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Learning While Black [Kid starts a fight at school. Kid's dad, angry his son got punished, sues.]
http://www.time.com/time/education/article/0,8599,238611,00.html ^ | June 5, 2002 | Jodie Morse

Posted on 06/14/2002 11:58:16 PM PDT by summer


"The 16-year-old high school junior [with his father, above]
from Salida, Calif., is a C student with a filthy mouth who has been known to
saunter into class on his own schedule. And, yes, as Russell readily admits, after a
bout of name-calling with a white classmate last fall, he threw the first punch in a
fistfight that left him battered and his adversary with five stitches over his left eye.

But is Russell actually a victim?…."



Learning While Black

You've heard of racial profiling on the roads and in the skies. But are minority kids also being unfairly singled out for discipline in schools?


BY JODIE MORSE

No one is saying Kenneth Russell is an angel.

The 16-year-old high school junior from Salida, Calif., is a C student with a filthy mouth who has been known to saunter into class on his own schedule. And, yes, as Russell readily admits, after a bout of name-calling with a white classmate last fall, he threw the first punch in a fistfight that left him battered and his adversary with five stitches over his left eye.

But is Russell actually a victim? The N.A.A.C.P. and some of his teachers think so. His father John has filed a civil rights complaint with the U.S. Department of Education, charging that Kenneth was unjustly punished for the fight. Although officials from the local Modesto school district ruled the scuffle "mutual," the white classmate received a three-day suspension while Russell was sent home for a little more than a month and later expelled from his school and assigned to one farther from where he lives. "It's been hard catching up with my work," says Kenneth. "I lost out on a month of my high school life."

For years black parents have quietly seethed about stories like Russell's. Now civil rights groups have given those silent suspicions a recognizable name: racial profiling. They contend that not unlike police who stop people on the basis of race, teachers and school officials discipline black students more often - and more harshly - than whites. The result: black students are more likely to slip behind in their studies and abandon school altogether - if they're not kicked out first. In Modesto, black students are 21/2 times as likely as their white peers to be expelled. This kind of treatment persists not only in the farm country of Modesto but also in urban districts like Minneapolis, Minn. During the 1998-99 school year, only one state (South Carolina) suspended 9% or more of its white students, but 35 states suspended that percentage of blacks, according to The Civil Rights Project at Harvard University. The syndrome has even acquired a catchphrase: "learning while black."

In the past two years, advocacy groups in a dozen cities have taken up the cause, and the N.A.A.C.P. called on every state to submit a plan to redress discipline and other educational inequities by May 10. Last week the group announced that it would file civil rights complaints against the 22 states that missed the deadline. Meanwhile, legislators in Maryland and Rhode Island have set up task forces to study school discipline. In April, under a new state law, Ohio released suspension data broken down by race for each of its school districts. Earlier this month the Rev. Jesse Jackson addressed a conference at the Northwestern University School of Law titled "Dreams Deferred: A Closer Look at School Discipline."

Despite the current concern, the school-discipline gap is actually an old problem, first noted by social scientists a quarter-century ago. But with schools suspending nearly twice as many pupils as they did in the early '70s, the racial disparities have widened sharply. And today the penalties are stiffer. In the post-Columbine era, which has seen administrators reach for one-strike-and-you're-out, or zero-tolerance, policies, many schools no longer grant students a warning and a second chance, turning over even the most routine disciplinary matters to local police. "Schools now call in the police if a student is talking too much or doesn't do his homework," says Pedro Noguera, a professor at the Harvard Graduate School of Education.

There is some evidence that black students are more likely to wind up in the dragnet. A study being released this fall by the Advancement Project, a Washington-based advocacy group, reports that black students, although they made up just 30% of the population of Miami-Dade County public schools in 2000-01, accounted for half the school arrests in that district. Says Judith Browne, senior attorney with the project: "This is no different from what happens on the street, only now it's school administrators abusing authority."



Predictably, talk of racial profiling turns very nasty very quickly. No matter the venue, the debate revolves around the same set of slippery questions: Do differences in data equal racism? Or could it be that blacks actually drive more recklessly or, in the case of schools, behave worse? Perhaps race is just incidental, and gender or class is the overriding factor. "This is not a simple matter, where the numbers speak for themselves," says Samuel Walker, a professor of criminal justice at the University of Nebraska, Omaha. "In the past two years there have been five or six conferences on traffic-stop data, and there's still no consensus."

