Social and Emotional Learning and Equity in School Discipline Social and Emotional Learning and Equity in School Discipline Anne Gregory and Edward Fergus Summary Beginning as early as preschool, race and gender are intertwined with the way US schools mete out discipline. In particular, black students and male students are much more likely than others to be suspended or expelled—punishments that we know can hold them back academically. These disparities, and the damage they can cause, have driven recent reforms, including some that incorporate social and emotional learning (SEL) practices. Anne Gregory and Edward Fergus review federal and state mandates to cut down on punishments that remove students from school, and they show how some districts are embracing SEL in their efforts to do so. Yet even in these districts, large disparities in discipline persist. The authors suggest two reasons current discipline reforms that embrace SEL practices may hold limited promise for reducing discipline disparities. The first is that prevailing “colorblind” notions of SEL don’t consider power, privilege, and cultural difference—thus ignoring how individual beliefs and structural biases can lead educators to react harshly to behaviors that fall outside a white cultural frame of reference. The second is that most SEL models are centered on students, but not on the adults who interact with them. Yet research shows that educators’ own social and emotional competencies strongly influence students’ motivation to learn and the school climate in general. Gregory and Fergus describe how one school district is striving to orient its discipline policies around a conception of SEL that stresses equity and promotes both adults’ and students’ SEL competencies. Although such reforms hold promise, they are still in the early stages, and the authors call for rigorous empirical work to test whether such efforts can substantially reduce or eradicate racial and gender disparities in discipline. www.futureofchildren.org Anne Gregory is an associate professor in the school psychology program at Rutgers University’s Graduate School of Applied and Professional Psychology. Edward Fergus is an assistant professor of educational leadership and policy at New York University’s Steinhardt School of Culture, Education, and Human Development. David Osher of the American Institutes for Research reviewed and critiqued a draft of this article. VOL. 27 / NO. 1 / SPRING 2017 117 Anne Gregory and Edward Fergus Growing evidence shows that (SEL) practices—thus making room suspending or expelling for more developmentally appropriate, students from school for SEL-oriented approaches to behavior. We misconduct can harm their describe in detail the multifaceted efforts academic progress.1 We also of three school districts where proposed know that students’ race and gender play a changes in disciplinary procedures role in how school discipline is meted out. and practices will likely create more Statistical comparisons of students who’ve opportunities for student SEL and for been referred for discipline for similar structures that support SEL among adults reasons (such as fighting) show that black in the schools. students and male students are more likely to receive out-of-school suspension than Yet even if race- and gender-based white students and female students.2 equity discipline reforms fully embrace SEL as most people now understand it, Such disparities are spurring reforms at the promise for substantially narrowing all levels of government. For example, the or eliminating disparities remains federal Every Student Succeeds Act (ESSA), limited. That’s because the prevailing signed into law in 2015, specifies that one understanding of SEL is “colorblind” and way to support learning is to curb the doesn’t take power, privilege, and culture overuse of disciplinary practices that remove into account. Another limiting factor is an students from the classroom. Reforms emphasis only on students’ SEL, despite are happening at the state level as well. the evidence that students’ and teachers’ California schools can’t suspend students social and emotional competencies are in kindergarten through third grade for interrelated.3 We believe that more infractions that don’t threaten others’ safety, promising policy reforms could arise if such as “disruption” and “willful defiance.” we reconceptualized SEL to account for Connecticut has banned suspension of the cultural beliefs, biases, and power young students for any reason, with minor dynamics that privilege developmental exceptions. Some school districts, such as expressions of behavior that are more Denver, CO’s, have revised their student likely to be nurtured among white codes of conduct in response to grassroots middle-class children.4 We speculate organizing by parents and students, who that this approach would make school filed complaints and produced reports environments healthier both socially and documenting disparate suspension patterns. emotionally, while also strengthening And civil rights investigations by the US educators’ own social and emotional Department of Justice have spurred extensive competence and improving their ability to reforms in places