^^1?' V d-tf-#^^ ■ 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."

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