after douglas

Betsy DeVos avoids questions on discrimination as school safety debates reach Congress

Education Secretary Betsy DeVos prepares to testify at a House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee hearing in Rayburn Building on the department's FY2019 budget on March 20, 2018. (Photo By Tom Williams/CQ Roll Call)

U.S. Education Secretary Betsy DeVos fielded some hostile questions on school safety and racial discrimination as she defended the Trump administration’s budget proposal in a House committee hearing on Tuesday.

The tone for the hearing was set early by ranking Democrat Rep. Rosa DeLauro, who called aspects DeVos’s prepared remarks “misleading and cynical” before the secretary had spoken. Even the Republican subcommittee chair, Rep. Tom Cole, expressed some skepticism, saying he was “concerned about the administration continuing to request cuts that Congress has rejected.”

During nearly two hours of questioning, DeVos stuck to familiar talking points and largely side-stepped the tougher queries from Democrats, even as many interrupted her.

For instance, when Rep. Barbara Lee, a Democrat from California, complained about proposed spending cuts and asked, “Isn’t it your job to ensure that schools aren’t executing harsher punishments for the same behavior because [students] are black or brown?” DeVos responded by saying that students of color would benefit from expanded school choice programs.

Lee responded: “You still haven’t talked about the issue in public schools as it relates to black and brown students and the high disparity rates as it relates to suspensions and expulsions. Is race a factor? Do you believe that or not?” (Recent research in Louisiana found that black students receive longer suspensions than white students involved in the same fights, though the difference was very small.)

Again, DeVos did not reply directly.

“There is no place for discrimination and there is no tolerance for discrimination, and we will continue to uphold that,” she said. “I’m very proud of the record of the Office of Civil Rights in continuing to address issues that arise to that level.”

Lee responded that the administration has proposed cuts to that office; DeVos said the reduction was modest — less than 1 percent — and that “they are able to do more with less.”

The specific policy decision that DeVos faces is the future of a directive issued in 2014 by the Obama administration designed to push school districts to reduce racial disparities in suspensions and expulsions. Conservatives and some teachers have pushed DeVos to rescind this guidance, while civil rights groups have said it is crucial for ensuring black and Hispanic students are not discriminated against.

That was a focus of another hearing in the House on Tuesday precipitated by the shooting last month at Marjory Stoneman Douglas High School in Parkland, Florida.

Rep. Jim Sensenbrenner, a Wisconsin Republican, falsely claimed in his opening statement that Broward County Public Schools rewrote its discipline policy based on the federal guidance — an idea that has percolated through conservative media for weeks and been promoted by other lawmakers, including Florida Sen. Marco Rubio and Utah Sen. Mike Lee. In fact, the Broward County rules were put into place in 2013, before the Obama administration guidance was issued.

The Manhattan Institute’s Max Eden, a leading critic of Obama administration’s guidance, acknowledged in his own testimony that the Broward policy predated these rules. But he suggested that policies like Broward’s and the Obama administration’s guidance have made schools less safe.

“Faced with pressure to get the numbers down, the easiest path is to simply not address, or to not record, troubling, even violent, behavior,” he said.

Kristen Harper, a director with research group Child Trends and a former Obama administration official, disagreed. “To put it simply, neither the purpose nor the letter of the federal school discipline guidance restrict the authority of school personnel to remove a child who is threatening student safety,” she said.

There is little, if any, specific evidence linking Broward County’s policies to how Stoneman Douglas shooter Nicholas Cruz was dealt with. There’s also limited evidence about whether reducing suspensions makes schools less safe.

Eden pointed to a study in Philadelphia showing that the city’s ban on suspensions coincided with a drop in test scores and attendance in some schools. But those results are difficult to interpret because the prohibition was not fully implemented in many schools. He also cited surveys of teachers expressing concerns about safety in the classroom including in Oklahoma CityFresno, California; and Buffalo, New York.

On the other hand, a recent study found that after Chicago modestly reduced suspensions for the most severe behaviors, student test scores and attendance jumped without any decline in how safe students felt.

