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Reporting on Student Suspensions Is the First Step

Question What role should the New York Police Department play in school discipline?
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Nov. 7, 2011, 10:00 a.m.

We have known for years that the New York Police Department handcuffs misbehaving schoolchildren as young as 5. But just how deep and wide the use of punitive tactics against young children has been unclear — until this week.

Alberto Morales Udi Ofer

Figures released last week by the City Department of Education show that city schools suspended 5-year-olds at least 35 times and 6-year-olds at least 107 times in the last year alone. That is 142 students who are not old enough to pick out their own clothes but were deemed a big enough threat that they needed to be suspended. It was the first time the city released these numbers under the Student Safety Act, which was passed last year. The act, which my organization pushed for, will require the Department of Education to report on student suspensions twice a year and the City Police Department to report arrests and summonses by school safety officers four times a year.

I commend the city’s Department of Education for reporting the 2010-11 data in a timely manner — as required by city law. That is more than we can say for the Police Department, which is already three months late in meeting its obligations to report on arrests and summonses by school safety officers.

But the praise for the Department of Education, unfortunately, ends there.

Student suspensions continue to be through the roof under the Bloomberg administration, with black children and children with special needs hardest hit.

In Mayor Michael R. Bloomberg’s first year in control of city schools, the Education Department issued 31,879 suspensions. This past school year, there were 73,441 suspensions, a whopping increase of 130 percent.

Throughout Mr. Bloomberg’s tenure, black children and children with special needs have consistently served about 53 percent and 30 percent of all suspensions, despite representing approximately 32 percent and 14 percent of students.

Moreover, according to the unredacted data released last week, schools with a majority of students from low-income families dish out, on average, one and a half times as many suspensions as other schools.

When most people hear a child was suspended, they assume there was a severe disciplinary problem — that the suspended student is just a “bad kid.”

But a large portion of suspensions are for infractions like insubordination and horseplay, raising concerns that children are being subjected to exclusionary punishments for subjective and minor violations. In Susan Wagner High School on Staten Island, for example, 61 percent of “principal’s suspensions” (five days or less) were for insubordination or horseplay. Similarly, 65 percent of principal’s suspensions in the Academy for Scholarship and Entrepreneurship in the Bronx were for those two infractions.

There is no credible evidence that suspension is an effective method to correct student misbehavior — but we do know that students who are suspended once are more likely to be suspended again and to be involved in the legal system.

In contrast, alternative programs like mediation, counseling, conflict resolution and restorative justice offer real-world examples of dealing with minor infractions in a positive, effective way.

Unfortunately, the Department of Education has shown a general unwillingness to invest in alternative programs in the same way that it invests in punitive disciplinary measures. City schools employ about 1,000 more police personnel than guidance counselors and social workers combined (5,400 police to 3,000 guidance counselors and 1,400 social workers).

Teachers must be able to respond swiftly and effectively to misbehavior in their classrooms. But the Department of Education must also provide teachers with alternative mechanisms to address misbehavior.

Suspensions should be the tactic of last resort — with alternative interventions exhausted first. Sadly, under Mayor Bloomberg, suspensions have become the tactic of first resort in too many situations.

The data released thus far by the Department of Education has shed much-needed light on the situation in schools. But the data still leaves many questions. To show a fuller picture of the impact of city policy on our students, the department should:

Release data to show the total suspensions for each category of information already reported — for instance, by race, sex, and grade. Since these numbers are aggregates from the citywide population, releasing it raises no privacy concerns.

Stop automatically suppressing categories that include fewer than 10 suspensions. This practice, while motivated by an important desire to protect student privacy, is not mandated by federal law. The absurdity of the practice is revealed in the data that the Department of Education already reports to the state: a school that issues one or six suspensions will be reported on the state’s report card as having one or six suspensions, but in the reporting by the Department of Education under city law it is suppressed. The suppression requirement comes from city law, and should be revised.

I am encouraged that we are finally talking about student suspensions. The reason that the New York Civil Liberties Union and other advocates called for passage of the Student Safety Act was to allow for precisely this type of discourse by the public and policymakers. We may have disagreements on the problems and solutions, but at least we can now have a conversation that is based on facts.

Udi Ofer is the advocacy director of the New York Civil Liberties Union. He is also an adjunct professor at New York Law School.

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Starr Sackstein October 12, 2011, 9:10 PM

I think the police should only be involved when "crimes" have been committed. Schools have the chancelor's reg and discipline policies in place to maintain decorum and safety in their own spaces. Inviting the police in for all matters creates a tension and sends a message to students that maybe counterproductive. Earlier in my career I worked in one of the 10 most violent schools, one that ended up on one of the lists. They set us up with armed police officers in the building and I'm certain instead of promoting safety, it subliminally gave students the message they were all criminals. How can we expect inner city kids to rise above the stereotypes if we continue to treat them like they are the stereotypes?

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Brian Ellerbeck October 20, 2011, 5:31 PM

School safety is tremendously important, and police should intervene when a crime occurs in schools, but I do not think that the NYPD should have an ongoing role in managing school safety. I agree with Starr Sackstein that the regular presence of police officers in schools sends a message to students that they are actual or potential perpetrators rather than students. Former NYU Professor of Education John Devine has written about the effects of police in city schools in books like "Maximum Security," which detail how police presence distracts educators and students from focusing on the core mission of educating and learning, and also deters more high-achieving students from attending these schools.

