tag:theconversation.com,2011:/nz/topics/school-to-prison-pipeline-17381/articlesschool-to-prison pipeline – The Conversation2020-12-14T13:21:54Ztag:theconversation.com,2011:article/1512482020-12-14T13:21:54Z2020-12-14T13:21:54ZWhy getting back to ‘normal’ doesn’t have to involve police in schools<figure><img src="https://images.theconversation.com/files/372607/original/file-20201202-24-w02ua4.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C5463%2C3645&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Roughly half of public schools have a police presence.</span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/los-angeles-school-police-officer-henry-anderson-center-on-news-photo/496418636?adppopup=true">Irfan Khan/Los Angeles Times via Getty Images</a></span></figcaption></figure><p>Since COVID-19 forced many of America’s schools to teach kids remotely, parents and elected officials have been rightly concerned about when things will get back to normal.</p>
<p>But there are certain aspects of education where a return to a prepandemic “normal” may not be in the best interests of America’s students.</p>
<p>I believe that stationing large numbers of police officers inside public schools is one reality ripe for reform. I say this not only as a <a href="https://www.stanlitow.com/about">scholar of the politics of education</a>, but as former deputy chancellor of New York City’s public schools. I served right before New York City’s mayor at the time – Rudolph Giuliani – moved to have the <a href="https://www.nytimes.com/1998/09/16/nyregion/new-era-as-police-prepare-to-run-school-security.html">police department take over school security</a> for the city’s school system.</p>
<p>A look back at that decision – and its consequences – can help inform the ongoing discussion about whether or how police belong in America’s schools.</p>
<h2>Police takeover</h2>
<p>Upon becoming mayor in 1994, Giuliani moved forward with the extraordinary step of shifting the responsibility for school discipline <a href="https://www.nytimes.com/1998/09/16/nyregion/new-era-as-police-prepare-to-run-school-security.html">to the New York City Police Department</a>, which he ultimately got the <a href="https://www.edweek.org/leadership/n-y-c-mayor-gains-control-over-schools/2002/06">then-independent</a> Board of Education to <a href="https://www.nytimes.com/1998/09/16/nyregion/new-era-as-police-prepare-to-run-school-security.html">approve in 1998</a>.</p>
<p>Giuliani wanted schools to have a <a href="https://www.nytimes.com/1993/11/09/nyregion/giuliani-sees-role-for-police-in-the-schools.html">more visible police presence</a>, even though there was evidence that <a href="https://www.nytimes.com/1990/02/13/nyregion/violence-is-scarce-in-schools-police-find.html?searchResultPosition=8">violence in the city’s schools was rare</a>.</p>
<p>As the city’s deputy schools chancellor in the early 1990s, I opposed this move, as did <a href="https://www.nytimes.com/1998/09/16/nyregion/new-era-as-police-prepare-to-run-school-security.html">then-Chancellor of Schools Ramón Cortines</a>, and his successor, <a href="https://www.nytimes.com/1998/09/16/nyregion/new-era-as-police-prepare-to-run-school-security.html">Rudy Crew</a>. We all expressed concerns that it would not make schools safer, but would negatively affect the entire school climate and impede educational progress. </p>
<p>At the time, when the Division of School Safety reported to me, it had roughly <a href="https://www.cdfny.org/wp-content/uploads/sites/3/2019/10/CDF-NY-Report-History-of-Policing-in-NYC-Public-Schools.pdf">2,900 school safety officers</a> – none of whom were police officers – and a budget of about <a href="https://www.cdfny.org/wp-content/uploads/sites/3/2019/10/CDF-NY-Report-History-of-Policing-in-NYC-Public-Schools.pdf">US$72 million</a>. By 2020 under New York City’s police force, staffing for school safety officers roughly doubled in size, growing to <a href="https://www.politico.com/states/new-york/albany/story/2020/07/02/school-safety-agents-will-stay-under-nypd-this-year-despite-citys-claims-of-1b-cut-1296868">5,511</a>.</p>
<p>And some budget reports now document spending growing to over <a href="https://www.cdfny.org/wp-content/uploads/sites/3/2019/09/NYPD-School-Safety-Budget-Explainer.pdf">$400 million</a>. But the massive spike in staffing and spending is part of a larger social justice problem known as the “<a href="http://www.justicepolicy.org/news/8775">school-to-prison pipeline</a>,” in which exposure to the justice system takes place as a result of even minor infractions at school.</p>
<h2>Disparities in discipline</h2>
<p>Nationally, Black boys get suspended once or more during the school year at more than <a href="https://doi.org/10.1177/2332858419844613">three times the rate</a> that white boys do. In one state, Indiana, Black students’ probability of being suspended or expelled in a school year is <a href="https://doi.org/10.1177/2332858419844613">roughly 16% higher</a> than it is for white students.</p>
<p><a href="https://doi.org/10.1073/pnas.1808307116">Research</a> has shown that Black students are “more likely to be seen as problematic and more likely to be punished than white students are for the same offense.”</p>
<p>In the 2018 school year, <a href="https://www.aclu.org/sites/default/files/field_document/030419-acluschooldisciplinereport.pdf">roughly half of U.S. schools</a> had some law enforcement officials stationed in them. This is evidence that many U.S. school systems have been following a more visible form of school discipline with closer and deeper connections to policing and law enforcement than in the past.</p>
<h2>Alternatives to police</h2>
<p>I believe there is a different way.</p>
<p>School districts such as <a href="https://edsource.org/2020/oakland-school-board-unanimously-agrees-to-eliminate-its-police-force/634544">Oakland</a>, California, and <a href="https://coloradosun.com/2020/06/11/denver-public-schools-police/">Denver</a>, Colorado, have moved to eliminate or phase out police presence in schools.</p>
<p>There are plans to use the savings, at least in the case of Oakland, toward more counselors, social workers and workers who focus on <a href="https://doi.org/10.1177/0044118X12473125">restorative justice</a>, which involves practices such as peer mediation, restitution and community service instead of punitive measures, such as suspension or expulsion.</p>
<p>The results of pilot studies in both Oakland and Denver were quite positive. In Oakland, <a href="https://www.ousd.org/cms/lib07/CA01001176/Centricity/Domain/134/OUSD-RJ%20Report%20revised%20Final.pdf">graduation rates increased 60%</a> in schools that implemented restorative justice practices, and <a href="https://www.ousd.org/cms/lib07/CA01001176/Centricity/Domain/134/OUSD-RJ%20Report%20revised%20Final.pdf">suspensions fell by 56%</a>.</p>
<p>The incoming administration – through the U.S. Department of Education – has an opportunity to focus attention and resources away from having more police in schools. Instead, the administration of President-elect Joe Biden can provide funding incentives that would encourage school districts to increase school safety and school success, by investing more heavily in counselors and other forms of student support.</p>
