10 school year for grades K
School,» a nationwide report based on an analysis
of Federal government suspension - related data from the 2009 - 10
school year for grades K
school year for grades K - 12.
Source: «Opportunities Suspended: The
Disparate Impact of Disciplinary Exclusion from
School.»
But the new study, «Opportunities Suspended: The
Disparate Impact of Disciplinary Exclusion from
School,» is different for two primary reasons.
Read full article «Opportunities Suspended: The
Disparate Impact of Disciplinary Exclusion from
School»
Examples
of policies that can raise
disparate impact concerns include policies that impose mandatory suspension, expulsion, or citation (e.g., ticketing or other fines or summonses) upon any student who commits a specified offense — such as being tardy to class, being in possession
of a cellular phone, being found insubordinate, acting out, or not wearing the proper
school uniform; corporal punishment policies that allow
schools to paddle, spank, or otherwise physically punish students; and discipline policies that prevent youth returning from involvement in the justice system from reenrolling in
school.
Daniel J. Losen and Jonathan Gillespie, Opportunities Suspended: The
Disparate Impact of Disciplinary Exclusion from
School
Opportunities suspended: The
disparate impact of disciplinary exclusion from
school.
Some critics fear the change would have a
disparate impact on law
schools with significant numbers
of minority students, whom studies have shown traditionally don't do as well on standardized tests, which is also a concern
of the council.