L OS MANUSCRITOS QUE CONTIENEN LA C OMPENDIOSA HISTORIA H ISPANICA

DIVERSITY IN THE PIPELINE TO THE LEGAL PROFESSION Ch. 4 (2009) [hereinafter REDFIELD,

DIVERSITY] (summarizing issues of engagement in the context of the so-called new 3Rs,

rigor, relevance, relationship); Sheri A. Castro Atwater, Waking Up to Difference: Teachers,

Color-Blindness, and the Effects on Students of Color, J. INSTRUCTIONAL PSYCHOL. 246, 252

(2008) (discussing significance of understanding the difference “between a ‘race should not matter’ philosophy and a ‘race does not matter’”); Monica Biernat & Amanda K. Sesko, Communicating About Others: Motivations and Consequences of Race-Based

Impressions, 49J.EXPERIMENTAL SOC.PSYCHOL. 138 (2013) (discussing White tendency to

use different within category standards); see generally BARUTI K.KAFELE,CLOSING THE

ATTITUDE GAP:HOW TO FIRE UP YOUR STUDENTS TO STRIVE FOR SUCCESS (2013) (discussing

the importance of knowing and believing in one’s students).

31 _{Drew S. Jacoby-Senghor, Stacey Sinclair & J. Nicole Shelton, A Lesson in Bias: The}

Relationship Between Implicit Racial Bias and Performance in Pedagogical Contexts, 63 J. EXPERIMENTAL SOC.PSYCHOL. 50, 53 (2016) (describing how implicit bias impacts

instructor anxiety, lesson quality, and student performance).

32 _{Alyssa Croft & Toni Schmader, The Feedback Withholding Bias: Minority Students Do Not}

Receive Critical Feedback From Evaluators Concerned About Appearing Racist, 48 J.

EXPERIMENTAL SOC.PSYCHOL.1139,1142-44(2012) (discussing feedback withholding

bias/feedback inflation and its potential impact on students); John Hattie & Helen Timperley, The Power of Feedback, 77 REV.EDUC.RES. 81, 81 (2007) (noting that feedback

is one of the most powerful influences on student learning and achievement); Feedback

in Schools by John Hattie, VISIBLE LEARNING,http://visible-learning.org/2013/10/john-

hattie-article-about-feedback-in-schools/ (“The culture of the student can influence the feedback effects: Feedback is not only differentially given but also differentially

received.”) (last visited Jan. 11, 2016).

33 _{ROBERT ROSENTHAL &LENORE JACOBSON,PYGMALION IN THE CLASSROOM (1968); Rosa}

Hernández Sheets, From Remedial to Gifted: Effects of Culturally Centered Pedagogy, 34 THEORY INTO PRACTICE 186 (1995) (reporting that Spanish-speaking students who failed

second-year Spanish who are later labeled Advanced and encouraged by their teacher go on to pass the Advanced Placement Spanish exam); ROBERT L.GREENBERG,EXPECT

108

THE MOST PROVIDE THE BEST, 6-8, 29-38 (2014) (reviewing importance of expectations and

offering case studies); cf. Kathleen Cotton, Expectations and Student Outcomes, SCH.

IMPROVEMENT RES.SERIES (1989),

http://educationnorthwest.org/sites/default/files/expectations-and-student- outcomes.pdf (“[T]he most important finding from this research is that Teacher Expectations Can and Do Affect Students' Achievement and Attitudes.”).

34 _{Jennifer A. Richeson et al., African Americans’ Racial Attitudes and the Depletion of}

Executive Function after Interracial Interactions, 23 SOC.COGNITION 336 (2005); Jennifer A.

Richeson & J. Nicole Shelton, Negotiating Interracial Interactions: Costs, Consequences, &

Possibilities, 16 CURRENT DIRECTIONS PSYCHOL.SCI. 316, 316 (2007) (“[I]ndividuals often

exit interracial interactions feeling drained both cognitively and emotionally”). See generally discussion infra note 406.

35 _{See generally Jamilia J. Blake, Bettie Ray Butler & Danielle Smith, Challenging Middle-}

Class Notions of Femininity: The Causes of Black Females’ Disproportionate Suspension Rates, in CLOSING THE SCHOOL DISCIPLINE GAP,supra note 16,at 76 (“Although a number of

factors are believed to contribute to disproportionate disciplinary practices,

racial/ethnic bias has been implicated more frequently.”); Pamela Fenning & Jennifer Rose, Overrepresentation of African American Students in Exclusionary Discipline: The Role of

School Policy, 42 URB.EDUC. 536, 537 (2010) (explaining that students of color are

targeted by teachers out of fear and anxiety of losing control of the classroom); Kent McIntosh, Erik J. Girvan, Robert H. Horner & Keith Smolkowski, Education not

Incarceration: A Conceptual Model for Reducing Racial and Ethnic Disproportionality in School

Discipline, 5 J.APPLIED RES. ON CHILD. 4, 6 (2014) (stating that conscious or unconscious

bias is an important factor in the discipline gap).