like Oakland, CA. foster students’ SEL. In this article, we describe recent federal Racial and Gender Disparities in and state legislative policy reforms School Discipline that aim to reduce schools’ reliance on suspension. We also give examples of local Latino, American Indian, and black efforts to reduce discipline disparities by youth—particularly black males in incorporating social and emotional learning special education—are significantly 118 THE FUTURE OF CHILDREN Social and Emotional Learning and Equity in School Discipline more likely than other students to be referred to school administrators for The discipline gap between discipline problems. They are also more black and white students likely to be punished by out-of-school suspension, expulsion, or a referral to starts as early as preschool. law enforcement—a fact that’s well documented across states, districts, and schools.5 Recent research has found that between male and female students; still, in lesbian, gay, bisexual, and transgender many schools the suspension rate for black students may also be disciplined more female students surpasses the rate for male often.6 students who aren’t black. School discipline, poor achievement, The discipline gap between black and and contact with the juvenile justice white students starts as early as preschool. system are interconnected.7 For example, National data from 2013–14 show that researchers who followed a large cohort although only 19 percent of preschool of Florida youth beginning in ninth grade children are black, they represent 47 found that each suspension the students percent of preschool children who receive experienced decreased the odds of one or more out-of-school suspensions. their graduating from high school by 20 These disproportionalities continue as percent and of enrolling in college by 12 students proceed through elementary, percent.8 A Texas statewide study found middle, and high school. that students suspended or expelled for a discretionary school violation—that Could the disparities we see across racial is, a violation for which suspension or groups be driven by other differences that expulsion wasn’t mandatory, allowing fall along racial lines? The answer is no: administrators to exercise discretion in rigorous research has shown that disparities assigning consequences—were about in income, special education placement, and three times more likely than other academic achievement don’t fully explain young people to have contact with the the high rates at which black students are juvenile justice system in the next school disciplined. For example, when researchers year.9 Over the long term, these facts in the above-mentioned Texas study used imply that groups of students who are statistical analyses to account for 83 possible disproportionately suspended are less differences among students (such as income likely to succeed in life. and achievement), being black rather than white placed a student at a statistically In this article, we focus on race and significant higher risk of being suspended.10 gender disparities between black and white youth because these groups have Other studies have shown that black the most consistent and longstanding students are at risk for receiving harsher discipline gaps. The differences are sanctions when compared to white students striking: black youth are two to three whose misconduct was equally serious.11 times more likely than white youth to be When a black student and a white student suspended. Similar disparities occur who are comparable in many ways are issued VOL. 27 / NO. 1 / SPRING 2017 119 Anne Gregory and Edward Fergus discipline referrals for similar reasons, the 2. State education agencies will black student is more likely to receive an out- receive funds to support activities of-school suspension—thereby losing more and programs on behavioral days of instruction than the white student, interventions. who is more likely to receive detention or 3. State education agencies will in-school suspension. This suggests that the develop plans for supporting school adult assigning the sanctions may harbor districts in reducing their use of implicit or explicit racial bias. Yet attributing exclusionary discipline. racial disparities to bias on the part of the adults who assign sanctions is too simplistic. 4. School districts will develop plans Bias-based beliefs and inappropriate for reducing the use of exclusionary processes and procedures in the school’s discipline. structure also contribute to racial inequality.12 5. School districts will identify schools Evidence that exclusionary discipline is with high rates of discipline harmful—and that students face persistent disaggregated by subgroups. discipline disparities by gender and race—has spurred a wave of reforms. Next we examine Together, these strategies promise to help the range of reforms at the federal, state, and reduce discipline disparities by requiring local levels, and the degree to which these that states identify discipline problems, collect data on them, and support behavioral reforms might increase SEL opportunities in interventions. schools. Federal and State Policies to Though ESSA doesn’t explicitly mention Reduce Suspension