«Racial discrimination in our nation's educational systems persists and both the Departments of Education and Justice are failing to protect the civil rights and educational future of our Black and brown students,» said Todd A. Cox, director of policy at the NAACP Legal Defense and Educational Fund, Inc. «This administration must stop endangering students of color and instead ensure equal educational opportunities and foster educational excellence by upholding
the federal school discipline guidance and promoting policies and programs that keep students safe.»
As news reports indicate that officials in the Department of Education are considering rescinding the guidance, we urge members and allies to tell the Department of Education to keep the important 2014
federal school discipline guidance in place.
The guidance — jointly released by the U.S. attorney general and the secretary of education on January 8 — includes specific examples that demonstrate how schools can administer student discipline without discrimination, guiding principles that detail discipline best practices, information about
federal school discipline and climate technical assistance, and an online catalog of school discipline laws and regulations for each of the 50 states.
We're asking parents, students, and other community advocates to join us in the fight to maintain
the federal school discipline guidance, which is a critical tool that can help schools and districts reduce the use of practices that push students out of school (e.g. suspensions and expulsions) and prevent them from disciplining in ways that discriminate against students of color.
For example,
the federal school discipline guidance jointly released by the U.S. departments of Education and Justice in January 2014 not only mentions implicit bias as a factor that may affect the administration of school discipline, it also encourages school personnel to receive implicit bias training.
Not exact matches
As a member of the Education & Workforce committee, I strongly oppose recent efforts to reduce
federal funding in these areas, and I am the author of H.R. 258, the STEM Master Teacher Corps Act, which would award competitive grants to
school districts or states to partner with colleges and universities or nonprofit organizations to establish a program which will develop, support and retain exceptional teachers in the STEM
disciplines.
Withdrawing that guidance could slow the pace of change in the area of
school discipline, but it would only do so if districts decide to change their approach as the pressure from the
federal government recedes.
Experts in the various
disciplines would develop national standards for what students should know and be able to do at key points in their
schooling; a
federal council of distinguished citizens would review and certify the standards as worthy of emulation; states and
school districts would voluntarily adopt them; teachers would teach to them; and students would achieve them.
But more than anything I hope I have convinced you that using the
federal civil rights apparatus to address something as central to
schooling as student
discipline is... complicated.
Experts in the various
disciplines would develop national standards for what students should know and be able to do at key points in their
schooling; a
federal council of distinguished citizens would review and certify the standards as worthy of emulation; states and
school districts would voluntarily adopZwcm; teachers would teach to them; and students would achieve them.
«Civil Rights Enforcement Gone Haywire: The
federal government's new
school -
discipline policy» will be available at educationnext.org and will appear in the Fall 2014 issue of Education Next.
Administrators in the 5,000 - student Westside
school district in Omaha, Neb., he said, keep running into questions about
federal special education law during routine tasks such as
disciplining disabled students or meeting with parents.
The extent to which Uncle Sam should intrude himself into
school discipline practices — and the extent to which «disparate impact» should intrude itself into
federal civil - rights policies — are hugely important issues, with or without charter
schools.
Federal education minister Simon Birmingham told Education Review, «The research demonstrates that more money spent within a
school doesn't automatically buy you better
discipline, engagement or ambition.
As much as empirical challenges may seem to render this debate theoretical, it is a critical one for policy: the authority to issue
federal guidance to
schools on
discipline disparities comes directly from administrative authority to enforce the Civil Rights Act, which requires either different treatment or disparate intent.
To discern the larger contours of the legal climate facing
schools, we analyzed all appellate - level
federal and state court cases in which
school efforts to
discipline and control students have been challenged.
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.
If the Obama Administration's 2014 «Dear Colleague» letter on
school discipline had been just another one of the zillion «guidance» documents sent by
federal agencies to
school systems every year, it would not deserve much concern.
Having their initial application for
federal funds denied was «heartbreaking,» said Calhoun County
Schools E-rate coordinator Kim Poteete, who also serves as the small district's alternative schools director, crisis managment coordinator, discipline committee chair, and federal programs coord
Schools E-rate coordinator Kim Poteete, who also serves as the small district's alternative
schools director, crisis managment coordinator, discipline committee chair, and federal programs coord
schools director, crisis managment coordinator,
discipline committee chair, and
federal programs coordinator.
Now we can add
school discipline reform — especially as it relates to the
federal role in civil rights enforcement — to the list.
Unfortunately, issues as complicated as teacher evaluation and college costs — let alone
school discipline and campus sexual assault — can not simply be ironed out with mandates,
federal «guidance,» and more money.
The problem stems from parents» concern that their own children might be denied promotion or graduation based on a test score; from voters» confusion when their own upscale suburban
schools are deemed to be failing by state or
federal accountability systems even though most of the graduates do just fine; and from frustration when parents — often prompted by teachers — conclude that the basic - skills testing regime yields too much «drill and kill,» too little flexibility, and insufficient attention to art, music, and other creative
disciplines.
The extent to which Uncle Sam should intrude himself into
school discipline practices — and the extent to which «disparate impact» should intrude itself into
federal civil - rights policies — are hugely important issues.
Federal scrutiny of local decisions about
school discipline is something that gives many Republicans pause, so this is something that could carry over into the general election season.
4) A majority of people oppose the
federal government's new policy on
school discipline.
While woefully short on details, this proposal makes clear that the administration seeks to create a new $ 250 million
federal program that will allow taxpayer dollars to flow to private
schools, which are not accountable; can discriminate in admissions and
discipline; and are not subject to basic monitoring, oversight, and civil rights laws.
