discipline dispute

As national debate over discipline heats up, new study finds discrimination in student suspensions

PHOTO: Grace Tatter

Black students in Louisiana are suspended for slightly longer than white students after being involved in the same fight, according to new research that adds to a roiling national debate about school discipline.

The study comes as the U.S. Department of Education appears to be considering rescinding Obama-era guidance on school discipline. Its findings — that black students are treated more harshly — bolster the case of civil rights groups that want the guidelines to remain, noting that suspension rates for America’s black and poor students remain disproportionately high.

“Given that we find that direct discrimination occurs in this context, with a black and white student receiving different punishments for the same exact incident, it seems likely that direct discrimination would [also] occur where discipline disparities are less visible,” the researchers write.

Still, the difference between suspensions given to black and white students was quite small, amounting to a fraction of a school day.

The research, released by the Education Research Alliance at Tulane University, used a trove of discipline data from Louisiana that stretched from 2001 to 2014. Consistent with past research, the study finds that black and poor students have substantially higher suspension rates than white and more affluent peers.

Figuring out why is tricky. Is it because certain groups of students behave differently, or because teachers and administrators respond differently to the same behavior?

The study can’t rule out the possibility that the small difference in length of suspensions was due to factors like whether one student instigated the fight. But the researchers argue that a fight between two students is an objective offense where school officials would be expected to treat participants similarly. The fact that even in this context there is evidence of bias, however small, is worrisome, they say.

The study is directly relevant to the debate about the 2014 federal guidance, which warned schools that the Department of Education might initiate civil rights investigations “based on public reports of racial disparities in student discipline combined with other information.” U.S. Education Secretary Betsy DeVos recently said she was “looking closely at” this guidance, and conservatives have urged her to scrap it altogether on the grounds that it has contributed to disorder in schools.

Much of the debate turns on how to interpret well-documented disparities in suspension rates.

Mike Petrilli, a critic of federal efforts to monitor school discipline and the head of the Fordham Institute, a conservative think tank, analogizes the debate to the discussion around the test-score “achievement gap.”

“Nobody would say that we’re going to look at these achievement gaps and say that all of the achievement gap is because teachers are racist,” he said. “We might say part of that is.”

Petrilli suggests that the guidance has schools fearing that they risk being accused of discrimination based just on suspension differences across student groups.

Catherine Lhamon, who served as the assistant secretary for civil rights at the education department under Obama and is now the chair of the U.S. Commission on Civil Rights, said that guidance doesn’t suggest that suspension rates should be interpreted as proof of discrimination. “Data alone is not evidence of discrimination,” she said, but it “is relevant to an inquiry.”

The Tulane study marks an attempt to see if discrimination really is at play. The researchers compared the length of suspensions given to black and white students for the same infraction in Louisiana. Black students, they found, are suspended for longer — 2.6 school days, compared to 2.2 days. This gap shrinks but still exists when comparing black and white students in the same school, grade, and school year.

That suggests, but does not prove, that there is discrimination involved in those decisions.

The researchers then examined suspensions after a fight between a black and a white student. They found that, even controlling for past incidents of fighting, black students receive longer suspensions — though the difference was very small, equivalent to black students facing one additional day of suspension for every 20 fights.

Past studies have come to conflicting results on the question of bias: Consistent with the theory of bias, black students are more likely to be suspended for those discretionary offenses than objective behaviors. Black teachers are also less likely to suspend black students compared to white teachers and perceive behavior of black students differently.

On the other side, there is evidence that the race-based gap in discipline is accounted for by past behavioral issues (though if those prior behaviors were reported with bias, that would invalidate these results).

The Tulane study points out that even if discipline disparities are not caused by direct bias at the school level, they likely are due to broader societal issues, including long-standing discrimination.

Even if schools are responding to genuine differences in behavior across groups of students, the authors write, “this exonerates neither schools nor broader societal forces from contributing to varying levels of misbehavior.”