The school-discipline picture is even cloudier. "In isolated cases, there appears to be a difference in treatment," says Susan Bowers, an enforcement director with the U.S. Department of Education's Office for Civil Rights who investigates claims like the one filed in Modesto. "But often school districts have a justification, and race goes away." Researchers have theorized that anything from lead exposure to passive smoke may drive some students to act out more than others. The National Association of Secondary School Principals has deemed the discipline gap "an issue of socioeconomic status." The interim findings of the Rhode Island task force bolster this view. The group, after considering a student's race and whether he or she qualified for free lunch, concluded that "poverty is the single most pressing factor" associated with the disproportionate suspension of minority students in as many as a third of Rhode Island schools.

But a major study to be released in December in The Urban Review journal squarely shows the opposite. Russell Skiba, an associate professor of educational psychology at Indiana University, charted the discipline patterns of 11,000 middle-school students in a major urban district in Indiana, in which black students were more than twice as likely as their white peers to be sent to the principal's office or suspended - and four times as likely to be expelled. When Skiba factored in the financial status of the students and their families, the discipline gap did not budge. But a second finding smacks more overtly of discrimination: while white students were typically reprimanded for behaviors like smoking and vandalism, black students were more often disciplined for nebulous infractions like excessive noise and disrespect. "It's pretty clear that black students are referred for more subjective behaviors," he says. "You can choose not to use the word racism, but districts need to look seriously at why this is going on."

The more closely districts look, the less transparent the diagnoses. Beginning last year, Texas' Austin Independent School District began requiring principals to track discipline data by race to discern if any specific teachers were using a heavier hand with black students. The answer was yes, but the reasons were far from straightforward. Cornel Jones, principal of Austin's Oak Springs Elementary School, does not blame racism but chalks the problem up to "cultural misunderstandings" between his white teachers and the 97%-minority student body. One insidious source of confusion: When a teacher scolds a black or Latino student for a simple matter like talking out of turn, Jones says, that student typically looks away out of respect. Feeling her authority challenged, the teacher may send the student to the office. "It cycles up into a big monster, and then nothing the child can do is right," says Jones.

But when does misunderstanding slip over the line into prejudice? "There are racial misunderstandings, but there is also racial paranoia," says Beverly Cross, an associate professor at the University of Wisconsin-Milwaukee School of Education. "We see this a lot with black boys who are cute until about the fourth grade, and then teachers start to fear them." Linelle Clark, Austin's dropout-prevention coordinator, sees some evidence of this in her district. She recalls that "one principal noticed a teacher with a pattern of sending the same black kid to the office, and when he called her on it, she said, 'I'm scared of that child.'"

Because racial-profiling claims are difficult to prove in court, civil rights activists urge parents to bypass the legal system and confront school officials directly. In some cities, the N.A.A.C.P. accompanies families to expulsion hearings. Another tactic popular among advocates is to gather a district's discipline statistics - which are collected by the government and can be obtained by filing a Freedom of Information Act request - and prepare self-published reports for local news broadcasts. After enough badgering, some districts have begun to bend their discipline codes. Last fall Chicago public-schools chief Arne Duncan directed principals to stop handing out suspensions for picayune infractions like "gum chewing" and reserve the punishment for violent offenses. The district is working with local activists and civil rights attorneys to launch a program allowing students to be tried by a peer jury for violations such as arguing with a teacher or using profanity.

The conversation in Modesto has thus far been much less conciliatory. Despite repeated calls for reform from a small but vocal black parents' group, the district is not weighing any changes to its discipline code. Administrators will not comment on particular cases, but Jim Pfaff, Modesto's associate superintendent, points out that district policy stipulates a stiffer penalty for a student, like Russell, who inflicts injuries causing "stitches, loss of consciousness or a fracture." Pfaff attributes the high rate of black expulsions to an influx of black families from San Francisco "who do not understand" Modesto's discipline code, which provides few second chances - just consequences. He has little patience for charges of profiling. "Because we expel more males than females, does it mean that we discriminate against men too?" he asks. Even the black community has splintered over the issue, with some parents who want change accusing others of kowtowing to the district. "[She's] dealing with the people we're fighting, running to the white man with everything," sniffs Mack Wilson, education chairman of the local N.A.A.C.P., speaking of a black mother who joined with school officials to form Project Success, a group that tries to defuse small disciplinary matters before they escalate.

Russell is indifferent to the charges flying around him. He has more urgent matters to attend to, like the D and the F on his latest report card and whether they will affect his prospects for studying architecture in college. While parents and administrators continue to bicker, he has found his own remedy for the discipline gap. "You learn which teachers treat different ethnicities differently," he says. "And you learn when you're around them to stay quiet and keep to yourself."


TOPICS: Culture/Society; Extended News; Government; News/Current Events; US: California; US: Florida
KEYWORDS: education; lawsuit; racialprofiling; schooldiscipline
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To: summer
The conversation in Modesto has thus far been much less conciliatory. Despite repeated calls for reform from a small but vocal black parents' group, the district is not weighing any changes to its discipline code. Administrators will not comment on particular cases, but Jim Pfaff, Modesto's associate superintendent, points out that district policy stipulates a stiffer penalty for a student, like Russell, who inflicts injuries causing "stitches, loss of consciousness or a fracture." Pfaff attributes the high rate of black expulsions to an influx of black families from San Francisco "who do not understand" Modesto's discipline code, which provides few second chances - just consequences. He has little patience for charges of profiling. "Because we expel more males than females, does it mean that we discriminate against men too?" he asks. Even the black community has splintered over the issue, with some parents who want change accusing others of kowtowing to the district. "[She's] dealing with the people we're fighting, running to the white man with everything," sniffs Mack Wilson, education chairman of the local N.A.A.C.P., speaking of a black mother who joined with school officials to form Project Success, a group that tries to defuse small disciplinary matters before they escalate.

Nobody seems to have commented on this part of the story. San Francisco (and the Bay Area) is "whitening" as high property values cause people who can't afford them to move out, including many local blacks. They drive east to Congressman Gary Condit's district, a largely white area with an economy that was linked to agriculture for a long time. They're moving from Sin Freaksicko to the town that was the setting for American Graffiti. Small wonder they're having a few adjustment problems.

101 posted on 06/15/2002 11:11:18 AM PDT by TheMole
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To: TheMole
"[She's] dealing with the people we're fighting, running to the white man with everything," sniffs Mack Wilson, education chairman of the local N.A.A.C.P., speaking of a black mother who joined with school officials to form Project Success, a group that tries to defuse small disciplinary matters before they escalate.

Thanks for focusing on that part of the article, as you're right; there is a change underway because of SF property values.

And, kudos to the black mother above, who is trying to work to the benefit of all concerned -- students, parents, and teachers -- by getting these small matters cleared up before bigger matters take over.
102 posted on 06/15/2002 11:19:21 AM PDT by summer
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To: TheMole; LWalk18
In addition, kudos to the black male students mentioned in this article below:

Black Males Make Academic Excellence 'Normal'
103 posted on 06/15/2002 11:21:42 AM PDT by summer
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To: Crowcreek
Thank you for your post #51. Good point you mention about the jewelry.
104 posted on 06/15/2002 11:23:07 AM PDT by summer
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To: Contra
...trying to get something for nothing, instead of working for it. A real good example for the kid.

Yeah, this is something the kid will remember: scream racism in the future, like when, perhaps, if you are committing a burglary in someone's house, and you get a cut while climbing over their fence on the escape -- because maybe you'll win more more in a lawsuit claiming the fence was not maintained than you'll get for stealing whatever was in the house. The fact you are breaking into the house and trespassing on the property shouldn't matter at all, should it? Just like this kid's foul mouth and chronic tardiness, and the fact he gave a classmate five stitches -- all irrelevant....
105 posted on 06/15/2002 11:26:51 AM PDT by summer
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To: neutrino
The fact that the kid is still in school at all speaks volumes...