<p>As I see it, by doing so, America’s schools will be safe, but also <a href="https://www.civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/federal-reports/the-high-cost-of-harsh-discipline-and-its-disparate-impact">more students will graduate</a> and fewer young people will be fed into the school-to-prison pipeline.</p><img src="https://counter.theconversation.com/content/151248/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Stanley S. Litow does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>A former deputy chancellor of New York City schools explains why the police don’t need to patrol the nation’s public schools.Stanley S. Litow, Visting Professor of the Pratice, Public Policy, Duke UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/618962016-07-13T23:18:11Z2016-07-13T23:18:11ZRacial inequality starts early – in preschool<figure><img src="https://images.theconversation.com/files/130460/original/image-20160713-12380-gog27q.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Why should kids get suspended in preschool?</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/moominmolly/3745920593/in/photolist-BBCC9-hKEHj-PaDH1-36MX1-8TyLw1-bwTx1-4E8cJ-778AdQ-PaDH3-81f9T-4dQKd-4QVyDQ-PbagM-3rLDA4-4QkWLt-4QqatW-mwM1Re-fzU9gS-mwMHVZ-cEBhbW-7JUAQ-jjqhQ-9J562P-no3qW-nTBAaz-jjtYS-6ar6E-ciD69-6H1PFP-a3tQjk-7JUH7-3Nb5ed-7JUHV-n1b39-9Mhsj3-7JUFJ-E6nuJ-5uHzmC-s4yVc-5uHy73-2PE6kp-wufUx-L4EXx-2PJxZf-anKnao-6Rjro3-2PE6s2-29Q9Vs-7m9rM-9G77kj">Molly</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc-nd/4.0/">CC BY-NC-ND</a></span></figcaption></figure><p>On Wednesday, July 6, the four-year-old daughter of Diamond Reynolds <a href="http://www.nytimes.com/2016/07/08/us/philando-castile-facebook-police-shooting-minnesota.html?_r=0">witnessed</a> the killing of Philando Castile by a Minnesota police officer. She and her mother sat in close proximity to Castile when he was shot.</p>
<p>A 2009 Department of Justice study showed that <a href="https://www.ncjrs.gov/pdffiles1/ojjdp/227744.pdf">more than 60 percent of American children</a> had directly or indirectly been exposed to violence within the past year. Exposure to such violence has long-term physical, psychological and emotional implications. </p>
<p>When these children enter school, they have unique needs. Many are ill-prepared for the social, emotional and academic rigor that is anticipated and required. Conversely, many schools are not prepared to handle the needs of children who have been victims of poverty, trauma or who have special education needs.</p>
<p>Preschool experience could help prepare children for learning in academic, social and emotional spheres of elementary education. In my role as a clinical professor of law and director of the Education and Health Law Clinic at Rutgers Law School, it is not uncommon for me to represent parents of young children who have been suspended or have had a history of being suspended as early as preschool or kindergarten. </p>
<h2>Preschool suspensions and black kids</h2>
<p>For the first time in March 2014, the U.S. Department of Education, Office of Civil Rights (OCR) collected data regarding how early learners are disciplined during the 2011-12 school year. </p>
<p>That report showed that while black children represent 18 percent of preschool enrollment, they accounted for <a href="https://www2.ed.gov/about/offices/list/ocr/docs/crdc-early-learning-snapshot.pdf">48 percent of students</a> receiving one or more suspensions. White children, on the other hand, represented over 40 percent of the total enrollment, but a little more than 25 percent of such suspensions. </p>
<p>A suspension involves the removal of a student from school for violations of a school’s code of conduct for one or more days. These violations could vary depending on the state and local school district policies. They could include infractions such as tardiness, dress code violations, failure to follow directions and “willful disobedience.” In public schools, short-term suspensions typically are 10 days or less. More than 10 consecutive days of suspension require greater due process rights. </p>
<p>A March 2016 OCR report shows a continuation of the disturbing trends and disparities of the 2014 report. This time, the OCR provided more data by breaking down preschool suspension rates based upon race and gender. For the 2013-14 year, the report shows that black children attending public preschools were <a href="http://www2.ed.gov/about/offices/list/ocr/docs/2013-14-first-look.pdf">3.6 times more likely</a> to receive one or more suspension compared to their white counterparts. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/130462/original/image-20160713-12386-1hvzqb5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/130462/original/image-20160713-12386-1hvzqb5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/130462/original/image-20160713-12386-1hvzqb5.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/130462/original/image-20160713-12386-1hvzqb5.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/130462/original/image-20160713-12386-1hvzqb5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/130462/original/image-20160713-12386-1hvzqb5.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/130462/original/image-20160713-12386-1hvzqb5.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Black boys are at a greater risk of suspension.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/acplinfo/7396312596/in/photolist-cgA33Y-cgA7h1-cipoiS-6vM5fk-f8e9nB-eN1j2n-7QWLzR-raNTY-6vRgoq-oNxJ1o-eN1wrM-9a38oy-bWZT2m-5yoAio-KBzdg-7L1q2G-eNcLRJ-6XeHQ2-4JVf3W-pKttXQ-oQ8VcT-bWZNVm-9fTdtp-qaqD7k-6vRgiy-6hxSab-fQqaKQ-9vmeuw-6vRgnA-9i72jF-8fgptC-qhv5S4-9fWAqL-4Yz494-ndMBAs-7R167u-gs8TBn-nUXzPb-fmm54k-dDpj8p-dK6HM5-eg3ZTY-cipqjw-fgLBzC-cgAaZS-55k9rb-cgA9cY-cipd5E-fgLtzm-cgA5zJ">Allen County (IN) Public Library</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc-nd/4.0/">CC BY-NC-ND</a></span>
</figcaption>
</figure>
<p>According to the 2016 OCR report, black boys were at greater risk for preschool suspensions. Even though preschool boys represented almost 20 percent of enrolled preschoolers, they represented 45 percent of male students receiving one or more out-of-school suspensions. Even more problematic were the statistics for black girls. Although they represented 20 percent of female preschool enrollment, they accounted for over 50 percent of female students with one or more out of school suspensions. </p>
<p>A national pre-kindergarten study conducted in 2005 identified similar disparities with respect to these vulnerable children. That study, conducted by <a href="http://childstudycenter.yale.edu/faculty_people/walter_gilliam-2.profile">Walter S. Gilliam</a> at Yale University, concluded that preschool children were expelled at a rate of more than three times that of students in K-12. </p>
<p>According to the same report, African-American children attending state-funded preschools [were about twice as likely](http://challengingbehavior.fmhi.usf.edu/explore/policy_docs/prek_expulsion.pdf “) to be expelled as Latino and Caucasian children. </p>
<p>More than 10 years has passed since this study, and the problem still persists.</p>
<h2>Why are kids suspended?</h2>
<p>The root causes of suspensions and expulsions of early learners vary. An overwhelming majority focus on behavior. </p>
<p>Studies have differed on the causes of behaviors that <a href="http://nieer.org/resources/policybriefs/16.pdf">lead to suspension</a> of children. </p>
<p>These vary from lack of prenatal and maternal care, poverty, <a href="http://www.nctsn.org/trauma-types/complex-trauma/effects-of-complex-trauma">exposure to trauma</a> and harsh discipline practices to language disorders and disability-related diagnoses. </p>
