The Critical Role of Schools in Combating Disproportionate Minority Contact (DMC): National Perspective and Local Solutions

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About NDTAC

Neglected-Delinquent TA Center (NDTAC)

Contract between U.S. Department of Education and the American Institutes for Research John McLaughlin

Federal Coordinator, Title I, Part D Neglected, Delinquent, or At Risk Program

NDTAC’s Mission: Develop a uniform evaluation model

Provide technical assistance

Serve as a facilitator between different organizations, agencies, and interest groups

Join our listserv at http://www.neglected-delinquent.org/nd/forms/listserv1.asp

DMC: National PerspectivesDeAngela Milligan

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What is DMC?

Disproportionate Minority Contact refers to “the disproportionate number of juvenile members of minority groups who come into contact with the juvenile justice system”

Disproportionate Minority Contact Technical Assistance Manual Fourth Edition, July 2009. U.S. Office of Juvenile Justice and Delinquency Prevention.

Contact Points

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Title I, Part D funds can be used to serve children and youth who are “most at-risk” of failing (Title I, Part D Statute, Subpart 1, Section 1415(2)(B)(i)) and who have “the greatest need” (Title I, Part D Nonregulatory Guidance, Subpart 1, Section H-1)

Minority youth are typically the most at-risk of failing academically and for involvement with the juvenile justice system

Black students are disproportionality represented in the Title I, Part D program in both Subpart 1 (44%) and Subpart 2 (35%), while White students represent 34% of the Subpart 1enrollment and 35% of the Subpart 2 enrollment

DMC and Title I, Part D

For more information about Title I, Part D, see http://www.neglected-delinquent.org/nd/aboutus/background.asp.

6Relationship Between Schools and DMC Poor academic outcomes, and other factors that contribute to

those outcomes (e.g., learning disabilities) can lead to minority youth involvement with the justice system

Punitive and inequitable school disciplinary practices can push youth of color out of school and into the justice system

To learn more…about the relationship between education and delinquency read the Center for Juvenile Justice Reform’s “Addressing the Unmet Educational Needs of Children and Youth in the Juvenile Justice and Child Welfare Systems”. Available at http://cjjr.georgetown.edu/pdfs/ed/edpaper.pdf.

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Contributing Factors

Aud, S., Fox, M., and KewalRamani, A. (2010). Status and Trends in the Education of Racial and Ethnic Groups (NCES 2010-015). U.S. Department of Education, National Center for Education Statistics. Washington, DC: U.S. Government Printing Office.

Leone, P., & Weinberg, L. (2010). Addressing the unmet educational needs of children and youth in the juvenile justice and child welfare systems . Center for Juvenile Justice Reform, Georgetown University.

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Academic Outcomes

Reading Achievement Percentage

Math Achievement Percentage

4th Grade 8th Grade 12th Grade

4th Grade 8th Grade 12th Grade

White 43 40 43 51 44 29

Black 14 13 16 16 12 6

Hispanic 17 15 20 22 17 8

Asian/Pacific Islander

46 41 36 60 54 36

American Indian/Alaska Native

18 18 26* 21 18 6*

Data Sources: 1) U.S. Department of Education, National Center for Education Statistics, National Assessment of Educational Progress (NAEP), 2005 and 2007 Reading Assessment, NAEP Data Explorer. 2) U.S. Department of Education, National Center for Education Statistics, National Assessment of Educational Progress (NAEP), 2005 and 2009 Mathematics Assessment, NAEP Data Explorer.

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School Disciplinary Practices

Public School Enrollment Suspension Rate Expulsion Rate

White 55.8% 15.6% 1.0%

Black 17% 42.8% 12.8%

Hispanic 21.2% 21.9% 3.0%

Asian/Native Hawaiian/Pacific Islander

4.8% (Asian/Pacific Islander)

10.8%* (Asian only)

__

American Indian/Alaska Native

1.2% 14.2%* __

* Interpret with cautionData Source: Public School Enrollment, and Suspension and Expulsion Rate are from: Aud, S., Fox, M., and KewalRamani, A.

