Pennsylvania schools are far more likely to suspend Black and Latino students than White students. According to a recent report by the ACLU of Pennsylvania, 4.3 suspensions were issued for every 100 White students in Pennsylvania in the 2009-2010 school year. In contrast, 15.85 suspensions were issued for every 100 Latino students, and a startling 31.97 were issued for every 100 Black students.
Racial gaps in Pennsylvania’s suspension rates are in line with national trends. On January 8, 2014, the U.S. Departments of Education and Justice released guidance to address this national problem. The Departments clarified that they will investigate discrimination in school discipline in the form of both different treatment, or when students are treated differently based on race, and disparate impact, or when a seemingly race-neutral discipline policy affects racial groups differently. For example, the Departments may investigate different treatment discrimination when Black students are more likely to be punished for “defiance” than White students for comparable behavior. Under the disparate impact form of discrimination, the Departments may investigate whether Latinos who are more likely to depend on unreliable public transportation to travel to school are also more likely to be punished for tardiness.
The Department of Education (“ED”) also published guiding principles for improving school discipline. ED’s principles, and what Pennsylvania should do to embrace them, are outlined below:
1. Create positive school climates and focus on prevention.
Pennsylvania schools should adopt disciplinary approaches that minimize misbehavior and foster safe and caring climates. Particularly, schools should draw strategies from positive behavioral intervention, which proactively promotes appropriate behavior to prevent misbehavior, and restorative justice, which repairs relationships harmed by misbehavior. Studies of Pennsylvania schools indicate that these approaches are associated with safer school climates and reductions in misbehavior and overall suspensions.
2. Set clear, appropriate, and consistent behavioral expectations and consequences.
Pennsylvania students should only be suspended or expelled for the most serious offenses. The American Psychological Association has found that “zero tolerance” policies are ineffective at deterring misbehavior, and do not improve school climate. Studies also show that suspension is linked with increased dropout rates, academic difficulties, and involvement with the juvenile justice system. Pennsylvania school districts should revise disciplinary codes and change discipline practices to eliminate “zero tolerance” policies and minimize use of suspension and expulsion.
3. Ensure fairness, equity, and continuous improvement.
Although the strategies outlined above will improve overall school climate and show potential for closing racial gaps in discipline rates, educational research has yet to identify specific practices to close these gaps. By taking a data-driven approach to discipline, however, Pennsylvania schools can proactively develop such practices. Specifically, Pennsylvania should expand adoption of School-Wide Positive Behavioral Intervention & Supports (“SWPBIS”), an evidence-based approach endorsed by the new federal guidelines and the Pennsylvania Department of Education (“PDE”). PBIS uses school-wide data to drive improvement in preventing misbehavior and supporting appropriate behavior. PDE already offers grants, resources, and training to assist schools in adopting SWPBIS. Schools that have not already done so should make adopting SWPBIS a priority.
Responsibility for fair discipline in Pennsylvania schools ultimately lies with local educators at the building and district levels. The evidence-based strategies encapsulated in the guidelines will only have an impact if these strategies are adopted by educators and policymakers. By embracing the new federal guidelines, Pennsylvania schools can foster positive rather than punitive school climates, eliminate excessive suspensions and expulsions, drive continuous improvement and innovation, and ultimately bring fairness to school discipline.
Posted Feb. 15, 2014