Legislating discipline

Not just a Front Range problem: Young boys of color are more likely to be suspended in rural Colorado, too

PHOTO: Photo by Shaina Cavazos/Chalkbeat

When a Colorado bill that would limit suspensions and expulsions among young students met vocal opposition from rural school district leaders in March, a common refrain was that harsh discipline tactics were a Front Range problem, not a rural one.

But a Chalkbeat examination of state data on out-of-school suspensions of students in kindergarten to second grade shows that a key concern of bill advocates — that such methods disproportionately impact boys, especially boys of color — bears out in the state’s rural districts, too.

Last year, the state’s 148 rural districts handed out nearly 500 out-of-school suspensions to early elementary kids, 84 percent of them to boys. Boys in almost every racial and ethnic category were overrepresented in the suspension pool when compared to their overall populations in rural districts.

The disparities were particularly pronounced for black and multiracial boys, who make up just under 2 percent of rural students, followed by white boys, who comprise one-third of rural students.

Supporters of efforts to curb early childhood suspension and expulsion say removing kids from school at a young age can have devastating lifelong consequences — increasing the likelihood of future suspensions and the risk that kids will eventually drop out and end up incarcerated.

House Bill 1210 would curb out-of-school suspensions and expulsions for students in kindergarten through second grade, as well as preschoolers in state-funded programs. It would permit out-of-school suspensions only if a child endangers others on school grounds, represents a serious safety threat or if school staff have exhausted all other options.

In general, suspensions would be limited to three days. Expulsions would be prohibited under the bill except as allowed under federal law when kids bring guns to schools.

The legislation was crafted after months of work by advocates who sought input from an array of sources, including the Colorado Rural Schools Alliance.

At first, the alliance didn’t take an official stand on the bill, but in late March — the same day the House approved the bill — its board voted unanimously to oppose the bill. After that, Republicans in the Senate assigned the bill to a committee that has a track record of killing legislation that leadership opposes. It’s scheduled for a hearing in that committee on Monday.

While not all rural school district leaders oppose the bill, some say the problem the proposed legislation is trying to solve doesn’t apply to them.

Michelle Murphy, executive director of the Colorado Rural Schools Alliance said, “It’s not a rural issue … We are not over-expelling or over-suspending our kids.”

National experts, however, say the problem touches districts of all sizes and types.

“Usually whether it’s rural, suburban or urban, we see a wide range of suspension rates, evidence of excess and unjustified disparities,” said Dan Losen, director of the Center for Civil Rights Remedies at the University of California, Los Angeles. “We see it everywhere.”


Murphy said there’s been no outcry in Colorado’s rural districts from parents or community groups about discipline in the early grades.

Losen said there can be a variety of reasons for that. Parents may not be aware of data that illuminates discipline disparities. They may also be ashamed that their children behaved poorly at school or feel intimidated by school officials.

If parents are undocumented immigrants, Losen said, “the last thing they’re going to do is challenge school officials about anything.”

Taken together, Colorado’s rural districts do have lower suspension rates in the early childhood years than non-rural districts. Colorado’s rural districts educate about 16 percent of the state’s students and hand out 9 percent of the early elementary suspensions, according to 2015-16 data from the Colorado Department of Education.

The numbers, however, vary widely by district.

Dozens of rural districts suspended no kindergarten through second-grade children last year. Dozens of others suspended at least a few, with several handing out more than 20 suspensions. (Expulsions of young children are rare in all types of school districts, with only six statewide last year.)

There are dramatic differences in out-of-school suspension rates even in similarly sized rural districts. For example, the 1,360-student East Otero district in southeastern Colorado handed out 32 suspensions to children in kindergarten through second grade last year, while the 1,320-student Fremont RE-2 district suspended one.

East Otero Superintendent Rick Lovato said part of the reason for the high number of suspensions last year at La Junta Primary School was a new principal and assistant principal who put in place stricter behavior guidelines after a year in which students were being sent to the office constantly for bad behavior.

The vast majority of suspensions — some children received two or three that year — were for violent behavior such as punching, fighting, kicking and biting, Lovato said. This year, so far, kindergarten to second grade suspensions are down to 12.

“Kids and parents have adjusted to the culture and understand what those boundaries are,” said Lovato.

He said the district is working to reduce out-of-school suspensions in all grade levels at all three of its schools.

Lovato said he’s on the fence about House Bill 1210. While he’s adamantly against early elementary expulsions and believes nearly all early childhood suspensions given in East Otero would be allowed under the legislation, he feels districts should get to have the final say in such decisions.

