The wide-ranging series of guidelines issued Wednesday in essence tells schools that they must back down or face strong action if they don’t. The American Civil Liberties Union called the recommendations “ground-breaking.”
“A routine school disciplinary infraction should land a student in the principal’s office, not in a police precinct,” Attorney General Eric Holder said.
Holder said the problem often stems from well intentioned “zero-tolerance” policies that too often inject the criminal justice system into the resolution of problems. Zero tolerance policies, a tool that became popular in the 1990s, often spell out uniform and swift punishment for offenses such as truancy, smoking or carrying a weapon. Violators can lose classroom time or become saddled with a criminal record.
Police have become a more common presence in American schools since the shootings at Columbine High School in 1999.
In American schools, black students without disabilities were more than three times as likely as whites to be expelled or suspended, according to government civil rights data collection from 2011-2012. Although black students made up 15 percent of students in the data collection, they made up more than a third of students suspended once, 44 percent of those suspended more than once and more than a third of students expelled.
More than half of students involved in school-related arrests or referred to law enforcement were Hispanic or black, according to the data.
The recommendations encourage schools to ensure that all school personnel are trained in classroom management, conflict resolution and approaches to de-escalate classroom disruptions.
Among the other recommendations:
_Ensure that school personnel understand that they are responsible for administering routine student discipline instead of security or police officers.
_Draw clear distinctions about the responsibilities of school security personnel.
_Provide opportunities for school security officers to develop relationships with students and parents.
The government advises schools to establish procedures on how to distinguish between disciplinary infractions appropriately handled by school officials compared with major threats to school safety. And, it encourages schools to collect and monitor data that security or police officers take to ensure nondiscrimination.
The recommendations are nonbinding.
Already, in March of last year, the Justice Department spearheaded a settlement with the Meridian, Miss., school district to end discriminatory disciplinary practices. The black students in the district were facing harsher punishment than whites for similar misbehavior.
Education Secretary Arne Duncan has acknowledged the challenge is finding the balancing act to keep school safe and orderly. But, he said that, “we need to keep students in class where they can learn.”
Research suggests the racial disparities in how students are disciplined are not explained by more frequent or more serious misbehavior by students of color, according to a letter sent to schools with the recommendations by the departments.
“For example, in our investigations, we have found cases where African-American students were disciplined more harshly and more frequently because of their race than similarly situated white students,” the letter said. “In short, racial discrimination in school discipline is a real problem.”