Youth of color are overrepresented
at nearly every point of contact
with the juvenile justice system, and they are more likely to be incarcerated
and to serve more time than white youth. Disproportionate
minority contact with the juvenile justice system has
resulted in the startling fact that 1 in 3 Black boys and 1 in 6 Latino boys
born in 2001 are at risk of imprisonment in their lifetime. Much of this
contact with the justice system begins with inappropriate and discriminatory
discipline practices in schools.
This past Friday, the United States Department of Justice took action against a
school district in Mississippi for violating Title IV of the Civil Rights Act of 1964, which prohibits
discrimination on the basis of race, among other bases, in public schools.
The Justice
Department announced that, jointly with the Meridian Public School District in
Meridian, Miss., and private plaintiffs, it has filed a landmark consent decree
to prevent and address racial discrimination in student discipline in district
schools. If approved by the court, the proposed consent decree will
resolve the department’s investigation into complaints that the district
unlawfully and disproportionately subjects black students to suspension,
expulsion and school-based arrest, often for minor infractions. In the course of the investigation,
the department found that black students frequently received harsher
disciplinary consequences, including longer suspensions, than white students
for comparable misbehavior, even where the students were at the same school,
were of similar ages, and had similar disciplinary histories. The consent
decree would amend a longstanding federal school desegregation decree enforced
by the United States, which prohibits the district from discriminating against
students based on race.
The consent decree:
- Limits exclusionary discipline
such as suspension, alternative placement and expulsion, and prohibits
exclusionary discipline for minor misbehavior;
- Prohibits school officials from
involving law enforcement officers to respond to behavior that can be
safely and appropriately handled under school disciplinary procedures;
- Requires training for school
law enforcement officers on bias-free policing, child and adolescent
development and age appropriate responses, practices proven to improve
school climate, mentoring and working with school administrators ;
- Revises policies at the
district’s alternative school to create clear entry and exit criteria and
provide appropriate supports to speed students’ transitions back to their
home schools;
- Requires enhanced due process
protections in student discipline hearings;
- Expands use of a behavior and
discipline management system known as positive behavior intervention and
supports (PBIS) at all schools;
- Requires teachers and
administrators to use developmentally appropriate tiered prevention and
intervention strategies before removing students from instruction;
- Requires monitoring of
discipline data to identify and respond to racial disparities;
- Requires training on all
revised policies and procedures; and
- Implements measures to engage
families and communities as partners in revising policies and as
participants in regular school and community informational forums.
All schools should make it a priority to ensure that
they are not disproportionately sending students of color to become involved
with the criminal justice system, thereby damaging their track to healthy
development. It is possible to ensure the safety of all students and creating
an environment conducive to learning, while at the same time appropriately
disciplining delinquent behavior. CSSP’s Youth Thrive
initiative builds a model for the healthy development and well-being of youth by
increasing protective and promotive factors while reducing risk factors.
There is a role for policymakers in this process, especially
state and local officials because the juvenile justice system is administered
at the state level. See the Center for the Study Policy’s section on Reducing
Juvenile Detention for a number of policy recommendations
for reducing racial disparities. Also, stay tuned for a new Policy for Results
section on Preventing Juvenile Delinquency.
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