Harold Jordan, senior policy advocate at ACLU-PA, offered comment on the harsh discipline of students of color with disabilities in public schools today before the United States Commission on Civil Rights. Here is his statement.
Harold Jordan of ACLU-PA with Catherine E. Lhamon, chair of the U.S. Commission on Civil Rights, at today’s briefing on school discipline in Washington, D.C.
Thank you for this opportunity to address the Commission on a matter of great importance to students and families in Pennsylvania, the harsh discipline of students of color with disabilities in our public schools.
The American Civil Liberties Union of Pennsylvania has reviewed discipline and law enforcement data, addressed relevant policy issues, and participated in discussions with school communities and education decision-makers. I’ve had the privilege of serving on a committee of Pennsylvania’s Developmental Disabilities Council, a state agency which has provided grants to programs that address the school-to-prison pipeline’s impact on students with disabilities.
Pennsylvania’s patterns of punishment of students of color with disabilities parallels national trends:
Black students with disabilities receive out of school suspensions at the highest rates of any group of students. Some 22 percent of Black students with disabilities were suspended at least once. In fact, the profile of the PA student who is most likely to be suspended is a Black male student with a disability. Black and Latino students with disabilities are more likely to be suspended multiple times than any other group.
Roughly a dozen districts suspend between 40 percent and 75 percent of Black students with disabilities.
Similar patterns of punishment are reflected in contact with law enforcement and arrest.
Overidentification, misidentification and under-identification of students of color remains a significant problem.
Also problematic is the failure of schools to conduct manifestation reviews and to provide appropriate individualized education supports.
The result is the excessive punishment of students of color, especially those who have disabilities.
Parents and guardians have great difficulty exercising their rights under the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and the Rehabilitation Act. It is challenging for them to ensure that their children are treated fairly and receive constructive supports and services.
We ask the commission to:
1) Urge the U.S. Department of Education to implement the “Equity in IDEA” rule (significant disproportionality) fully and on schedule.
2) Urge local education agencies to establish protocols that address interactions between law enforcement and students with disabilities. These should:
Limit contact between police and students with disabilities. No elementary school student should be handed over to law enforcement.
Require any law enforcement working in schools to get extensive training on how to de-escalate conflicts and how to work with youth, and youth with disabilities.
Protect the privacy rights of students with disabilities.
Require training for school staff on how to better work with students of color with disabilities and de-escalate conflicts, instead of turning to law enforcement to force compliance.
3) Urge state and local education agencies to do more rigorous monitoring of the use restraint and seclusion practices, and to make that information available to the public.
By Harold Jordan, Senior Policy Advocate, ACLU of Pennsylvania
Controversy continues to swirl over a series of violent incidents that have occurred in the Woodland Hills School District, just outside Pittsburgh. These incidents involve allegations of violence directed against students by the school’s principal and by school-based law enforcement officials. Students have been injured. In one recent case, one of these law enforcement officials allegedly punched a student in the face and nearly knocked the student’s tooth out. An incident last year led to disciplinary action against the principal, but the principal remains at the school and was even hired as the school’s varsity football coach last month.
These incidents and the responses of administrators and the justice system so far raise fundamental questions about the role of police in our schools. They provide a textbook example of what is wrong with how many districts use police: lack of accountability for the actions of police; inappropriate use of force; failure to respect (and protect) the rights of students; and proposed solutions that may make matters worse.
Woodland Hills’ school-based law enforcement officials are known as “school resource officers” or SROs. These are sworn police officers on loan from a neighboring law enforcement agency as part of a contract between the district and the police department. But who is in control when SROs patrol the hallways? What do the school’s administrators do to protect students from harmful contact with local police? What responsibility does the school administration have when things go wrong between police and students, especially when there is unnecessary physical harm?
Often when controversies arise, police say, Don’t blame us. We’re here because the school asked us to be here. Educators say, We cannot control what police do in our school — that’s a law enforcement matter.
Who is holding districts and police departments accountable? In Woodland Hills, the officer has not been held accountable nor has the Allegheny County District Attorney, Stephen A. Zappala, prosecuted the assault. Last week community members held a protest. “We have some grave concerns about the way justice is carried out, which is why we are standing here today,” said the Rev. Richard Wingfield, pastor of Unity Baptist Church in Braddock, Pennsylvania.
This is a nationwide problem. The degree of collaboration between police and school systems has increased in the past two decades, with more districts placing police in schools on a full-time basis rather than calling them in during genuine emergencies where there is a threat to the well-being of the school community.
