Posts Tagged ‘zero tolerance’

Prodded by feds, Minneapolis will consider race in school suspensions

The groundbreaking move follows negotiations with the federal government, which sent out a letter to school systems warning that disciplinary patterns with “disparate impact” were under suspicion. There is of course a reformist cast for rethinking some harsh aspects of school discipline systems, zero tolerance policies being one, but not the only, example. Such reforms might well have the effect of narrowing disproportionately high rates of discipline for students in some minority groups. But the Minneapolis system’s move (apparently encouraged by Washington) to consider race explicitly in the suspension process, with minority kids getting an additional layer of review, raises the likelihood of a challenge under the Constitution’s equal protection clause, as does the setting of an enforceable compliance objective of achieving identical suspension rates from one demographic group to the next independent of whether misconduct rates are identical. [Tom Corbett/Star Tribune, Hans Bader/CEI, John Steele Gordon/Commentary, RiShawn Biddle/Dropout Nation (a different view)].

Schools roundup

Schools roundup

Schools roundup

  • “Zero Tolerance Hurts Kids and Ruins Schools” [A. Barton Hinkle] “Teen’s military plans on hold after spending 13 days in jail” [WOIO, Ohio]
  • Who knew the visiting scholar of conservative thought would turn out to be conservative? [Boulder Daily Camera re: U. of Colorado attacks on Steven Hayward]
  • Case by case, courts take away right of taxpayers, lawmakers to regulate school spending [Steve Gunn, EAG News; earlier here, etc.]
  • Heather Mac Donald on gangs and the case for school discipline [NRO] More: Ruben Navarrette, CNN.
  • Editorial board endorses parent liability for school bullying [Newark Star-Ledger]
  • States to GAO: feds’ school lunch changes aren’t going well [Jason Bedrick, Cato; Washington Post]
  • Proposed Rhode Island law: “No Child Under 7th Grade Shall Get On or Off School Bus Without a Guardian” [Free-Range Kids] St. Louis: “Mom Arrested for Not Signing School Sign-In Book” [same]

DoJ: school discipline must follow disparate-impact standards

The Justice Department and Department of Education have sent out a Dear Colleague letter discouraging schools from pursuing strict discipline policies against student misbehavior, especially against “routine” or “minor” infractions; Education Secretary Arne Duncan cited tardiness and disrespect as examples of the latter. [Christian Science Monitor]

Assuming that the federal government has somehow acquired the legitimate constitutional authority to begin dictating the fine points of disciplinary policy to local schools in the first place — a big if — it might seem at first that much of this is innocuous. Some early coverage, for example, makes it sound as if the letter is mostly aimed at obtaining a reconsideration of zero-tolerance policies, long criticized in this space, as well as the sorts of suspensions and expulsions that are based on far-fetched dangers like finger guns or forbidden hugs.

Unfortunately, there’s much more. The letter represents the culmination of a years-long drive toward imposing tighter Washington oversight on school discipline policies that result in “disparate impact” among racial or other groups. Policies that result in the suspension of differentially more minority kids, or special-ed kids, will now be suspect — even if the rate of underlying behavior is not in fact uniform among every group. (Special-ed kids, for example, include many placed in that category because of emotional and behavioral problems that correlate with a higher likelihood of acting out in misbehavior. Boys misbehave more than girls.)

If the policy helps speed the correction of some overly harsh, mechanical school policies, both under the zero-tolerance rubric and otherwise, it may have some positive side effects. But the disparate-impact premise is a pernicious one that’s sure to create many new problems of its own. [Andrew Coulson, Cato; Scott Johnson, PowerLine]

More: in 2012 Senate testimony, Andrew Coulson pointed out that 1) compared with the alternatives, the use of out-of-school suspensions appears to improve the learning environment for other (non-disciplined) students by protecting them from disruption; 2) zero-tolerance policies were adopted in the first place in part as a defense for administrators against disparate-impact charges. In other words, the new supposed remedy (disparate-impact scrutiny) helped cause the disease to which it is being promoted as the cure. (& welcome Andrew Sullivan, Scott Greenfield, Hans Bader readers; cross-posted at Cato at Liberty)

Schools roundup

  • Following outcry, Ohio lawmaker drops proposal to license homeschool parents [Jason Bedrick/Cato, sequel]
  • In Colorado U. crackdown on professor’s deviance course, university retracts claim that professor needed to clear controversial teaching with institutional review board [Inside Higher Ed, Zachary Schrag and sequel, background on IRBs]
  • The purely fictional, entirely bloodless “assassin” game — which I remember was played in my own high school years ago without anyone worrying — now seems to be controversial in suburban D.C. because School Violence and Think of the Children. [Washington Post; Bedrick, Cato on pretend “arrow” zero-tolerance case]
  • After son’s death, Ontario mom urges schools to let asthmatic kids carry inhalers [CBC, Bedrick]
  • Cathy Young on how the forces of unanimity police discussions of “rape culture” [Minding the Campus]
  • Kansas regents forbid faculty/staff to post social media content contrary to best interest of university [WaPo]
  • Don’t forget to stop home some time: more public schools serving dinner as well as breakfast and lunch [Future of Capitalism]

Schools roundup

  • Opponents, including U.S. Department of Justice, go after school choice programs in court [Jason Bedrick, more]
  • Study finds bullying programs may have opposite from intended effect. Why, next they’ll tell us D.A.R.E. is a flop at curbing drug use. Oh wait [CBS Dallas]
  • National Association of the Deaf files lawsuit against Maryland, seeking captioning at sporting events [WaPo]
  • “NYC will spend $29 million on salaries, benefits of educators it can’t fire” [NY Daily News] [NY Times]
  • Gotta-cover-yourself incident and accident reports clog the classroom day with paper [Ted Frank, Point of Law]
  • “IRBs and mission creep” [Dave Hoffman, Prawfs, earlier]
  • Boy who drew cartoonish bomb at home suspended, reinstated [Fox Carolina, Free-Range Kids]

Guns roundup

  • Bloomberg’s Mayors Against Illegal Guns blurs lines between 501c(4), New York City government sponsorship [Politico]
  • “Ordinary purposes” of derringer include carrying it around routinely with safety not engaged, argue lawyers in product liability case [Abnormal Use]
  • Connecticut’s confiscatory law: “State took guns of man for mischief night egg fight” [Greenwich Time]
  • “This kind of insurance doesn’t even exist.” Concern over D.C. councilor Mary Cheh’s proposal for mandatory $250K coverage for gun owners [Washington Times]
  • $60K New York City fine for tourist shop that sold gun-shaped lighters [Reason]
  • And more annals of gun hysteria: “Suspension over gun-shaped toaster pastry is now permanent mark on kid’s record” [Eric Owens, Daily Caller] Episode of Lego-sized toy gun ends more happily [LtB] “‘Playing with Toy Guns Desensitizes Children to Using Real Guns…’ Uh, Sez Who?” [Free-Range Kids]
  • “Defense of mass surveillance = defense of more gun control: To get bad guys, treat EVERYONE like a criminal.” [@ABartonHinkle]