Racial and Disability Inequity in Lexington Public Schools Discipline Disparities and Beyond by Daniel J. Losen Director, The Center for Civil Rights Remedies, at UCLA’s Civil Rights Project

Why look at missed instruction due to Discipline? THE SCHOOL TO PRISON PIPELINE Losing instructional time can have a devastating impact on achievement and future academic and life outcomes. Increased risk for dropping out and juvenile justice involvement. Often the issue is assumed to be safety, but most often safety is not a factor. It’s important to decriminalize the discourse around the discipline of school children. In MA, child advocates hope to encourage the state board of education to adopt school discipline and discipline disparities as a condition of learning indicator and have it count as part of the statewide school accountability system pursuant to the federal Every Student Succeeds Act (ESSA). Schools can take meaningful action because whether suspensions are used frequently or sparingly is determined by school policies, practices and leadership. Districts can also control the length of suspensions.

Is Suspension Educationally Justified? If a school suspends the bully of your child for three days does that help? Exclusion is not the same as accountability and prevention. Research: Suspension is a non-intervention, and rarely a deterrent. Ideally, an intervention prevents the problem from re-occurring and serves a restorative function. Real interventions involve a lot more adult work with students. Most suspensions in Massachusetts are for “category 18” which are non-violent, non-drug and non-criminal behaviors. Suspending students for such minor behaviors are the most subjective and are often counter-productive. Even one suspension can have very serious long-term consequences and is associated with lower graduation rates and serious economic costs.

Racial Difference in Lost Instruction (per 100) in Massachusetts and in Selected Lexington Schools (2015-16) Clarke was the only other school with at least 10 suspended students.

Discipline Disparities in Rates of Out-of-School Suspension at LHS (2013-2017) Asian was 2.2% for 15-16 Anybody hear about LHS suspending a student last year? Often data errors look like zeros across the board.

Lexington removed students from high school most often for minor “category 18” behavior in 2015-16.

The School to Prison Pipeline in Lexington’s Schools Lexington has had large disparities in the past, and in 2015-16 Black high school students lost 46 more days of instruction (per 100) than White students. The use of suspension declined in 2016-17 to 0% at LHS according to the data reported by the state. Anecdotes indicate there may be an error. In any event, suspension disparities are just the tip of the iceberg. The real issue is inequity in educational opportunity.

One day during his first week of Kindergarten in Lexington, my son told me – “Today I learned the pledge of illusions!” I fear that too many adults in Lexington have taken the pledge of illusions and are convinced that there are no racial problems in Lexington. Is Dr. King’s Dream a reality in Lexington? Start by looking at the data, disaggregated by race, disability and the confluence …. Notice when and where the arch of the universe is bending toward justice and applaud real progress and the efforts to achieve it...but continue to question the status quo if the outcomes are still disparate. Believe that our educators will respond to the truth, and ultimately want to do right by our children. Might implicit racial bias and disability bias still have an influence?

Implicit Bias and Negative Perception MIT Brew wins blind-fold test over lite beer. Told of drop of vinegar, no blindfold - lite beer preferred. Micro-Brew preference maintained if knowledge of vinegar comes after tasting. Bias influenced perception of taste. (See Dan Ariely, Predictably Irrational) Beliefs and expectations influence one’s perception. Bias can lead to less desirable decisions. You cannot avoid bias, but positive experience can mitigate negative bias.

Implicit Bias and Different Responses Fair minded educators can treat students differently and not realize it. Blacks are punished more severely for the same offense. (Stanford, Okonofua study). Students with disabilities likely get punished frequently (and unlawfully) because of their disability. The largest disparities in discipline are nearly always for Black students with disabilities.

Race/Gender Disparities Among Students with Disabilities (2011–12) Source: Are We Closing the School Discipline Gap? Report by The Center for Civil Rights Remedies at UCLA’s Civil Rights Project, February 2015 (p. 6)

Implicit Bias Test yourself www.implicit.harvard.edu My results … The majority of Black test takers …

Implicit Bias and Pre-disposition Experiment by Yale’s Child Study Center Trigger stereo-types Reinforcement of bias even if = misbehavior? Do subtle messages build over time? What is the impact over time on children’s experience of their teachers and their school? …On how children see themselves?

AP Test Takers at LHS in 2016-17 3 of 79 Black students (4%) 6 of 228 students with disabilities (3%) 414 of 1,163 White students (36%) In Massachusetts 31% of high school graduates (class of 2016) took an AP test and earned a 3 or higher. (College Board, February 2017)

Percentage of Selected Lexington HS Subgroups Taking At Least One AP Test

Why Are There Such Large AP Enrollment Differences? Second tier segregation in educational opportunity? Our nation’s schools are as segregated today as they were the year MLK was assassinated. In Lexington? Do these patterns start before high school? Are the discipline disparities and the AP disparities connected?

Segregation in Our Schools Schools in the U.S. are as segregated today as they were the year MLK was assassinated. Is Lexington part of the fabric of injustice today? Separate is not equal whether it is between schools or within a school. Do we have “second tier” segregation in Lexington public schools?

What to Conclude? The decline in suspensions could be the result of a systemic effort, and deserving of praise, or it might just be a data anomaly, or a reporting issue. There remain disturbing disparities that suggest racial and disability inequity in the opportunity to learn in Lexington and in Massachusetts.

Action Steps vis a vis LPS Encourage participation in school survey for families of Black children and students with disabilities. Seek confirmation or correction of the High School discipline data. Press for annual public report and discussion of data on multiple school equity issues including discipline disparities, AP test taking, honors participation, and other indicators. Ask LPS to set goals for improving equitable access to the opportunity to learn.

Additional Action Steps: Take the implicit bias test. Encourage the state board of education to adopt school discipline as one of the statewide school accountability indicators. Get involved with local, state and national civil and human rights groups working to improve racial equity in our public schools.

Take Action: Don’t Take the Pledge The pledge of illusions ends, “With Liberty and Justice for None.”

The End Recent Book of Research: Closing the School Discipline Gap (2015) New Reports: Suspended Education in Massachusetts (2017) Lost Instruction: The Disparate Impact of California’s School Discipline (2017) The Hidden Costs of California’s Harsh School Discipline: And the Localized Economic Benefits From Suspending Fewer High School Students, by Russell Rumberger and Daniel Losen (2017) www.schooldisciplinedata.org http://www.civilrightsproject.ucla.edu/ losendan@gmail.com Twitter: @losendan 22