I agree.
106 posted on 06/15/2002 11:28:07 AM PDT by summer
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To: SaveTheChief
Re your post #60 -- He did not make a big deal of it, other than point out the statistics, and the fact that statistics do not lie. He made it clear that certain students needed to straighten up. It was an interesting assembly, to say the least.

Very interesting post, STC. Thanks.

I learned a similiar lesson when I taught in a different school, with middle school kids who had not done well on the state reading tests. I actually decided to devote a class to explaining to them, on their level of comprehension, the statistics about reading, tests, jail inmates (hs drop outs), etc. I thought this might not work, and they would be bored and fall asleep, but, to my surprise, they were fascinated by this bigger picture, showing them why they were in my class, and why it was in fact important for them to become better readers.

I was stunned when they started asking me questions after I explained where states were in reading scores (now they wanted to know exactly where FL was and was FL improving?) etc. It was a real eye-opener, to know that you can share with students the larger picture, beyond their classroom, and bring all back to their own individual lives -- and, they "get it." They really do. Thanks again for your post.
107 posted on 06/15/2002 11:34:09 AM PDT by summer
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To: maxwell
Re your post #64 - Yes, perhaps -- and, BTW, there is no such group I know of that actually helps teachers in these cases either, for if the teachers union rep and others you deal with in the union also happens to be black, and you're a white teacher, chances are: you can forget it. My impression was the black teachers union rep hoped the black parent would win a ton of money from me in a lawsuit -- as if I had a ton of money making $26,000 per year.
108 posted on 06/15/2002 11:45:42 AM PDT by summer
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To: summer
happens = happen
109 posted on 06/15/2002 11:46:24 AM PDT by summer
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To: Movemout
We used to have an assembly at the beginning of the school year and the Principal would lay out the infractions that would earn you a suspension, or expulsion, and that was that....

I actually did later teach in a school where this is what happened, and, it happened TWICE per year, at the beginning of each semester (because many students were new to the school). The entire school had to attend, and the person who laid out the rules was a male assistant principal who sought to intimiate these kids with the facts -- and, he did a good job. The school could have had a gang problem, but didn't, because he made it crystal clear what symbols constituted gang symbols and would get you thrown out of school, period. It really helped.

Too bad most schools just have teachers distribute to students the written district policy on student conduct, and leave it at that.
110 posted on 06/15/2002 11:50:15 AM PDT by summer
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To: summer
intimiate = intimidate
111 posted on 06/15/2002 11:50:55 AM PDT by summer
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To: kstewskis
LOL... :)
112 posted on 06/15/2002 11:51:53 AM PDT by summer
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To: Conservative til I die
...Nah, couldn't be....

If the NAACP spent half as much time solving the many real issues that exist in the black community, I would really respect them much more. When they spend time on matters like this one, I think they do a huge disservice to everyone, especially to blacks.
113 posted on 06/15/2002 11:54:24 AM PDT by summer
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To: mhking
Thanks for pinging people to this thread, mhking.
114 posted on 06/15/2002 11:55:07 AM PDT by summer
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To: Pablo64
Re your post #89 - I agree, but it's a shame that schools and the participants have to spend so much time on litigation. The Teacher Protection Act, and other laws, prohibiting parents from sueing at all unless there is something like sexual misconduct on the part of the teacher, should be enacted. You would not believe how many students have learned to say to a teacher: "My parents will sue you if you give me a detention."
115 posted on 06/15/2002 11:57:06 AM PDT by summer
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To: summer
No one is saying Kenneth Russell is an angel. The 16-year-old high school junior from Salida, Calif., is a C student with a filthy mouth who has been known to saunter into class on his own schedule. And, yes, as Russell readily admits, after a bout of name-calling with a white classmate last fall, he threw the first punch in a fistfight that left him battered and his adversary with five stitches over his left eye. But is Russell actually a victim? The N.A.A.C.P. and some of his teachers think so. His father John has filed a civil rights complaint with the U.S. Department of Education, charging that Kenneth was unjustly punished for the fight.
What makes the NAACP, Kenneth Russell and so many others think that black youths are exempt from being disciplined for wrong-doing? I hear time and time again that blacks are singled out more often than whites for discipline.

Of all many professors and researchers and civil rights "professionals" and talking heads on television, not a single one has been able to look at America and tell the truth. That the vast majority of those who are being disciplined -- both in school settings, and in the judicial system -- are there because of choices and actions made by the person who is being punished.