discipline disparities, a resource guide from the US Department of Education spells out Federal and state discipline reform the connection between disparate outcomes policies don’t directly call for more SEL and some of the ESSA policy provisions, opportunities for students. Instead, they tend framing racial disparities in discipline as a to focus on reducing the use of suspension civil rights issue.13 The guide states that the in general. The 2015 reauthorization of the disparities documented by the department’s Elementary Secondary Education Act— Office for Civil Rights don’t occur by now called the Every Student Succeeds chance, and that school districts therefore Act (ESSA)—establishes the federal need to know their statutory obligations government’s perspective and approach on to ensure that discipline is administered discipline. ESSA seeks mainly to curtail the without discrimination on the basis of race, overuse of exclusionary practices that remove gender, or national origin. To prevent students from the classroom. The act outlines discrimination, the guide argues, school districts must understand that “fair and five strategies for doing so: equitable discipline policies” are part of a 1. State education agencies will now school environment that helps all students be required to collect data from learn and grow. According to the guide, school districts on different forms of “Equipping school officials with an array of exclusionary discipline. tools to support positive student behavior, 120 THE FUTURE OF CHILDREN Social and Emotional Learning and Equity in School Discipline thereby providing a range of options to resulted in unnecessary expulsion, prevent and address misconduct … will out-of-school suspensions, and referrals both promote safety and avoid the use of to law enforcement agencies … [and discipline policies that are discriminatory or that] state laws must allow school inappropriate.”14 administrators and local boards of education to use their discretion to Together, ESSA and the DOE resource determine the appropriate disciplinary guide make room for schools to consider response to each incident of student SEL approaches to handle student misconduct.17 behavior. Moreover, a directory in the DOE guide offers resources for training Another argument is that exclusionary and interventions focused on SEL. But we practices are inappropriate for children at don’t yet know whether states and districts certain developmental stages, particularly will provide more SEL opportunities for elementary-age children. For example, students in response to federal policy California’s Assembly Bill AB420—which changes that aim to reduce reliance on passed in 2014 and took effect January 1, suspensions 2015—prohibits school districts from using in-school and out-of-school suspension for State Legislation students in kindergarten through third grade for disruption or willful defiance.18 In 2015, States have also passed legislation Connecticut’s General Assembly prohibited recognizing that exclusionary discipline schools from suspending children in second fails to create safer school environments grade and below, except for possession of and should be used sparingly. For example, weapons.19 That same year, Oregon’s State California Assembly Bill 1729, which took Legislature moved in a similar direction, effect in 2013, mandates that suspension limiting the circumstances in which students should not be the first disciplinary in fifth grade and below may be suspended consequence for students. According to the or expelled. Oregon’s law also requires bill, “The overuse of school suspension and school administrators to consider students’ expulsion undermines the public policy of age and behavior patterns before imposing this state and does not result in safer school suspension.20 environments or improved pupil behavior.”15 In 2010, Connecticut lawmakers removed Banning or limiting the suspension of suspension and expulsion as an option at the young children may help states reduce lost preschool level.16 instructional time. It can also interrupt a reinforcing circle of disengagement and In other states, legislators are seeking to punishment for students from groups reframe zero tolerance policies to give that have traditionally been suspended school and district administrators the disproportionately. In preschools and discretion to use less exclusionary practices. elementary schools, removing or limiting For example, a Colorado law argued that: suspension also opens up opportunities for The use of inflexible “zero tolerance” different approaches to handling student policies as a means of addressing behavior. Without the option of sending a disciplinary problems in schools has student home, schools may seek other ways VOL. 27 / NO. 1 / SPRING 2017 121 Anne Gregory and Edward Fergus To illustrate this point, we briefly describe Overall, policymakers and discipline reforms in three US school districts: the Syracuse (NY) City School practitioners are recognizing District, Denver (CO) Public Schools, that exclusionary disciplinary and the Cleveland (OH) Metropolitan School District. Reforms in all three practices don’t improve districts discourage punitive discipline