High poverty rates can sometimes drive high suspension rates, but it’s far from universal in Colorado’s rural districts. For example, the 3,600-student Canon City district, where about half of students come from low-income families, gave out 43 early elementary suspensions last year while the nearly 5,000-student Garfield RE-2 district, where the same proportion of students come from low-income families, gave out nine.

Losen said how heavily a building relies on suspension has a lot “to do with the school principal and the culture and history of a school.”

“You tend to see it where resources are really scarce and folks don’t feel they can teach all kids,” he said.

Given the state’s perennial school funding crunch, many rural superintendents argue that limited resources play a part. They say shoestring budgets make it hard to afford counselors, social workers or other staff who could help children with challenging behavior.

Correction: An earlier version of this story incorrectly stated that East Otero had suspended 32 children last year. In fact, the district gave out 32 suspensions last year, with some children receiving multiple suspensions. Also, a previous version of the story quoted the Fremont Unified School District director of student support services. That school district is in California. The administrator gamely answered our questions about Colorado legislation, and we quoted him. We meant to contact the Fremont R-2 school district in Florence, in southern Colorado, to ask about the district’s low suspension rates. We regret getting our Fremonts mixed up.

early intervention

Meet Colorado’s resident expert on early childhood mental health

Jordana Ash, Colorado's director of early childhood mental health

Jordana Ash holds a job that doesn’t exist in most states.

She’s Colorado’s director of early childhood mental health — a position created three years ago within the state’s Office of Early Childhood. A local foundation paid Ash’s salary for 18 months and then the state took over.

The addition of a high-level state job dedicated to the mental health of young children was a win for advocates, coming at a time of growing awareness about the long-term impact of childhood trauma. Ash said her role helps infuse both the Office of Early Childhood, where her unit is housed, and other state agencies with programs and policies focusing on child mental health.

Before coming to the Office of Early Childhood, which is part of the Department of Human Services, Ash ran a mental health consultation program in Boulder for 13 years.

We sat down with Ash this week to discuss her background, the state’s work on early childhood mental health and her thoughts on the recent defeat of state legislation that would have limited early childhood suspensions and expulsions.

The interview has been edited for clarity and length.

What sparked your interest in early childhood mental health?
My first job out of graduate school was in Alameda County, California and I was a child welfare worker. I didn’t have a lot of life experience at that time. I didn’t have children of my own. I didn’t know a lot about child development. But what I could really do is listen to families. We met families at the hardest times.These were families whose children were removed for suspicion of abuse or neglect.

Everybody has a story and if you spend time listening, you will hear about their hopes for their child, things that bring them joy in parenting. To me, it’s about the stories and what parents do every day to try to do better for their kids.

Can you put into context Colorado’s work on early childhood mental health compared to work in other states?
Colorado is really in a unique position compared to other states. My position was created three years ago with philanthropic dollars (from the Denver-based Rose Community Foundation, which is also is a financial supporter of Chalkbeat) looking to get a position in state government completely focused on early childhood mental health.

There are very few states that have a position of leadership in state government with (early childhood mental health) being their primary focus. Minnesota has a similar position, Connecticut has a coordinator position. A couple of states are coming along. Other states have recognized that it’s a wise investment to have a position where you can really institutionalize some of those important changes and policies for statewide reach.

Can you talk about the major efforts your unit is working on now?
Our two main initiatives are the mental health (consultant) program and Colorado Project LAUNCH. (See this story for more about Project LAUNCH.)

We are (also) studying the effects of parent adversity on child well-being. We were (also) selected to receive three years of technical assistance on infant and early childhood mental health consultation. We’re hoping that helps us finalize our system of consultation in Colorado so we are a premier program that other states look to.

Last year, the state doubled the number of early childhood mental health consultants available to help child care providers and preschool teachers manage challenging behavior. How is it going?
Our state-funded program of 34 full-time positions is one of the largest (in the nation). We’re working really hard on developing Colorado’s system of mental health consultation so it’s consistent — for state-funded positions, for positions funded by philanthropy for programs that have their own hired consultants — so everyone is working toward the same standard of practice.

Can you share an anecdote about how mental health consultation works?

I can think of a situation where a consultant provided support for a cook at a child care center. Her child was enrolled in the program. This was a 3-year-old with a lot of challenging behaviors. At first, (the mother) was really nervous to talk to the consultant. She confused the role of the mental health consultant with something like social services and wondered if she was going to be judged or somehow scrutinized about her parenting. She had never had contact with any kind of mental health service before.

In getting to know the consultant not only did she find some new ways to interact with her child so that he could be more successful in the classroom and at home, but she also had her first experience with a mental health professional. It reduced the sense of stigma (around) getting mental health help.

