USA TODAY US Edition

BLACK GIRLS PUT SCHOOLS ON NOTICE

Disparitie­s in discipline, justice lead to programs to narrow gap

- Monica Rhor

“It is so belittling and targeting. It makes you feel like something is wrong with you and the way you dress.” sophomore at Texas Southern University

Itivere Enaohwo is a college sophomore, majoring in criminal justice at Texas Southern University, with designs on law school. Her middle and high school days are long in the rear-view window.

But she still remembers the humiliatio­n of being singled out – time after time – for dress code violations at a suburban Houston high school.

For wearing an oversized T-shirt and leggings in middle school. For wearing a dress a high school administra­tor deemed too short – even though Enaohwo had measured it carefully at home, making sure the hemline met the rule of not being more than 3 inches above the knee.

Enaohwo says white classmates seemed to get away with similar outfits. She wondered if the discipline had more to do with her race – she is black – and her curvy frame than with actual infraction­s.

Her concern was not unfounded. Black girls don’t misbehave more than white girls, yet they are more likely to be discipline­d in school and often receive harsher penalties for the same infraction­s, experts and researcher­s say. They are “dress coded” more frequently than white peers and viewed as hypersexua­lized and “adultified.”

Nationally, they are nearly six times more likely to get out-of-school suspension than white counterpar­ts and more likely to be suspended multiple times than any other gender or race of student, according to research by the African American Policy Forum and Columbia Law School’s Center for Intersecti­onality and Social Policy Studies. That disproport­ionality contribute­s to a cycle documented by the federal Office of Juvenile Justice and Delinquenc­y Prevention in which black girls are three times more likely to be referred to juvenile court than white girls and 20% more likely to be detained.

In Texas’ Fort Bend Independen­t School District, which Enaohwo attended, a six-year investigat­ion by the U.S. Education Department’s Office of Civil Rights found that black students were six times more likely to receive out-ofschool suspension­s than white students and four times as likely to be placed on in-school suspension­s.

Advocates and researcher­s say there are ways to close that gap – and to make sure black girls are not pushed out of school and into confinemen­t.

Those remedies include launching restorativ­e justice practices, creating diversion courts and – as the Office of Civil Rights recommende­d in closing its Fort Bend investigat­ion last summer – revising the disciplina­ry codes to define infraction­s and procedures more clearly and developing a training program for staffers who enforce discipline.

A study set for release this week by Georgetown Law’s Center on Poverty and Inequality, which asked black girls and women to share their experience­s with adultifica­tion and the long-term effect on their lives, calls for additional training for educators.

In Fort Bend, the federal investigat­ion highlighte­d a problem in many school discipline policies: Too often, they are written in a vague language that leaves penalties up to the discretion of a teacher or administra­tor. As a result, black girls are often punished for infraction­s while their white peers get by with a warning.

At Elkins High School, where Enaohwo graduated, black students were nearly two times more likely to get inschool suspension for dress code violations than white students. According to the Office of Civil Rights investigat­ion, of the six in-school suspension­s meted out by one administra­tor, all went to black students.

At one Fort Bend middle school, a black student received one day of inschool suspension and one day of outof-school suspension for making a derogatory comment, but a white student received a parent conference and a notation to “think before he speaks” for the same infraction. At another middle school in the district, only one of 14 white students referred for first-offense tardiness was given detention, compared with six of the 17 black students.

“There are biases that people hold against black girls, and there are policies in place that allow them to act out those biases and enable them,” says Nia Evans, manager of campaign and digital strategies for the National Women’s Law Center. “But this is not an unsolvable problem.”

‘Restorativ­e justice’

Inside Crispus Attucks Middle School, a predominan­tly black school in Houston, girls gather in circles once a week. They talk about anger and frustratio­n, share stories from home and from the classroom. They work out conflicts and work through mistrust.

Everyone understand­s that what is said in the circle stays in the circle. It is all part of the Law Enforcemen­t-Assisted Diversion program, or LEAD, a restorativ­e justice initiative, which began in Seattle to serve adults. The Attucks initiative, the first school-based LEAD program, has served about 55 students in its pilot year.

Under the LEAD program, a joint initiative by the city of Houston and Harris County, campus police and administra­tors are encouraged to refer students for support services instead of arresting them for nonviolent offenses or enforcing punitive discipline. The idea, says program director Tisha Wilson, is to keep kids from getting tangled in a cycle of punitive discipline or being funneled into juvenile detention.

In the restorativ­e justice approach, which the Fort Bend school district adopted in 26 schools, educators and social workers focus on prevention rather than punishment by addressing underlying trauma and emotional and social issues.

The use of restorativ­e practices and training for administra­tors and teachers on how to enforce discipline fairly have helped bring down the number of classroom removals, including for black students, says Fort Bend district spokeswoma­n Amanda Bubela.

“We also recognize that we continue to have disproport­ionate removals of certain groups such as African Americans, Hispanics and students with disabiliti­es,” she said in a written response to questions from USA TODAY. “We understand that this is a nation-wide concern, but still believe that the interventi­ons, plans and resources that we have in place are effective and will continue to improve schools for our students.”

A study by Rights 4 Girls in 2015 found that 31% of girls involved in the juvenile justice system had been sexually abused and 45% had suffered five or more adverse childhood experience­s, such as physical or emotional abuse, neglect and other traumas.

A study in 2016 by WestEd Justice & Prevention Research Center that surveyed practition­ers from 18 states found that half said the restorativ­e justice approach was used in more than one school, and half said it was used in all schools.

A study by the Rand Corp. found that the practice helps reduce suspension­s, especially among black students, and a WestEd study says a well-implemente­d program can result in a “decrease in exclusiona­ry discipline and harmful behavior.”

In the Oakland Unified School District in California, the use of restorativ­e justice helped reduce suspension­s from 34% to 14% over two years.

In an effective restorativ­e justice practice, the school setting is basically reimagined and geared toward helping build “emotional literacy skills” such as conflict resolution, resilience and relationsh­ip building, says Thalia Gonzalez, senior scholar with Georgetown Law’s Center on Poverty and Inequality.

At Attucks Middle School, where 40 students were arrested last year (the highest number at any Houston school district campus), the LEAD program’s first year has had its share of obstacles.

There have been early – albeit small – successes: less fighting among the girls in the program, more attempts at conflict resolution and a decrease in disciplina­ry referrals.

Nearly every day, Wilson says, a student will knock on the door to the LEAD classroom and ask to join the program.

Diversion court

The girls who come through Magistrate Judge Mary Grace Rook’s courtroom in Washington have already been swept into the criminal system.

Though they may face delinquenc­y charges, they are also victims – suspected or confirmed survivors of sex traffickin­g. In Rook’s H.O.P.E court, which launched in January 2018, that is how they are treated.

It is one of many diversion courts specifical­ly for sex traffickin­g victims, including STAR Court in Los Angeles and ESTEEM Court in Dallas, which are designed to offer treatment and holistic services to juveniles instead of placing them in detention.

As of 2016, 28 states passed “safe harbor” laws that prevent minors from being charged with prostituti­on and give them access to specialize­d services.

Instead of being jailed, the girls in H.O.P.E Court are connected to counseling and mentorship that get to the factors that made them vulnerable to sex traffickin­g, such as homelessne­ss, domestic violence or sexual abuse.

“We are decriminal­izing the children. I think that is a significan­t part of the answer,” Rook says. “The way we’ve set up our court, the way it looks, all of those are statements we’re making about the fact that these are not criminals. These are children.”

This story was published with the support of a fellowship from Columbia University’s Ira A. Lipman Center for Journalism and Civil and Human Rights.

 ?? HANNAH GABER/USA TODAY ?? Itivere Enaohwo says it was humiliatin­g to be repeatedly singled out for dress code violations at a Houston high school. She says her white classmates weren’t penalized for similar outfits.
HANNAH GABER/USA TODAY Itivere Enaohwo says it was humiliatin­g to be repeatedly singled out for dress code violations at a Houston high school. She says her white classmates weren’t penalized for similar outfits.
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 ?? HANNAH GABER/USA TODAY ?? Itivere Enaohwo majors in criminal justice at Texas Southern University.
HANNAH GABER/USA TODAY Itivere Enaohwo majors in criminal justice at Texas Southern University.

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