(2010). Status and Trends in the Education of Racial and Ethnic Groups (NCES 2010-015). U.S. Department of Education, National Center for Education Statistics. Washington, DC: U.S. Government Printing Office

10Phase One of the DMC Reduction:

Identification

1. Determine the extent to which DMC occurs in your State/district/school

Sample data to collect: Total youth population in State/district by race/ethnicity Total percentage of the youth in State’s/district’s juvenile

justice system by race/ethnicity

For the purposes of this presentation NDTAC has revised the DMC reduction steps and some of the strategies provided in the OJJDP DMC TA Manual to make them applicable to schools. Also see Milligan, D. (2007). Disproportionality in the Juvenile Justice System. The National Evaluation and Technical Assistance Center for the Education of Children and Youth Who Are Neglected, Delinquent, or At-Risk. Available at http://www.neglected-delinquent.org/nd/events/2007sep/presentations/poster/juvenile_justice.pdf.

11Phase Two of the DMC Reduction:

Assessment/Diagnosis

2. Assess the possible explanations and factors that contribute to the issue

Sample data to collect: Total school enrollment in State/district by race/ethnicity Student achievement scores by race/ethnicity Rate of offense, referral to the principals office,

detention, suspension (in school and out of school), expulsion, referral to police, and arrest rate by race/ethnicity

12Phase Three of the DMC Reduction:

Interventions/Strategies

3. Devise a plan and implement interventions strategies

Sample data to collect: Research what reduction initiatives currently being

done in your State or district Promising and evidence-based reduction strategies Assess community/school readiness (e.g., funds) to

carryout the reduction initiative

13Phase Four of the DMC Reduction:

Monitoring/Evaluation

4. Monitor intervention strategies and assess performance (formative and summative)

Sample data to collect: Measurement/evaluation data (e.g., rate of DMC reduction) If DMC has not been reduced or if it has been reduced collect

additional data to find out why

14DMC Reduction Strategies for Schools: Types of Strategies

Direct Services - address the requirements of youth;

Training and Technical Assistance - focus primarily on the needs of teachers and school personnel; and

System Change - involves altering aspects of the educational system that may contribute to DMC.

15Direct Services: Prevention and Early Intervention

Family therapy

Parent training and support

Cognitive behavioral treatment

Mentoring

Academic skills enhancement

Afterschool recreation

Vocational/job training

Wraparound services

Character development

School-based gang reduction initiatives

16Direct Services: Diversion and Alternatives to Secure Confinement Community service (can be in school)

Informal peer panels/hearings

Family group conferences

Victim-offender mediation

Mentoring (peer and adult)

Restitution

In school detention and suspension

Intensive in-school supervision

Alternative dispute/conflict resolution

Counseling/therapy for students and parents

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Direct Services: Advocacy

Educational advocates

Community advocates

Peer advocates and school social groups

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Training and TA

Cultural competency training for school staff

Classroom behavior management training

Culturally appropriate services and supports

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System Change

Structured and data driven decision making

Less punitive and more equitable practices

Youth/family informed and focused policies and practices

Cross departmental/agency collaboration and partnerships

Financial incentives

Top-down, bottom-up commitment

20Federal Reform Opportunities:Current House and Senate Bills

Bills supporting a particular approach to improving school

discipline:

Bills proposing implementation of best

practices in school discipline to address particular issues:

• S.3733: Achievement through Prevention Act (Bennet, CO)

• H.R. 2597: Positive Behavior for Safe & Effective Schools Act (Hare, IL)

• H.R. 4223: Academic, Social, and Emotional Learning Act (Kildee, MI)

• H.R. 4286: Restorative Justice in Schools Act (Cohen, TN)

• H.R. 5628: Ending Corporal Punishment in Schools Act (McCarthy, NY)

• H.R. 4247: Keeping All Students Safe Act (Miller, CA)

• S. 2860: Preventing Harmful Restraint and Seclusion in Schools (Dodd, CT)

Cregor, M. (September 2010). Legislative Reform At the Federal and State Levels. Presented at the Civil Rights And School Discipline:Addressing Disparities To Ensure Equal Educational Opportunity Conference. For more information about the above bills visit http://www.opencongress.org/bill/all

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Sample Reduction Initiatives