and the quality of children’s emphasize prevention and early detection educational experience. of behavioral difficulties, suggesting that students need opportunities to increase their social and emotional literacy. to deal with misconduct, and educators in Syracuse schools with traditionally high suspension rates could be prompted to turn to SEL Syracuse public schools began their reforms approaches. The laws may compel educators after being investigated by the New York to shift from a punishment mindset to State Attorney General’s office for possible a developmental perspective, which civil rights violations related to using recognizes that fostering students’ social school discipline in a manner that treated and behavioral competencies will help them “similarly situated individuals differently follow school rules. on the basis of race.”21 At the time of the investigation, Syracuse’s suspension Overall—as the framing of state and rates placed it among the top 3 percent federal discipline policy reform shows— of districts in the nation. In the district’s policymakers and practitioners are secondary schools in 2009–10, 38 percent recognizing that exclusionary disciplinary of black students were issued one or more practices don’t improve the quality of suspensions—14 percentage points above children’s educational experience. Policies the national average for black high school that aim to identify more inclusive students.22 disciplinary practices may help usher in SEL as a discipline reform strategy. However, it’s In 2014, after an extended process that still an open question whether such policy involved numerous constituencies, the changes will actually give students new district released a revised student code of opportunities to learn, improve, and practice conduct. Its aim was to ensure “that schools SEL skills. provide equal access to a wide range of supports and interventions that promote School District Discipline Reforms positive behavior, help students develop If federal and state reforms have made self-discipline and social and emotional room for SEL by reducing reliance on efficacy, and enable students to improve suspension, some district-level reforms have and correct inappropriate, unacceptable, gone a step further by embracing an SEL and unskillful behaviors.”23 Whereas typical orientation. In other words, these districts codes of conduct usually focus on a matrix are orienting policies and practices toward of punishments applied to each type of increasing SEL opportunities in schools. infraction, the Syracuse district’s revised 122 THE FUTURE OF CHILDREN Social and Emotional Learning and Equity in School Discipline code limits the use of in-school and out-of- restorative approaches. Reforms there school suspension, stressing that removing came in response to grassroots organizing students from the classroom should be a last by parents and young people in the activist resort. With its SEL orientation, the code group Padres & Jóvenes Unidos, which focuses on supports and interventions that collaborated with the Advancement Project can help students develop self-discipline. At on a 2005 report drawing attention to the the same time, it emphasizes equal access to problem of racial disparities.26 Since then, such supports. the group has worked with the district to support a staged rollout of restorative To help shift the district away from a interventions, beginning with seven pilot punitive approach to behavior, the Syracuse schools. More than 2,500 Denver educators code uses a multi-tiered system of support. have now been trained to lead restorative This framework, characterized by four interventions. conceptual tiers or levels of support, aims to build capacity among all students Unlike traditional school discipline, and to intervene with greater intensity restorative approaches—which the Syracuse when students have more need. At the and Denver districts integrated into their first level, school-wide efforts focus on equity reforms—focus on strengthening teaching, practicing, and recognizing relationships, encouraging collaborative positive behaviors with all students. At the problem-solving, and giving voice to both second level, students with specific needs the person harmed and the person who receive targeted interventions. At levels caused the harm.27 Restorative practices in 3 and 4, students with the greatest needs schools arose out of the restorative justice receive comprehensive interventions.24 movement, wherein victims, offenders, and Opportunities for SEL likely arise other affected people—including families throughout all four levels of support. and community members—meet to resolve conflicts and repair relationships.28 The Syracuse code also emphasizes an alternative approach to student Many schools apply restorative approaches misconduct—restorative interventions.25 to behavior within multi-tiered systems of Such interventions can help students support. At tier 1, for example, all students correct their own behaviors, solve problems, participate in community-building circles: make amends and repair harm, learn new as they sit facing one another, they’re asked behaviors, and restore their good standing. to reflect on a prompt or