<p>Children born into poverty lack exposure to educational experiences that would prepare them to enter a formal school setting. African-Americans and American Indian children are about <a href="http://www.aecf.org/m/resourcedoc/aecf-the2016kidscountdatabook-2016.pdf">three times as likely to live in poverty</a> as their white counterparts. About half had no parent with full-time employment. Latino families also had high rates of poverty, at 32 percent.</p>
<p>Environmental issues such as exposure to <a href="http://www.apa.org/action/resources/research-in-action/lead.aspx">lead and toxins</a> could also play an important role. </p>
<p>Less tolerant and discriminatory treatment based on race could also be a factor. In such instances, black children are <a href="http://www.apa.org/news/press/releases/2014/03/black-boys-older.aspx">viewed as more mature</a> and less innocent than their white counterparts. They are removed from school for minor infractions. </p>
<p>Often, these children may suffer from neurological, psychological, learning or medically based disabilities. However, based on my experience, these factors are not always considered or identified in a timely manner. </p>
<h2>School environment through K-12</h2>
<p>Suspensions at the preschool level are the tip of the iceberg. Black and brown students continue to be <a href="https://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/federal-reports/out-of-school-and-off-track-the-overuse-of-suspensions-in-american-middle-and-high-schools/OutofSchool-OffTrack_UCLA_4-8.pdf">suspended disproportionately</a> at the elementary and secondary levels.</p>
<p>The media is full of examples of black children being suspended, handcuffed or arrested by police at a young age. For instance, a <a href="http://www.cnn.com/2012/04/17/justice/georgia-student-handcuffed/">six-year-old girl in Georgia was handcuffed</a> and taken to the police station for throwing a tantrum and destroying school property. A seven-year-old with Attention Deficit Disorder was <a href="http://www.nydailynews.com/news/national/king-7-year-old-black-child-adhd-handcuffed-school-article-1.2422191">handcuffed for acting out</a>, and a six-year-old Florida girl was handcuffed and <a href="http://www.nbcmiami.com/news/local/6-Year-Old-Handcuffed-at-School-84136922.html">sent to a mental institution</a> for hitting the school principal. The manner in which these children were treated is not characteristic of nurturing or caring school environments.</p>
<p>According to OCR’s 2016 report, of the 2.8 million K-12 students receiving one or more suspension, 1.1 million were black; 600,000 were Latino; 660,000 were disabled; and 210,000 were English language learners. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/130472/original/image-20160713-12377-111skah.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/130472/original/image-20160713-12377-111skah.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/130472/original/image-20160713-12377-111skah.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/130472/original/image-20160713-12377-111skah.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/130472/original/image-20160713-12377-111skah.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/130472/original/image-20160713-12377-111skah.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/130472/original/image-20160713-12377-111skah.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">The rate of suspension is higher for African American girls as well.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/wwworks/3120816179/in/photolist-5KLZVv-pbHtvN-pbHwym-oUgh6X-oUghni-aTFaar-pbKwqz-8ahuKF-3qN7cJ-7EsSio-bcQ3xV-9chSab-7EsSQL-3qNkKb-fpGqvf-a3jmtp-fpGrv1-c1hJrC-fps9KD-p9Hpx3-6anhTR-7EsSB1-7EsUbu-pbtKEt-pbHvDA-p9HqwC-eTfqX4-avSjih-oUgcT9-oUggEg-fpsc6t-pbtGNM-Ecyjzg-oUgbUq-oUgbdq-a3ndDu-7EsXQS-pbKya6-9Y6YFo-99PyaL-fpscfc-p9Hpb1-eTfqjR-DGXXFU-7EsXdf-7Ep7QM-5AYrYd-g7jWYj-dHGoqx-by56G6">woodleywonderworks</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<p>School districts have criminalized and dehumanized very vulnerable children for minor school infractions, such as talking back to the teacher or not wearing a school uniform. A blatant example of this draconian behavior occurred in Meridian, Mississippi where small infractions led to the <a href="http://www.politico.com/magazine/story/2015/03/criminal-kids-juvenile-justice-sentencing-reform-incarceration-116065_full.html?print#.V4ZgD2QrJ-U">arrest, confinement and conviction of students</a> in what was characterized by the Department of Justice as a "school-to-prison-pipeline.” Some of these children were as young as 10. </p>
<p>The Meridian School District referred students to the Police Department for small infractions. All students referred were handcuffed, arrested and sent to the County juvenile justice system without consideration of their rights to due process or representation by an attorney at all stages of the process. </p>
<h2>Against the law</h2>
<p><a href="https://www2.ed.gov/policy/gen/guid/school-discipline/policy-statement-ece-expulsions-suspensions.pdf">Federal laws prohibit</a> such discrimination. Special Education laws also <a href="http://files.eric.ed.gov/fulltext/ED504922.pdf">prohibit school districts</a> from suspending and expelling students with disabilities without providing procedural protections. </p>
<p>In fact, a joint policy letter, issued in 2014 by the the U.S. Departments of Health and Human Services and Education, <a href="https://www2.ed.gov/policy/gen/guid/school-discipline/policy-statement-ece-expulsions-suspensions.pdf">strongly urged</a> early child care providers to establish policies and procedures aimed at eliminating the suspension of preschoolers.</p>
<p>But intentionally or unintentionally, these laws or policies are often overlooked or blatantly ignored. </p>
<p>Some states and local school districts are taking action to address this problem. States such as Arkansas, Colorado, Maryland and Oregon have passed bills focused on <a href="http://kirwaninstitute.osu.edu/wp-content/uploads/2014/05/ki-interventions.pdf">improving outcomes</a> and addressing the disproportionate suspension of students of color. </p>
<p>But much more needs to be done to address this issue. Young students are still pushed out and suspended. In fact, by the time some children reach first grade, they may have had several negative school experiences. </p>
<h2>Repairing broken men is harder</h2>
<p>The problem that many schools face is a lack of resources attributable to a lack of funding. Unfortunately, sometimes, students are suspended because schools lack the resources to address their specific and unique needs. </p>
<p>In contrast to the <a href="https://nces.ed.gov/fastfacts/display.asp?id=66">decrease in funds in education</a>, the funding for the prison industry has increased geometrically. </p>
<figure class="align-left ">
<img alt="" src="https://images.theconversation.com/files/130469/original/image-20160713-12358-p3xbz1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/130469/original/image-20160713-12358-p3xbz1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/130469/original/image-20160713-12358-p3xbz1.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/130469/original/image-20160713-12358-p3xbz1.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/130469/original/image-20160713-12358-p3xbz1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/130469/original/image-20160713-12358-p3xbz1.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/130469/original/image-20160713-12358-p3xbz1.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Suspended kids have a greater risk of dropping out later.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/thetasha/3635223378/in/photolist-5grNvo-358Jnn-dxe44R-8uTG6Z-g8uA3-5R7TTd-6xetg9-7LpvaT-eFA8QY-9JV3Sr-68BCjF-68FpN5-4SjE5p-atfbt-87iJb-bjpaxM-4SoSm1-a5XM3T-68FAiN-NVQVZ-68FXWQ-atfi2-bsuLj9-8d2NXP-68G3wj-7cFwC-35dgLo-diCmN-6xakCX-51GqtR-9JXSiJ-g8uA4-68Bvn2-8rqp9P-HNUeTr-a61BZL-atffE-5oaUYJ-BGpwZ-Q25Pb-PjhRo-buv3qx-NVhC7-4S6RZg-8EyTKk-7q72n1-bsuLej-4SoSjb-8d67Cs-c4vQdA">tasha little</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc-nd/4.0/">CC BY-NC-ND</a></span>