Tallulah Prison-to-School Conversion Campaign MS Coalition for the Prevention of Schoolhouse 2 Jailhouse Denver Public Schools Promoting Academics and Character Education (P.A.C.E)

Program Harlem Children’s Zone Promise Academy Charter Schools Providing Support for State-Level Advocates to Challenge the School-to-Prison

Pipeline Dignity in Schools Campaign (DSC) Orange County, CA Early Intervention Program New York City Department of Education’s Impact Schools Policy Municipal Juvenile Diversion Program in Denver's Municipal Juvenile Court Challenging Discipline Policies and Practices in Florida Public Schools Tulsa County DMC Reduction Initiative Memphis City Schools School House Adjustment Program Enterprise

(S.H.A.P.E.)

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G.R.A.S.S.Y

Department of School Safety, Security, and Emergency Management

The Memphis City Schools School House Adjustment Program Enterprise (S.H.A.P.E.)

John HallProject Coordinatorhallj@mcsk12.net

901-416-6259

School House Adjustment Program Enterprise (S.H.A.P.E.)

• Aims to reduce the number of students sent to Juvenile Court for minor infractions of the law

• Engages ten governmental agencies and of 21 schools in the implementation of this program for the 2010-2011 school year

• Funded through two grants:

• Tennessee Commission on Children and Youth (State Advisory Group)

• Office of Juvenile Justice and Delinquency Prevention (OJJDP)

Charges:•Assault (simple)•Disorderly Conduct•Criminal Trespassing•GamblingNote: When the program was created in 2007-2008, these charges accounted for 65% of the first three charges.

Other Requirements:• No previous contact with Juvenile Court within the past 12 months; no

felonies; or charges resulting in seriously bodily harm.• Must be under the age of 18• No gang related incident• Must have occurred at one of the 21 schools

Student Eligibility

• Serves as an alternative for juvenile offenders who committed minor offenses and to reduce the number of transports to Juvenile Court

• Provides immediate feedback to the student regarding his/her behaviors

• Enables students to develop an understanding of how their actions affect the victim and community

• Provides immediate outcomes to the student, victim, school and community

• Negates student acquiring a formal record in juvenile court

What is the purpose of the S.H.A.P.E. program?

How does S.H.A.P.E. function?

S.H.A.P.E. Curriculum: Restorative Justice

What does justice require of the offender?

•Holds the offender accountable for their actions, addresses harms committed to the other party, and encourages empathy toward the victim

•Focuses on communication, values, personal feelings, reasoning, responsibility, how other people and the community are affected by the offenders actions

What works in the S.H.A.P.E.

•Reduced number of youths transported to Juvenile Court from Memphis City Schools

•Improved cooperation/communication between the major participating agencies

•Reduced incidents of fighting in schools

•Reduced the number of youths involved in the court system in the future

SHAPE Program Schools8/01/06

thru6/01/07

8/01/07thru

5/11/08

% Change

8/01/08thru

5/11/09

% Change

High School A 48 21 -56.3% 18 -14.3%

High School B 50 74 +48% 24 -67.6%

High School C 105 168 +60% 95 -43.5%

High School D 88 62 -29.6% 58 -9.4%

High School E 70 76 +8% 50 -34.3%

High School F 37 37 0% 23 -37.9%

High School G 19 16 -15.8% 6 -62.5%

High School H 33 66 +100% 52 -21.2%

High School I 66 40 -39.4% 36 -10.0%

High School J 46 82 +78% 58 -29.3%

High School K 103 63 -38.9% 40 -36.5%

High School L 55 37 -32.8% 45 +17.8%

High School M 91 61 -33% 57 -6.6%

High School N 17 30 +76% 5 -83.3%

High School O 65 38 -41.6% 28 -26.3%

High School P 16 14 -12.5% 22 +36.4%

High School Q 42 83 +97% 67 -19.3%

Middle School A 15 20 +33% 14 -30%

Totals 966 988 +2% 698 -29.4%

S.H.A.P.E. School Transport Data

S.H.A.P.E. Improvements:

•Better communication with School Resource Officers

•Better communication with school personnel and referrals to the program

•Increased collaboration with community leaders

•Additional training with S.H.A.P.E. staff

•Improved graduation rates