School to Prison Pipeline Close to Home

Recently, the Madison school board voted to modify the contract it has with the City of Madison through which it pays for 4 full time police officers (one stationed in each high school). Unfortunately, rather than taking this vote as an opportunity for a serious conversation about the role of police in our schools, Madison’s Mayor, Paul Soglin threatened to remove the police from the high schools if an agreement is not reached within 45 days, though to date, he has been unwilling to engage in serious negotiations on the issue.

school to prison pipeline

Courtesy: Atlanta Black Star

While it is unclear how these negotiations will conclude, both the City and the school board would be wise to examine the available data on juvenile arrest rates to determine whether they are feeding the school to prison pipeline. I recently obtained a copy of a Dane County report with very useful data, Juvenile Population, Arrest, Law Enforcement Referral, and Recidivism in Dane County, 2007‐ 2015There is some good news. Despite an increase in the juvenile population in Dane County from about 45,000 in 2001, to just under 48,000 in 2014, the number of juvenile arrests have fallen from about 8,000 in 2001, to around 3,000 in 2015. While that is a dramatic decline, it is, nevertheless stunning to see the high percentage of juveniles arrested in Dane County. It should be noted, however, that the number of arrests of white juveniles was about the same as that of black juveniles in 2015, but due to the much smaller black population in Dane County, the arrest rate of black juveniles is 3.5 times higher than that of white juveniles.

However, arrests just start the juvenile justice process. The next step is a referral for prosecution. Referrals for prosecution also highlight a huge racial disparity. In 2015, 483 black juveniles were referred for prosecution compared to only 299 white juveniles. Overall, the juvenile referral rate has risen dramatically from 2007-2015 as follows:

  • Total juvenile arrest referral rate increase=37.7%
  • White juvenile arrest referral rate increase=41.1%
  • Black juvenile arrest referral rate increase=26.7%

The arrest referral disparity between white and black juveniles in 2015 is almost 2:1.

The most relevant data to the current debate about police in our schools is that the most common location for juvenile arrest is in school. In 2015, 22.3% of all juvenile justice referrals were from arrests that took place at school. The percentage of school arrests by race were split evenly among white, black and Hispanic juveniles at around 22% (no explanation is given for the other 34%). In 2015, 81 of the 188 Dane County school law enforcement referrals took place in MMSD schools, 67 of which were at MMSD high schools. It is worth noting that the single highest juvenile law enforcement referral has been the very generic disorderly conduct.

When juveniles enter the justice system they are assigned a social worker who makes a recommendation  to the district attorney regarding formal charges. It is worth noting that the DA has consistently charged juveniles at a higher rate than the social worker recommendation. In 2015, social workers recommended charged in 46% of cases, while prosecutors charged 56% of such cases. The racial disparities are stark. In 2015, prosecutors charged:

  • 62% of black juvenile arrestees;
  • 53% of Hispanic juvenile arrestees; and
  • 43% of white juvenile arrestees.

As the City of Madison and the Madison Metropolitan School District negotiate the future role of police officers in our schools, examining this data, with eye towards elimination of the school to prison pipeline and elimination of racial disparities in juvenile arrests should be a critical piece of the conversation.

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For more information on how I can help you accomplish effective, progressive systems change contact Jeff Spitzer-Resnick by visiting his website: Systems Change Consulting.

 

 

 

Feds Support Positive Behavioral Supports, not Suspensions

On August 1, 2016, the U.S. Dept. of Education (USDOE), Office of Special Education and Rehabilitation Services (OSERS) issued an important 16 page guidance letter informing schools that they must do more to provide positive behavioral supports to children with disabilities, instead of suspending them. The letter decries the fact that in the 2013-14 school year, nationwide 10% of all children with disabilities were suspended for 10 days or less, and that rate rises to 19% for children of color with disabilities. The guidance focuses on short term suspensions because the law gives school districts far more flexibility with suspensions of 10 days or less.

USDOE

The guidance letter makes clear that,

Research shows that school-wide, small group, and individual behavioral supports that use proactive and preventative approaches, address the underlying cause of behavior, and reinforce positive behaviors are associated with increases in academic engagement, academic achievement, and fewer suspensions and dropouts.

Moreover,

Research shows that implementing evidence-based, multi-tiered behavioral frameworks can help improve overall school climate, school safety, and academic achievement for all children, including children with disabilities.

Since children who are eligible for special education are legally entitled to a free appropriate public education (FAPE), OSERS makes clear that,

when a child with a disability experiences behavioral challenges, including those that result in suspensions or other exclusionary disciplinary measures, appropriate behavioral supports may be necessary to ensure that the child receives FAPE.

