https://padlet.com/pjohnson214/d1bomj181f3emzu8 Angelo State University en-us 2020-07-17 23:00:07 UTC 2020-07-18 15:12:30 UTC hello@padlet.com pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657207293 I will be working from the perspective of an elementary counselor at a Title I school. The purpose of this guide is to provide fellow counselors and teachers with legal implications related to racial inequities in school discipline.
I chose this topic because students of color tend to face more severe punishments than non-students of color for similar levels of offenses. Even if unintentional, educators need to recognize racial disparities and legal consequences of unequal discipline.]]> 2020-07-17 23:02:30 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657207293 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657209520 2020-07-17 23:08:52 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657209520 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657209789 2020-07-17 23:09:40 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657209789 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657210039 2020-07-17 23:10:28 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657210039 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657210124 2020-07-17 23:10:43 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657210124 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657210307 14th Amendment of the United States Constitution (U.S. Const. amend. XIV)
>This amendment establishes that all U.S. citizens have a right to equal protection of laws and are entitled to due process.
>Application of the amendment in  educational settings suggest that students have rights to due process related to disciplinary actions that could result in suspension or expulsion.
>Statutory and administrative laws based on the equal protection requirements of this amendment prohibit discrimination when assigning student discipline.
Link: www.archives.gov/founding-docs/amendments11-27
Reference: 
U.S. Const. amend. XIV

]]> 2020-07-17 23:11:23 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657210307 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657215079 Title VI of the Civil Rights Act of 1964 (42 U.S.C.  §200d et seq.)
Title IV, Part A of Every Student Succeeds Act (ESSA) of 2015 (20 U.S.C. 7117)
>Title VI protects people from discrimination based on race, color, or national origin in housing, employment, and education programs or activities receiving federal financial assistance, including disciplinary actions of school officials.
>ESSA requires educational entities to design and implement activities to support well-rounded educational opportunities, including tailored plans to reduce exclusionary discipline practices in elementary and secondary schools.
Links:
www.govinfo.gov/content/pkg/USCODE-2018-title42/pdf/USCODE-2018-title42-chap21-subchapV-sec200d.pdf
https://www2.ed.gov/policy/elsec/leg/essa/legislation/title-iv.html#TITLE-IV-PART-A
References:
Title VI of the Civil Rights Act of 1964, 42 U.S.C.  § 2000d et seq.
Title IV, Part A of Every Student Succeeds Act of 2015, 20 U.S.C. 7117
  ]]> 2020-07-17 23:25:14 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657215079 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657220133 Guidelines for the enforcement of  title VI, Civil Rights Act of 1964 (28 C.F.R.  § 50.3)
>This law establishes procedures and courses of action to correct Title VI violations and continue federal funding.
>Title VI authorizes the attorney general to investigate violations; however, local school districts have the opportunity to conduct their own investigations and take suggested actions to eliminate discriminatory discipline practices.
Link: www.govinfo.gov/content/pkg/CFR-2019-title28-vol2/pdf/CFR-2019-title28-vol2-sec-50-3.pdf
Dear Colleague Letter (Dear Colleague Letter, 2014)
>The U.S. Department of Justice Civil Rights Division and the U.S. Department of Education Office for Civil Rights issued a joint Dear Colleague Letter providing guidelines for public elementary and secondary schools to follow in disciplinary proceedings without discrimination based on race, color, or national origin.
>The departments oversee enforcement of Title IV and Title VI of the Civil Rights Act of 1964 and investigate complaints regarding student discipline policies and practices.
>Authors of the letter note that 2011-2012 data showed some racial groups tended to receive harsher discipline than their peers. For example, Black students were three times more likely than their White peers to be expelled or suspended.
>The letter provides several examples of discriminatory discipline practices, explains the legal framework involved in considering investigation of discrimination claims, and provides a list of remedies to avoid disparities in disciplining students of color.
>The guidance provided in this letter was repealed by the Trump administration in 2018.
References:
Civil Rights, 28 C.F.R.  § 50.3
Lhamon,C. & Samuels, J. (2014, January 8). Dear Colleague Letter. Washington, DC: U.S. Department of Education, Office of Civil Rights & U.S. Department of Justice, Civil Rights Division. Retrieved from: https://www2ed.gov/about/offices/list/ocr/letters/colleague-201401-title-vi.html

]]> 2020-07-17 23:39:32 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657220133 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657229059 (Thomas v. St. Martin Parish School District, 2017)
>A U.S. district court judge issued a superseding court order in a long-standing desegregation case related to student assignment based on attendance zones, transfers, transportation, and quality of education.