Am I missing something here? This article actually was written to justify the actions of this roguish 16-year-old?

Kenneth's father, John, needs to have his head examined. If his father is wrong-headed enough to attempt to sue the school over the disciplining of his rowdy teenager, when it has been shown that his son started the fight - especially in this day of "zero tolerance" within the school environment - you should not be surprised when this teen gets in trouble as an adult, and blames "the man" for his transgressions.

And for a venerable and respected (and supposedly unbiased) newsmagazine like Time to buy into the crybaby defense offered by the NAACP and this boy's father provides further proof of the "liberal bias" of America's media, contrary to those journalists who insist that the profession is unbiased and uninfluenced by one side of the aisle or the other.

If John Russell were truly concerned about his son's future, he would have disciplined the boy himself when confronted with Kenneth's foul mouth. With the kind of language that Kenneth uses at school, John certainly has to know that Kenneth regularly uses profanity. John has to have been made aware of Kenneth's issues with attending class on time. And rather than address Kenneth's casual use of violence in the academic setting, John chooses to focus on how his son is punished.

It seems to me that John is no better than Kenneth in that regard. In John's eyes, it's OK to be violent. It's OK to use profanity in school. It's OK to be a mediocre student that "saunters into class on his own schedule."

As opposed to emphasizing excellence from black youth, this is yet another case where the NAACP would much rather enable substandard performance from students and their parents. I would imagine that the NAACP will be right there, blaming the school and the "system" when Kenneth, due to his sorry performance in high school, is unable to realize his dream of going to college to become an architect. And while the NAACP will reap much in the way of donations on the Kenneth's back, but they won't be there to help Kenneth when he is unable to move forward in life.

"I lost out on a month of my high school life," Kenneth complained when interviewed by Time's Jodie Morse. Well, Kenneth, I'm sorry. I'm sorry that you are a disrespectful, foul-mouthed teenager. I'm sorry that you don't have a modicum of respect for the institution of education. I'm sorry that you have a demonstrated propensity to be violent. I'm sorry that you are not able to shoulder responsibility for your own actions. I'm sorry that you have a father who enables your shortcomings and failures in life. But most of all, I'm sorry that, thanks to your father and the NAACP, you will become yet another sad, sorry statistic in America.

116 posted on 06/15/2002 12:25:25 PM PDT by mhking
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To: summer
I hate it when that happens! I had a funny reply for #31 and while I was preparing it, #31 got rubbed out by the moderator.
117 posted on 06/15/2002 12:42:11 PM PDT by al_possum39
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To: mhking
Thank you so much for your very thoughtful post, above, mhking.

And, speaking of sorry statistics in America, here are two more (one I already posted, but the other one is what makes both pathetic):

Roxbury teacher breaks up fight, gets indicted

Palatka teacher, aide accused of allowing student melee [yet, teacher risks punishment either way]
118 posted on 06/15/2002 12:44:41 PM PDT by summer
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To: summer
metioned = mentioned

I wouldn't sweat minor typos, summer. Longstanding 'Netiquette (dating back well before the Web to the ARPANet days in the '80s) allows for typographic errors or mispellings without criticism -- even for teachers. My Mom is both a teacher and writer and occasionally (but rarely) makes typographical, grammatical or spelling errors in emails, then seeks to correct them, whereupon I must reminder her of this ancient convention. It's endearing but unnecessary.

Of course, there are those who harp on such things either deliberately or through ignorance. In either case, you would be well-justified in ignoring such quibbling and focus on topical posts. After all, if you post an article for discussion and someone has nothing better to do than take potshots at your spelling, they're just yanking your chain, and you should simply hang up on them.

Oh, and THANK YOU for being a teacher. That's right up there with police officer, firefighter and soldier, as far as I'm concerned -- and you have probably found elements of all three of those other noble professions in your list of responsibilities. It takes courage to be a teacher, especially these days, and I respect that. For any other teachers who may be reading this, that goes for you, too: a BIG SALUTE.

Best regards,

Imal

119 posted on 06/15/2002 2:38:16 PM PDT by Imal
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