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■ SATURDAY, JANUARY 25, 2014 - THE CAROLINA TIMES
New Guidelines Address School
By Jazelle Hunt
NNPA Washington Correspondent
WASHINGTON (NNPA) - In the 2011-2012 school
year, black students without disabilities were more than
three times as likely to be expelled or suspended as their
white counterparts, according to data from the Department
of Education's Civil Rights Data Collection (CRDC).
During the 2009-2010 school year, black students
made up 32 percent of students w ithout disabilities ar
rested - despite the fact that black students, with and w ith
out disabilities, only make up 16 percent of the school
population.
Attorney General Eric Holder and Secretary of Edu
cation Arne Duncan havedecided to do something about
those disparities. They recently unveiled a school disci
pline guidance package to assist schools in putting a slop
to statistics like these.
1 he guidance package also tied to President Obama's
"Now is the Time proposal to reduce gun violence.
These school discipline guidelines are divided into
fixe components. The Dear Colleague letter explains how
schools can craft discipline protocols that don't discrimi
nate against students or infringe on civil rights.
he Guiding Principles document offers best practices
lor effective discipline standards and improved school
climate, finally, there are the Directory of federal School
Climate and Discipline Resources, and the state-by-state
ompendium of School Discipline Laws and Regula
tions. 1 he package also includes an ox erview of the SSDI
for reference.
Although the package offers 101 pages of information
plus an online legislation database, much of the focus
has been on the eight-page Dear Colleague letter. Crit
ics assert that it calls for schools to dole out discipline
in proportion to demographics, pointing to the "disparate
impact section of the letter, which begins this wax:
"Schools also xiolate federal law when thex even-
handedlx implement lacialh neutral policies and prac
tices that, allhough not adopted with the intent Io dis
criminate. nonetheless haxe an unjustified effect of
discriminating against students on the basis of race. I he
resulting discriminatory effect is commonly referred to as
at fedisparale impact. "
I he I fear ( olleague letter comes as a direct response to
Ihedisproporlionate discipline among black, brown, dis-
tbled. LOBIO. and special education students, as com
pared to white students without disabilities. According to
RDI data lor the 2011-2012 school year, black students
e 15 percent of the population, yet -theymake up 35
acent of students suspended once. 44 percent of those
suspended more than once, and 36 percent of students ex
pelled.
further, black and latino students make up more than
half of allsiudents turned over to law-enforcement or
involved in school-related arrests. As a result, there's a
growing phenomenon of school incidences that become
into run-ins with the law, tarnishing students' legal re
cords. According to Mo Canadv. executive director of the
National Association of School Resource t )flicers (NAS
RI)). it should rarelv. if ever, come to that.
"We have struggled, as an association and as a profes
sion. with some things being said about the school-to-
pri son pipeline. A majori tv of the officers I deal with have
never put a student in jail." he says. "That does not mean
there aren't arrest problems in certain areas. I don't denv
that. But we as an association strive to make sure matters
of.school discipline donaC 1 ' 1 ! become criminal issues. We
warn to deescalate those incidents."
X anady retired from the 1 loov er. Ala. police department
in 2011 alter a 25-year career, the last 12 of which were
spoilt as the commander of the School Serv ices Div ision.
I Ie asserts that the trend of in-school arrests is the result
of poorly trained law enforcement personnel, misunder
standings about the role of police officers in schools, and
a lack of relationship building between students, officers,
and administrators.
"In the past there have been times when an adminis
trator tries to encourage me to arrest a student." Canadv
shares. "And I have to explain to them that there's not
criminal infraction to warrant arrest, and also I have the
discretion in that area. I don't alway s hav e to arrest some
one."
NASRO s primary message when training officers is
that school discipline is not only outside their purview.
but also counterproductive to their mission. Instead, a
school resource officer's responsibilities are to keep un
authorized people off the property. keep drugs and wcap
ons out of schools, and foster positive connections with
students and stall on behalf of all law enforcement.
.According to Canady , the need for federal guidelines is
warranted because professionals on all sides of the issue
are ill-prepared for their jobs.
Bernard Hamilton, president of the National Alliance
ol Black School Educators, agrees.
" I eachers have their hands tied behind their hacks w ith
no tools in their tool kit to actually work with kids." savs
I lamillon. w ho has served as a bus driv er. teacher, coun
selor. principal, coach, superintendent, interim superin
tendent. college professor, and associate commissioner
of education in his 35-y ear career. "There's not enough
professional development - not just ten hours and check a
box. but meaningful development that models strategies
and checks on the teachers’ understanding."