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Edward Mahala November 7, 2011, 8:49 PM

As a public school teacher for 25 years in New York City, I feel my experience gives me some insight into this matter. In order for children to respond to educators they must feel that the adult is a trusted, helping hand to them. When I come across students in the hall who are obviously cutting class, with their cell phones out and running, with their hats on and underwear showing, the first thing I do is ask them "Are you okay?" When the student responds yes, I than ask them "What am I going to ask next?" This usually gets their attention enough that I than ask them to put their cellphone away, take their hat off, pull their pants up, and please go to class. Normally the student begins to get annoyed. I than ask the student "Do you know I'm here to help you?". I try to explain that the adults in school are there to assist students. Many students feel that we are harassing them for asking them to go to class and stop disrupting others from attaining an education. When the same student is doing the exact same thing the next period, I ask them to come to the Dean's office and we try to contact a parent. With our worst students, the parent is either not available, or ineffective at dealing with their child's problems at school. After days and days of this scenario repeating itself, the administration is left with no other option than to suspend the student for excessive cutting, failure to follow school rules, otherwise known as insubordination. Any suggestions?

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Vicki Zunitch November 8, 2011, 4:17 AM

Suspensions and arrests of 5- and 6-year-old kids are the direct result of the city's Dickensian kindergarten practices. The NYCLU should fight for the right of kindergarten students to not be subjected to the child abuse of full-day, desk-based, worksheet-based, homework-heavy class time. Fight for their right to play time, toys in the classroom, rest time and daily active recess whether indoors or out. Sue NYC and NY State for not implementing state mandates, as per the will of the people, for weekly library visit and check-out and gym class daily (in addition to daily recess and at least twice-daily play time). Remember, these are young children, they are not Bloomberg LP employees.

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Edward Mahala November 9, 2011, 1:01 AM

The Mayor has control of the schools, so they are Bloomberg employees....who don't get paid.

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Vicki Zunitch November 8, 2011, 4:21 AM

Also NYCLU - please look into the daily violation of the Chancellor's regulations against group punishment. This is causing student frustration and leading to misbehavior. When my child was in an NYC public kindergarten, she and her classmates lost Monday play time for an entire year because 1 child misbehaved in gym on the first day, proving to 4-year-old and 5-year-old students that since they'll be punished when other kids misbehave, it doesn't really matter what they as individuals do. This same class was later sent back to class and lost their entire gym class for the day because a few children misbehaved -- all with the principal and classroom and even most parents turning a blind eye and pretending it didn't happen.

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David Chiang November 8, 2011, 7:13 AM

My goodness. What has this society come to? This approach has led to a entire generations of people who lack discipline and respect for others. There are no more tools for discipline that may be applied to anyone. This is a huge problem in our society. Punishment and reward need to be combined for effective teaching. If you believe that teaching and discipline can be accomplished with only reward, you believe that teachers can do the impossible. I agree that suspensions may not be the most effective punishment, but from what you have written, perhaps we should punish with money. Give them $50 every time they do something wrong. Yes, you read it right... At this point, we are left with rewarding "bad kids," who we cannot call bad, for behavior that is bad, but we call "misunderstood." Instead of asking why certain demographics are punished more, perhaps you should ponder why certain demographics do things that get them punished. Special needs kids are by definition children with developmental and behavioral problems. Of course they are disciplined more. That is usually the reason why there categorized as "special needs" in the first place.
Now look at another person in the news, and how we complain. She is a perfect example of how a lack of real, aversive punishment results in a learner who does not learn. Lindsay Lohan has been promised all sorts of punishments for dangerous, antisocial behavior and what has happened...not nothing... but worse. Threatened punishments that do not come, or worse yet, punishments that are not unpleasant enough. Basic psychological studies have shown that punishments that are not unpleasant enough only encourage the behavior punished. That's what you see all over the United States. Broken systems of education and justice. Thanks to your misguided efforts.

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James Nng November 8, 2011, 12:24 PM

It is a travesty that a policeman is allowed to
handcuff a young child for breaking school rules.
I think it is an extreme measure, one you will never see
in white school districts. Principals and school administrators
in my opinion either do not care for the young black students
enough to pursue alternatives to discipline or
are just down right prejudice

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Harry Rattien November 8, 2011, 1:29 PM

Maybe if the people who wrote these articles worked in the schools the schools, they would have a better understanding of whatwhat is what actually goes on. (I should write for a medical journal' I I've been sick.)

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Lorraine Brink November 8, 2011, 2:41 PM

It is not guaranteed that the educators will follow the procedures regarding discipline as outlined by the chancellor's regulations. Having a child at Talent Unlimited High School, Manhattan, being unfairly disciplined by Ms. Hamil, Principal and Ms. Victoira Capiello, teacher, I have experienced this first hand. The DOE has outlined a discipline code to be followed by educators as well as students. Amazingly, the administration at TUHS disregards this.

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Edward Mahala November 9, 2011, 1:02 AM

Mayoral control of schools does not work.

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Daniel Lee Horton May 31, 2012, 7:55 PM

Well said. I agree with the writer. I too have numerous stories of police involvement with schools for non-crimes. With over seven family members working throughout the NYC DOE, I have had to listen to them describe in painful details the dismantling of our school system over the last ten years. This mayor has single-handedly destroyed NYC public schools because he wants to create an underclass of citizens that the 1% can further bully and manipulate.

I am having a party, for all my educator friends and family members, when he leaves office - good riddance and may he rest in peace.
Thank God he cannot buy the presidency as he did NYC council members.

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