Therefore,

In the same way that an IEP Team would consider a child’s language and communication needs, and include appropriate assistive technology devices or services in the child’s IEP to ensure that the child receives a meaningful educational benefit, so too must the IEP Team consider and, when determined necessary for ensuring FAPE, include or revise behavioral supports in the IEP of a child with a disability exhibiting behavior that impedes his or her learning or that of others.

Of course,

IEPs should contain behavioral supports supported by evidence—IDEA specifically requires that both special education and related services and supplementary aids and services be based on peer-reviewed research to the extent practicable. As a matter of best practice, we strongly encourage schools to consider how the implementation of behavioral supports within the IEP could be facilitated through a school-wide, multi-tiered behavioral framework.

In many cases, it is not simply a matter of changing disciplinary practice. As OSERS states,

Appropriate supplementary aids and services could include those behavioral supports necessary to enable a child with a disability to be educated in regular classes or the setting determined to be the child’s appropriate placement. Such behavioral supports might include meetings with a behavioral coach, social skills instruction, counselor, or other approaches. In general, placement teams may not place a child with a disability in special classes, separate schooling, or other restrictive settings outside of the regular educational environment solely due to the child’s behavior when behavioral supports through the provision of supplementary aids and services could be provided for that child that would be effective in addressing his or her behavior in the regular education setting.

Program modifications and support for personnel may also be necessary to assure that children with disabilities are receiving the FAPE to which they are entitled.

School personnel may need training, coaching, and tools to appropriately address the behavioral needs of a particular child.

Fortunately, the federal guidance also includes resources, such for classroom strategies, Positive Behavioral Intervention and Supports Implementation and Self-Assessmentand a School Discipline Guidance Package.

The guidance identifies seven specific ways which may indicate that there has been either a procedural or substantive failure in the development, review or revision of a child’s IEP, including:

  • The IEP Team did not consider the inclusion of positive behavioral interventions and supports in response to behavior that impeded the child’s learning or that of others;
  • School officials failed to schedule an IEP Team meeting to review the IEP to address behavioral concerns after a reasonable parental request;
  • The IEP Team failed to discuss the parent’s concerns about the child’s behavior, and its effects on the child’s learning, during an IEP Team meeting;
  • There are no behavioral supports in the child’s IEP, even when the IEP Team determines they are necessary for the child;
  • The behavioral supports in the IEP are inappropriate for the child (e.g., the frequency, scope or duration of the behavioral supports is insufficient to prevent behaviors that impede the learning of the child or others; or consistent application of the child’s behavioral supports has not accomplished positive changes in behavior, but instead has resulted in behavior that continues to impede, or further impedes, learning for the child or others);
  • The behavioral supports in the child’s IEP are appropriate, but are not being implemented or not being properly implemented (e.g., teachers are not trained in classroom management responses or de-escalation techniques or those techniques are not being consistently implemented); or
  • School personnel have implemented behavioral supports not included in the IEP that are not appropriate for the child.

A child’s IEP may not be reasonably calculated to provide a meaningful educational benefit if:

  • The child is displaying a pattern of behaviors that impede his or her learning or that of others and is not receiving any behavioral supports;
  • The child experiences a series of disciplinary removals from the current placement of 10 days or fewer (which do not constitute a disciplinary change in placement) for separate incidents of misconduct that impede the child’s learning or that of others, and the need for behavioral supports is not considered or addressed by the IEP Team; or
  • The child experiences a lack of expected progress toward the annual goals that is related to his or her disciplinary removals or the lack of behavioral supports, and the child’s IEP is neither reviewed nor revised.

To avoid confusion, the federal guidance also makes clear that disciplinary removals are not limited to formal suspensions. They also include:

  • A pattern of office referrals, extended time excluded from instruction (e.g., time out), or extended restrictions in privileges;
  • Repeatedly sending children out of school on “administrative leave” or a “day off” or other method of sending the child home from school;
  • Repeatedly sending children out of school with a condition for return, such as a risk assessment or psychological evaluation; or
  • Regularly requiring children to leave the school early and miss instructional time (e.g., via shortened school days).

Inappropriate discipline without behavioral supports can impact the child’s right to be educated in the least restrictive environment (LRE) appropriate for the child, as the guidance points out.

