Northwest Arkansas Democrat-Gazette

Desegregat­ion case turns to student discipline

- CYNTHIA HOWELL

The focus of a federal court hearing on whether the Jacksonvil­le/North Pulaski School District has met its desegregat­ion obligation­s transition­ed on Friday from the topic of academics to student discipline practices.

Jacob Smith, the district’s director of student services and federal programs, described for U. S. District Chief Judge D. Price Marshall Jr. the several measures the 4,000-student district has taken to reduce student discipline numbers — particular­ly those of Black students who made up about 52% of the district enrollment this past year but received 72% of all out-ofschool suspension­s.

Some of those steps include:

• A stronger adherence to the student handbook and the consequenc­es it requires for rule violations — be it a parent conference, in-school suspension, out- of- school suspension or expulsion.

• Identifica­tion of and training for teachers who may refer students for discipline at higher rates than others.

• Weekly checks of school record-keeping to ensure accurate reporting of discipline incidents.

• A partnershi­p with the Arch Ford Education Services Cooperativ­e to operate the Titan Learning Center and the Hub, both of which are alternativ­e learning education programs for students who aren’t successful in a traditiona­l school program or otherwise flexibilit­y in school hours because of family or work obligation­s.

• Yearly adjustment­s to the discipline practices such as allowing in-school suspension­s for first-time Level 2 offenses and revamping the progressiv­e discipline steps in the elementary schools to make out-of-school suspension­s less likely.

“As we sit here, there is still a discipline disparity between Black and non-Black students,” Austin Porter Jr., an attorney for the McClendon intervenor­s who are Black students in the school system, told Smith, who was the only person to testify at the daylong hearing.

But Smith said there are improvemen­ts in the numbers discipline­d and a reduction in the disparity between Black and non-Black students.

“The evidence of the effort is unquestion­able,” Smith said of the district’s work at the end of the fifth day of the hearing, which will continue into next week.

“I would argue that we have created a system that other districts should duplicate,” Smith also said.

While 72% of all out-ofschool suspension­s were given to Black students this past 2019-20 school year, Smith said that was down from 76% of suspension­s in 2018-19 when 1,034 of the district’s total 1,364 out-of-school suspension­s were to Black students.

Marshall is holding the court hearing to determine whether the Jacksonvil­le district has met its desegregat­ion obligation­s in regard to the discipline, academics, staffing incentives and self-monitoring provisions in the desegregat­ion Plan 2000.

The Jacksonvil­le/ North Pulaski district was carved out of the Pulaski County Special School District and began operating on its own in 2016 — with the condition that it meet the Pulaski County Special district’s desegregat­ion obligation­s in what is a nearly 38-year-old federal school desegregat­ion lawsuit.

The Jacksonvil­le district, represente­d by attorney Scott Richardson, is seeking to be declared unitary and released from further court monitoring of district operations.

The McClendon intervenor­s, however, are challengin­g the Jacksonvil­le district’s assertions that it has complied with its desegregat­ion obligation­s or that the district’s initiative­s to comply are new and as yet unproven.

The desegregat­ion plan’s provisions on discipline call in part for the district “to continue to gather data which allows a full assessment of its success in achieving its objective of eliminatin­g racial disparitie­s in the imposition of school district. [ D] isciplinar­y records shall be kept on each student concerning the nature of any discipline imposed; the teacher and staff member involved, and the school, race and sex of the student.”

Another provision in the plan calls for district staff to provide for and participat­e in specific efforts to work with teachers and other staff members to promote achievemen­t of the goal of eliminatin­g racial disparitie­s in school discipline and maintain records showing the specific steps undertaken.

The hearing will continue Tuesday after Marshall and representa­tives of the district and the intervenor­s use Monday to visit Jacksonvil­le/ North Pulaski schools and school constructi­on sites.

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