Characterizing its practice as a «general practice for a specialized clientele,» the firm provides legal advice and expertise to handle any and all needs of a
school district, including fair dismissal personnel issues, allegations of employment discrimination and EEOC complaints, other personnel disputes, student
discipline issues, student tribunal hearings, civil rights claims, personal injury actions,
federal and state constitutional claims and other litigation, special education and other legal issues involving disabled students, contracts, leases and other business needs, policy and rule development, construction disputes, bond and SPLOST issues and other financial matters.
Providing a general law practice for a specialized clientele, Harben, Hartley & Hawkins meets all of the legal needs of
school districts including: fair dismissal personnel issues, allegations of employment discrimination and EEOC complaints, other personnel disputes, student
discipline issues, student tribunal hearings, civil rights claims, personal injury actions,
federal and state constitutional claims and other litigation, special education and other legal issues involving disabled students, contracts, leases and other business needs, policy and rule development, construction disputes, bond and SPLOST issues and other financial matters.
In the wake of
federal data that shows continued disparities in
discipline in
schools across the country, the webinar will focus on how advocates and organizers can use the data to spark change in their communities.
The op - ed decried what it called «relaxed»
discipline that has resulted from the
federal guidance and claimed that
schools are causing harm to «good» kids when suspensions and expulsions are reduced.
Recently, E4E teachers have ramped up their work in ending disparities in
school discipline through both local and
federal advocacy.
I can't find any suspension or
discipline incidents to speak of when I look at data from Minneapolis's Lake Harriet Lower
School, a K - 4 site where 85 percent of students are white and 6 percent live in poverty, according to
federal guidelines.
In addition to the growing body of research supporting the benefits of alternative campus
discipline programs, there is now
federal pressure for districts to rethink their practices:
schools may face sanctions if
discipline policies are found to unfairly target minority students.
After several congressional leaders — most notably Rep. Barbara Lee of California — roasted U.S. Secretary of Education Betsy DeVos for continuing to weaken the department's Office for Civil Rights and effectively abandoning the
federal role in protecting the civil rights of poor and minority children, Harris essentially encouraged DeVos (along with the planned commission on
school safety over which she will be chairing) to toss the
school discipline reform measure into the ashbin.
In print, quotes to the press, and social media, Petrilli has expressed doubt over the extent of racial bias in
discipline and has argued for the removal of
federal discipline guidance, maintaining that it makes
schools and students less safe.
Findings that administrators»
discipline decisions reflect community norms are particularly relevant as the new
federal administration promises to promote the privatization, deregulation, and localization of
schools.
Furthermore, private
schools receiving vouchers are not accountable for student performance and
discipline practices, and are not always subject to
federal civil rights laws.
The
federal Office of Civil Rights has the responsibility to ensure that racism is not a factor in
school discipline policies or the public education system writ large.
Federal policymakers must strike a balance between federal oversight and local control by working with practitioners and other education stakeholders to select, establish, and enforce effective and equitable school discipline po
Federal policymakers must strike a balance between
federal oversight and local control by working with practitioners and other education stakeholders to select, establish, and enforce effective and equitable school discipline po
federal oversight and local control by working with practitioners and other education stakeholders to select, establish, and enforce effective and equitable
school discipline policies.
Federal guidance remains essential for holding our
school systems accountable at the local level and for keeping this issue at the center of the national dialogue so that we can bring an end to racial and
discipline disparities and support all students to succeed in communities across our nation.
Just last week, U.S. Attorney General Eric Holder, U.S. Secretary of Education Arne Duncan and Connecticut's own United States Senator Christopher Murphy participated in a press conference in Baltimore to release new
federal guidelines about appropriate
school discipline.
E4E teachers came to D.C. on the 50th anniversary of Martin Luther King Jr.'s assassination to share with Secretary DeVos that the
Federal Department of Education has a critical role to play in protecting the civil rights of all students and as a result must continue to highlight the disparities that exist in
school discipline, investigate districts where those disparities may be caused by bias, and support the implementation of strategies to reduce punitive
discipline.
Twenty - three major organizations from across the country also signed a letter sent to Secretary DeVos, in which they stressed: «This
federal guidance remains essential for holding our
school systems accountable at the local level and for keeping this issue at the center of the national dialogue so that communities can work together to create solutions that bring an end to racial and
discipline disparities and provide support so that all students can succeed in our nation.»
He rescinded
federal guidance on the rights of LGBTQ students and on discrimination in
school discipline.
Larry: What
Federal and / or state policy changes do you think would do the most to ensure continued progress in creating supportive
school discipline and fostering equity in our
schools?
The
federal government's new
school -
discipline policy Education Next commentary by Richard A. Epstein, professor of law at New York University
In everything from instructional and
discipline strategies they use each day to how much homework students receive each night, teachers reported in the
federal Schools and Staffing Survey that they feel they had less professional autonomy in 2012 than in 2003.
Yesterday, I met with Secretary of Education Betsy DeVos to defend
federal guidance that supports
schools to tackle
discipline without discriminating.
That 2014 civil rights guidance — jointly issued by the U.S. Departments of Education and Justice — put
schools on notice that they may be found in violation of
federal civil rights laws if they enforce intentially discriminatory rules or if their policies lead to disproportionately higher rates of
discipline for students in one racial group, even if those policies were written without discriminatory intent.
The guidance told
school districts that
discipline policies could be found in violation of
federal civil rights law based on discriminatory effects, even if the policies are neutral on their face.