The experience of other districts using SROs has been that these officers sometimes engage in searches and interrogations an outside law enforcement officer would not be permitted to conduct without a warrant signed by a judge. Many districts are unsure about when these officers may have access to student records. And districts typically fail to demand that officers not carry or use potentially harmful weapons when dealing with ordinary student conflicts — including the Taser used on a student in a recent incident.
A “solution” being considered by the district is to equip SROs with body cameras. Such a measure would provide no real protections to students but would increase the surveillance of students by police. That would likely lead to more students being criminalized. In the words of one of my ACLU colleagues, “Body cameras present a real threat to students’ privacy and contribute to the creation of an environment in schools of pervasive surveillance…More likely than not, body camera footage is just going to be whipped out left and right for the enforcement of petty rules and disciplinary disturbances.”
Moreover, these arrangements between police and school districts undermine other discipline reform efforts of the district aimed at reducing out-of-school suspensions. Woodland Hills has long had one of the highest suspension rates in the state, especially for black students and black students with disabilities. In recent years, Woodland Hills has undertaken some efforts to reduce suspensions and improve school climate, with the support of AASA — The School Superintendents Association and the Children’s Defense Fund. And like me, district leaders participated in the Obama White House’s “Rethink Discipline” Summit in July of 2015.
But placing police in schools under these arrangements undermines those reform efforts. It has created Woodland Hills’ own version of “whack-a-mole”; police contact increases while the district claims to reform suspension policies.
The Woodland Hills School District has a choice. SRO arrangements are not mandated by law but are based on a contract between local law enforcement and the district. It can refuse to contract with local police, instead committing resources to student support services, or it can place stiff restrictions on police activities and the weapons they are permitted to carry in schools.
In Woodland Hills, the school district and police have become an unholy and unaccountable alliance. The district’s responsibility should be first and foremost to care for the well-being of students.
(Criminal justice news that could use a second look.)
Criminal defense lawyer Larry Krasner is the Democratic nominee for Philadelphia district attorney. Photo from Slate.
Slate: “Progressives believe Larry Krasner can help fix mass incarceration and hold police accountable. That may be too optimistic.”
“If Krasner wins in November as expected, his next challenge will be tougher than the race itself. Many of the city’s cops and prosecutors despise him, which will make it harder for Krasner to live up to his supporters’ exceedingly high expectations. Ultimately, it’s judges who decide whether to set cash bail, even if it isn’t sought by prosecutors. If Krasner’s deep-pocketed backers had spread a bit of their money down ballot, maybe he would have had a little bit more help from the bench.”
ACLU-PA: “Racial Analysis Suggests Philly Police Still Stop Pedestrians Based on Race”
“‘We recognize that the city, under the leadership of Mayor Kenney and Commissioner Ross, has shown improvement, as stops have decreased and legal justification for those stops has increased,’ said Mary Catherine Roper, deputy legal director of the American Civil Liberties Union of Pennsylvania. ‘But improvement is not the goal. The goal is to treat people fairly and to respect people’s constitutional rights. This newest report suggests that some people in Philadelphia are still facing unfair treatment because of their race.’” More from ACLU-PA: “Expert Report Shows Continuing Racial Disparities in Philadelphia Police Department Stops and Frisks”
Star-Tribune: “High court has curbed life-without-parole for juveniles, but state case may open new door”
“Notwithstanding these decisions, the Minnesota Supreme Court filed an opinion last week upholding Ali’s sentences of three consecutive life terms. In an opinion authored by the newly elected Justice Natalie Hudson, the Minnesota court decided that Miller and Montgomery apply only to single sentences of life without parole, refusing to extend the principles articulated in Miller and Montgomery to consecutive sentences that have the same effect.”
Wired: “Zuckerberg-Backed Data Trove Exposes the Injustice of Criminal Justice”
“Measures for Justice launches today with deep data dives on more than 300 county court systems in Washington, Utah, Wisconsin, Pennsylvania, North Carolina, and Florida, with plans to expand to 20 states by 2020. It pulls together the data that has traditionally remained hidden in ancient databases and endless Excel spreadsheets. Even with just six states included, the comprehensiveness of the platform surpasses anything similar that currently exists. Measures for Justice compiles granular data for 32 different metrics that indicate how equitable a given county’s justice system might be. The portal shows, for instance, how many people within a county plead guilty without a lawyer present, how many non-violent misdemeanor offenders the courts sentence to jail time, and how many people are in jail because they failed to pay bail of less than $500. It offers insight into re-conviction rates and never-prosecuted cases. Users can compare counties or filter information based on how certain measures impact people of different races or income levels. And the site organizes all of it into easily digestible data visualizations.”
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