Tag: zero tolerance

Administration’s Good Intentions Could Hurt Black Students’ Achievement

Today the Department of Education and Justice Department released new discipline guidelines intended to reduce racial disparities in punishment in the nation’s schools. The move stems from a combination of factors: African-American students are disciplined more harshly, on average, by public schools; and suspensions and expulsions are associated with negative long-term educational outcomes for the disciplined students. The guidelines are technically voluntary, but as the Associated Press reports, “the federal government is telling school districts around the country that they should adhere to the principles of fairness and equity in student discipline or face strong action if they don’t.” Unfortunately, this federal pressure may end up hurting black students far more than it helps them.

The problem is that while expelling disruptive students may be associated with negative educational outcomes for the disruptor, it is associated with positive educational outcomes for the rest of his classmates. That is the finding of a uniquely sophisticated study conducted by Joshua Kinsler and published last year in the prestigious International Economic Review (a draft is available here). Kinsler found that cutting out-of-school suspensions in schools with many disruptive students lowers overall student achievement.

In that and earlier work, Kinsler also discovered that the disparity in punishments handed out to students of different races is almost entirely explained by the schools the students attend, and not by racism. Black students, Kinsler found, are more likely to attend schools that have harsh discipline policies, and hence are more likely to receive harsh discipline. But, within a given school, the punishments accorded to white and black students are generally the same. Majority black schools with severe discipline policies apply those policies in the same way to their white students, and majority white schools with more lenient policies also apply those policies in the same way to their black students (see Kinsler’s 2011 study in the Economics of Education Review, a draft of which can be found here).

There are much better approaches to school discipline than those practiced in most public schools today, but until such time as those policies become widely adopted, simply pressuring districts to mete out less severe punishments seems likely to drive down the academic achievement of the very students it is meant to help.

What are those better discipline policies and how can we encourage their widespread adoption? I offered some suggestions in my Senate testimony on the subject a little over a year ago.

When “Zero Tolerance” Is Deadly

In his testimony before Congress advocating for the legalization of medicinal marijuana, National Review senior editor Richard Brookhiser argued that “the law disgraces itself when it harasses the sick.” How much more so when a school’s absurd “zero tolerance” drugs policy prevents a child with asthma from reaching his life-saving inhaler in time:

Ryan Gibbons was only 12 years old when he died from a severe asthma attack during recess at school. He would have simply reached for the prescription inhaler that he always carried with him, but his school took it away and locked it in the principal’s office.

As Ryan gasped for air, his friends picked him up and carried him to the office where his inhaler was held. But they couldn’t get there in time. Ryan passed out before they reached his potentially life-saving medicine. He never recovered. The date was Oct. 9, 2012.

The tragedy took place at Elgin County School in Straffordville, Ontario, Canada. Now Ryan’s grieving mom, Sarah Gibbons, is leading a campaign to get schools to change their senseless policy of keeping essential inhalers away from asthmatic children — by law.

The bill that she wants lawmakers to pass is dubbed “Ryan’s Law,” in honor of her son’s memory. The proposed law would force schools to let kids who have a doctor’s okay carry inhalers in school, in a pocket or backpack.

It’s too often the case that would-be laws named after deceased children are hastily conceived with little thought given to unintended consequences, but here it is the policy that the law seeks to overturn that was implemented without enough forethought. Schools certainly have a legitimate interest in keeping even legal drugs like alcohol and tobacco off its premises and preventing potentially-harmful prescription drugs from falling into the wrong hands. But inhalers are different than antibiotics or other prescription drugs that are taken at regularly scheduled intervals. The risk that some non-asthmatic students might abuse the inhalers is dwarfed by the risk of blocking access to inhalers. According to the Asthma and Allergy Foundation of America, nearly 25 million Americans suffer from asthma, including over 9 percent of children, and there are about 3,300 deaths resulting from asthma each year, “many of which are avoidable with proper treatment and care.”