She found that she could get a better position at the child care center because her child was successful in his classroom. She wasn’t having to take him home because of his problems.

What advice do you have for child care providers or early childhood teachers who are at their wits’ end over a child’s challenging behavior and haven’t accessed a consultant? Take a deep breath. We want to understand that that child is telling us something. We might not understand what that behavior means but it’s our responsibility as adults to help figure that out.

We really encourage providers to access a mental health consultant or other support right away when they’re starting to be puzzled or concerned about a child’s behavior. It’s much easier to intervene if you have new ideas sooner in the process.

The role of child care providers and teachers is critically important. So we are not in a position to judge or to evaluate what you’ve done. We’re in a position to partner with you and help you provide the best care you can.

To locate an early childhood mental health consultant, providers can call 303-866-4393.

What advice do you have for parents who know their child is acting up at preschool or child care and worry they could get counseled out or kicked out?
Reach out and connect directly with your child care program about the problem before you start feeling like your child may be at risk of being suspended or expelled. That partnership between parents and providers is the most powerful part of a solution.

I would also say you can talk to your child’s primary care physician as a start. Maybe there’s a developmental concern your physician can help figure out and that’s gonna be a really important piece of the puzzle.

Connecting with a mental health consultant in your area is a really good solution to start looking at the causes of those challenging behaviors and to start putting in place some interventions while other tests or other assessments are being done.

For help locating a mental health consultant, parents can visit: http://www.coloradoofficeofearlychildhood.com/ecmentalhealth

What are your thoughts on the bill killed during Colorado’s 2017 legislative session that would have limited suspensions and expulsions in preschool and kindergarten through second grade?

The fact that the bill made it as far as it did meant lots of people were invested, were having great conversations about this problem in a way we never (had) before. Stakeholders were for the first time …. considering issues of disproportionality and implicit bias in a way that was a first. We had never had that kind of visibility to the early childhood time period and this very complex issue that affects children’s trajectories way into their school years.

Would you like to see a similar bill pass next year?
As an office, we’d be super interested in whatever’s put forward.

Early education

Colorado gets good marks on preschool access for 3-year-olds, not so much on funding

PHOTO: Ann Schimke
Preschoolers play dress-up on a recent morning at Fairview Elementary in the Westminster school district.

While Colorado ranks near the back of the pack for state preschool funding, it gets relatively high marks for providing preschool access to the state’s 3-year-olds, according to a report released Wednesday by the National Institute for Early Education Research.

Colorado ranked 11th for 3-year-old access among 33 states offering preschool to 3-year-olds. The state-funded Colorado Preschool Program, which is for children with certain risk factors, served about 5,400 3-year-olds and about 15,700 4-year-olds last year.

PHOTO: NIEER
This chart shows the percentage of Colorado children served by state-funded preschool over time.
PHOTO: NIEER
This chart shows how Colorado’s per-pupil preschool funding has changed over time.

Colorado ranked 24th of 44 states for 4-year-old preschool access in the state-by-state report, slightly worse than last year. Seven states, including Colorado’s neighbors, Wyoming and Utah, don’t fund preschool at all.

Besides gauging preschool funding and access, the new report revealed that Colorado meets five of 10 benchmarks designed to judge preschool quality. Last year, the state met six of the benchmarks, but several benchmarks changed this year in what the research institute described as an effort to raise the bar.

State officials said that observers should take Colorado’s middling benchmark score with a grain of salt because while the state didn’t get credit for having certain standards enshrined in state policy, the standards are widely practiced by school districts that participate in the Colorado Preschool Program. One example is the benchmark that calls for vision, hearing and health screenings of preschoolers — Colorado didn’t check that box, but most districts conduct the screenings.

Two other benchmarks that Colorado doesn’t meet include a requirement for lead teachers to have a bachelor’s degree and assistant teachers to have a Child Development Associate credential.

Cathrine Floyd, program director for the Colorado Preschool Program and Results Matter Program at the Colorado Department of Education, said the degrees are highly encouraged by the state but not required. That’s because some state-funded preschool slots are offered at community-based preschools that would not be able to afford to pay teachers if they all had higher-level degrees, she said.

Among the five benchmarks Colorado meets on the revised list are two related to class size and staff-student ratio, one related to teacher training, one related to state early learning standards and one related to preschool curriculum.

Floyd and her colleagues described the annual report from the well-regarded National Institute for Early Education Research as a good starting point for conversation, but said the state’s annual Colorado Preschool Program report provides more detail and context about Colorado’s progress.