question and then These benefits of restorative interventions take turns voicing their perspectives. At tier overlap conceptually with social-emotional 2, students affected by a minor disciplinary competencies such as self-management, incident work together in responsive circles relationship skills, and responsible to resolve the problem. At tier 3, everyone decision-making. involved in a serious disciplinary event participates in restorative conferences, in Denver which a facilitator guides the exchange using Like those in Syracuse, Denver’s public a structured set of questions. Ultimately, schools have been working to reduce participants are asked to jointly develop exclusionary discipline and integrate a solution to the problem and repair the VOL. 27 / NO. 1 / SPRING 2017 123 Anne Gregory and Edward Fergus harm caused. Also at this tier, school criminalized or harshly punished instead administrators and others involved in a of offered help or support.31 Cleveland student’s return to school after a long-term revamped its in-school suspension programs absence participate in a re-entry process to as well: now called “planning centers,” they welcome the student back and to identify use de-escalation strategies and social- any supports the student may need. problem-solving techniques to help students practice alternative ways to resolve conflicts Restorative circles and conferences while continuing their academic work. are thought to offer SEL opportunities for students. When participants gather The Cleveland schools also joined seven after a discipline incident, they have an other districts around the nation in the opportunity to reflect on such questions as, multi-year Collaborating Districts Initiative, What happened? What were you thinking led by the Collaborative for Academic, about at the time? Who was affected by Social, and Emotional Learning (CASEL). what you did? How has this affected you CASEL helps members of the initiative and others? What do you think needs to build capacity for systematic changes to happen to make things right? What do enhance students’ social and emotional you think you need to do to make things development.32 For example, Cleveland is right?29 We need more research to confirm training all prekindergarten to fifth-grade it, but we believe that these questions may teachers in an SEL curriculum called foster the type of reflection that enhances Promoting Alternative Thinking Strategies students’ self-awareness, self-management, in which classroom lessons that promote social awareness, relationship skills, and emotional literacy, self-control, social responsible decision-making. competence, positive peer relations, and interpersonal problem-solving skills are Cleveland carried out two or more times a week for a Beginning in 2008–09, the Cleveland minimum of 20 to 30 minutes per lesson. schools adopted a series of reforms to Teachers are also trained to use instructional increase school safety, support students’ strategies throughout the school day that behavioral and academic needs, and reduce reinforce concepts introduced in the formal punitive approaches to behavior.30 The SEL curriculum.33 reforms included supports for students that were oriented toward both prevention and Evidence for District-Level Change intervention. The reforms also established Data show that all three districts discussed support teams to identify students who above have substantially reduced could benefit from early behavioral help, exclusionary discipline. For example, in to discern the underlying reasons for the 2014–15, when Syracuse implemented its students’ behavioral problems, and to reforms, 54 percent fewer black students develop plans accordingly. were suspended than in 2011–12. The The district also aimed to provide equitable number of white students who were access to such supports and interventions, suspended also fell, by 39 percent. From a move that may especially benefit students 2006 to 2013 in Denver, the district’s overall in demographic groups that tend to be suspension rate dropped by half, from 10.58 124 THE FUTURE OF CHILDREN Social and Emotional Learning and Equity in School Discipline percent to 5.63 percent. In Cleveland, was integral to changing how these suspensions dropped by 60 percent over schools approached students’ behavioral three years. Moreover, in Cleveland development. It seems reasonable to schools whose principals reported suppose that such multifaceted reforms medium- or high-level implementation of as multi-tiered systems of support, Promoting Alternative Thinking Strategies, restorative justice, and SEL coursework discipline incidents decreased significantly helped re-orient responses to behavior by in the categories of disobedient/disruptive emphasizing students’ social and emotional behavior, fighting/violence, harassment/ development. intimidation and serious bodily injury.34 Persisting Disparity Despite Reforms Although the Syracuse, Denver, and The good news is that in all Cleveland school districts have reduced three districts, substantially suspension rates, large racial disparities in discipline persist. For example, in Syracuse fewer students were in 2014–15, black students constituted excluded from