As DeVos reconsiders, the debate intensifies

Meanwhile, Petrilli says he is trying to reduce the intensity of the debate, writing a blog post titled, “In search of common ground on school discipline reform.”

The debate seems to be growing more polarized instead.

Just recently, Petrilli organized a visit for teachers who said school discipline reforms had led to chaos in the classroom to speak to leaders at the U.S. Department of Education. Katherine Kersten, who wrote an essay critical of discipline reform efforts titled “No Thug Left Behind,” helped connect Petrilli to Minnesota teachers for the visit.

(Kersten said she didn’t write the title, though didn’t see a problem with it. “Some children are thugs,” she said in an interview.)

And an op-ed in the New York Daily News by Max Eden and Robert Pondiscio linked school discipline reform efforts in New York City to the recent stabbing death of a high school student. (There’s no evidence that changes in discipline policies led to this fatality, though they point to surveys showing a decline in students who felt safe at the school.)

Progressives are also on high alert about the Trump administration’s record on civil rights.

In an op-ed earlier this year, former Secretary of Education Arne Duncan linked student suspensions to a broader critique of the administration, writing, “Leaving enforcement of civil rights laws to states will breed chaos, undermine the education of millions of children, and subject students of every age to abuse, neglect, indifference and outright racism, sexism, and anti-immigrant hostility.”

While conservative critics of the discipline reform efforts have embraced teachers who say the policies have been poorly implemented, national teachers unions say they support the existing guidance.

“Black students are nearly four times more likely to be suspended than their white peers for the same infractions,” said Randi Weingarten, the president of the American Federation of Teachers, in a statement. “We must confront the racial bias that underlies that reality, which the current guidance attempts to do.” Weingarten has written about her own change of heart about harsh discipline policies.

Harry Lawson, the director of human and civil rights at the National Education Association, also said the union was opposed to rescinding guidance, but said some places that have implemented discipline reforms have hit challenges.

Even supporters have acknowledged as much. A report by the Advancement Project, a civil rights group that backs reduction in exclusionary discipline, for instance, found that the Miami-Dade school district’s promise to eliminate student suspensions led to the creation of “student success centers” that became “little more than warehouses for students who have been removed from school.”

Lawson said the key is training and resources to implement alternatives to suspensions. He said the NEA sometimes hears feedback from members akin to the teachers from Minnesota who spoke to Department of Education officials — but that they weren’t representative.

“What we also hear more of is a recognition from our members that there is something wrong [with exclusionary discipline],” he said. “And generally what they are asking is, what do we do … and can you all support us?”

How this Indiana teacher helps hospitalized students transition back to school

PHOTO: FS Productions / Getty Images
Nurse talking to girl in hospital bed

Here, in a feature we call How I Teach, we ask educators who’ve been recognized for their work how they approach their jobs. You can see other pieces in the series here.

When Sara Midura meets her students, they’ve often just gone through a crisis.

As an educational liaison at Riley Hospital for Children, Midura is both a teacher and an educational advocate for patients in the Simon Skjodt Child and Adolescent Behavioral Health Unit. She helps them keep up with schoolwork and transition back to school once their hospital stay is over.

“Many times, the students who come to us are either slipping through the cracks or seen as having huge ‘behavior issues,’” Midura said.

Her work includes easing the anxiety of a student returning to school; partnering with the family, school, and treatment team to make sure a student’s behavioral health needs can be met; and finding a “go-to person” at school who understands the student’s situation.

Midura, who was recently named one of the top 25 finalists for 2019 Indiana Teacher of the Year, talked to Chalkbeat about how she supports hospitalized children and how the lack of mental health resources in schools can affect students.

This interview has been condensed and lightly edited.

Was there a moment when you decided to become a teacher?

I decided to be a teacher in kindergarten — I loved my teacher and loved school, so it felt like a no-brainer to my 5-year-old self! I proceeded to force my friends to play school with me in my basement and made lesson plans during days that I stayed home sick. I toyed with other ideas for professions through my K-12 education, but solidified my desire to be a teacher as a camp counselor during my high school years.

