Rethinking Discipline

Federal officials want corporal punishment – rare but legal in Colorado schools – off the books

PHOTO: EWA/Katherine Taylor
U.S. Secretary of Education John King is asking states to prohibit corporal punishment.

U.S. Education Secretary John King on Tuesday urged Colorado and 21 other states to stop allowing corporal punishment in schools, a practice he called “harmful, ineffective, and often disproportionately applied to students of color and students with disabilities.”

The nation’s education chief instead advocated the use of disciplinary measures that create a positive school climate and promote nonviolent techniques for conflict resolution.

King outlined his concerns in a letter to the governors and education chiefs of states that allow disciplinary techniques such as paddling or spanking.

“… The very acts of corporal punishment that are permissible when applied to children in schools under some state laws would be prohibited as criminal assault or battery when applied to adults in the community in those very same states,” King wrote in his letter.

Corporal punishment is defined as intentionally inflicting pain to punish a child or in an attempt to change behavior. The U.S. Supreme Court ruled in 1977 that the practice does not violate constitutional rights.

Fifteen states, most of which are in the South, have policies allowing corporal punishment in public schools. Colorado is one of seven states that lacks a policy banning corporal punishment.

Colorado law requires districts to have clear policies on the use of physical force in dealing with disruptive students and states that discipline codes can’t conflict with child abuse rules.

If the state did ban corporal punishment, it would likely have to come in the form of legislation. Jeremy Meyer, spokesman for the Colorado Department of Education, said if the State Board of Education created such a policy, it would probably be seen as overreach and be flagged by the state’s Office of Legislative Legal Services.

The use of corporal punishment is rare in Colorado, according to the most recent federal data. In 2011-12, it was used on 485 students in the state, or about .05 percent of all Colorado students.

In contrast, the practice was used on tens of thousands of students in states such as Mississippi, Texas and Alabama, according to the U.S. Department of Education’s Office of Civil Rights.

Data collected by that office shows a racial gap in how corporal punishment is dispensed. Nationally, black boys are 1.8 times as likely as white boys, and black girls are 2.9 times as likely as white girls, to receive the disciplinary measure.

And in nearly all of the states where the practice is permitted, students with disabilities were subjected to corporal punishment at higher rates than students without disabilities. Boys are also disproportionately impacted.

“These data and disparities shock the conscience,” King wrote.

King cited myriad research showing that physical punishment actually exacerbates poor behavior, rather than correcting it. Students who receive corporal punishment are more likely to be depressed or show antisocial behavior as adults.

One of the alternatives King proposed is restorative justice, which aims to address the root causes of disagreements and misbehavior through conversation rather than punishment. The practice has already gained steam in numerous Colorado schools, including Denver Public Schools and Aurora Public Schools.

“The most frequently cited rationale (for corporal punishment) tends to be tradition and concern about how schools can ensure safe and orderly environments,” he told reporters in a briefing on Monday. “… (But) there are smarter ways to achieve safe and supportive environments.”

King’s letter comes at a time when Colorado is grappling with its approach to disciplining preschoolers and early elementary students. Over the past two years, there’s been a statewide push to reduce suspensions and expulsions of young children, a practice that disproportionately affects boys of color. It’s likely there will be legislation on the topic during the 2017 session.

Disparities in discipline have been a rallying cry for the Obama administration, which has launched several initiatives aimed at decreasing racial disparities and increasing the use of alternatives to suspension, expulsion and corporal punishment.

It’s unclear how the administration of President-elect Donald Trump will approach the matter, but the head of the nation’s largest teachers union urged continued advocacy against corporal punishment, even as Obama’s administration ends.

“It does not matter who the secretary of education is. … This is a moral matter,” said Randi Weingarten, president of the American Federation of Teachers. “I don’t care if you are a Republican or a Democrat, a conservative or a progressive. …There is no earthly justification for paddling, caning or otherwise physically harming students in schools.”

Tough talk

Hopson warns of ‘disheartening’ TNReady scores while board orders hearings on closing schools

PHOTO: Caroline Bauman
Dunbar Elementary School student Khamaria McElroy stands in line to speak to Shelby County's school board about why her school should stay open.