Circumstances that may indicate that the child’s placement in the LRE may not be appropriate include, but are not limited to, a scenario in which a continuum of placements that provides behavioral supports is not made available (e.g., behavioral supports not provided in the regular educational setting), and, as a result, the IEP inappropriately calls for the child to be placed in special classes, separate schooling, or another restrictive placement outside the regular educational environment (e.g., home instruction, home tutoring program, or online learning program).

While harsh disciplinarians may not be pleased with the federal guidance, parents of children with disabilities should be thrilled that the federal government has issued detailed guidance which is designed to ensure that children with disabilities stay in school and receive an appropriate education instead of receiving discipline funneling them into the school to prison pipeline. As an attorney who has represented children with disabilities and their parents in school discipline matters for well over 20 years, this guidance is a welcome tool to correct inappropriately harsh discipline meted out by zero-tolerance educators.

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For more information on how I can help you accomplish effective, progressive systems change contact Jeff Spitzer-Resnick by visiting his website: Systems Change Consulting.

Close the Achievement Gap: Increase Intensive Support

As the Madison Metropolitan School District (MMSD) Board of Education reviews the budget which its administration has prepared for the coming year, it would be wise to take a close look at its continuing problem with the ongoing racial, disability and poverty achievement gap and focus on how appropriate staffing can help to close that gap. While some improvements have been made, persistent gaps remain.

Students simply will not succeed if they are not in school. During the 2014-15 school year 2,477 MMSD students were habitually truant (meaning 5 or more days of unexcused absence from school) representing 9.8% of all MMSD students. But 1,235 of those students (nearly half) were African-American, representing 26.9% of all MMSD African-American students.

During that same year, MMSD suspended 1,713 students. But, 1,069 of them were African-American representing well over half of those suspended students. 402 of MMSD suspended students had disabilities, representing 10.9% of all MMSD students with disabilities, nearly half of all MMSD suspended students. While the data does not reveal how many African-American students with disabilities were suspended, when one adds the African-American suspended students and the suspended students with disabilities, that number almost equals all MMSD suspended students so it is safe to assume that African-American students with disabilities have the highest rate of suspension in the district.

out-of-school-suspensions

That MMSD’s discipline data reveals troubling racial and disability disparities is consistent with national data. But that should come as no solace to anyone, as nobody should admire the data. Instead, we need to apply solutions that we know will work to solve the problem.

While MMSD’s Behavior Education Plan has succeeded in significantly reducing the total number of suspensions, it also reveals another glaring gap for children in poverty. While 48% of MMSD students qualify for free or reduced lunch, a shocking 89% of MMSD suspensions were doled out to low-income students.

Finally, graduation rates also reveal a troubling achievement gap. At the end of the 2014-15 school year, 80.1% of MMSD seniors graduated in 4 years. But only 57.8% of African-American students; 56.8% of students with disabilities; and 62.1% of low-income students graduate in 4 years.

Fortunately, MMSD has a program designed to address the needs of its students with the most intensive needs. The Intensive Support Team (IST) takes requests from MMSD staff to address the needs of students in crisis. As of May 2, 2016, during this school year, there were 455 requests for support to IST. Of these, 411 were served by the team in one of several capacities (consultation, intake/assessment, professional development, short term stabilization), 250 were closed and the rest still active. This means that nearly 10% of referrals were not served and over 1/2 of all referrals are still receiving intensive supports.

Unfortunately, staff cuts were made to this team last year and the administration’s proposed budget does not propose to fill those cuts. The good news is that the budget is still in the discussion stage. School board member Anna Moffit has proposed to increase the IST staff by 3.5 FTE staff to address the unmet need for these students at a cost of approximately $250,000. In an era of tight budgets and state imposed revenue caps, Ms. Moffit recognizes that the money must come from somewhere so she has identified the following reasonable places where this money can be found: reduce spending on Technology Plan; reduce spending on Educational Resource Officers; or utilize funds saved from not filling the position of Special Assistant to the Superintendent ($125,000 dollars).

The school board and our community must recognize that failing to meet the needs of these students has a significant cost both to these students and to society at large. A recent report by the UCLA Civil Rights project from which I extrapolated the high cost of suspensions in Wisconsin, reveals that each suspended student who fails to graduate results in:

  • $19,572 in fiscal costs; and
  • $60,962 in societal costs.

Thus, if the IST is able to help only 5 more students at risk of suspension to graduate, it will have saved our community far more money than the additional cost which Ms. Moffit proposes spending on this worthy program. Thus, her proposal makes senses for educational, equitable, social and economic reasons and should therefore receive the support of the full school board.