He goes on to stress that this professional development
should include diversity training as well as behavioral
management skills \dditionally. most teachers-in-
Discipline Disparities
Attorney General Erie Holder
training do not have requirements that speak to inclusion,
or bridging cultural gaps. In the wake of such training,
many teachers and/or administrators fall back on disci
pline.
"1 do think we need some |guidelines|. especially when
schools arc getting federal money for students. Ifyou get
to a situation when kids have to be removed, that's the
extreme. But there's a gamut of referral situations." Ham
ilton says. "A lot ol kids are not out of school, but are
silting in the hallway, the cafeteria, the principal's office
when they should be in the classroom."
I he other portions of the guidelines address the need
lor building positive and supportive school env ironments
and keeping students within these environments, even
when discipline is needed. I he Guiding Principles re
source draws from research and best-practices to provide
a set ol actions a school can take to improv e its climate.
Disrespected ’ Obama
(Continued I rom I Toni))
nominees. I oil) percent ol President ()bama's district court picks haxe waited more than 100 days fora xote on the Senate floor, compare!
to 8 pcicent ol President Bush s nominations. Sixty-nine percent ol President Obama's circuit court judicial nominations haxe waited mon
than 100 days lor a xote on the Senate Iloor. Only 15 percent ol President Bush's circuit court nominations waited that lone.
Meanwhile, the pioblem ol judicial xacancies is celling worse. During President George W. Bush's sixth xear. there xxere onlx 48 indicia
xacancies. By 2013. howexer. there were 0| xacancies.
I he sloxx churn in the Senates judicial confirmation process continues to strain resources. B\ 2010. eixil litigants were waiting mon
than two years (2?..' months) lor a jury trial. I hat same xear. the federal goxernmenl spent SI.4 billion to house prisoners before the star
ol their trial, due in part to the lack ol judges to hear cases, according to the Justice Department.
Il s been a countdown process since the president look oilice. I hex were counting down his first |tcrm| in hopes that he wouldn't haxi
a second |tcrm|. Now thex 're counting down his second |tcrm| because thex know he can't run again." said Arnwinc. "And that's the eamt
the)'x e been play ng."
Arnwinc added: "Ibis political gaming results in damage to the American public."
Senate Republicans arc gamming the judicial nomination process, utilizing a tradition that began nearly 60 xears ago. when a seureua
lionist led the Senate Judicial) ( ommiltec. I he "blue slip" policy enabled a senator's objection to a president's judicial pick from his o
her home state.
GOP Senators Irom Georgia haxe used the "blue slip practice to delay some ol President Obama's nominees for Georgia's northern
district for xears.
In an effort to fill those judicial xacancies in Georgia's northern district. President Obama worked with Republican Senators Johnny
Isakson and Saxby ( hambliss ol Georgia, striking a deal that has drawn sharp criticism from some of President Obama's long-time sup
porters anil Democrats from the state.
According to Rep. Dax id Scott (1)-(ia.) and other Democrats xx ho objected to President Obama's judicial selections for Georgia district
a deal was struck without consulting with cix ic groups that normally xct judicial nominees in that state.
Scott expressed his concerns about the nominees in a recent letter to Patrick I.calix (D-Vt.). chairman of the Senate Judiciarx Commit
tee.
Scott wrote: "II confirmed, the federal bench in Georgia w ill not relleci the current demographics ofthe state for at least another nenera
lion. I here will soon he only one aclix e African-American district court judge in Georgia. In addition, the x lews of some of these nominee!
idled the icgiessixe polities of the pasi. I want to share some xery important and critical background information xxith the Committed
before these nominations arc considered."
Scott added: ’'It is an abomination that these nominees for lifetime appointment were drafted in secret, not xdied bx any legal uroups
among the President s supporters, and announced on a holiday weekend. We must not alloxx lifetime appointed judges to be rammer
through the hearing process without sufficient input from the people who will be affected by their future judicial actions."
Rep. John Lewis (D-Ga.) Lewis, former chairman of the Student Nonx blent Coordinating Committee (SNCC). a former Atlanta-based
eixil rights group, said he and other black leaders object to some ofthe Obama appointment of federal judges in Georgia.
I he gioup cites serious concerns that the proposed cai d'dates do not adequately reflect the dixersity ofthe northern district and tha
the selection process lacked meaningful community input." l ewis said in a statement. "Additionally, the coalition finds it troubling that
sexcial nominees include persons who haxe adxocaled in laxorol Georgia s xoter ID laws and for including the C onfederate Battle Em
blem as part ofthe Georgia Stale I lag."
