School Discipline Gap

Kelly Adkins, Melody Kawahara, Maressa McDonald,

Julia Montes

What is the purpose of discipline?

What do you think??

Reduce disruption and misconduct
Support and reinforce positive
behavior and character development
Help students succeed
Maintain a safe learning environment

Types of discipline in schools

Office referrals
Zero tolerance
policies
Police
involvement
Suspensions
Expulsions

Office Referrals
What typically
happens
Teacher sends student to
principals office for.
Intimidation
Consequences

Does it work??

Zero Tolerance Policies

Started in the early 90s and now the prevalence of Zero
Tolerance Policies in U.S. Schools is increasing..
94% for firearms, 91% for weapons other than firearms,
88% for drugs, 87% for alcohol, 79% for violence, & 79% for
tobacco
Schools use zero tolerance policies for other infractions
that had little to do with school safety.
Tardiness & insubordination
Kaufman, P.; Chen, X.; Choy, SP.; Ruddy, SA.; Miller, AK.; Fleury, JK.; Chandler, KA.; Rand, MR.;Klaus, P.; Planty, MG.(2000) Indicators of
school crime and safety.. Washington, DC: U.S.Departments of Education and Justice.
U.S. Department of Education (1997). Principal/school disciplinarian survey on school violence. Washington, DC: National Center for
Education Statistics.

APA Zero Tolerance Task Force (2008) found:

Zero tolerance does not improve school safety.
Students who have been suspended/expelled are more
likely to drop out of school.
Students who feel less connected to school are more
likely to engage in risky behaviors, violence, and alcohol
or substance abuse.
Arrested youth may have a lifelong record which affects
college/job prospects.
American Psychological Association Zero Tolerance Task Force. (2008). Are zero tolerance policies effective in schools? An evidentiary review
and recommendations. American Psychologist, 63(9), 852-862

Discipline Statistics
Suspensions are increasing at a staggering rate...

2003-2008, Texas = 43% more

2001-2003, Chicago= 4x as much
2000-2005, NYC = long term suspension increased by 76%

Survey on Crime and Safety found that:

48% of public schools took serious disciplinary action against a student;

74% of these actions were suspensions that lasted 5 days or more,
5% were expulsions, and
20% were transferred to specialized schools (Dinkes, Cataldi, Lin-Kelly, &
Snyder, 2007).

Texas Agency Education, n.d., Illinois State Board of Education, n.d., & Advancement Project, 2010

1973 vs. 2006

Suspension by Race Data
K-12 suspension has at least
doubled since the early 70s for all
non-whites.
Race increases are substantially
different by racial/ethnic group.

Observations?
Why might account
for these changes?
Source: U.S. Department of Education Office for Civil Rights

2014 Civil Rights Data Collection

Source: Statistics were
released by the U.S.
Department of
Education, Office for
Civil Rights, Civil
Rights Data Collection
(CRDC) using data
reported from 20112012. The data was
released March of 2014.
CRDC includes data
from EVERY public
school in the nation.
Also includes charter
schools, alternative
schools, and career and
technical ed. schools

Activity time!
Suspension Rates
Individually or in groups search two different
districts and see the difference in suspension
rates.

Why is this a Problem?

Why is this a Problem?

Studies suggest a correlation between exclusionary
discipline policies and practices (LOSS OF
INSTRUCTIONAL TIME) with:
school avoidance, decreased academic engagement &
decreased achievement (Arcia, 2006)
increased behavior problems (Hemphill, Toumbourou, Herrehkohl, McMorris, &
Catalano, 2006)

increased likelihood of dropping out (Arcia, 2006)

substance abuse (Hemphill, Heerde, Herrenkohl, Toumbourou, & Catalano, 2012)
involvement with the juvenile justice system (Costenbader &
Markson (1998)
Source: U.S. Department of Education, Office for Civil Rights, 2014

 Contributes to the school to prison pipeline

School Discipline: Legal Framework

What are the civil rights obligations in the
administration of student discipline?
in other words..
Discrimination in schools is prohibited on
the basis of what factors?
Hint: There are 5 categories

Laws Enforced by Civil Rights Division (CRD)

of the Department of Justice (DOJ)

Source: Title IV of the Civil Rights Act of 1964 (Title IV), 42 U.S.
C. 2000c et seq.

What activities are covered?

All academic, educational, extracurricular, athletics, and other school activities and
programs (Basically everything affiliated with school!)

Whose conduct?
Prohibits discriminatory discipline by school officials AND everyone school officials
exercise some control over (Who else falls into this category?)