</figcaption>
</figure>
<p>Children who are suspended or expelled from school at such an early age have a <a href="https://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/federal-reports/out-of-school-and-off-track-the-overuse-of-suspensions-in-american-middle-and-high-schools/OutofSchool-OffTrack_UCLA_4-8.pdf">greater risk for dropping out of school</a> and entering the juvenile justice or prison system.</p>
<p>When children are suspended for substantial periods of time, it becomes a <a href="http://www.apa.org/pubs/info/reports/zero-tolerance.pdf">more difficult task</a> to keep up with school work and to catch up once he or she returns to school. There is no positive rationale for the degree to which zero tolerance policies have been used. </p>
<p>For the cost of incarcerating a juvenile in some states, a child could receive a quality private school college education.</p>
<p><a href="http://today.law.harvard.edu/it-is-easier-to-build-strong-children-than-fix-broken-men-at-hls-summit-edelman-says-we-must-move-from-punishment-to-justice-video/">A quote</a> by <a href="http://www.americaslibrary.gov/aa/douglass/aa_douglass_leader_1.html">Frederick Douglass</a>, an abolitionist born into slavery, is still appropriate today. </p>
<blockquote>
<p>“It is easier to build strong children than to repair broken men.” </p>
</blockquote>
<p>.</p><img src="https://counter.theconversation.com/content/61896/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Esther Canty-Barnes does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Black kids get suspended in preschool for minor offenses. A 2016 report shows 45 percent of preschool boys were suspended, once or more.Esther Canty-Barnes, Clinical Professor of Law and Director of the Education and Health Law Clinic, Rutgers University - NewarkLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/377102015-06-19T10:18:03Z2015-06-19T10:18:03ZRacial and caste oppression have many similarities<figure><img src="https://images.theconversation.com/files/84609/original/image-20150610-6817-1kav3a3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Systems of oppression have much in common.</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/dfataustralianaid/10704037854/in/photolist-hiSZwN-pKU7xq-9Syz5f-6WQkvX-8rToTc-dtMFFE-7TXhS7-347557-juRZ2w-4VaYPb-4XGGLf-ifvfqv-evzE4p-8rE8pc-eiZwbu-9uKAQF-9PjRyc-4RZkK1-cmDTR3-2LgQTD-BR7W-8ENDrh-8AzDYr-6HHBGd-bzofcK-ap6JhZ-ofNdGA-fdMMYY-oryGSy-9xSTCc-o1CxxM-9uKAQR-9uNBSE-pzRTf6-9u6nW6-aPC766-ohh5gw-bGNiwK-rB2BGN-4AJGuE-bGNit2-4XAt5M-8rSDD4-9u9oLu-4Uqp7U-4xcMcF-5HHLcM-9uhk6g-9uhkex-9uhkrX">Department of Foreign Affairs and Trade</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span></figcaption></figure><p>Comparisons can be risky, but not impossible.</p>
<p>Consider for a moment India’s Dalits, or “untouchables,” and African Americans. </p>
<p>Racial inequality in America has its parallel in caste inequality in India even though by definition, race and caste are not the same thing. The story of one struggle for social justice can illuminate the pitfalls and prospects of success of another.</p>
<p>As a researcher in applied ethics, human rights and global development studies, I am leading an ongoing research effort that will compare and contrast the nature of exclusion and marginalization faced by African Americans and Dalit Indians in their respective historical and contemporary contexts. </p>
<h2>The Dalit story</h2>
<p>Although the Indian constitution bans discrimination on the basis of caste, the social, religious and cultural practice of “untouchability” continues unabated. </p>
<p>Formerly known as “untouchables,” Dalits are excluded from social and public spaces, prevented from drawing water from public facilities and segregated in schools.</p>
<p>Since the caste system was formed over 2,000 years ago, a noticeable percentage of the <a href="http://idsn.org/india-official-dalit-population-exceeds-200-million/">200 million “Dalits”</a> have been thrust into the lowest occupations of society, such as scavengers and sanitation cleaners, with little upward mobility. </p>
<p>While there has been some progress since India’s independence from the British Empire, the pace of economic growth in mitigating social inequality has been <a href="http://www.idrc.ca/EN/Documents/SIG_WP13-1_InclGrowth.pdf">uneven</a>. </p>
<p>So, in an Indian nation that is rapidly modernizing and urbanizing, opportunities for the Dalits still remain limited. The degradation and the health risks of performing menial tasks are substantial. </p>
<p>Furthermore, with the <a href="http://indianexpress.com/article/opinion/columns/to-be-a-fundamentalist-hindu/">rise of Hindu fundamentalism </a>in national politics, the continuous expansion of liberty and equality of opportunity is by no means a foregone conclusion. </p>
<h2>Discrimination, exclusion, privilege</h2>
<p>One can draw parallels in different systems of oppression. </p>
<p>Despite 50 years having passed since the Civil Rights movement, the condition of the majority of poor, urban African Americans is <a href="https://www.aclu.org/infographic/school-prison-pipeline-infographic">dire</a>, and chances for survival are diminishing over time while the prison pipeline is increasing.</p>
<p>Let’s look at how both caste and racial discrimination perpetuate hierarchy, privilege, discrimination, marginalization and exclusion. </p>
<p>Data from the last few years show <a href="http://stateofworkingamerica.org/fact-sheets/poverty/">27% of African Americans at the poverty line</a>, which is much higher than <a href="http://kff.org/other/state-indicator/poverty-rate-by-raceethnicity/">other groups</a>. In India, the <a href="http://newint.org/books/reference/world-development/case-studies/inequality-dalits-in-india/">condition of Dalits</a> has been extremely dire for centuries.</p>
<p>Several African American economists in the US have looked at structural and institutional forms of racial exclusion in terms of wealth and poverty. They have also opened a dialogue with economists in South Asia, where exclusion and inequality <a href="https://books.google.com/books?id=U5LL8JVqu8QC&pg=PA121&lpg=PA121&dq=Darity+racial+inequality+and+caste&source=bl&ots=9wueZ3x7yP&sig=aHI-c_ePKl6nBGOs1WZ2Wbx92Qo&hl=en&sa=X&ved=0CEUQ6AEwBWoVChMI1pnt6syIxgIVhCisCh0DlADD#v=onepage&q=Darity%20racial%20inequality%20and%20caste&f=false">relate to caste</a>. </p>
<p>Although some progress was made in the 20th century that allowed greater inclusivity and equity – particularly in higher education – many issues remain despite constitutional bans on caste discrimination. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/84612/original/image-20150610-6801-1b1tke8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/84612/original/image-20150610-6801-1b1tke8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/84612/original/image-20150610-6801-1b1tke8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/84612/original/image-20150610-6801-1b1tke8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/84612/original/image-20150610-6801-1b1tke8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/84612/original/image-20150610-6801-1b1tke8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/84612/original/image-20150610-6801-1b1tke8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Dalits in India still struggle for their rights.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/82898203@N08/8650310763/in/photolist-ebp722-4XmxKf-ebuFuG-ebuJ3N-ebuJXG-ebp1ZZ-ebp3En-ebuFPU-ebuDrj-ebp1YD-ebp5fH-ebp33R-ebuKSj-ebp63r-ebuHaQ-ebp3kR-ebuGUE-ebuGbm-ebuKk9-ebuDwd-ebuDRd-ebuDtY-ebp6jK-ebp4Zr-ebp2DH-NU5F9-ebpBKB-qzo3gM-qRJbT5-6a77Xd-4BxFa3-kTFdcz-ebv9HY-ebpKvi-ebpAXV-ebvkfY-ebpCRc-ebv8EQ-ebpC3k-ebpAsz-ebveQ3-ebv9ru-ebvsuQ-ebpN2R-ebpDq6-ebpuHe-ebpMkM-ebvj3U-ebvhjw-ebvh2m">ActionAid India - Campaigns</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc-nd/4.0/">CC BY-NC-ND</a></span>