Maik C ohen defended Georgia s rcsiriclixe xoter ID laws dial some eixil rights leaders say discriminate against the poor and minori
ties. As a Georgia state legislator. Michael Boggs xoied in fax or of keeping the Georgia state flag that was based on the Confederate flag]
Geoigia s black population is .if percent, twice the national axerage. In .Alabama blacks account for nearly 27 percent ofthe state;
population and roughly I percent ol I lorida s stale population. Only one ofthe judges currently serxing on the I Ith circuit court respon
sible lor those states is black anil only one out of six ol President Obama's nominees for that circuit is black.
Altei yeais of blocked nominations and procedural delays employ ed by the Republicans, who arc in the minority in the Senate. Demo-
Liats, beaded by Senate Majority Leader I larry Rex: D-Ncx.) pushed the button on the "nuclear option" last Nox ember that that allowed
them to cease debate on a particular issue w ith a sum A majority. I he historic moxe cleared the way for some of President Obama's judicial
nominations anil execulixe-lcxel positions io be confirmed.
I he |Obama| administration has really hail a difficult roxx to hoc because ofthe difficulties in the Senate." said Arnwine ofthe Law-
ycis C ommiltec loi ( ixil Rights I ndci law. I he Senate has awarded this president less respect, less deference, and less cooperatior
than any president I'xe seen."
I he Obama administration s success in the federal judiciary has not come without sacrifice. President Obama has been forced to with]
draw fixe black judicial nominations, most recently. William Thomas, an openly gay black judge in llorida. because of a lack ofsuppoi
Irom Republican senators.
Members ol the ( ongressional black ( aueus arc calling on Senator Patrick Leahy, who chair the Senate Judiciarx Committee, to reform
the "blue slip" process. ' ’
Rep. O.K. Butterfield (D-N.C .) said that the "blue slip" process is being abused and that is hax ine a chilline effect on qualified blael
judicial candidates.
- I he relorm Ihat we pressed so hard lor in the filibuster, reform process itself will be still-born if the blue slip' process is not also re
formed, said Rep. I leanor I lolmes Norion ( D-W ashingion. D.C.).
Rep. Butterfield said ihat no one is telling the president off the hook, because more dixersity is still needed in the I Ith circuit where
Cohen and Boggs, two xxbite male judges, were just nominated.
Bullci field saiil dial the 11 th circuit serxcs a large population ol African Americans, that's xx bx the reeion needs more black judges on
the bench. -
Il s the Deep South and we must haxe some movement," said Butterfield. "If it means repealing the blue slip process that has been
obserxed for y ears, then die blue slip needs to be discarded."
Resources offers brief explanations and links to thos
best practices. And the law Compendium and accompa
nying database allow schools to check if their plans ar
comparable to those of other statesaL™. and in line wit
federal law.
Harry Lawson. .Jr., associate director for the Huma
and Civil Rights Department of the National Educatio
Association, believes that the guidelines will jog the net
essary work.
"It s a really good start to help guide the discussioi
about what’s in place currently, and what we will be abl
to put in place. But we still have a lot of work to do on
the back end."
He's referring to the concern that the package doesn'
get to the nitty-gritty of how to implement them - es
pecially where finances are concerned. Will the neces
sary professional development come from federal o
state funding? How will schools hire new support stal
to make sure counsclor-to-student ratios are compliant
Will schools have to pull resources from other areas ti
follow these guidelines?
lhe.se are all concerns that Lawson believes will b
raised. NL.A members are being encouraged to view th
package as an opportunity to properly collect and analyz
data on their discipline practices, identify problem areas
and then collaborate with school community stakeholder
to devise a plan of attack.
Because education governance is shared betweei
states and the federal government, these guidelines an
only suggestions, not mandates. Still, there's anticipatioi
that they may not sit well in some districts.
"It s going to be a mixed bag reaction, and it depend:
on where a school or district has been on the spectruii
in terms of discipline." Lawson say s. "But if (schools
have not been pay ing attention, or if (they | have chal
lenges and don't know it. (they] might have a negative
response. I here are alway s districts that think they don'
have a problem."
Hamilton agrees. "Most systems are pretty confiden
in what they do. and don’t seem concerned about federa
suggestions. But hopelulL (the guidelines] are imple
mented. II students get to stay in classrooms longer, the'
have better results for learning."