Residents of MMSD who support Ms. Moffit’s proposal should e-mail the school board to encourage them to approve her amendment at: board@madison.k12.wi.us.

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For more information on how I can help you accomplish effective, progressive systems change contact Jeff Spitzer-Resnick by visiting his website: Systems Change Consulting.

 

The High Cost of School Suspensions

While many school officials choose to suspend students who misbehave either to teach them a lesson or simply to remove a child who may have caused a disruption in school, they need to understand the long term consequences to both the suspended child and to society as a whole which result from these suspensions.

Today, the UCLA Civil Rights Project released an in-depth report on, The High Cost of Harsh Discipline and its Disparate Impact which takes a comprehensive look at the impact of school suspensions on children and society.

logo-front

This study demonstrates markedly lower graduation rates for students who are suspended even one time. Nationally, the graduation rate drops by 12 percentage points for suspended students!

The report then goes on to calculate the fiscal and social costs of suspensions which lead to high school drop outs.

The consequences are expressed as the lifetime differences between dropouts and graduates in: incomes; taxes paid; government spending on health, crime, and welfare; tax distortions; and productivity gains. Although the fiscal and social costs are related, the social costs include the aggregate losses incurred by dropouts personally such as their lower income, diminished productivity, and higher expenditures on health care due to poorer health. The fiscal costs are a subset of the social costs and cover only the losses experienced by federal, state and local governments due to lower income tax revenues and higher government expenditures on health and social services, and on the criminal justice system.

The report estimates that the national average economic loss per high school non-graduate due to suspension is:

  • fiscal costs to taxpayers: $163,340/suspended non-graduating student
  • social costs to society: $527, 695/suspended non-graduating student

When one multiplies all suspended non-graduates by these economic losses, the national economic impact is tremendous:

  • overall national fiscal cost to taxpayer: $11 billion due to suspended non-graduates
  • overall national social cost to society: $35.7 billion due to suspended non-graduates

On an optimistic note, the report then estimates the nationwide economic benefits achieved by reducing suspensions. For each percentage point of reduction, our nation would save:

  • $691 million saved in fiscal costs/1% reduction in suspension rate
  • $2.2 billion saved in social costs/1% reduction in suspension rates.

The report examines 2 states, Florida and California, but it encourages educators and policymakers to apply this impact to every other state. Thus, in examining Wisconsin’s suspension rate, while the suspension rate has been going down, in 2014-15, Wisconsin school districts nevertheless suspended 31,167 students, or 3.6% of all enrolled students. Using the report’s data, and applying the national average 12% increase in drop-out rate for suspended students, this means that the total economic impact for Wisconsin suspended non-graduates is estimated to be:

  • $610 million fiscal cost to Wisconsin taxpayers due to suspended non-graduates
  • $1.9 billion social cost to Wisconsin society due to suspended non-graduates

The Wisconsin Department of Public Instruction provides suspension data by school district, race/ethnicity, gender and disability. For example, in the Madison area, the Beloit School District has the highest rate of suspension at 10.1% (nearly 3 times the state average). Racial disparities exist throughout the state. Statewide, Wisconsin school districts suspended 15.1% African-American students in 2014-15, nearly 5 times the state average. Beloit once again has troubling racial disparities, having suspended 21.8% of its African-American students that year.

Disparities are also troubling for students with disabilities. Statewide 9.5% of students with disabilities were suspended statewide (nearly 3 times the statewide average). Once again, Beloit exhibits disturbing disparities, having suspended 22.9% of its students with disabilities that year.

Thus, the economic impact on the most disadvantaged groups of students is many times higher than for white non-disabled students.

The report concludes with 3 major recommendations:

  1. When federal and state governments create and implement evaluation and oversight plans for schools and districts they should include suspension rates among the indicators they use to determine whether schools are high performing or in need of assistance.
  2. Use the suspension data as part of an early warning system for schools and districts. Thus, as more districts with high suspension rates explore alternatives, we will need data to help them distinguish between effective and ineffective interventions and policy changes.
  3. State and federal policymakers should provide schools and districts with incentives to improve their school climate, such as grants for substantial teacher and administrator trainings, and resources targeted at improving the collection and use of discipline data at the school level.

These are all excellent ideas, and local school districts need not wait for state and federal policymakers to implement local changes to reduce suspensions, thereby increasing graduation rates, and reducing fiscal and social costs to all of us. This report demonstrates that the investments are well worth the money and effort.

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For more information on how I can help you accomplish effective, progressive systems change contact Jeff Spitzer-Resnick by visiting his website: Systems Change Consulting.