>The quality of education portion of the ruling required the district to implement remedial measures regarding discipline, graduation rates, and retention.
>The district was specifically ordered to revise discipline practices and implement training to ensure fair discipline after it was found that Black students were 76 percent more likely to face suspension than White students even when involved in the same misbehavior.
Link: https://justice.gov/crt/casedocument/file/924216/download]]> 2020-07-18 00:07:30 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657229059 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657230981 (Manor ISD Student Code of Conduct, 2019)
>The student code establishes that the district does not discriminate based on race, color, disability, religion, ethnicity, or national origin.
>Teachers and administrators will notify parents of student conduct concerns.
>Parents will be notified immediately by phone or in person if a student will be suspended, assigned to an alternative education program, or taken into custody by law enforcement.
>Appeals of discriminatory actions should be made to the student's teacher or campus administrator.
>The conduct code describes types of prohibited conduct and explains reasons and procedures for taking disciplinary actions.
Link: https://manorisd.net/site/handlers/filedownload.ashx?moduleinstanceid=2037&dataid=512&FileName=2019-2020-scoc.pdf
Reference:
Manor Independent School District (2019). Student code of conduct. Retrieved from https://manorisd.net/site/handlers/filedownload.ashx?moduleinstanceid=2037&dataid=512&FileName=2019-2010-scoc.pdf]]> 2020-07-18 00:14:07 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657230981 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657239171 Review school and student data to assess needs including, but not limited to, data on disparities that may exist related to gender, race, ethnicity, socioeconomic status and/or relevant classifications (American School Counselor Association Code of Ethics, 2016, A.3c).
Although counselors are not responsible for administering discipline, they do have an obligation to help ensure that all students receive an equitable education. By developing interventions based on data, counselors can advocate for cultural awareness when working with students and provide counseling services to help students develop positive behavior and decision-making skills.
Link: schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf
Reference:
American School Counselor Association (2016). ASCA ethical standards for school counselors. Alexandria VA: Author]]> 2020-07-18 00:40:48 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657239171 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657265434 2020-07-18 01:58:36 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657265434 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657265634 2020-07-18 01:59:11 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657265634 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657266334 Noting that the educational system is not immune to systemic and institutional racism, the American School Counselor Association (2020) issued guidance on how school counselors can promote equity and access for all students. The article focused on how counselors can apply standards and ethics to create a school culture free from racism and bias. Recommendations include creating systemic change by collecting and reporting data that highlight inequitable outcomes, including disproportionate rates of discipline and suspensions of students of color. In addition to reporting disparities, counselors should advocate for policies and procedures that promote equity for all students. Finally, counselors are encouraged to challenge biased comments or behaviors in school and district committees.
Link: schoolcounselor.org/asca/media/asca/Standards/RacismBias.pdf
Reference:
American School Counselor Association (2020). Eliminating racism and bias in schools: The school counselor's role. Alexandria VA: Author]]> 2020-07-18 02:01:13 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657266334 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657297626 Balingit (2018) reports that data from the Civil Rights Data Collection showed that Black, Hispanic, male, and American Indian students faced harsher discipline than their peers. The article was published at the same time Education Secretary Betsy DeVos proposed limiting investigations into those racial disparities.
>Based on results from the 2015-2016 school year, Black students made  up 15 percent of student populations but accounted for 31 percent of referrals to and arrests by law enforcement. Data also showed that students with disabilities made up 12 percent of enrollment but accounted for 28 percent of referrals and arrests.
>The Government Accountability Office(GAO) reported similar results of Black students, boys, and students with disabilities facing more discipline regardless of the disciplinary action, level of school poverty, or type of public school attended.
>As the Trump administration moved to eliminate the 2014 guidance from the Obama administration directing school districts to adopt policies to avoid potential civil rights violations, advocates on both sides debated the cause of differences in discipline.
>The GAO report and advocates to continue the 2014 guidance attribute the disparity to the implicit bias of teachers and staff who may judge student behavior based on race. Conservative experts, on the other hand, argued the disparities are a result of socioeconomic status and whether they live in two-parent households.
(The Trump administration ultimately rescinded the guidance.)