Which part of the disciplinary process?

entire course: classroom management initial referral of a student to an authority
figure outside the classroom due to misconduct all the way through resolution of
the discipline incident
Source: U. S. Dept. of Justice Civil Rights Division & U.S. Dept. of Education Office of Civil Rights. Dear Colleague Letter on the
Nondiscriminatory Administration of School Discipline (2014).

If a school refers students for discipline

because of their race, the school has
engaged in discriminatory conduct
regardless of whether the student has
engaged in misbehavior.
Source: U. S. Dept. of Justice Civil Rights Division & U.S. Dept. of Education Office of Civil Rights. Dear Colleague Letter on the
Nondiscriminatory Administration of School Discipline (2014).

Unlawful Discipline Discrimination

2 Types Based on Race:
1. Different Treatment: based on the students
race, the student is treated differently
2. Disparate Impact: the policy is face neutral
but is administered in a manner that has a
disproportionate & unjustified effect to
students of a particular race
Source: U. S. Dept. of Justice Civil Rights Division & U.S. Dept. of Education Office of Civil Rights. Dear Colleague Letter on
the Nondiscriminatory Administration of School Discipline (2014).

Your Turn!

What information do you

think the Civil Rights Dept.
considers in order to
determine unlawful school
discipline discrimination?

Source: U. S. Dept. of Justice Civil Rights Division & U.S. Dept. of Education Office of Civil Rights. Dear Colleague
Letter on the Nondiscriminatory Administration of School Discipline (2014).

Something to Think about.

What happens if a school is found to be
in non-compliance with Title VI
and/or IV?
Well get back to that later..

Your Turn!
When do you think racially
disparate discipline practices
start in schools?
Preschool? Elementary? Middle? High school?

Source: Associated Press, March 2014

Source: Statistics were released by the

U.S. Department of Education, Office for
Civil Rights, Civil Rights Data Collection
(CRDC) using data reported from 20112012. The data was released March of
2014.
CRDC includes data from EVERY public
school in the nation.
Preschool suspensions and expulsions
were collected for the first time in 20112012.

Other Facts:
Nearly 5,000 preschoolers were suspended
once.
Over 2,500 preschoolers were suspended more
than once.

Nationally, 1 million children were

served in public preschool programs,
with about 60% of the districts offering
preschool that year.

Source: The CRDC is a mandatory data collection authorized under Title VI, Title IX, and Section 504, the regulations implementing those
statutes, and the Department of Education Organization Act, 20 U.S.C. 3413

Over 30 years of
School Discipline Racial Disparity Studies
Disproportionality has been found in:
Office Disciplinary Referrals (ODRs)
Suspension & Expulsion
Corporal Punishment

African American Students

African American Students

African American students are 3x as likely to be to
expelled or suspended than whites
Cases found where African Americans were disciplined
more harshly or more frequently than whites
Over 50% of students who were referred to law
enforcement or involved in school-related arrests, were
Latino and African American
Source: US Department of Education, Office for Civil Rights, (2014)

African American Students

Source: The UCLA Center for Civil rights remedies at The Civil rights project, (2013)

Studies show...over & over again

- No support or evidence to prove that
disparities in school discipline are caused by
ethnic/racial differences in behavior
- Students of color were studied and no proof
was found that showed they displayed more
severe behavior
Source: Skiba & Williams (2014)

Hispanic/Latino students

Source: The UCLA Center for Civil rights remedies at The Civil rights project, (2013)

Hispanic/Latino students

Source: The UCLA Center for Civil rights remedies at The Civil rights project, (2013)

LAUSD 2009-2010

Hispanic/Latino students
According to the National Center for Educational Statistics (2002),
Latinos made up 16% of the population, but 20% of all suspensions
Latino students in elementary schools were more likely to be
suspended/expelled than White peers in all offenses except
disruption
More likely to receive detention for minor misbehavior
(noncompliance)
Suspension rates increase for Hispanic/Latino students in middle
school and high school
The discipline gap widens significantly during this time
The disproportionality rate is due to the under-referral of
European American peers
Source: Skiba et al., (2011)

American Indian Students

Disproportionately over-represented in discipline
actions such as suspensions & expulsion that take
them away from the classroom
Loss of 4.5 times as many days of instruction time
in comparison to their white counterparts
Sent to alternative education for minor offenses
Over represented in juvenile incarcerations
Source: Sprague, Vincent, Tobin, & Pavel, (2013)

Source: The UCLA Center for Civil rights remedies at The Civil rights project, (2013)

Factors contributing to these disparities

1.

