Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 141-157 next last
To: SaveTheChief
Once again, the Black is the victim, regardless of the facts......Boot the worthless thug out of school, permanently..........Yo!
61 posted on 06/15/2002 9:06:17 AM PDT by WyCoKsRepublican
[ Post Reply | Private Reply | To 60 | View Replies]

To: Movemout
I'd have suspended his butt for sauntering into class on his own schedule. I would have suspended him for cussing. He would have straightened up or reached the maximum number of suspensions leading to expulsion before the fight ever took place if the teachers and administration hadn't bent over backwards to keep him in school.

You raise good points here, but understand this: teachers do not have the power to suspend a student. The rules of suspension, and what student misconduct qualifies as leading to suspension, are rules designed without input from teachers. And, those rules do not usually include the infractions you mentioned, about being late or cussing.

However, such rules should be written by teachers. A teacher in CA, represented by Gloria Allard, recently won a landmark $4 million award from a jury after this teacher sued the school district for maintaining a work environment of sexual harassment, as the school adminiistrators refused to suspend high school students (white and wealthy) who were cussing this teacher, and harassing this teacher in other ways.

The administrators ignored the teacher's complaints (administrators defense: "our hands are tied") because the parents of the students threatened to sue the school if their little darlings were suspended.

So, after two years of this abuse, the teacher sued these administrators -- the first lawsuit of its kind in the nation.

And, she won. $4 million.

I hope other teachers sue, if that's what it takes to get the message across to administrators who turn a deaf ear to what damage this causes to the work environment for a teacher.

BTW, notice the union did not lift a finger to help this teacher represented by Gloria Allard. Not a big surprise to me. The union never actually HELPS teachers.
62 posted on 06/15/2002 9:08:14 AM PDT by summer
[ Post Reply | Private Reply | To 13 | View Replies]

To: Mortin Sult; shezza
The other day some unsupervised kids were playing on a neighbor's porch and broke a planter and a stand with glass shelves, all over the neighbor's front porch... I heard her yelling at these kids to go home, get off her property or she was going to call the police.... some of the parents of these hooligans had the audacity to threaten the woman for yelling at their kids... in their view this woman was completely at fault for yelling at the children. One response: "If you don't like kids, you shouldn't have moved to a family neighborhood." (Followed by mutterings of profanity directed toward the woman.)

While we were fixing the windows, a young woman walked by with a pre-schooler. The kid picked up a rock and threw it at the Church. The foreman told her not to let her child do that, and she told him to mind his own business.

Excuse HER, that IS his business... I woulda told her just where to get off at that point...

Both these stories show parents trying to maintain that other folks should "mind their own business" in the matter of their kids... It becomes your and my business, however, when these kids cross boundaries, in this case, encroachment and destruction of private property. The parents ain't justified in thinking that anything that has to do with their kids is their territory alone. When the little wankers get out and start interacting with other folks unsupervised, somebody's got to take the hit. Looks like the parents were taking out their frustration at their apparent lack of control on the unwilling recipients of their progeny's misbehavior...

63 posted on 06/15/2002 9:14:07 AM PDT by maxwell
[ Post Reply | Private Reply | To 27 | View Replies]

To: summer
Where is the equivalent group of the NAACP to help that kid, to perhaps sue the kid who punched him out and gave him five stitches???

THAT would be racist and insensitive, chick...

64 posted on 06/15/2002 9:15:30 AM PDT by maxwell
[ Post Reply | Private Reply | To 56 | View Replies]

To: summer
I guess things must have changed since I was in school lo many years ago. 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 understand your point about teachers not having the authority to suspend students but they can look the other way or not report the infraction at all. I suspect that this kid got more than one free pass from the teaching staff who didn't want to get involved. Cussing or being late may not be specifically referred in the administrivia governing when a suspension might be ordered but I bet there are references to persistent behavior problems.

Our government run schools are a disgrace to the Nation. It is time to fix the problems or privatize the whole system.

65 posted on 06/15/2002 9:27:26 AM PDT by Movemout
[ Post Reply | Private Reply | To 62 | View Replies]

To: otterpond
Thanks for your post #14. I appreciate you taking the time to share that experience.
66 posted on 06/15/2002 9:32:32 AM PDT by summer
[ Post Reply | Private Reply | To 14 | View Replies]

To: Skooz
Re your post #15 -- I'm white, and I lost count of how many times I was suspended in high school. I guess you [the black poster who never threw a punch] and I blow their hypothesis out of the water, huh?

LOL...thanks, Skooz.
67 posted on 06/15/2002 9:34:13 AM PDT by summer
[ Post Reply | Private Reply | To 15 | View Replies]

To: shezza
BTTT to your entire post #16. Thanks, shezza.
68 posted on 06/15/2002 9:35:53 AM PDT by summer
[ Post Reply | Private Reply | To 16 | View Replies]

To: Cacique
Thanks for bumping this thread, Cacique.
69 posted on 06/15/2002 9:36:29 AM PDT by summer
[ Post Reply | Private Reply | To 17 | View Replies]

To: summer
Oh gag me. Lose the chip you little sh**. You'll fare a lot better in life if you do. And don't start what you can't finish.
70 posted on 06/15/2002 9:41:20 AM PDT by kstewskis
[ Post Reply | Private Reply | To 1 | View Replies]

To: RedWing9
Re your post #18, quoting from my post #1:

(2) If a teacher was around, why didn't the teacher break up this fight, before the student had injuries so severe he had to get stitches?

And, your reply:

I have to take great exception to your question here. It seems obvious you've never seen a bare fist fight, nor been in one. A hard bare fist to the eyebrow area can, and usually will, cause a deep gash. This can take all of .7 seconds to occur. In other words, the teacher would have had no chance even if he/she was in the front of the same room.