Link: washingtonpost.com/local/education/racial-disparities-in-school-discipline-are-growing-federal-data-shows/2018/04/24/67b5d2b8-47e4-11e8-827e-190efaf1f1ee_story.html
Reference:
Balingit, M. (2018, April 24). Racial disparities in school discipline are growing, federal data show. The Washington Post. Retrieved from https://washingtonpost.com/racial-disparities-in-school-are-growing-federal-data-shows/2018/04/24/67b5d2b8-47e4-11e8-827e-1903faf1f1ee

]]> 2020-07-18 03:39:05 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657297626 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657400834 Superville (2019) explains efforts between Los Angeles Unified School District and the University of Southern California to train principals to directly address racial issues. The training will include:
>frank discussions about racism, racist school cultures, racist institutional norms, and racist practices and policies;
>curriculum that addresses analyzing data to identify racial inequities, eliminating racial gaps in discipline, and teaching strategies to engage students of color;
>identifying a major problem of racial inequity on individual campuses and developing a plan to address with measurable outcomes;
>completing practical lessons that lead to concrete changes in their buildings to hold themselves and others accountable.
Link: blogs.edweek.org/edweek/Disrict/2019/11/principals-equity-training.html
Reference:
Superville, D. (2019, November 5). Principals to get speicialized training to tackle racial inequities in their schools. Education Week. https://blogs.edweek/District/2019/11/principals-equity-training.html]]> 2020-07-18 11:26:23 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657400834 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657405078 This article examines how racial bias impacts the education of Black students (Weir, 2016). The author discusses examples of differing academic expectations for Black students compared to other races  and the impact of bias on how students are disciplined, and interventions to support teachers in engaging and motivating students. 
Link: apa.org/monitor/2016/11/cover-inequality-school
Reference:
Weir, K. (2016, November). Inequality at school. What's behind the racial disparity in our education system? American Psychological Association 47(10). https://apa.org/monitor/2016/11/cover-inequality-school

]]> 2020-07-18 11:56:14 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657405078 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657424023 Although guidance issued by the Obama administration was repealed, it contains remedies to correct Civil Rights violations that can be tweaked and used proactively to eliminate racial inequities in school discipline.
>Ensure that discipline policies clearly define infractions and include fair and consistent consequences.
>Develop and implement teaching strategies that encourage and reinforce positive student behaviors.
>Provide training for school staff on discipline policies and classroom management techniques.
>Provide school-based supports for struggling students who engage in repeated disruptive behavior.
>Emphasize that suspensions and expulsions should be a last resort discipline measure (Lhamon & Samuels, 2014).
>Provide implicit bias training as a component of classroom management techniques.
>Consider restorative practices, social emotional learning, and trauma-informed care as alternatives to suspensions and expulsions.
Reference:
Lhamon, C. & Samuels J. (2014, January 8). Dear Colleague Letter. Washington DC: U.S. Department of Education, Office for Civil Rights & U.S. Department of Justice, Civil Rights Division. Retrieved from https://www2ed.gov/about/offices/list/ocr/letters/colleague-201401-title-vi.html]]> 2020-07-18 13:35:22 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657424023 pjohnson214 https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657435181 Recognizing racial inequities in school discipline is important because of the disparate number of minority students who face more severe punishments than their peers. Minority students and students with disabilities are more likely to be miss classroom educational opportunities due to in- and out-of-school suspensions and expulsions. Advocates for equitable treatment in schools argue that these exclusionary discipline practices feed the school-to-prison pipeline. Counselors as social justice advocates for students have the opportunity to make a difference by helping to create a culturally inclusive school environment where all students can receive an equal education.
Current issues:
Recommendations from the new school safety report issued by the Department of Education focus on increasing security through measures such as hiring more resource officers and funding therapists to provide students regular access (Camera, 2018). While the move to address mental health is a much needed resource, the increase in resource  officers may be counter intuitive considering that students of color are more frequently referred to or arrested by law enforcement. Advocates fear the rollback of the previous administration's guidance will undo any progress made.
Reference:
Camera, L. (2018, December 18). White House: Scrap Obama-era school discipline guidance. U.S. News & World Report. Retrieved from usnews.com/news/education-news/articles/2018-12-18/white-house-scrap-obama-era-school-discipline-guidance]]> 2020-07-18 14:21:58 UTC https://padlet.com/pjohnson214/d1bomj181f3emzu8/wish/657435181