 

 

Let’s Stop Admiring Our Problems & Start Solving them

Last night, Madison Alder Shiva Bidar issued a public advocacy challenge on her Facebook page when she posted the following message:

Tired of people who are against everything. How about focus on things you can be for and change? Don’t throw stones, build a house.

Her challenge to our community was well stated. We live in a data driven world fueled by social media. For many people, this results in posting complaints about what is wrong with the world on Facebook or Twitter, without offering or providing actual solutions.

Powerful-Quran-Dua-For-All-Problems

In my hometown, 2 major problems that we spend more time admiring and insufficient effort solving, are our insufficient housing and services for people who are homeless, and the longstanding racial disparities in employment, criminal justice and education. These problems have been analyzed and displayed for our community over and over again, and yet, the problems persist because too many people spend too much time admiring the problem instead of rolling up their sleeves to solve it.

Certainly, none of us has the capacity to solve every problem which we face. There are many obstacles which we all encounter: insufficient time, resources and expertise are just a few.

However, the daunting challenge of confronting large societal problems with real solutions cannot excuse the far too frequent lapse into ranting about our problems without actually doing anything to solve them. Despite each of our own personal challenges, every person has the capacity to be a problem solver. For some, solving problems may be at a very local level, helping build community in one’s neighborhood, or volunteering to help struggling children at your local school. It only takes a few minutes to write a letter or e-mail to your local officials to propose common sense solutions to community problems.

Last week, the media trumpeted the fact that 47% of Wisconsin’s registered voters actually voted during the recent Presidential primary and Supreme Court election because that was the highest turnout for a Wisconsin Presidential primary since 1972. That a minority of registered voters turning out is considered high is a tragedy. If you cannot do anything else to solve our community’s problems, the least you can do is show up to vote!

I am fortunate to have spent a 30+ year career working to improve our world. Not everyone has the time, privilege or resources to work on solving society’s problems every day. But there is a wide range between engaging in full time systems change advocacy and carving out a little time to solve one problem that truly troubles you.

Want to help solve the homeless problem? Get involved in the discussion over opening a permanent homeless day resource center.

Overwhelmed by the daily violence brought upon us by guns? Write your elected representatives about passing a bullet tax.

It is true that big problems like racism often require big systems change solutions. But each of us can start at the personal level with an honestly friendly smile greeting those who look different from us.

Systems change requires truth, education, organization, & persistence. Ultimately, the most effective systems change happens through real problem solving

Real change to real problems can be daunting, which is why so many people either opt out and do not even bother to vote and resort to merely complaining about problems without rolling up their sleeves to lend a hand to solving them. When faced with daunting problems remember this: nobody can solve society’s problems alone, however, if each one of us lends a hand, through one effort at a time, we can and will solve our problems instead of admiring them.

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For more information on how I can help you accomplish effective, progressive systems change contact Jeff Spitzer-Resnick by visiting his website: Systems Change Consulting.

Discipline them ’til they drop out

The U.S. Department of Education recently released the latest data which provides a lot of information about students in special education. Unfortunately, in critical areas, including discipline and drop-outs, in addition to overall high rates of excessive discipline and drop-outs, racial disparities persist. The data varies significantly between states, and readers can check their own states’ data, as well as gender disparities and those of other racial or ethnic groups, on the Dept. of Education’s website linked above, but to illustrate the problem, I will use my home state of Wisconsin’s data for Black, Hispanic and White students, and compare that to the national average.

USDOE

The national data for special education eligibility is:

  • White:                                          49.7%
  • Hispanic/Latino:                      24.75%
  • Black or African American : 18.47%

The Wisconsin special education eligibility rates are:

  • White:                                        66.26%
  • Hispanic/Latino:                     11.33%
  • Black or African American: 15.28%

Since we know that school success can only happen if students remain in school, the data for suspensions and drop outs is deeply disturbing:

The percent of students with disabilities suspended or expelled 10 or more days is as follows:

US suspension/expulsions 10+days:

  • White:                                         30.43%
  • Hispanic/Latino:                      16.55%
  • Black or African American : 47.16%

Wisconsin suspension/expulsions 10+days:

  • White:                                         25.53%
  • Hispanic/Latino:                        9.31%
  • Black or African American : 62.14%

That’s right. Despite the fact that Black students make up less than 20% of students with disabilities nationally and in Wisconsin, they comprise nearly half of US students with disabilities suspended or expelled more than 10 days and nearly 2/3 of Wisconsin students with disabilities

If that does not shock you, it is even more disturbing when one examines the actual number of students with disabilities suspended or expelled out of school.