</figcaption>
</figure>
<p>In America, cultural and political segregation of the public space continues to occur despite anti-segregation laws. </p>
<p>For example, there are concerns among some Supreme Court justices that redistricting of voting districts can lead to further <a href="http://www.cnn.com/2015/03/25/politics/supreme-court-rejects-alabama-redistricting/">racial inequality</a>. </p>
<p>In India, Dalits in rural villages are forbidden near Hindu temples or disallowed with their shoes on in higher-caste neighborhoods. Mob violence is committed against them with impunity, and a disproportionate number of rapes are committed against <a href="http://indianexpress.com/article/cities/ahmedabad/rape-of-dalit-women-registers-500-increase-since-2001-rti-reveals/">Dalit women</a>. </p>
<p>In comparison, post-Civil War white mob violence against blacks has morphed into what one could describe as the state-condoned violence of homicides of African Americans by police today. As of June, out of 467 Americans nationwide who had been <a href="http://fivethirtyeight.com/features/where-police-have-killed-americans-in-2015/">killed</a> by cops since the beginning of 2015, 136 were African American. </p>
<h2>How race and caste work</h2>
<p>Looking at exclusion in America forces us to grapple with issues of violence against African Americans, racial inequality and racial injustice at a time that is often deemed “post-racial,” namely, five decades after the Civil Rights movement. </p>
<p>We see a similar pattern in India, wherein the Dalits are asked to believe that the Indian constitution bans discrimination, even though it does not abolish the caste system itself. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/84613/original/image-20150610-6817-1qzwda1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/84613/original/image-20150610-6817-1qzwda1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=380&fit=crop&dpr=1 600w, https://images.theconversation.com/files/84613/original/image-20150610-6817-1qzwda1.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=380&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/84613/original/image-20150610-6817-1qzwda1.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=380&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/84613/original/image-20150610-6817-1qzwda1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=477&fit=crop&dpr=1 754w, https://images.theconversation.com/files/84613/original/image-20150610-6817-1qzwda1.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=477&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/84613/original/image-20150610-6817-1qzwda1.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=477&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Racial tensions continue in America.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/stephenmelkisethian/16581479664/in/photolist-rgfqdq-snFD7z-rrw5LX-rgrTkZ-s6LcdL-rVEmX5-rVNoWv-sdfvwn-smHsf7-bJFHhV-sdfx2B-rTVoyc-rTVtmt-rTVtF6-so91VH-sd752s-rVEkZ3-rVEhN3-rTVu3Z-rgrWj4-rTVsoX-rVFm77-sdcD2K-sdfAYz-rgfpQS-rrjTch-s68Af9-rrweLk-s6JX1j-rrwjr2-rriQsG-s6Ad79-rrac2q-s6JL5v-soaxK6-rruYw4-s4R9zi-sogTox-soaTiW-skqY2W-s4oMUn-snyxnd-snyxDf-rqHH3u-s8dqDo-spXTZ6-snn2bg-sncyZd-s5MMCS-rqxYYX">Stephen Melkisethian</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc-nd/4.0/">CC BY-NC-ND</a></span>
</figcaption>
</figure>
<p>It is after the successes of the African American Civil Rights movement that we have witnessed the birth of the <a href="https://www.aclu.org/fact-sheet/what-school-prison-pipeline">school-to-prison pipeline</a>, state violence against a disproportionate number of African American men in police killings, and the turning back of affirmative action at public universities in some states’ constitutional amendments, such as <a href="http://www.cnn.com/2014/04/22/justice/scotus-michigan-affirmative-action/">Michigan</a>. </p>
<p>Meanwhile, with right wing conservative political power in India, caste discrimination is intensifying. </p>
<p>For example, Dalit Christians and Dalit Muslims are not eligible for reservations, or what we in the US would call affirmative action benefits at universities, because technically “untouchability” exists only in <a href="http://www.dnaindia.com/india/report-not-in-favour-to-give-sc-reservation-to-christian-and-muslim-dalits-government-2042306">Hinduism</a>, when in social reality it occurs <a href="http://www.ecumenicalnews.com/article/indias-christian-and-muslim-dalits-say-they-are-more-untouchable-than-hindus-22756">across religions</a> in India. </p>
<p>Historically, both race and caste have been used to divide society in many ways to the unfair advantage of certain groups over others. Again, there are similarities in the construction of how people have been forced into these categories. </p>
<p>Here in America, people are born into a “race,” and America uses race as a defining demographic category in its census. Biological race by nature, for now, is inescapable, even though some would say that “race” is an artificial category that is socially constructed.</p>
<p>Dalits, too, are born into a caste, which is unalterable, as they are told, and it is due to the sins of a previous life that they are paying the price in their current life. Hinduism believes in the transmigration of the soul, in which the soul enters a new body after death. The caste that one enters into depends upon the actions of a previous life. </p>
<h2>The two democracies should learn from each other</h2>
<p>So how can the US and India learn from each other in order to solve some of the most pressing problems for the world’s two largest democracies, both of which consider themselves secular and free? </p>
<p>If nations can cooperate on trade and development, there is no reason that they cannot participate in a global dialogue on minority rights through the lens of their religious, cultural and social heritages. </p>
<p>They must learn to come to grips with the fact that the mere assertion of a democratic society does not necessarily translate in to a free and equal one.</p>
<p>Modern democratic superpowers with sizable national wealth, such as the US and India, also have a dark side, involving what some would consider gross human rights violations. </p>
<p>My work will set out to explore how different democracies can promote tolerance, inclusion and pluralism while combating various forms of discrimination and exclusion based on race and caste. </p>
