The Civil Rights Project / Proyecto Derechos Civiles

The first in an ongoing series of national studies by the Center for Civil Rights Remedies at the Civil Right Project.

Foreward by Gary Orfield

Also available at http://civilrightsproject.ucla.edu

Data and data descriptions avaiable in supplementary materials.

The Civil Rights Project has been examining out-of-school suspensions since 1999 due to concerns about the frequency of suspensions, observed racial disparities in their systemic use and the possible negative impact, especially for children of color.  Most important, a robust study of school discipline by the Council of State Governments tracked every middle school student in Texas over 6 years and has helped educators crystalize what the evidence has always suggested: that the frequent use of out-of-school suspensions has no academic benefits, is strongly associated with low achievement, a heightened risk for dropping out and a greater likelihood of juvenile justice involvement.  If suspending a student out-of-school for minor infractions is a counterproductive educational response, logic dictates that it should be reserved as a measure of last resort. Unfortunately, education policy makers and parents are not fully aware of just how many students are at risk for being suspended.For the first time, this report and companion spreadsheet covering nearly 500 districts reveals to the public the unusually high levels of risk for suspension as well as the stark differences in discipline when these risks are presented by race, gender and disability status. The alarming findings suggest not only a hidden crisis for many historically disadvantaged subgroups in too many districts but also a widespread need to reform discipline policy for California’s public schools.

Data released from the Office for Civil Rights (OCR) at the US Department of Education revealed that more than 400,000 students were suspended out-of-school at least one time during the 2009-10 school year in California.  That’s enough students suspended out-of-school to fill every seat in all the professional baseball and football stadiums in the state, with no guarantee of any adult supervision.  OCR collected data from districts on the number of students who were suspended just once during the year and the number suspended more than once. The analysis in this report combined these two mutually exclusive categories in order to report the number of students suspended one or more times as a percentage of their total enrollment. We describe this percentage throughout this report as the “risk” for suspension...

This article and the associated data can also be found at http://civilrightsproject.ucla.edu

In order to better understand the issues of efficacy and fairness in the use of out-of-school suspension, we first must answer two questions: How frequently is suspension being used in our schools? Are there significant differences in the frequency of suspension when we look at subgroups of children by race/ethnicity and gender? This report, published by the Southern Poverty Law Center with research by CRP Senior Law and Education Policy Associate Daniel Losen and Indiana University Professor Russell Skiba, is designed to help answer these questions.

Article can also be found at: http://civilrightsproject.ucla.edu

Many educators in California are unaware of just how harmful out of school suspensions can be. When suspended students are barred from attending school, more often than not, the rule broken was some form of minor misconduct. This update of "Lost Instruction Time in California Schools" demonstrates that despite the important efforts by the state of California to reduce suspensions, those efforts are seriously insufficient.

What we don’t know about school discipline and discipline disparities may be hurting the very students who most need a stable school life. The consequences of a suspension can be grave for any child, but the potential for causing extreme harm to foster and homeless youth is rarely considered by educators who punish these children by removing them from school. The uncertain living circumstances for these children are further destabilized when educators deny them access to school for breaking a school rule. The data on lost instruction due to out-of-school suspensions (OSSs) show that students with precarious living situations—foster and homeless youth of all racial/ ethnic groups—are punished far more than most other groups. This report provides a detailed review of how suspensions directly contribute to disparities in learning opportunities for students in these two groups, and along the lines of race and disability in every California school district.

We hope this report will help to renew attention to the problem of excessive discipline. In keeping with this aim, we compare the projected full-year suspension rate for 2019-2020 to rates from prior years. We provide these projected suspension rates for the overall student population in California, and for every racial/ethnic subgroup at the state and district levels. We encourage education policymakers at the state and district levels to use the projections we provide in this report to distinguish districts that were on the path toward lower suspension rates from those on a path toward an increase or that showed no change.

Among the most critical pre-pandemic inequities that have not received sufficient attention is the fact that many districts are not meeting their legal and moral obligation to educate students with disabilities, which must include providing needed mental health services, behavioral supports and educationally sound interventions by well qualified staff. This report reveals serious pre-existing conditions of inadequate support that are likely to be exacerbated by the current pandemic, summarizes the pandemic’s disparate impact, which is resulting in greater losses of instructional time amidst increasing experiences of trauma, and argues for additional post-pandemic steps to ensure that all students with disabilities needing supports and services must receive a free appropriate public education (FAPE) to have those needs met, and that they are not excluded because of behaviors caused by their disability.

This report examines only the data (students populations and paddling incidents) from schools where corporal punishment is used. The report relies on data from the U.S. Department of Education's Civil Rights Data Collection (CRDC), primarily from the 2013-14 school year. In schools where corporal punishment is practiced, black students and students with disabilities are more likely to be struck than white students and those without disabilities.