2.

3.

Cultural mismatch: The more teachers do not look like the students they teach,
in terms of race and/or ethnicity, the greater the chance for faulty conclusions
and misinterpretations in interactions and responses to perceived misbehavior,
as teachers interpretations may be culturally or class biases (Nieto, 2004 ,pp.
111-112; Gordon et al., 2000).
Use of practices that are not developmentally appropriate: Traditional
disciplinary policies, especially at middle and high school, are often
developmentally inappropriate, assuming students of this age should know
better and actually serve to aggravate the sense of alienation felt by some
students (Nieto, 2004, p. 111). Suspensions tend to rise dramatically from
elementary to middle school.
Educational debt: Minority students access to the most engaging and relevant
high school curricula and to the best teachers is too often limited. (LadsonBillings, 2006)

Factors continued...
4. School security: High degrees of school security have been associated with
increased suspension rates & most African-American students are enrolled at
schools with high degrees of security (Finn & Servoss, 2013).
5. Larger schools vs. smaller schools: Black males are suspended at higher
and higher rates as school size increases. Research tends to indicate that
smaller schools show behavioral and attitudinal benefits. (Finn & Servos, 2013)
6. Differential Selection: African-American, Latino, and American Indian
students may be differentially selected for discipline consequences (Skiba et al,
2002; Skiba et al, 2008; Wallace, 2008) More ODRs for these groups, Zero
Tolerance policies.

Factors not causing these disparities

1. Differential Behavior: Students from certain racial/ethnic groups misbehave
ARE NOT more likely to misbehave or contribute to a lack of school safety.
(Skiba et al., 2002; Wehlage & Rutter, 1986)
2. SES: When controlling for a measure of SES at the school level (% of parents
unemployed or % of students enrolled in free/reduced lunch) or at the student
level (parent education or qualification for free/reduced lunch), consistent
demonstration that racial differences in discipline rates remain significant.
(Raffaele Mendez et al., 2002; Wu, Pink, Crain, & Moles, 1982; McCarthy &
Hoge, 1987; Skiba et al., 2007).
3. Low Achievement: Low achievement is correlated with aggressive behavior &
discipline infractions (Miles & Stipek, 2006). However, when taking into
account GPA, race still remains a predictor of suspension (Wehlage & Rutter,
1986)

Myth : There is very little schools can do to

eliminate disparities.
We can...

Offer supportive relationships; repair relationships caused by behavior

Engage in culturally relevant and responsive interventions

Changing disciplinary codes of conduct to be aligned with positive school

climates

SW-PBIS

School-Wide Positive Behavioral

Interventions and Support (SWPBIS) is prevention-oriented
Why it works:
Students need to be taught
expectations and
appropriate behaviors rather
than being reprimanded
harshly for unwanted
behavior
Shown to reduce office
disciplinary referrals
(Barrett, Bradshaw, &
Lewis-Palmer, 2008)

Focus on the use of restorative practices to

foster positive, healthy school climates in order
to help children learn from their mistakes
rather than push them out.
Tribes Learning Communities - K-12
PATHS (Promoting Alternative Thinking
Strategies) - PreK - 6

Restorative Practices Examples...

1. Restorative justice: evidence-based practice effectively
used to reduce suspensions, expulsions, and disciplinary
referrals. Focuses on righting a wrong, repairing harm, and
repairing relationships.
2. Community conferencing: Participation of each person
affected by the behavior & allows everyone to contribute to
the conflict resolution process.
3. Community service: Restore harm that was committed to
the school community by providing a meaningful service
that contributes their individual improvement.

Implications
Schools should provide safe, inclusive, and positive
school climate.
Schools should adopt nondiscriminatory, fair, and ageappropriate discipline policies.
Be aware of exclusion disciplinary practices (especially
for those with special needs).
Be aware of your own cultural biases.
Apply culturally responsive discipline.
Establish strong relationships with students, parents,
and caregivers.
Source: Monroe (2006).

Remedies for Non-Compliance

1. Data Remedy
The CRD/DOJ may require a school to:
Develop and implement uniform standards for the content of
discipline files.
Develop and train all staff on uniform standards for entry,
maintenance, updating, and retrieval of data related to
student discipline
Where do school psychs./counselors fit in?
Source: U. S. Dept. of Justice Civil Rights Division & U.S. Dept. of Education Office of Civil Rights. Dear Colleague Letter on the
Nondiscriminatory Administration of School Discipline (2014).