This isn’t the first time a school policy came between a student with asthma and his inhaler. Last year, a student with asthma experiencing breathing difficulties passed out when a school nurse and school dean refused to allow him to use his inhaler – which was “still in its original packaging, complete with his name and directions for its use” – because his mother hadn’t filled out the proper form. The school did not call 911 and insisted even after the fact that it had done the right thing by following its policy to the letter.

10-Year-Old Faces Expulsion Over Imaginary Weapon

We’ve already noted that zero tolerance means zero logic, but this story ranks among the most asinine. The Rutherford Institute is representing the parents of a 10-year-old child who was threatened with expulsion and eventually suspended for playfully firing an imaginary “arrow” from an imaginary “bow” at another student “armed” with an imaginary “gun”:

As we understand the facts of Johnny’s case, during the week of October 14th, Johnny asked his teacher for a pencil during class. He walked to the front of the classroom to retrieve the pencil, and during his walk back to his seat, a classmate and friend of Johnny’s held his folder like an imaginary gun and “shot” at Johnny. Johnny playfully used his hands to draw the bowstrings on a completely imaginary “bow” and “shot” an arrow back at the friend. The two children laughed.

Seeing this, another girl in the class reported to the teacher that the boys were shooting at each other. The teacher took both Johnny and the other boy into the hall and lectured them about disruption. This is exactly where the story should end.

Instead, however, the teacher sent an email to Johnny’s mother, Beverly Jones, alerting her to the seriousness of the violation because the children were using “firearms” in their horseplay, noting that Johnny was issued a referral to the Principal.

Principal John Horton contacted Ms. Jones soon thereafter and asserted that Johnny’s behavior was a serious offense that could result in expulsion, although Mr. Horton offered to “merely” require that Johnny serve a one-day in-office suspension.

When Ms. Jones asked Mr. Horton what policy Johnny had violated, Mr. Horton replied that Johnny had “made a threat” to another student using a “replica or representation of a firearm,” through his use of an imaginary bow and arrow…

Shouldn’t school officials just be glad that, instead of using play swords, these kids are safely “killing” each other from across the room?

(Hat tip: Michael Graham.)

 

When “Zero Tolerance” Means Zero Logic

Schools work very hard to curb drunk driving, so when a sober student offers to drive an inebriated friend home from a party rather than let her attempt to drive home herself, no doubt any school would hold her up as worthy of emulation, right? Wrong, sadly, at least at North Andover High School in Massachusetts:

Two weeks ago, Erin [Cox] received a call from a friend at a party who was too drunk to drive. Erin drove to Boxford after work to pick up her friend. Moments after she arrived, the cops arrived too and busted several kids for underage possession of alcohol.

A North Andover High School honor student, Erin was cleared by police, who agreed she had not been drinking and was not in possession of alcohol. But Andover High told Erin she was in violation of the district’s zero tolerance policy against alcohol and drug use. In the middle of her senior year, Erin was demoted from captain of the volleyball team and told she would be suspended from playing for five games.

One of the central purposes of education is to teach students to consider the consequences of their actions. In this sense, Cox and her friend demonstrated greater wisdom than school officials. While the students clearly considered the potentially lethal consequences of attempting to drive drunk, school officials apparently haven’t considered how their “zero tolerance” policy might discourage sobers students from aiding inebriated colleagues in the future. As Alexander Abad-Santos notes at the Atlantic, “Cox did not break any laws; she did not drink, did not party — yet was still punished by the school. By reprimanding Cox, North Andover High is likely sending out a confusing and contradictory message to teens about drinking, designated drivers, and asking for help.” The Cox family lawyer agrees:

Senate Hearing Wednesday: The ‘School to Prison Pipeline’

I’ll be testifying before the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights this Wednesday, at 2:00pm. The hearing will investigate the “school to prison pipeline”—the pattern of flawed disciplinary policies and practices, including “zero tolerance,” that has been widely faulted for unnecessarily pushing students out of school and into the juvenile justice system.

In addition to summarizing some important recent research on the subject, I’ll also be describing an alternative discipline policy that has shown enormous success in one of the most violent, crime-ridden districts in the country, and what Congress can do to encourage the adoption of such policies.

The hearing is open to the public (Dirksen building, room 226), and I’ll be posting my written testimony afterwards.