  • US total students with disabilities suspended/expelled 10+ days: 52,848
  • US total students with disabilities suspended/expelled <10 days: 487,847
  • US total Hispanic/Latino students with disabilities suspended/expelled 10+ days: 8,713
  • US total Hispanic/Latino students with disabilities suspended/expelled <10 days: 90,779
  • US total Black or African American students with disabilities suspended/expelled 10+ days: 24,827
  • US total Black or African American students with disabilities suspended/expelled <10 days: 182,116

The Wisconsin numbers are equally disturbing.

  • Wisconsin total students with disabilities suspended/expelled 10+ days: 795
  • Wisconsin total students with disabilities suspended/expelled <10 days: 10,907
  • Wisconsin total Hispanic/Latino students with disabilities suspended/expelled 10+ days: 74
  • Wisconsin total Hispanic/Latino students with disabilities suspended/expelled <10 days: 1,111
  • Wisconsin total Black or African American students with disabilities suspended/expelled 10+ days: 494
  • Wisconsin total Black or African American students with disabilities suspended/expelled <10 days: 4,332

Of course, when students are disciplined out of school, many of them end up dropping out.

US students with disabilities ages 14-21 dropping out in 2013-14

  • White: 9.49%
  • Hispanic/Latino: 14.55%
  • Black or African American: 14.3%

Wisconsin students with disabilities ages 14-21 dropping out in 2013-14

  • White: 7.95%
  • Hispanic/Latino: 16.73%
  • Black: 29.38%

Once again, to make clear that these are not just percentages, but real live children, here are the actual numbers of drop outs in these categories.

US students with disabilities ages 14-21 dropping out in 2013-14

  • White: 29,876
  • Hispanic/Latino: 18,812
  • Black or African American: 19,452

Wisconsin students with disabilities ages 14-21 dropping out in 2013-14

  • White: 536
  • Hispanic/Latino: 164
  • Black: 639

These numbers are a tragic indication of a failed education  system that metes out excessive discipline ultimately driving tens of thousands of our most vulnerable students to drop out of school, many of whom will commit crimes and fuel the school to prison pipeline.

However, we need to stop admiring this problem. It is not a new problem. Rather, it is a persistent problem. It persists because those who are responsible for underfunding our schools and permitting local school officials to remove students from school excessively are not held accountable. The numbers are only evidence of a deeply rooted problem. With tragic and transparent evidence of such widespread failure, who will accept responsibility and solve this ongoing nightmare? Who will we hold accountable for this failure?

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For more information on how Jeff Spitzer-Resnick can help you accomplish effective, progressive systems change contact him by visiting his web site: Systems Change Consulting.

 

 

 

 

Police in Schools? Only in Emergencies

The recent incident of police brutality in a South Carolina school makes clear that the trend of ever increasing police presence in our schools has gone too far. Last year, I settled a case of police brutality in a Sun Prairie, Wisconsin middle school, just before it went to trial. Both of these incidents illustrate exactly why police do not belong in school, other than in genuine emergencies.

SC police brutality

In both incidents, the students were not causing or threatening harm to anyone. Both students simply wanted to use their cell phones and failed to follow police orders not to do so. The result in both incidents was a violent use of force by the police officer simply because the children did not follow the police officer’s command.

Earlier this year the Center for Public Integrity produced eye-opening data revealing the number of school referrals to law enforcement on a state by state basis. The data should shock anyone who is concerned about the schools to prison pipeline. The worst state is Virginia which sends nearly 16 out of every 1000 students to law enforcement. Sadly, racial and disability disparities are also revealed. In Virginia, that rate jumps to over 25/1000 black students and over 33/1000 students with disabilities.

My own state of Wisconsin has the 7th highest rate sending over 10/1000 students to law enforcement, with similarly troubling racial and disability disparities. Wisconsin schools send 14/1000 black students to law enforcement and nearly 25/1000 students with disabilities are referred to law enforcement.