DeVos is now set to consider the repeal of those policies on the Trump administration’s school safety committee, which she will chair.

On Tuesday, DeVos said the committee’s first meeting would take place “within the next few weeks.” Its members will be four Cabinet secretaries: DeVos herself, Attorney General Jeff Sessions, Secretary of Health and Human Services Alex Azar, and Secretary of Homeland Security Kirstjen Nielsen.

Correction: An earlier version of this story said that Rep. Barbara Lee was from Texas; in fact, she represents a California congressional district. 

color blind

The feds are discouraging districts from using race to integrate schools. A new study points to a potential downside

PHOTO: Helen H. Richardson/The Denver Post
(Photo by Helen H. Richardson/The Denver Post)

The Trump administration recently made waves by removing Obama-era guidance that offered ways for school districts to consider students’ race in order to diversify and integrate schools. The rollback could have harmful consequences for students, according to a new study.

The paper offers a test case of the rule, and it suggests that move — at least if it affects any districts’ policies — could hurt academic outcomes, including college enrollment, by making racial segregation worse, although the study only focuses on a single district.

“There’s a general sense that student outcomes are going down in these schools that are more racially segregated from these race-neutral admissions,” said Jason Cook, a professor at the University of Pittsburgh and author of the study.

The paper, which has not been formally peer reviewed, focuses on an anonymous urban school district that, after a federal investigation in the early 2000s, was forced to end race-conscious admissions to its coveted magnet middle schools. To maintain some diversity in its student body, the district ran separate lotteries for black and non-black (largely white) students. After the federal mandate, though, the district put all students in one lottery, and in turn the schools became notably more segregated — rising from about 77 percent to 85 percent black.

After the policy from 2003 to 2007, the research finds that the spike in segregation corresponded to a decrease in college enrollment for black students by a couple percentage points. There was also an indication of modest declines in test scores in sixth grade and in high school graduation rates, though these results weren’t statistically significant for black students. There was no clear impact on 10th-grade test scores.

These effects aren’t huge, but neither was the increase in segregation, and the results generally point in a negative direction.

Separately, the paper shows that in general magnet schools in that district were less effective when they were made up of predominantly black students, perhaps because they have a higher concentration of struggling students and recruit lower-quality teachers.

The paper also shows that as schools became more predominantly black, more of their white students left, creating a vicious cycle that intensified segregation. “Racial segregation is self-perpetuating,” concludes Cook.

The district in question did not attempt to use race-neutral measures, like poverty status, to promote integration. Research, though, has shown that such approaches are less effective for achieving racial integration than considering race directly.

There is one particularly important caveat to the results, though: The policy change meant that more black students had access to in-demand, high-performing magnet schools. That is, in changing the lottery to stop what amounted to preferences for non-black students, the shift increased segregation but it also meant that a small number of black students had access to top schools they otherwise might not have.

That remains a key point of contention in other cities debating integration. In Hartford, Connecticut, for instance, a longstanding court decision has prioritized the creation of integrated magnets — done in part by giving white students from the suburbs preference in admissions to magnet schools in the city. After a local newspaper series looked into this practice, critics said the system was effectively shutting out local students from the best schools; supporters contended that the rules are necessary to prevent resegregation of those schools.

The latest study can’t answer knotty philosophical questions about how to divvy up seats in coveted schools, but it does suggest each side has a point — admissions rules do, by definition, keep some kids out, but removing those rules can lead to unintended consequences, including making those schools less effective.

Rucker Johnson, a professor at the University of California Berkeley who has studied school segregation and is writing a book on the topic, pointed out that the latest study has limits. “That particular paper is focused on one specific district, so even if it’s done really well, you still would want to consider whether [it applies in] other districts,” he said.

But Johnson said the findings are largely consistent with past research including his own, which focused on school desegregation efforts in the ’60s, ’70s, and ’80s. “For African-Americans we saw significant impacts,” he said. “High school graduation rates increased, college attendance and college completion rates increased, the type of colleges they attended were more selective, …[there were] increases in earnings, reductions in annual incidence of poverty.”