instruction 50 percent of those enrolled but 69.5 for discipline infractions. percent of those suspended. During the same period, white students constituted The bad news is that black 24 percent of those enrolled but only 14.1 students’ exclusionary percent of those suspended. Denver saw discipline rates remained a slight narrowing of racial suspension gaps: from 2006 to 2013, suspension rates substantially higher than for black students fell by 7.2 percentage those of white students. points—the largest reduction among the district’s racial groups in absolute terms. Still, in 2013 the suspension rate for black Because the three districts implemented students, at 10.42 percent, remained numerous initiatives each school year, almost five times higher than that for white and because simply comparing pre- and students, at 2.28 percent.35 Moreover, a post-reform discipline data only tells us so recent study found that black students in much, we can’t pinpoint which programs Denver were still significantly more likely or policies helped reduce discipline to be suspended than white students, even incidents and suspensions. In fact, we can’t after controlling for various school and even claim that the reforms caused the student characteristics (such as low income reduction—that is, we can’t rule out the status), the reasons students were referred possibility that other factors in the districts to the office for misconduct (for example, were responsible for the reductions. We tardiness versus fighting), and whether also have only limited information on how the students participated in restorative well the reforms were implemented. That conferences or circles. These findings said, we speculate that the SEL orientation suggest that despite the reforms, Denver’s of these comprehensive reforms, as black students continued to receive harsher opposed to a punishment orientation, sanctions for similar misconduct.36 VOL. 27 / NO. 1 / SPRING 2017 125 Anne Gregory and Edward Fergus The good news is that in all three disciplinary practices, and interpersonal districts, substantially fewer students interactions guided by culturally informed were excluded from instruction for adult and student social and emotional discipline infractions. The bad news competencies. is that black students’ exclusionary In the 2015 Handbook of Social and discipline rates remained substantially Emotional Learning, psychologist Joseph higher than those of white students. This Durlak of Loyola University Chicago and suggests that using an SEL orientation to his colleagues present a conceptual SEL guide policy and practice reform is only model of coordinated classroom, school, a first step. It’s likely that the prevailing family, and community strategies that SEL mindset doesn’t sufficiently account are supported through district, state, and for the ecological conditions in schools federal policies. They argue that a positive that affect equity. In the context of school climate and fair and equitable schools, ecology refers to interactions discipline are integral to school-wide SEL. between young people and the factors In the same volume, Patricia Jennings that influence their development—such and Jennifer Frank of Pennsylvania State as the quality of instruction, classroom University draw on categories developed management strategies, messages on the by CASEL—which we discuss in more school walls, and so on. These ecological detail later in this article—to argue that factors may contain bias-based beliefs educators themselves need social and and discriminatory processes that affect emotional competencies. For example, students’ school experiences. To make they write, teachers with high self- more progress toward racial equity in awareness recognize their own emotions discipline, we may need to pay more and can motivate students to learn through attention to such factors, as well as to the joy and enthusiasm. Teachers with high dynamics of power and privilege in the social awareness understand how their lives of students and adults. own emotions and those of their students’ Ecologically and Equity- affect one another. And teachers with Oriented SEL strong relationship-building skills develop mutual understanding with their students, We believe that even discipline reforms consider multiple perspectives during that fully embrace SEL as it’s currently conflicts, and resolve disputes skillfully.37 conceptualized hold limited promise for eliminating disparities, for two Other scholars have also made the case reasons. The first is that “colorblind” that educators’ social and emotional notions of SEL don’t consider power, skills are essential for building positive privilege, and cultural difference. student relationships and preventing The second is that prevailing SEL discipline incidents.38 Whereas typical models are centered on students, but SEL interventions tend to focus on not on the adults who interact with students’ skills, some interventions do them. Student-centered SEL doesn’t aim to strengthen those of educators. For consider the school environment, with example, the RULER program developed all its multifaceted influences—policies, at Yale University helps teachers 126 THE FUTURE OF CHILDREN