In recent years, the topic of discrimination in school discipline practices has gained attention, as schools and legal entities like the Office for Civil Rights (OCR) have investigated and addressed these disparities. Understanding OCR resolutions and legal settlements from the past decade reveals crucial insights into how disciplinary practices impact students, especially marginalized groups, and offers guidance on establishing fairer, more inclusive systems. Here’s a deep dive into the challenges, strategies, and steps toward equity in discipline practices.
Understanding Discipline Disparities
OCR resolutions highlight that subjective definitions of offenses and inconsistent data collection practices perpetuate inequality in school discipline. Too often, schools rely on vague descriptions like "disruptive behavior" or various interpretations of trigger words like “threatened, intimidated, harassed, provoked” leading to disciplinary actions that disproportionately impact students of color and those in special education. Additionally, many schools have loose protocols around data entry failing to record all referrals and disciplinary actions, resulting in underreported data that masks the full extent of disproportionate disciplinary practices.
The Importance of Disaggregated Data
To create a clearer picture, OCR resolutions often contain corrective actions calling for the disaggregation of discipline data by race, ethnicity, and program participation. A common calculation methodology for comparing risk across a population is the Risk Ratio. This practice reveals patterns that may otherwise remain hidden and allows schools to address specific disparities in treatment. Schools can further support transparency by publicly presenting this data at least once or twice a year, fostering accountability and community awareness.
Key Strategies and Practices for Building Equitable Systems
1. Clear Referral and Documentation Requirements:
Establishing comprehensive referral protocols, which include the referring staff member, details of the incident (location, time), code violations, and any law enforcement involvement, ensures that records are both detailed and impartial. This documentation forms the basis for consistent disciplinary decisions, minimizing the impact of subjectivity and bias.
2. Restorative Discipline Practices:
Traditional punitive approaches often fail to adequately address the underlying issues or reasons for the behavior. Restorative practices, on the other hand, focus on relationship-building and accountability rather than punishment. The core goal is to enable students to understand the impact of their actions and repair harm, fostering a more supportive school environment. School discipline guidelines are often lacking restorative options for responding to situations referred to the administration.
3. Temporary Alternative Settings:
When removal from the classroom is necessary, alternative education settings provide structured environments tailored to the students' needs. However, most of these programs fall short of being restorative or instructional in design. Effective programs are grounded restoration and explicit skill development related to the behavior leading to the reason the student needed to be removed. To ensure a high level of program integrity, guidelines should be developed to address the following: entry and exit criteria, daily procedures, targeted skills for development, restorative practices to be utilized, communication procedures with staff, progress monitoring protocols, and reintegration strategies.
Student Justice Centers further this work by promoting accountability over punishment. In these centers, students engage in discussions on how to repair harm and maintain healthy relationships following a situation in which the community has been harmed. The Student Justice Center is supervised by an adult but it is run completely by students. This highly effective peer-to-peer strategy is helpful in shifting the focus from mere discipline to meaningful growth and restoration.
Moving Forward with Equity in Mind
Creating fair and effective discipline systems in schools requires a concerted effort from all stakeholders. By implementing data-driven, restorative, and peer-centered practices, schools can build environments where every student feels respected and supported. OCR resolutions have demonstrated the importance of transparency and accountability when it comes to successfully mitigating disproportionate student outcomes. Embracing these principles, schools can make significant strides in creating disciplinary systems that meet the needs of all students.
Dr. Jon Eyler
Founder & Chief Executive Officer
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