Due to this overuse of police in our schools, the National Disabilities Rights Network just issued its recommendations on school policing, earlier this week. Among the key recommendations are:

  • The role of School Resource Officers (SROs) should be limited to ensuring school safety in the manner expected of a sworn law enforcement officer. Local Education Agencies (LEAs) (school districts) should assess whether SROs working in their districts are being used to enforce non-violent school code violations, manage student behavior (including the behavior of students with disabilities who have behavior plans), and other non–law enforcement tasks. If so, they should remove SROs from the school environment or alter their role accordingly.
  • In any instance in which a SRO works in a school setting, the school districts should develop and publicize Memoranda of Understanding (MOU) with the relevant law enforcement agencies regarding the use of school based law enforcement. The purpose of the MOU is to make clear the role of the SRO in the school setting, and specifically to clarify that SROs may not be used enforce non-violent school code violations, manage student behavior (including the behavior of students with disabilities who have behavior plans), and other non– law enforcement tasks.
  • All law enforcement officers working in and around schools must know how to appropriately interact with individuals with disabilities.
  • All law enforcement officers working in and around schools must understand the developmental needs of children and youth, and how to interact with them successfully. This includes the need of all law enforcement officers to comply with Constitutional requirements in a manner that is developmentally appropriate for students of the age they will encounter in the course of their work.
  • State Education Agencies (SEAs) and LEAs should use reported data, including disaggregated data on school based arrests to guide school improvement plans and to highlight disparities (i.e. resources, discipline disparities). This data analysis should be used to ensure that LEAs are taking action to remedy disparities in school based arrests. Where they are not remedying disparities on their own, the federal government should enforce the law using the full extent of their authority.
  • All LEAs must report accurate data to the Civil Rights Data Collection (CRDC) in a timely manner. The US Department of Education (ED) should hold non-compliant districts accountable, including but not limited to, withholding administrative funds to grantees, and lowering scores when non-compliant districts compete for new federal education competitive grants. Competition scores should be increased for fully compliant districts. ED should report to the public when a sanction has been levied against a district for failing to report as required, in order to improve confidence in the reporting system. This compliance must include reporting of school based arrests and referrals to law enforcement.
  • Require implicit bias training for schools and/or districts that are under consent decrees or that have significant disproportionality in discipline, referrals to juvenile justice, access to programs and/or resources.
  • Requiring SEAs with schools and districts that have high levels of exclusionary discipline, or disproportionality in rates of exclusionary discipline, to provide the following training/professional development to school staff and SROs, at a frequency based on a quarterly review of discipline/school removal data and law enforcement referral data.

    o IDEA (federal special education law) discipline policies and requirements
    o Crisis management
    o Data-driven, evidence-based prevention and responsive strategies (including such approaches as restorative justice and Positive Behavioral Interventions and Supports)
    o De-escalation strategies
    o Understanding and responding to the effects of trauma o Culturally responsive practices
    o Implicit bias

    Finally, school districts identified as having elevated school-based arrest rates remove SROs from the school environment as soon as possible.

    The bottom line is that police do not belong in schools to enforce school discipline policies. They should only be used in cases of violent emergencies.

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    For more information on how I can help you accomplish effective, progressive systems change contact Jeff Spitzer-Resnick by visiting his website: Systems Change Consulting.

Which Students Overcome Suspensions?

While I have written a lot about the problems with zero tolerance policies in school fueling the school to prison pipeline, a recent analysis provides new insights into which students overcome the burdens imposed upon them when they are suspended from school.

According to the analysis  by the Brooking Institution, high school graduation rates are significantly lower for students who are suspended. This leads to lower income later in life as the “suspension penalty” carries into adulthood.

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It is well documented that school discipline is disproportionally meted out on students of color, those with disabilities, and those who are low-income, which is a problem in my hometown of Madison, Wisconsin. But, as the Brookings analysis points out, economic success later in life for suspended students is impacted greatly by whether or not the student graduates from high school and obtains further education.

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Not surprisingly, then, family income is directly related to whether or not a child is suspended.

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The Brookings analysis also examines two other critical factors which help determine whether or not a child can overcome the burden of suspension. First, students who live with both biological parents through age 18 have a much better chance of overcoming the burden of suspension.

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Finally, whether or not the student’s mother graduated from high school has a strong correlation to whether or not the student graduates. This correlation is particularly profound for students who are suspended.

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Thus, while school discipline policies must continue to reduce the likelihood of suspension due to the long term problematic outcomes for suspended students, the larger picture of family stability and parental success must also be supported if we hope to stop the generational poverty which burdens our society.

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For more information on how I can help you accomplish effective, progressive systems change contact Jeff Spitzer-Resnick by visiting his website: Systems Change Consulting.

Using All the Puzzle Pieces to End Racism

My community is reeling in the aftermath of yet another police shooting of an unarmed black teen. While Madison anxiously awaits for the release of the state Department of Justice’s investigation into this killing, and whether or not the police officer will be prosecuted by the Dane County District Attorney, protests continue and acrimony remains high.