I very much appreciate the point you make here, Redwing9. I actually wrote the question just to anticipate the question being asked by a poster.

And, actually, yes, I have seen that kind of fight -- in fact, as a teacher (a first year teacher, no less), and I made the mitake of stopping such a fight -- and, was disciplined by the school administrators for doing so.

The black kid who beat the cr*p out of another kid never was punished in any way whatsoever.

Oh, hbut mom did suddenly find time to come to the school and threaten repeatedly to sue me.

And, the teachers union yawned when I asked for help.

I tell you this not to demean your comment in any way, as you make a very valid point -- it all happens very quickly. But, I saw it happen when it did occur in my classroom.

According to the school, the correct repsonse on my part was not to "touch" the student's shoulder and pull him off of the student he was beating the cr*p out of, but, rather, to use the phone and call administration.

The facts I metioned -- that the school had no principal at that time, and the classroom had no phone, were facts that were deemed irrelevant.

Somehow, I was to wiggle my nose and a principal would magically appear. The teachers union agreed with the school administration -- and, with the black single mom who thought I had a million bucks because I was required to wear a dress and stockings everyday to this low income school, and, therefore, was worthy of a potential law$uit.

True story.
71 posted on 06/15/2002 9:43:32 AM PDT by summer
[ Post Reply | Private Reply | To 18 | View Replies]

To: summer
I meant: Oh, but the black kid's mom,...
72 posted on 06/15/2002 9:44:48 AM PDT by summer
[ Post Reply | Private Reply | To 71 | View Replies]

To: summer
metioned = mentioned
73 posted on 06/15/2002 9:47:09 AM PDT by summer
[ Post Reply | Private Reply | To 71 | View Replies]

To: LWalk18
You know, I'm black, and somehow I managed to go through thirteen years of schooling without a single suspension. This kid could have too if he stayed out of trouble and his parents woke up and dealt with their son's problems.

Sounds to me more like a "content of character" issue than a "color of skin" one. And your kids won't be a problem for the system, either. I pray that they are treated fairly.

The other kid was suspended for defending himself, it appears. But if you don't defend yourself you risk worse injury, not to mention becoming a target in the future.

74 posted on 06/15/2002 9:50:40 AM PDT by JimRed
[ Post Reply | Private Reply | To 7 | View Replies]

To: RedWing9
And, Redwing9, I am grateful for your post because it leads me to a bigger point beyond my own experiences that I meant to mention earlier: What is a teacher to do? Because:

(1) In some school districts, a teacher will be disciplined by a school district for NOT attempting to break up a fight;

(2) In other school districts, a teacher will be disciplined by a school district for ATTEMPTING to break up a fight because now the teacher has "touched" (as I touched a student's shoulder) a student;

(3) In ALL school districts, a teacher risks getting sued by the parent who is litigation-happy, and has time to sue, and can call the NAACP, but can't find five minutes to come to a school conference or talk to the teacher otherwise;

(4) In NO school district does the school administration actually defend the rights of teachers -- as the teacher in CA demonstrates. Whenever it's a parent who threatens to sue a school district verses a teacher, the administration backs: the parent.

Finally, why would anyone in their right mind who understands this siutation ever want to teach in a school again? This is where I often find myself. I'm past the bouts depression I went through for a long time, but, finally accepting the fact that I do NOT want to be in this kind of work environment -- even though I really did enjoy teaching. I am still a certified teacher, but, I think there may be other ways to teach. Thanks again for your post.
PS Now I realize why some experienced teachers subsequently gave me the following advice: Here's what you do when you see a fight at school -- pretend you didn't.
75 posted on 06/15/2002 10:02:36 AM PDT by summer
[ Post Reply | Private Reply | To 73 | View Replies]

To: summer
I guess it's out of the question that the disproportionate punishments meted out to blacks are due to the disproportionate misbehvaior by black students. Nah, couldn't be. Must be evil honkies keepin' da brutha' man down.
76 posted on 06/15/2002 10:03:50 AM PDT by Conservative til I die
[ Post Reply | Private Reply | To 1 | View Replies]

To: rdb3; Khepera; elwoodp; MAKnight; South40; condolinda; mafree; Trueblackman; FRlurker...
Black conservative ping

If you want on (or off) of my black conservative ping list, please let me know via FREEPmail. (And no, you don't have to be black to be on the list!)

77 posted on 06/15/2002 10:07:36 AM PDT by mhking
[ Post Reply | Private Reply | To 1 | View Replies]

To: RedWing9
And, my above post #75 is in addition to the points you and I previously made:

Your very valid point, that fights happen quickly, as do the injuries. (So, are parents of the kid getting beat up supposed to be satisfied with a policy of whenever the principal shows up on the scene, the school acted quickly enough? Their kid may already need five stitches by then.)

And, my previous point, in my reply #1 - A teacher must also assess the potential risk and injury to the teacher, if the teacher wants to spare a kid getting beat up from getting five stitches.

In short, this article raises a lot of issues -- none of which are addressed by any of the parties mentioned in the article.
78 posted on 06/15/2002 10:14:09 AM PDT by summer
[ Post Reply | Private Reply | To 75 | View Replies]

To: RedWing9
Finially:

Roxbury teacher breaks up fight, gets indicted

(No, this article is not about me.)
79 posted on 06/15/2002 10:16:37 AM PDT by summer
[ Post Reply | Private Reply | To 78 | View Replies]

To: RedWing9
I meant: Finally...
80 posted on 06/15/2002 10:17:09 AM PDT by summer
[ Post Reply | Private Reply | To 79 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 141-157 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson