L AS EDICIONES IMPRESAS

In 2012, Institute for Restorative Justice and Restorative Dialogue (IRJRD), led by Dr, Marilyn Armour, partnered with Ed H. White Middle School in San Antonio, Texas, to implement a Restorative Discipline program aimed at reducing the use of exclusionary practices like suspension and expulsion to discipline sixth, seventh, and eighth grade students. Total student suspensions at the White Middle School dropped by 44% during

101 the first year of the program and by 57% the second year. Teachers’ and administrators’ experience with, and training in, restorative practices seems positively correlated with lower suspension rates. Dr. Armour described the program as a “relational approach to building school climate and addressing student behavior that fosters belonging over exclusion, social engagement over control, and meaningful accountability over

punishment.” An evaluation of Restorative Discipline at White Middle School authored by Dr. Armour also reported “substantial gains” in academic performance; “African American students, in particular” showed improvement in both math and reading.

For the points quoted here and further information see MARILYN ARMOUR, ED

WHITE MIDDLE SCHOOL RESTORATIVE DISCIPLINE EVALUATION:IMPLEMENTATION AND

IMPACT 12 (2014), http://www.utexas.edu/research/cswr/rji/pdf/Year2-Final-EW-

Report.pdf; Texas Schools Restorative Discipline Project, U.TEX.AUSTIN:SCH.SOC.WORK,

https://socialwork.utexas.edu/projects/texas-schools-restorative-discipline-project. Dr. Armour can be reached at [email protected].

102

ENDNOTES

1 _{Easy Access to the Census of Juveniles in Residential Placement: 1997-2013, OFFICE OF}

JUVENILE JUSTICE AND DELINQUENCY PREVENTION,

http://www.ojjdp.gov/ojstatbb/ezacjrp/asp/selection.asp (select “Race”; “Most Serious Offense General”; “12 or younger”; click “Show Table”) (last visited Jan. 25, 2016) [hereinafter JJDP,Easy Access].

2 _{Some of this report is taken from the following sources: Jason P. Nance, Dismantling}

the School-to-Prison Pipeline: Tools for Change, __ ARIZ.ST.L.J. __ (forthcoming),

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2671447; Jason P. Nance, Schools,

Police, and the School-to-Prison Pipeline, 93 WASH.U.L.REV. __ (forthcoming),

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2577333.

3 _{Hawes Spencer, Child Handcuffed and School Policies Questioned, NPRRADIO (Dec. 9,}

2014); see also Melinda D. Anderson, When Schooling Meets Policing, THE ATLANTIC (Sept.

21, 2015) (cumulating similar incidents of police involvement with schools); Tunette Powell, My Son Has Been Suspended Five Times. He’s 3., WASH.POST:POSTEVERYTHING

(July 24, 2014),

https://www.washingtonpost.com/posteverything/wp/2014/07/24/my-son-has- been-suspended-five-times-hes-3/.

4 _{See Hawker v. Sandy City Corp., 774 F.3d 1243, 1245 (10th Cir. 2014) (Lucero, J.,}

concurring) (quoting Jason P. Nance, School Surveillance and the Fourth Amendment, 2014 WIS.L.REV. 79, 83 (2014)); U.S.DEP’T OF JUSTICE &U.S.DEP’T OF EDUC.,DEAR COLLEAGUE

LETTER ON NONDISCRIMINATORY ADMINISTRATION OF SCHOOL DISCIPLINE 4 (Jan. 8, 2014),

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201401-title-vi.pdf [hereinafter DEAR COLLEAGUE LETTER].

5 _{See U.S.DEP’T OF EDUC.OFFICE FOR CIVIL RIGHTS,CIVIL RIGHTS DATA COLLECTION,DATA}

SNAPSHOT:SCHOOL DISCIPLINE (2014), http://ocrdata.ed.gov/Downloads/CRDC-

School-Discipline-Snapshot.pdf.

6 _{See Nance, Students, Police, and the School-to-Prison Pipeline, supra note 2 (documenting}

data that school-based arrests have increased in several states and in several school districts throughout the country).

7 _{See, e.g., FLA.STATE CONFERENCE NAAPC,ADVANCEMENT PROJECT &NAACPLEGAL}

DEFENSE AND EDUC.FUND,INC.,ARRESTING DEVELOPMENT:ADDRESSING THE SCHOOL

DISCIPLINE CRISIS IN FLORIDA 6 (2006) [hereinafter ARRESTING DEVELOPMENT],

103 during the 2004–2005 school year, there were 26,990 school-based referrals to the

Florida Department of Juvenile Justice and seventy-six percent of those referrals were for disorderly conduct, trespassing, and fighting without a weapon); ACTION FOR

CHILDREN,FROM PUSH OUT TO LOCK UP:NORTH CAROLINA’S ACCELERATED SCHOOL-TO-

PRISON PIPELINE 9–10 (2013), http://www.ncchild.org/wp-

content/uploads/2014/05/2013_STPP-FINAL.pdf. (“Students were most commonly referred to the juvenile justice system for low-level offenses.”); JUSTICE POLICY INST.,

EDUCATION UNDER ARREST:THE CASE AGAINST POLICE IN SCHOOLS 15 (2011) [hereinafter

EDUCATION UNDER ARREST],

http://www.justicepolicy.org/uploads/justicepolicy/documents/educationunderarres t_fullreport.pdf (observing that during the 2007–08 school year in Jefferson County, Alabama, ninety-six percent of students referred to juvenile court were for

misdemeanors that included disorderly conduct and fighting without a weapon).

8 _{For example, the number of students in secondary schools suspended or expelled}

increased from one in thirteen in 1972–1973 to one in nine in 2009–2010. See JACOB

KANG-BROWN ET AL.,VERA INST. OF JUST.,AGENERATION LATER:WHAT WE’VE LEARNED

ABOUT ZERO TOLERANCE IN SCHOOLS 2 (2013),

http://www.vera.org/sites/default/files/resources/downloads/zero-tolerance-in- schools-policy-brief.pdf.

9 _{See U.S.DEP’T OF EDUC.OFFICE FOR CIVIL RIGHTS, supra note 5.}

10 _{See TONY FABELO ET AL.,BREAKING SCHOOLS’RULES:ASTATEWIDE STUDY OF HOW}

SCHOOL DISCIPLINE RELATES TO STUDENTS’SUCCESS AND JUVENILE JUSTICE INVOLVEMENT

37 (2011) (reporting that 97 percent of suspensions and expulsions in Texas resulted from offenses that did not require suspension or expulsion under law),

https://csgjusticecenter.org/wp-

content/uploads/2012/08/Breaking_Schools_Rules_Report_Final.pdf; Daniel J. Losen, Sound Discipline Policy for Successful Schools: How Redressing Racial Disparities Can Make a

Positive Impact for All, in DISRUPTING THE SCHOOL-TO-PRISON PIPELINE 45, 54-55 (Sofía

Bahema et al. eds., 2012) (explaining that the vast majority of suspensions and expulsions are for minor offenses); see also AM.BAR ASS’N JUVENILE JUSTICE COMM’N,

ZERO TOLERANCE POLICIES:AREPORT 2 (2001),

http://www.americanbar.org/content/dam/aba/directories/policy/2001_my_103b.a uthcheckdam.pdf (explaining that students have been suspended or expelled for shooting a paperclip with a rubber band or bringing a manicure kit to school); Am. Psychol. Ass’n Zero Tolerance Task Force, Are Zero Tolerance Policies Effective in Schools? An

Evidentiary Review and Recommendations, 63 AM.PSYCHOL. 852, 852 (2008) (explaining

that a ten-year-old girl was expelled because her mother put a small knife in her

lunchbox to cut up an apple); id. (describing that a student was expelled for talking on a cell phone to his mother who was on deployment as a solider to Iraq and with whom he had not spoken to for thirty days).

104

11 _{See generally HOUSE COMM. ON OVERSIGHT AND GOV’T REFORM,STATEMENT SUBMITTED} BY LIZ RYAN YOUTH FIRST!INITIATIVE (July 15, 2015), https://oversight.house.gov/wp-

content/uploads/2015/07/Ryan-YouthFirst-Statement-7-15-Criminal-Justice-II- COMPLETE.pdf (summarizing the data); Press Release, Office of the Press Sec’y,

Presidential Proclamation—National Youth Justice Awareness Month, 2015, THE WHITE

HOUSE, (Sept. 30, 2015), https://www.whitehouse.gov/the-press-

office/2015/09/30/presidential-proclamation-national-youth-justice-awareness-month- 2015.