36 _{Rodney Lee, Equity and Diversity Education Department, Clark County, Las Vegas,}

NV, Presentation, Effect Size (undated) (on file with authors) (compiling information from HATTIE, supra note 29); see also Hattie Ranking: Influences And Effect Sizes Related To

Student Achievement, VISIBLE LEARNING,http://visible-learning.org/hattie-ranking-

influences-effect-sizes-learning-achievement/ (last visited Jan. 25, 2016).

37_{See, e.g., HATTIE,supra note 29, at loc. 2840(“Smith (1980) found that when labeling}

information on pupil ability is given to teachers, they reliably rate student ability, achievement, and behavior according to the information provided.”).

38 _{JOHN M.BRIDGELAND,JOHN J.DIIULIO,JR.&ROBERT BALFANZ,ON THE FRONT LINES OF}

SCHOOLS:PERSPECTIVES OF TEACHERS AND PRINCIPALS ON THE HIGH SCHOOL DROPOUT

PROBLEM 2 (2009), http://www.civicenterprises.net/MediaLibrary/Docs/ED%20-

109

39 _{Gene Bottoms, Executive Dir. of High Schools That Work, quoted in Kathleen Vail,}

Remaking High Schools, AM.SCH.BOARD J., Nov. 2004, at 15, 17-18,

http://www.wacharterschools.org/news/natlnews/2004-11_ASBJHighSchool.htm.

40 _{See Linda van den Bergh et al., The Implicit Prejudiced Attitudes of Teachers: Relations to}

Teacher Expectations and the Ethnic Achievement Gap, 47 AM.EDUC.RES.J. 497, 518 (2010);

Clark McKown & Rhona S. Weinstein, Teacher Expectations, Classroom Context, and the

Achievement Gap, 46 J. OF SCH.PSYCHOL. 235, 256 (2008) (demonstrating empirically that

teachers with high prejudicial attitudes towards minority students experienced higher gaps in student achievement along racial lines than teachers with lower biases); Harriet R. Tenenbaum & Martin D. Ruck, Are Teachers’ Expectations Different for Racial Minority

than for European American Students? A Meta-Analysis, 99 J. OF EDUC.PSYCHOL. 253, 271

(2007) (observing that teachers have higher expectations for White students than for minority students, and that teacher expectancies may lead to differences in academic performances); see also further discussion infra notes 425-29; CHERYL STAATS,KIRWIN

INST. FOR THE STUDY OF RACE AND ETHNICITY,STATE OF THE SCIENCE:IMPLICIT BIAS REVIEW

30–34 (2013).

41 _{See, e.g., CATHERINE KRAMARCZUK VOULGARIDES &NATALIE ZWERGER,IDENTIFYING THE}

ROOT CAUSES OF DISPROPORTIONALITY 4, 8 (“Teachers may hold [lower] implicit,

preconceived notions about particular racial and ethnic groups of students that they may subconsciously apply to students, “)

https://steinhardt.nyu.edu/scmsAdmin/media/users/ll81/Identifying_the_Root_Cau ses_of_Disproportionality.pdf; see also George, supra note 27, at 102, 105, 110 (“Whether educators admit it or not, they—like everyone else—are vulnerable to harboring bias, and when the opportunity to exercise discretion in decision making arises, it usually plays out against African American students, including African American girls.”).

42 _{JOHN M.BRIDGELAND,JOHN J.DIIULIO,JR.&KAREN BURKE MORISON,THE SILENT}

EPIDEMIC:PERSPECTIVES OF HIGH SCHOOL DROPOUTS 5 (2006) [hereinafter THE SILENT

EPIDEMIC],http://www.gatesfoundation.org/united-

states/Documents/TheSilentEpidemic3-06FINAL.pdf. (“Studies show that the expectations that teachers have for their students has an effect both on student performance and whether they drop out of school.”).

43 _{See further discussion infra at p. 32. Students with disabilities are disproportionately}

students of color especially in discretionary categories and these categories compound.

44 _{THE SILENT EPIDEMIC, supra note 42, at 5. However, it is not clear how much of this}

response is a defense mechanism, covering for work or performance levels not achieved by students.

110

46 _{See further discussion infra p. 36-38. Students of color are disproportionately referred}

to law enforcement or subject to school-related arrest. Students with disabilities are disproportionately referred to law enforcement or subject to school-related arrest and incarceration. See generally JENNI OWEN,JANE WETTACH &KATIE CLAIRE HOFFMAN,

INSTEAD OF SUSPENSION:ALTERNATIVE STRATEGIES FOR EFFECTIVE SCHOOL DISCIPLINE

(2015),

https://law.duke.edu/childedlaw/schooldiscipline/downloads/instead_of_suspensio n.pdf (discussing other options).

47 _{FABELO ET AL., supra note 10, at 17.}

48 _{John M. Wallace, Jr. et al., Racial, Ethnic, and Gender Differences in School Discipline}

among U.S. High School Students: 1991-2005, 47 NEGRO EDUC.REV. 59, 54-55 tbls. 2 & 3

(2008).