Superintendent Dorsey Hopson is warning that the state’s soon-to-be-released standardized test scores will be “disheartening” for Shelby County Schools and should galvanize the district to address “underutilized, poor-performing schools that have dire needs.”

The school board took that first step Tuesday evening by starting the process to close two Memphis schools and build two others. In all, Hopson is proposing to close seven schools and build three under his plan released last month.

The board quietly approved the actions after more than 20 community members spoke against Hopson’s plan amid a standing-room-only crowd.

Community meetings will begin next week on the proposed closures of Dunbar and Carnes elementary schools. The district also will ask the Shelby County Board of Commissioners for funding to construct buildings to replace Alcy and Goodlett elementary schools.

Hopson tied the need to reshape Tennessee’s largest school system to upcoming TNReady test scores, which the State Department of Education is expected to release by next week.

“When I listen to the crowd, I hear ‘Close those schools, just don’t close my school,’” Hopson said. “Everyone has reason for why they don’t want certain action to happen, and I respect that. At the end of the day, we have 25,000 more seats than students. There has to be some action around right-sizing the district.”  

State officials have been warning for more than a year that test scores likely will go down under Tennessee’s new assessment, and they did. Last month, the Tennessee Department of Education released statewide TNReady scores showing that the vast majority of the state’s high school students aren’t ready for college based on the state’s rigorous new test and tougher grading scale. The upcoming scores will provide a closer look at the performance of individual districts and schools.

School closures require two votes by the school board, which is scheduled to take up the closures of Dunbar and Carnes again in January or February.

Specifically, the proposal would close Dunbar and consolidate those students in Bethel Grove and Cherokee elementary schools. The closure of Carnes would fold those students into the Bruce and Downtown schools.

“Dunbar is a neighborhood school and the only elementary school in Orange Mound that provides public education,” student Khamari McElroy told the board. “It would be hard to move on, leaving friends and teachers who care so much about us. Our principal and teachers provide excellent lessons. We hear ‘failure is just not an option’ every day.”

Hopson’s plan involves not only closing seven elementary schools — Dunbar, Carnes, Knight Road, Charjean, Magnolia, Lucy and Northaven — but building three new ones to replace Goodlett Elementary, Alcy Elementary and Woodstock Middle.

Lanna Byrd, a veteran teacher at Knight Road, told the board that building new schools isn’t a bad thing, but that she doesn’t understand why Knight Road’s campus was passed over for a new construction project. She said many of the school’s families live in poverty, making it hard to transport their children to schools further away.

“I’ve seen a strong bond developed between parents and students and feel that bond would be broken if this school is demolished,” Byrd said.

Hopson has urged timely action by the school board so that the district could secure funding for new construction. Members of the Shelby County Board of Commissioners, the funding agent for local schools, have expressed support of Hopson’s plan and encouraged the school board to move ahead.

Next week’s community meetings are set for:

  • Carnes Elementary — Dec. 12, 4:30 p.m.
  • Dunbar Elementary — Dec. 15, 6 p.m.

Editor’s note: This story has been updated to include community meeting dates and that the district will seek funding for new schools from the County Commission.

It's a start

Here’s a first look at how Tennessee schools could change under new federal law

PHOTO: TDOE
Education Commissioner Candice McQueen visits a Tennessee school as part of her Classroom Chronicles tour. The commissioner launched another statewide listening tour in May to gather feedback for Tennessee’s plan to transition to the new federal education law known as the Every Student Succeeds Act.

Should schools in Tennessee be held accountable when students miss too much school?

That’s one question that the State Department of Education will float during town hall meetings kicking off this week about its proposed plan for the new federal education law known as the Every Student Succeeds Act, or ESSA. State officials on Tuesday released a preview of the evolving plan, which touches on everything from school turnaround work to teacher preparation to English Language Learners.

Tennessee doesn’t intend to stray far from its five-year strategic plan outlined last year. However, the preview highlights potential changes in how the state measures school quality, provides resources to schools, and addresses low-performing schools. State officials will release the entirety of Tennessee’s first draft by the end of the month.