<p>The question will be how to evaluate the claim that both societies make, as the two largest, most “peaceful and successful” democracies in the world.</p><img src="https://counter.theconversation.com/content/37710/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Rajesh Sampath does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Racial inequality in America has its parallel in caste inequality in India. What can the world’s two largest democracies learn from each other?Rajesh Sampath, Assistant Professor of the Philosophy of Justice, Rights, and Social Change , Brandeis UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/430992015-06-16T10:08:09Z2015-06-16T10:08:09ZWhen researchers ask for data on penalization of black kids, schools resist, cover up<figure><img src="https://images.theconversation.com/files/85085/original/image-20150615-5846-1oj1oza.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Students of color are more likely to be suspended.</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/unirodlibrary/8726689218/in/photolist-ei9yEW-ei3Q8D-ei3P7x-ei9ypW-ei9yvu-fVx6Ld-aUkPAz-i6Ukv8-9DDm9K-aUkPZr-aUkQYP-ei9zwW-ei9zaU-ei9zj3-ei9xMQ-ei3QmD-ei3QdP-ei9ywY-ei3NSP-ei3NMV-ei3R6c-ei9zJA-ei3QBH-ei9yim-ei3QFM-ei3Qop-ei9xXf-ei3R1n-ei3QsH-ei9zWh-ei9ziQ-ei3Pc8-ei9yLy-ei3PXv-ei9zpE-ei3PCk-ei9y69-ei9ypj-ei9yzY-ei9y1u-ei3NVR-ei3Qjz-ei3QvM-ei3QPV-ei3PWK-ei9yB5-ei3P2D-ei3Qzr-ei9z7y-ei3Q9v">Rod Library</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span></figcaption></figure><p>That students of color bear the <a href="https://theconversation.com/with-harsher-disciplinary-measures-school-systems-fail-black-kids-39906">brunt</a> of the zero tolerance discipline policies in schools has been <a href="https://www2.ed.gov/about/offices/list/ocr/docs/crdc-discipline-snapshot.pdf">well-established</a>. What is not so well known is that some school administrations are actually <a href="http://www.tcrecord.org/Content.asp?ContentId=17975">complicit</a> in this act of racial disciplining.</p>
<p>Nationally, students of color are <a href="https://www2.ed.gov/about/offices/list/ocr/docs/crdc-discipline-snapshot.pdf">more likely</a> to be suspended than white students. On average, black boys are <a href="http://ocrdata.ed.gov/Downloads/CRDC-School-Discipline-Snapshot.pdf">suspended</a> four times more than white boys. Latino students are also <a href="http://ocrdata.ed.gov/Downloads/CRDC-School-Discipline-Snapshot.pdf">suspended</a> more frequently than white students, and female students of color are also disciplined more frequently than white female students. </p>
<h2>The policy ‘problem’</h2>
<p>But this is not all. A recent <a href="http://www.tcrecord.org/Content.asp?ContentId=17975">study</a> that we conducted over a period of two years in Texas found that schools were in fact negligent when it came to addressing such practices of disciplining. The study covered four school districts in Texas with a population of nearly 200,000 students.</p>
<p>As researchers, we have been studying this issue since 2010. But what prompted this study was the suspension of one of the researcher’s sons from school. The child was given a US$500 court citation. And when we showed up for our court appointment, we saw that all the children were either black or brown. Did it mean that white children never fought in school?</p>
<p>We knew this was part of what is now known as the <a href="https://www.aclu.org/issues/racial-justice/race-and-inequality-education/school-prison-pipeline">school-to-prison pipeline</a> for children of color. It led us to take on a scholar-activist role. </p>
<p>Most schools and districts claim to be following <a href="http://uex.sagepub.com/content/early/2013/03/05/0042085913475635.abstract">“race-neutral” discipline policies</a>. School officials even point to their race-neutral suspension and expulsion policies to show how they are <a href="http://eaq.sagepub.com/content/39/1/68.short">“fair” with students</a> of all race and ethnic subgroups.</p>
<p>However, researchers have found that the problem lies in the application of these policies. </p>
<p>For example, black students are more likely to be suspended for breaking <a href="http://www.ncbi.nlm.nih.gov/pubmed/19083368">subjective school rules</a> such as a lack of respect for teachers than for objective ones, like having a weapon. Researchers point to <a href="http://link.springer.com/article/10.1023/A:1021320817372#page-1">cultural stereotypes</a> and misunderstandings from a primarily white teaching force as the reasons for the “disciplining gaps.” </p>
<h2>Data on discipline</h2>
<p>Our <a href="http://www.tcrecord.org/Content.asp?ContentId=17975">recent study</a> found that some schools are, in fact, negligent and even defensive when it comes to addressing the problem of school discipline practices and the discipline gap. </p>
<p>The kind of responses we got when we asked for school districts’ discipline data resembled a “corporate cover-up.” </p>
<p>Some school administrators resisted our attempts to provide information under the <a href="http://www.foia.gov/">Freedom of Information Act (FOIA)</a>, and some others released data that were not helpful. For example, in the discipline data submitted by a school district, we were not able to discern the race of the children who had been suspended or expelled from school. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/85087/original/image-20150615-5812-1pf540f.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/85087/original/image-20150615-5812-1pf540f.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/85087/original/image-20150615-5812-1pf540f.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/85087/original/image-20150615-5812-1pf540f.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/85087/original/image-20150615-5812-1pf540f.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/85087/original/image-20150615-5812-1pf540f.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/85087/original/image-20150615-5812-1pf540f.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Some schools have been found to be negligent about school disciplining issues.</span>
<span class="attribution"><a class="source" href="http://www.shutterstock.com/cat.mhtml?lang=en&language=en&ref_site=photo&search_source=search_form&version=llv1&anyorall=all&safesearch=1&use_local_boost=1&autocomplete_id=14343824922903054000&search_tracking_id=3QRhFZ-NxCkmZBsSnyJAuQ&searchterm=school%20children%20african%20american%20&show_color_wheel=1&orient=&commercial_ok=&media_type=images&search_cat=&searchtermx=&photographer_name=&people_gender=&people_age=&people_ethnicity=&people_number=&color=&page=1&inline=147613502">Student image via www.shutterstock.com</a></span>
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<p>It is hard for us to imagine that schools are not keeping track of usable disciplinary data, considering that in recent years, widespread attention has focused on the disciplinary treatment of black boys and other students of color. President Obama has even initiated <a href="https://www.whitehouse.gov/my-brothers-keeper">My Brother’s Keeper</a>, a national program intended to help black and Latino boys succeed. </p>
<h2>Responses from schools</h2>
<p>Our biggest surprise was finding out that districts perceived our request for data as a threat. We found that school administrations became secretive, defensive and even more protective of the data. It seemed to us that districts were essentially complicit in the process of oppression of youth of color. </p>
<p>Even the districts that provided the data were very defensive when informed of the discipline gaps that occurred in their schools. For example, when presented with data in his district, one data administrator responded, “Well, other districts in Texas are higher than us” and “We are not far off from the state average.” </p>
<p>It was very troubling for us to see schools reacting in this way, especially when lives of youth were at risk. These responses were unacceptable and deflected the district’s responsibility. </p>