How do you get to know your students?

Since I only have my students for a short period of time, I try to capitalize on the time I have with them by having them fill out a “school profile,” which really serves two purposes. Since the first time I meet the kiddos is almost always their first day on the unit following a crisis, I know that they are not functioning in their prefrontal cortex and are in crisis mode. They understandably are typically shut off, so the school profile is a great way for them to easily and safely let me get to know them a bit. It starts a good rapport, and I can always connect to something in there. Then each day I just make sure I check in with them, always reminding them that I am their advocate. We talk about school, life, and anything else. It can be easier to get to know them since they are in such a small group setting of up to 10 kids. This is my favorite part of the job!

Tell us about a favorite lesson to teach. Where did the idea come from?

I am certified in Applied Educational Neuroscience (I took a nine-credit hour graduate course at Butler University with Lori Desautels), so I run a group on my unit every week called “Brain Club.” In this, I teach students about their brains, stress, emotions, and how the coping skills we teach them in their therapies and on the unit are truly brain regulation strategies. We talk about the different parts of the brain, which ones we function in where, our amygdala and fear, and so much else! The kids typically love brain club and are so engaged!

What object would you be helpless without during the school day?

My iPad! Between playing music — I cannot work in silence! — looking up information to help students with their assignments, and using the different educational apps to fit all of my kids’ needs, I bring my iPad with me everywhere.

What’s something happening in the community that affects what goes on inside your class?

Mental health resources, or the lack thereof in many districts, greatly impact what happens inside my classroom and on my unit. There are many schools that are so underfunded and lacking resources, leaving staff burnt out. In my mind, this creates and unsafe environment for my patients returning to school. My patients need a school staff that can understand mental/behavioral health.

Tell us about a memorable time — good or bad — when contact with a student’s family changed your perspective or approach.

The first really challenging case that I had was a few months into me working on the unit. We had a very high-achieving student who was going through some intensive setbacks, and the student’s dad was extremely concerned about school. I assured him that we would be able to “fix” everything with school and ensure that it went back to his expectation of normal, but that ended up not happening. This experience taught me that I cannot ever promise any outcome, but I can promise families that I will be with them each step of the way to ensure that education matches the treatment needs. This has changed my approach to speaking with families.

What part of your job is most difficult?

Navigating all of the different school systems and cultures during such a short hospitalization period can be very difficult when discussing behavioral health needs. I have my patients for about a week typically, so trying to provide enough support and education to patients, family, and school staff can be very challenging. I often feel like I don’t have the capability to serve schools as well as I would like to with supports! It is also difficult to not know how my students are doing after they are discharged — I wonder about them so often.

What was your biggest misconception that you initially brought to teaching?

I’m not so sure that this was a misconception rather than an underestimation, but I really did not comprehend until I got into teaching how huge of a difference a teacher can make on a child’s life. Now what I know about the brain and mental health is that one positive, intensive relationship with a teacher can absolutely change the course of a student’s life — it’s amazing to watch.

What are you reading for enjoyment?

This is very nerdy of me, but I loved reading books that relate to behavioral health, so currently I am reading “Life Without Ed,” a book told from the perspective of someone who battled an eating disorder. I work with many kids with eating disorders, and it is such a terrible, heartbreaking disease that I greatly misunderstood before working on my unit.

What’s the best advice you’ve received about teaching?

The best advice I received about teaching was to “fill your four circles consistently.” One of my amazing professors from Butler, Theresa Knipstein Meyer, gave a lecture one day about how crucial self-care is for educators. She showed us the theory of the four circles, where you have to consistently be taking care of different aspects of your health for the circles to be balanced and keep “your fire within” ignited. I think that it is so easy for educators to pour their entire hearts and souls into teaching only to get burnt out, and I have had to be conscious about taking care of every aspect of my life. This makes me a much better teacher and person, and I am so grateful to have learned that.

future of work

How Chicago schools are using cool classes like aviation and game design to repopulate neighborhood schools

PHOTO: Steve Hendershot / Chalkbeat
Students in a pre-law class at Chicago's Mather High fill out college applications on Sept. 19, 2018. The class is one of the school's career technical education offerings that it hopes will attract more students to enroll in the school.