Town Hall Meetings

  • Knoxville, Dec. 6, 5:30 p.m.
  • Jackson, Dec. 8, 5 p.m
  • Memphis, Dec. 14, 5 p.m.
  • Nashville, Dec. 15, 5 p.m.
  • Chattanooga, TBD

ESSA, which Congress passed last year to replace No Child Left Behind, gives states and local districts more flexibility in how they run schools. But the law also adds provisions such as one that requires states to identify a measurement for school quality that’s unrelated to test scores.

The first draft of Tennessee’s new schools plan was assembled with input from educators during a listening tour last spring, and from groups of advocates, policymakers and educators consulted over the summer and fall. State officials will incorporate further public feedback before submitting Tennessee’s final plan to the U.S. Department of Education next spring for approval.

It’s uncertain how President-elect Donald Trump’s administration will affect states’ plans under ESSA. The new administration will be in charge of interpreting and enforcing the civil rights and accountability law, potentially rendering months of guidance from current U.S. Secretary of Education John King moot.

At the very least, the transition in Washington, D.C., has pushed the deadline for states to submit their plans back by a month to April, and to implement plans back by a year to the 2018-19 school year.

Even so, Tennessee plans to stick to the original deadline and complete its final draft by March, one year after state officials first solicited public feedback on the law.

Here are some proposed changes highlighted in the preview:

Accountability

Tennessee would grade students in part based on chronic absenteeism as part of its new “opportunity to learn” metric, meant to satisfy ESSA’s requirement to evaluate schools with at least one “non-academic” measure. State officials want the new metric to show whether students are able to “grow and thrive” at their school, and might eventually incorporate a range of other data points into it, like school discipline.

Test scores still will figure prominently into how the state evaluates schools, although the preview doesn’t say how much they will count. In addition to achievement scores and growth, the state will grade schools on graduation rates, participation rates on state assessments, and for the first time, progress by English learner students in achieving English proficiency.

All of those factors will be used to assign schools with an A-F letter grade, a requirement of a 2015 state law. Although the letter grades are unrelated to ESSA, state officials are using the planning process to gather feedback on what factors should go into the grades.

“There will be multiple ways to show success, and all schools will have the opportunity to earn an ‘A,’” the preview states.

Low-performing schools

The preview suggests school improvement will become more transparent. ESSA still asks schools to identify its academically lowest 5 percent of schools, and the state would continue to issue a “priority list” of those schools every three years. But under the current draft, local districts would have more say in how to improve their low-performing schools. Currently, the state-run Achievement School District can take control of schools once they slip onto the priority list. The state proposes in coming years to give districts more time to improve schools on their own, and to clearly articulate its expectations and possible interventions for low-performing school according to set benchmarks for test scores and growth.

The state also might provide districts with more resources to improve priority schools through additional funding, as well as competitive grants.

English language learners

ESSA focuses more on English language learners than its predecessor, asking states to report on English proficiency and set clear guidelines for which students should receive English learner services. Beginning next July, Tennessee would use a new screener to determine that. For several years, the state’s English learner students have taken the WIDA assessment to test their language progress. Those scores would be publicly available for the first time under the state’s new plan, and would determine when students are able to graduate from English learner services.

Teacher and student support

Tennessee officials are using ESSA as an opportunity to focus on students’ needs beyond academics. The new U.S. law establishes a federal student support grant that districts can use for programs such as school counselors or school-based mental health services. The state’s plan would make sure that school counselors actually have time to counsel students, versus being tasked with other duties such as administering tests. Districts also would be able to apply for grants for arts, music and foreign language instruction and other enrichment opportunities.

Assessments

Like No Child Left Behind, ESSA requires at least 95 percent of students in grades 3-11 to take end-of-year tests. Tennessee already has pared down the length of its new TNReady assessments and is looking for ways to further winnow down tests for third- and fourth-grade students. The state also is considering subbing out end-of-year tests in 11th grade for the ACT, and is looking for ways to reduce smaller assessments throughout the year for the state’s academic intervention program, called  RTI, or Response to Instruction and Intervention.