<p>In the end, only one school district, out of four, instituted a district-wide program for the principals of their schools to learn more about the racial discipline gaps. It was the only one to take steps on how to begin reducing and eliminating racial discipline gaps at both the school and at the district level. </p>
<p>As we conducted the study, we also realized that there is no national legislation that prompts schools to address disparities in education. While No Child Left Behind (NCLB) and other national legislation have at least attempted to draw attention to <a href="http://www2.ed.gov/nclb/accountability/achieve/edpicks.jhtml">racial disparities</a> in achievement, no legislation exists that actually compels schools to address the problem.</p>
<p>This is unfortunate, given the close connection between the <a href="http://edr.sagepub.com/content/39/1/59.short">academic achievement gap</a> and the discipline gap. </p>
<h2>What must be done?</h2>
<p>It is important that schools make policies and goals for racial and ethnic groups more explicit. For example, a goal for “75% proficiency for students in math” is not as impactful as “75% proficiency for each student subgroup based on their racial, gender or language-based identity.” The reason we say this is: what if the population of a school is 25% Latino and that happens to be the same population of nonproficient math students? </p>
<p>At the policy level, what is needed is intensive training on <a href="http://www.washingtonpost.com/blogs/wonkblog/wp/2014/12/08/across-america-whites-are-biased-and-they-dont-even-know-it/">implicit racial bias</a> in most districts. In addition, school districts should be required to report overall suspension rates and discipline gaps within each of their schools. </p>
<p>Furthermore, state or federal policies must begin to regulate both the collection of discipline data and the rate of compliance of schools.</p>
<p>Parents too need to pay more attention. Parents of color and from other subgroups should begin to identify which schools are more likely to suspend students of color.</p>
<p>All this together can be a powerful impetus for districts and schools to attend to this problem. Otherwise, disciplining practices will continue to have devastating consequences for our kids.</p><img src="https://counter.theconversation.com/content/43099/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Dr. Muhammad Khalifa works as a private consultant (schoolequityproject.com) and helps districts to close their achievement and discipline gaps, and to establish culturally responsive leadership. He is also a professor of educational administration for Michigan State University, and continuously trains school leaders to become culturally responsive leaders.</span></em></p><p class="fine-print"><em><span>Felecia Briscoe does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Students of color are subjected to harsher disciplinary measures. Are schools doing enough to check this practice?Muhammad Khalifa, Assistant Professor of Educational Administration, Michigan State UniversityFelecia Briscoe, Associate Professor of Educational Leadership and Policy Studies, The University of Texas at San AntonioLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/399062015-05-28T10:07:39Z2015-05-28T10:07:39ZWith harsher disciplinary measures, school systems fail black kids<figure><img src="https://images.theconversation.com/files/83014/original/image-20150526-24751-jfz3vj.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Black students are more likely to get suspended for minor violations.</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/mcgeorgeblsa/5605655056/in/photolist-9xmrX7-9xisuM-9xirTz-jzzjUF-jzzk4D-jzBsbE-jzABBK-8eb8XF-8eb9gT-8eepkU-8eb8SB-8eepuN-8eb8Jp-8eepKU-8eepd7-8eepzu-8eepDu-p9cFFs-5zGgmE-9q4kzu-9X1aUf-6yfGAt-5w9zeC-jzCpwb-jzAByP-jzzjjn-jzAB1V-jzAAXZ-jzzjFe-jzAAKp-jzCq5f-jzABSz-jzCq2E-jzzjJk-jzAB9a-jzBrx5-jzzknV-jzAAMP-jzCqaW-jzBrVj-jzAC34-jzCqKo-jzCqk5-jzzk1T-jzCpBw-jzzjUk-jzCqeo-jzCpQC-jzCqqA-jzCpB1">McGeorge BLSA</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc-nd/4.0/">CC BY-NC-ND</a></span></figcaption></figure><p>Although it has been over 60 years since the <a href="https://www.law.cornell.edu/supremecourt/text/347/483">Brown v Board of Education</a> decision, black students are still more likely to receive out-of-school suspensions for minor violations of the code of conduct. As a result, they are more likely to <a href="http://csgjusticecenter.org/youth/school-discipline-consensus-report/">drop out of school</a> or enter the juvenile justice system. </p>
<p>Black students constituted 32%-42% of those <a href="http://ocrdata.ed.gov/Downloads/CRDC-School-Discipline-Snapshot.pdf">suspended</a> during the 2011-12 school year, even though they represented 16% of the student population. </p>
<p>As racial tensions resurface in the aftermath of the conflicts and riots in Ferguson and Baltimore, we need to consider whether some of these issues have their origins in the manner in which children of color are treated in our schools. </p>
<p>As a clinical professor of law at the Rutgers University Law School’s Education and Health Law Clinic, I provide legal representation to parents and their children in cases where they are being denied an appropriate education or are suspended from school. </p>
<p>This includes filing legal complaints, attending meetings and assessing the appropriateness of a student’s educational program. At the clinic, my colleagues and I have seen firsthand the disparities in the treatment and resources provided by schools. And often, I have seen that suspension of young black students begins as early as kindergarten. </p>
<h2>Educational inequities for black kids</h2>
<p>Our educational system continues to fail children of color. </p>
<p><a href="http://hepg.org/hep-home/books/racial-inequity-in-special-education">Research shows</a> that black males are disproportionately more likely to be placed in special education and classified as mentally retarded and emotionally disturbed. </p>
<p>They are also <a href="http://hepg.org/hep-home/books/racial-inequity-in-special-education">more likely</a> to be placed in segregated placements, more likely to be educated in poorly performing schools and more likely to be referred to the juvenile justice system for infractions that occur in school. </p>
<p>They are also the least likely to be provided the positive supports and the assistance that they need in order to succeed. </p>
<p>None of this is new.</p>
<p>Children of color have historically been subjected to educational inequities. After the landmark decision of <a href="https://www.law.cornell.edu/supremecourt/text/347/483">Brown v Board of Education</a> in 1954, where the Supreme Court held that it was unconstitutional to maintain segregated schools, practices and policies were developed to maintain segregated settings. </p>
<p>States in the South refused to comply with Brown, while other parts of the country developed practices such as IQ testing and tracking students into specific programs that often kept children of color in <a href="http://www.cambridge.org/us/academic/subjects/history/early-republic-and-antebellum-history/jim-crow-moves-north-battle-over-northern-school-segregation-18651954?format=HB">different classes</a> from their white counterparts. </p>