More recent research has shown that the resegregation of districts led to dips in high school graduation rates among black and Hispanic students. A school integration program on the San Francisco Peninsula caused jumps in test scores and college enrollment (though also arrest rates for non-violent crimes).

In recent decades, as court-mandated integration orders have ended, race-based segregation has gotten worse or held steady, depending on how it’s measured; income-based stratification has consistently worsened. The recent move by the Trump administration is not legally binding, and only a small number of districts have voluntary race-conscious integration policies in place.

Johnson, for his part, fears that defeatism has overtaken the urgency to integrate schools. Some people, Johnson said, have the mindset that “we can’t socially engineer integration.”

“The reality is we did socially engineer segregation,” he said. “It would be natural to understand that we might have to re-engineer that through some intentional policy.”

devos watch

Asked again about school staff referring students to ICE, DeVos says ‘I don’t think they can’

Education Secretary Betsy DeVos testifies during a Senate Appropriations Subcommittee hearing on Capitol Hill, June 5, 2018 in Washington, DC. (Photo by Mark Wilson/Getty Images)

Pressed to clarify her stance on whether school staff could report undocumented students to immigration authorities, Education Secretary Betsy DeVos avoided giving a clear answer before eventually saying, “I don’t think they can.”

It was an odd exchange before the U.S. Senate Appropriations Subcommittee, during a hearing that was meant to focus on budget issues but offered a prime opportunity for Senate Democrats to grill DeVos on other topics.

Chris Murphy, a Democratic senator from Connecticut, focused on DeVos’s comments a few weeks ago at House hearing where she said that it was “a school decision” whether to report undocumented students to Immigration and Customs Enforcement.

Civil rights groups responded sharply, calling it an inaccurate description of the department’s own rules and the Supreme Court case, Plyler v. Doe, that says schools must educate undocumented students.

In a statement after that hearing, DeVos seemed to walk back her comments, saying, “Schools are not, and should never become, immigration enforcement zones.” DeVos also referenced the Plyler case on Tuesday, while initially avoiding multiple chances to offer a yes or no response to whether school officials could call ICE on a student.

In response to DeVos’s latest remarks, her spokesperson Liz Hill said, “She did not avoid the question and was very clear schools are not, and should not ever become, immigration enforcement zones. Every child should feel safe going to school.”

Here’s the full exchange between DeVos and Murphy:

Murphy: Let me ask you about a question that you were presented with in a House hearing around the question of whether teachers should refer undocumented students to ICE for immigration enforcement. In the hearing I think you stated that that should be up to each individual state or school district. And then you released a follow-up statement in which you said that, ‘our nation has both a legal and moral obligation to educate every child,’ and is well-established under the Supreme Court’s ruling in Plyler and has been in my consistent position since day one. I’m worried that that statement is still not clear on this very important question of whether or not a teacher or a principal is allowed to call ICE to report an undocumented student under federal law. Can a teacher or principal call ICE to report an undocumented student under current federal law?

DeVos: I will refer back again to the settled case in Plyler vs. Doe in 1982, which says students that are not documented have the right to an education. I think it’s incumbent on us to ensure that those students have a safe and secure environment to attend school, to learn, and I maintain that.

Murphy: Let me ask the question again: Is it OK – you’re the secretary of education, there are a lot of schools that want guidance, and want to understand what the law is — is it OK for a teacher or principal to call ICE to report an undocumented student?

DeVos: I think a school is a sacrosanct place for student to be able to learn and they should be protected there.

Murphy: You seem to be very purposefully not giving a yes or no answer. I think there’s a lot of educators that want to know whether this is permissible.

DeVos: I think educators know in their hearts that they need to ensure that students have a safe place to learn.

Murphy: Why are you so — why are you not answering the question?

DeVos: I think I am answering the question.

Murphy: The question is yes or no. Can a principal call ICE on a student? Is that allowed under federal law? You’re the secretary of education.

DeVos: In a school setting, a student has the right to be there and the right to learn, and so everything surrounding that should protect that and enhance that student’s opportunity and that student’s environment.

Murphy: So they can’t call ICE?

DeVos: I don’t think they can.

Murphy: OK, thank you.