Vocational education used to mean machine shops and sewing classes, programs aimed at students who weren’t headed for college. But career education has changed to fit the tastes of today’s students and the needs of the 21st-century job market, and now encompasses courses ranging from game design and aviation to architecture and digital media.

And Chicago schools are expanding their array of career-prep courses in hopes of enticing students back to languishing neighborhood high schools.

A tour of Mather High on Wednesday demonstrated how Chicago schools are viewing career education differently. It’s a means of both attracting students with training in popular subjects and using those practical classes to teach fundamental concepts — all very much aimed at sending some career-track students to college.

For example, Mather’s pre-law curriculum includes a criminology course where students learn about psychology, as well as a mock-trial element where they learn classical principles of rhetoric and argument. The pre-law program also dedicates time to helping its students submit college applications — hardly the focus of traditional trade-school curricula.

At Mather in West Ridge, second-year Principal Peter Auffant reversed a five-year slide in enrollment after expanding career-related classes. About a third of Mather’s 1,500 students are enrolled in one of its four career-education tracks, including a brand-new pre-engineering curriculum. A digital media track is slated to begin next fall. Besides more than three dozen classes, career-related offerings also include internships, such as stint working in city council members’ offices or at downtown law firms.  

“CTE allows us to provide very unique programming that students can’t get anywhere else,” Auffant said, referring to the commonly used shorthand for career technical education. “We leverage that to create stable enrollments.”

Mather senior William Doan is a case study. Three years ago, the West Ridge resident was looking at high schools outside his neighborhood — selective-enrollment schools as well as those offering the rigorous, college-preparatory International Baccalaureate curriculum, but ultimate chose to stay close to home because Mather’s pre-law program aligned with his interest in law enforcement.

“It kind of just drew me in,” Doan said. “You get a taste for the law and how it really is in the real world.”

Doan’s experience reflects a trend that’s shaping curricular decisions in Chicago and around the country. Congress this summer approved $1.1 billion to expand career education. Such offerings are among Chicago Public Schools’ most popular, according to a report released last month by the University of Chicago Consortium on School Research and the Federal Reserve Bank of Chicago.  

Some of those programs focus on traditional vocational education, such as the building trades program at Prosser High in Belmont Cragin that Mayor Rahm Emanuel announced this month would be funded with a $12 million investment. Others like those at Mather include non-traditional offerings, described as “21st century CTE” by Jarrod Nagurka. He is advocacy and public affairs manager for the Alexandria, Virginia-based Association for Career & Technical Education, which sponsored Wednesday’s school tour.

Nearly every Chicago high school has at least one career offering, though access to the most popular programs varies across the city, as does the breadth of the programming at each school. One factor among mid-sized schools such as Mather is the administrative burden of supporting extensive career programming alongside other elective programs such as International Baccalaureate.

“To do both (IB and career education) really well you have to be larger,” Auffant said.

So Mather is pursuing a hybrid strategy that uses career-education classes to teach college-prep concepts. Teachers use real-world vocational settings to explore the academic concepts that undergird them.

“The foundation of curriculum design is backward design,” said Sarah Rudofsky, the school district’s manager of curriculum and instruction for CTE. That means consulting with industry partners about the skills graduates need, then building curricula to suit. In a pre-law course, for example, those core skills are destined to overlap with traditional college-prep coursework, but geared to a practical application.

“It’s important to us to change the conversation from ‘CTE is for students who don’t want to go to college’ to ‘This program is for any young person who wants to have some employability skills before they graduate from high school’ — applied math, applied science and applied literacy,” Rudofsky said.