Remedies for Non-Compliance

2. Individual Relief for the Student
Such as...
Correction of the students record regarding the
infraction and sanction
Provide compensatory & comparable academic
services to students removed from academic
instruction
Where do school psychs/counselors fit in?
Source: U. S. Dept. of Justice Civil Rights Division & U.S. Dept. of Education Office of Civil Rights. Dear Colleague Letter
on the Nondiscriminatory Administration of School Discipline (2014).

Remedies for Non-Compliance

3. Prospective Relief for the Schools Future
Compliance by:
Revising discipline policies to provide clear definition
for infractions to ensure fair & consistent consequences
Developing teaching strategies that reinforce positive
student behavior & use exclusionary discipline as a last
resort
Providing training for school personnel on revised
discipline policies and classroom techniques
Source: U. S. Dept. of Justice Civil Rights Division & U.S. Dept. of Education Office of Civil Rights. Dear Colleague Letter
Where do school psychs/counselors fit in?

8 Ivy League schools!

References

American Psychological Association Zero Tolerance Task Force. (2008). Are zero tolerance policies effective in schools? An evidentiary
review and recommendations. American Psychologist, 63(9), 852-862
Barrett, S., Bradshaw, C., & Lewis-Palmer, T. (2008). Maryland state-wide PBIS initiative. Journal of Positive Behavior Interventions, 10,
105-114.
Finn, J. D., & Servoss, T. J. (2013, January). Misbehavior, suspensions, and security measures in high school: Racial/ethnic and gender
differences. In Losen, D. (Ed.), Closing the school discipline gap: Research for policymakers. New York: Teachers College Press.
Gordon, R., Piana, L. D., & Keleher, T. (2000). Facing the consequences: An examination of racial discrimination in U.S. public schools.
ERASE Initiative, Applied Research Center, Oakland, CA. Retrieved 3/2/09 from http://eric.ed.
gov/ERICDocs/data/ericdocs2sql/content_storage_01/0000019b/80/17/22/06.pdf
Kaufman, P.; Chen, X.; Choy, SP.; Ruddy, SA.; Miller, AK.; Fleury, JK.; Chandler, KA.; Rand, MR.;Klaus, P.; Planty, MG. Indicators of
school crime and safety (2000). Washington, DC: U.S.Departments of Education and Justice.
Monroe, C. (2006). Misbehavior or misinterpretation: Closing the discipline gap through cultural synchronization. Kappa Delta Pi Record,
42(4), 161-165.
Nieto, S. (2004). Affirming diversity: The sociopolitical context of multicultural education. Boston: Pearson
Raffaele-Mendez, L. M., Knoff, H. M., & Ferron, J. M. (2002). School demographic variables and out-of-school suspension rates: A
quantitative and qualitative analysis of a large, ethnically diverse school district. Psychology in the Schools, 39(3), 259277.
Skiba, R. J., Michael, R. S., Nardo, A. C., & Peterson, R. L. (2002). The color of discipline: Sources of racial and gender disproportionality in
school punishment. The Urban Review, 34, 317342. Retrieved 3/2/09 from: http://www.eric.ed.
gov/ERICDocs/data/ericdocs2sql/content_storage_01/0000019b/80/1a/61/f6.pdf

Skiba, R.J., & Williams, N.T. (2014) Are black kids worse? Myths and facts about racial differences in behavior.The Equity Project
at Indiana University. Center for Evaluation and Education Policy, 1-8. Retrieved 4/5/2014 from:
http://rtp.
collaborative.indiana.edu
Sprague, J. R., Vincent, C. G., Tobin, T. J., & CHiXapkaid. (2013). Preventing Disciplinary Exclusions of Students from American
Indian/ Alaska Native Backgrounds. Family Court Review, 51(3), 452-459. doi:10.1111/fcre.12042
U.S. Department of Education (1997). Principal/school disciplinarian survey on school violence. Washington, DC: National Center
for Education Statistics.
U. S. Dept. of Justice Civil Rights Division & U.S. Dept. of Education Office of Civil Rights. Dear Colleague Letter on the
Nondiscriminatory Administration of School Discipline (2014).
Wehlage, G. G., & Rutter, R. A. (1986). Dropping out: How much do schools contribute to the problem? Teachers college record,
87, 374-392.
Wu, S. C., Pink, W. T., Crain, R. L., & Moles, O. (1982). Student suspension: A critical reappraisal. The Urban Review, 14, 245-303