It is important to understand the larger context of this shooting to fully understand the furor of the protests. Despite its image as a progressive community, Madison’s racial disparities in school, incarceration and poverty are well documented. In fact, it is not unreasonable to describe Madison and the entire state of Wisconsin as having the worst racial disparities in the nation. I have previously written about the need for Madison to move from worst to first in this critical area.

It is not surprising then, that a group such as Young, Gifted & Black has surged to the forefront of the protests since Tony Robinson’s violent death at the hands of a police officer. This group has organized protests and shouted out demands for change at mayoral debates. Earlier this week, they blocked traffic for 7 hours in a major 6 lane artery in front of my son’s high school, causing disruption throughout the day.

Some, including Madison Police Chief Mike Koval, have chastised the tactics of some of the more vocal protestors, suggesting that “you deserve anything that you have coming to you when you engage in that sort of rhetoric.” Such statements only add fuel to the fire and suggest that the Police Chief could use some help editing his blog and before he speaks publicly.

Other voices are more moderate, calling for change and understanding. Rev. Alex Gee has led this group dubbing his movement, “Justified Anger.” Rev. Gee and I have discussed the need for a systems change approach to end racism in Madison.

Sadly, the power structure in Madison and the State of Wisconsin simply has not changed with regard to its failure to own genuine accountability for these horrific racial disparities which are ruining so many lives and poisoning our society at large. Indeed, Madison voters appear to accept the status quo in recently re-electing the mayor who has presided over these persistent racial disparities for so many years.

Systems change does not come easily and it takes many actors working the system in many ways. Rather than fighting about whether someone’s methods are effective or not, recognizing that no one method will solve the gigantic and historic problem of racism, will help all those working on the problem understand that they should support each puzzle piece in fitting together to solve the problem even if it is not a puzzle piece they choose to own for themselves.

Recently, I was reminded that one of the puzzle pieces involves bringing the community together in  joyous ways. Last weekend, the Madison East High Jazz Orchestra played a wonderful free concert at the Madison Museum of Contemporary Art. From a young, gifted and black singer who channelled Stevie Wonder and James Brown IMG_2565to the son of Madison School Superintendent who loved dancing to the music, IMG_2564this concert helped students feel pride in their accomplishment and the community recognize that there are many ways to come together to solve the problems or racism including music and dance.

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For more information on how Jeff Spitzer-Resnick can help you accomplish effective, progressive systems change contact him by visiting his web site: Systems Change Consulting.

Madison’s Behavior Education Plan: Can’t Measure Progress without Goals

As I have reported previously, I worked hard to get the Madison Metropolitan School District (MMSD) to adopt its new Behavior Education Plan, which went into effect at the beginning of the current school year.  However, while it was a good step forward towards teaching appropriate behavior instead of removing so many children from education, I expressed concerns about the failure of MMSD to set specific outcome goals and to provide sufficient training and support to assure effective implementation of this ambitious plan.

Recently, local media reported stories of MMSD teachers complaining that implementation of the Behavior Education Plan was not going well and that their schools were more chaotic than ever.  Moreover, while the Behavior Education Plan has indeed resulted in fewer suspensions, racial disparities have actually increasedDespite these glaring problems, the school district’s first quarterly report continues the pattern of failing to identify specific outcome goals so progress can be measured and implementation can be adjusted as needed.

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In response to these concerns, MMSD Superintendent Jennifer Cheatham wrote an OpEd in which she declared that Madison schools are “aiming for excellence, equity.”  That sounds great, but with equity actually getting worse, it is remarkable that her OpEd follows her pattern of refusing to set specific outcome goals.

Perhaps the biggest concern in failing to set reasonable outcome goals while the Behavior Education Plan is attacked from within is that parents and teachers who want safe schools will demand the repeal of this otherwise excellent plan.  These concerns must be met with clear goals and better training.  The tools are there.  Teachers just need training and support.

In Gainesville, Florida, for example, teachers are using a multi-tiered approach to support behavioral needs because they understand that:

“If a child is not behaving there’s a need not being met, and that’s the premise I always go on.”

MMSD’s new Behavioral Education Plan represents a sea change in how we teach our children. It has the opportunity to keep students in school, teach them appropriate behavior, improve academic performance, and close racial disparities.  However, if MMSD continues to fail to set reasonable outcome goals, and does not provide sufficient training and support for its staff, it will all be for naught.

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For more information on how Jeff Spitzer-Resnick can help you accomplish effective, progressive systems change contact  him by visiting his web site: Systems Change Consulting.