<p>The <a href="http://www.childrensdefense.org/?referrer=https://www.google.com/">Children’s Defense Fund (CDF)</a>, headed by <a href="http://www.childrensdefense.org/about/leadership/marian-wright-edelman/">Marian Wright Edelman</a>, was one of the first organizations to look at the disparities in access to education. In its groundbreaking report in 1975, <a href="http://www.childrensdefense.org/library/archives/digital-library/school-suspensions-are-they-helping-children.html">“School Suspensions: Are They Helping Children?,” </a> the CDF analyzed the reports submitted to the <a href="http://www2.ed.gov/about/offices/list/ocr/index.html">Office of Civil Rights</a>.</p>
<p>Although black students accounted for 27.1% of the students enrolled in the school districts reporting to the Office of Civil Rights in the 1972-73 school year, the report found that they made up 42.3% of the racially identified suspensions. </p>
<p>At the high school level, black students were suspended at more than three times the rate of white students: 12.5% versus 4.1%.</p>
<h2>Persistent patterns of suspensions</h2>
<p>These inequities in suspensions and removal from school continue to persist. </p>
<p>In recent times, the term “<a href="https://www.aclu.org/what-school-prison-pipeline">school-to-prison pipeline</a>” is often used to describe systemic practices that ultimately lead students of color into the criminal justice system. These policies often cause the suspension or removal and sometimes the arrest of students from school for nonviolent or minor violations.</p>
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<img alt="" src="https://images.theconversation.com/files/83018/original/image-20150526-24740-lr4zss.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/83018/original/image-20150526-24740-lr4zss.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/83018/original/image-20150526-24740-lr4zss.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/83018/original/image-20150526-24740-lr4zss.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/83018/original/image-20150526-24740-lr4zss.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/83018/original/image-20150526-24740-lr4zss.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/83018/original/image-20150526-24740-lr4zss.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Arrested students fall behind the class, thus perpetuating the cycle of poverty.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/megstewart/4708081840/in/photolist-4NEq3X-4NJBt3-4NJBjW-4NJAX1-4NEpQe-4NEmpZ-4NEnQg-4NJBeY-4NJEbG-4NJB81-4NEmxg-4NEpoH-4NEpDF-4NEp8x-4NEmZr-4NJBWs-4NJAqj-4NJE8U-8aYW2e-kLQEU-kLQDb-bpZbAb-4fgeGF-kLQHz-8b39GQ-8b37zS-9zg5L1-CWpuh-9AupEb-2BYecv-8DMEuR-F9aAy-4mxUwa-9AQLZQ-3dKGdW-wWy8-kLPMZ-wWEz-8BMPvR-kLQDV-kLPdD-6ueSc2-Kgsj2-7Zn5HM-92Hgey-92HfLQ-92EeJp-92HgbL-92E8UB-92Hg8J">Meg Stewart</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
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<p>The <a href="http://eric.ed.gov/?id=ED541735">vast majority</a> of suspensions are not for serious or violent offenses. Most are for minor infractions such as tardiness, dress code violations or disruptive behavior. </p>
<h2>Why suspension matters</h2>
<p>Students who are suspended for substantial periods <a href="https://www.aclu.org/files/assets/aclu_statement_for_sjc_subcomm_hearing_on_the_school_to_prison_pipeline_12_2012.pdf">lose valuable instruction</a> time and fall behind in school. </p>
<p>The unfairness of these practices increases gaps in learning and eventually makes it difficult for black kids to keep up in school. <a href="http://eric.ed.gov/?id=ED541735">Researchers</a> have found that the use of harsh punishment for minor offenses has a negative impact on children, including increasing the chances of dropping out of school. </p>
<p>The US Department of Education Office of Civil Rights in its 2014 <a href="http://ocrdata.ed.gov/Downloads/CRDC-School-Discipline-Snapshot.pdf">Civil Rights Data Collection (CRDC)</a> on discipline provides a stark example of how the educational system continues to fail children of color. </p>
<p>For the 2011-12 school year, for out-of-school suspensions by race/ethnicity and gender, black students on average were suspended or expelled at a rate three times greater than white students. </p>
<p>At the preschool level, although black children represented 18% of enrolled students, they represented 48% of the students suspended more than once. </p>
<p>Although black students represented 16% of the student population, they <a href="http://ocrdata.ed.gov/Downloads/CRDC-School-Discipline-Snapshot.pdf">accounted</a> for 27% of the students who were referred to law enforcement and 31% of the students who were arrested. </p>
<h2>Prejudices against students with disabilities</h2>
<p>Students of color with disabilities are also <a href="http://ocrdata.ed.gov/Downloads/CRDC-School-Discipline-Snapshot.pdf">disproportionately suspended</a> from school compared to their white counterparts. They are twice as likely to be suspended than their non-disabled peers. And they are referred to law enforcement at greater rates. </p>
<p>Although students in special education represent 12% of enrollment, they <a href="http://ocrdata.ed.gov/Downloads/CRDC-School-Discipline-Snapshot.pdf">constitute</a> one-quarter of students arrested and charged with juvenile offenses.</p>
<p>The <a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cstatute%2C">Individuals with Disabilities Education Act (IDEA)</a> outlines specific protections for parents and their disabled children and requires that school districts provide an appropriate education and services such as counseling, social skills and other supports to meet their unique needs. However, the needs of these children are often not met. </p>
<p>Moreover, there are many protections that apply before a disabled student could be considered for suspension or removal for substantial periods of time. Often, these protections are ignored, and the services that should be provided are not. </p>
<h2>Change is needed</h2>
<p>Suspension of students for minor infractions is certainly not the solution. We don’t have to look far to see the consequences of policies that take students out of school and place them in vulnerable, nonproductive settings. </p>
<p>The cost - a life of poverty or incarceration – further continues to perpetuate a cycle of failure. </p>
<p>Myriad systems have worked against poor children of color to deprive them of the educational opportunities that their white counterparts have taken for granted. Poverty, violence, inadequate housing and other systemic inequities place these children in a pipeline for failure. Most of us would not be able to endure the burden, if placed in their small shoes. </p>
<p>A great deal of change is needed to combat these pervasive educational inequities. The US Departments Of Education and Justice have begun to take some important steps by issuing <a href="http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201401-title-vi.html">guidelines</a> to school districts to reduce the numbers of students who are being removed or suspended from school and encouraging schools to find alternatives to suspensions. </p>
<p>These are important steps, but much work remains to be done.</p><img src="https://counter.theconversation.com/content/39906/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Esther Canty-Barnes does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Black students get suspended or expelled at a rate three times greater than white students. The cost: they fall behind in school, and the cycle of poverty and failure is perpetuated.Esther Canty-Barnes, Clinical Professor of Law and Director of the Education and Health Law Clinic, Rutgers UniversityLicensed as Creative Commons – attribution, no derivatives.