12 _{DANIEL J.LOSEN &JONATHAN GILLESPIE,OPPORTUNITIES SUSPENDED:THE DISPARATE}

IMPACT OF DISCIPLINARY EXCLUSION FROM SCHOOL 33 fig. 10 (2012),

http://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights- remedies/school-to-prison-folder/federal-reports/upcoming-ccrr-research/losen- gillespie-opportunity-suspended-2012.pdf (data from Public Record request).

13 _{Population Estimates,U.S.CENSUS BUREAU,}

https://www.census.gov/popest/data/counties/asrh/2012/PEPSR6H.html (last visited Jan. 14, 2016).

14 _{See supra Figure 3; see also infra Figures 4 & 5.}

15 _{See U.S.DEP’T OF EDUC.OFFICE FOR CIVIL RIGHTS, supra note 5, at 1–6; LOSEN &}

GILLESPIE, supra note 12, at 6 (finding that one out of every six Black students enrolled in

K–12 public schools has been so suspended at least once, but only one out of twenty White students has been suspended).

16 _{U.S.DEP’T OF EDUC.OFFICE FOR CIVIL RIGHTS, supra note 5, at 6. The CRDC data is}

corroborated by substantial additional localized data. See Russell J. Skiba, Mariella I. Arredondo & Natasha T. Williams, More than a Metaphor: The Contribution of Exclusionary

Discipline to a School-to-Prison Pipeline, 47 EQUITY &EXCELLENCE IN EDUC. 546, 550 (2014);

MATTHEW P.STEINBERG,ELAINE ALLENSWORTH &DAVID W.JOHNSON,STUDENT AND

TEACHER SAFETY IN CHICAGO PUBLIC SCHOOLS:THE ROLES OF COMMUNITY CONTEXT AND

SCHOOL SOCIAL ORGANIZATION 46 (2011) (maintaining that low-performing students are

less likely to be engaged in school and more likely to be frustrated and misbehave); see also Matthew P. Steinberg, Elaine Allensworth & David W. Johnson, What Conditions Support Safety in Urban Schools?: The Influence of School Organizational Practices on Student

and Teacher Reports of Safety in Chicago, in CLOSING THE SCHOOL DISCIPLINE GAP:

EQUITABLE REMEDIES FOR EXCESSIVE EXCLUSION 118, 125 (Daniel J. Losen ed., 2015)

(explaining that low-achieving students are less likely to be engaged and more likely to act out).

17 _{U.S.DEP’T OF EDUC.OFFICE FOR CIVIL RIGHTS, supra note 5, at 1.}

18 _{Families and Living Arrangements,U.S.CENSUS BUREAU tbl.C3,}

105 2016); see also WILLIAM O’HARE,ANNIE E.CASEY FOUND.,THE CHANGING CHILD

POPULATION OF THE UNITED STATES:ANALYSIS OF DATA FROM THE 2010CENSUS (2011),

http://files.eric.ed.gov/fulltext/ED527048.pdf.

19 _{See, e.g., AM.VALUES INST.,BLACK MALE REIMAGINED II,TRANSFORMING PERCEPTION:}

BLACK MEN AND BOYS,

https://drive.google.com/folderview?id=0B0vxb032gRCPRThJOFVtM0xpeEE&usp=sh aring&tid=0B0vxb032gRCPV1pqQndrUVlHNEE; Oscar Barbarin & Gisele M.

Crawford, Acknowledging and Reducing Stigmatization of African American Boys, YOUNG

CHILDREN 79 (2006); Ronald F. Ferguson, Teachers' Perceptions and Expectations and the

Black-White Test Score Gap, 38 URB.EDUC. 377, 460, 472, 474-75 (2003).

20 _{See, e.g., LOSEN &GILLESPIE, supra note 12, at 18-21 (reviewing disproportionality in}

discipline/special education by state). See generally Resolution Letter, Christian County Public Schools, U.S.DEP’T OF EDUC.OFFICE FOR CIVIL RIGHTS (Feb. 28, 2014),

http://www2.ed.gov/about/offices/list/ocr/docs/investigations/03115002-a.html (finding a violation of Title VI based on different treatment against African-American students who were disciplined more frequently and harshly than white students whose behavior was similar and whose disciplinary histories were similar or worse).