11Objectives Setting the framework for restorative justice Missions of SchoolHistory of school disciplineSocial justice issues related to excluding students from schoolConsequencesTheoretical FrameworkReview how Sanger & Central Unified StartedIdentify where we wereTalk about the processProvide usable forms to get startedBe honest about where we are
12Mission of Schools-Example The primary mission of any school system is to educate students. To achieve this goal, the school district must maintain a culture and environment where all students feel safe, nurtured, and valued and where order and civility are expected standards of behavior. Schools cannot allow unacceptable behavior to interfere with the school district’s primary mission (American Academy of Pediatrics, 2013).
13Quick Check #2Write down what you think is the primary mission of your school or district regarding discipline.Discuss this with others at your table.Be prepared to share out.
16So what is discipline? Why does this matter? Out-of-school suspension and expulsion are the most severe consequences that a school district can impose for unacceptable behavior. Traditionally, these consequences have been reserved for offenses deemed especially severe or dangerous and/or for recalcitrant offenders. However, the implications and consequences of out-of-school suspension and expulsion and “zero-tolerance” are of such severity that their application and appropriateness for a developing child require periodic review (American Academy of Pediatrics, 2013).
17Educational History of Discipline The Gun-Free Schools Act of 1994 (Pub L No , x 14601) popularized the concept of zero tolerance in the theory and practice of behavior control and discipline in schools and, in many cases, profoundly altered the entire discussion of these topics. Solidified by Columbine 1999.
18So what is your district policy on discipline? Answer the following questions about policies at your school or district…… and why they are the way they are.Student brings a gun to schoolSells drugsHas less than an ounce of marijuanaStole the teachers iPhoneGot in a fist fightThreatens to stab someone
19Educational Policy Outcomes According to the Education Commission of the States (2002), 64% of the states have passed legislation since 1993 that mandate student placement in alternative education schools or programs for various behavioral infractions “zero tolerance”.As a result, there are currently 10,000 alternative education schools and programs in operation across the United States, serving over 600,000 students who have been removed from comprehensive campuses.
20Social Justice Outcomes Harvard Civil Rights project reported that over 3.1 million students were suspended from school and over 87,000 students were expelled under the pressure of policies that replaced professional judgment with mandated recommendations for suspensions or expulsions for major and minor behavioral infractions.
21Social Justice Outcomes Continued… As with many educational policies the intended outcome is justice for all. Justice should be blind, however, like many educational issues, justice appears to be blind only to certain populations (Christle, Nelson, & Jolivette, 2004; Mendez & Knoff, 2003; SRA and Associates, 2000; Townsend, 2000).
22Social Justice Outcomes Continued… African American students make up 17% of the school population, however, they account for over 32% of the suspensions. Comparatively speaking, White students make up 63% of the school population, however, they account for only 50% of suspensions.
23Social Justice Outcomes Continued… Verdugo (2002) examined if minority students simply act out more, which lead to a higher percentage of suspensions and expulsions. He found that minority students were suspended or sanctioned more often under ambiguous rather than concrete violations. Minority students were suspended and expelled for violations that required an authoritative interpretation, such as class disruptions, or being a danger on campus. White students, however, were more often suspended or expelled for concrete violations, such as bringing drugs to school or possessing weapons.For California this was the k violation.
26Stand Alone 48900 k Violations State of California 2012-1013: Data Trends Defiance Suspensions (In School)Defiance Suspensions (Out School)Other Suspensions (In School)Other Suspensions (Out School)Total SuspensionsDefiance ExpulsionsOther ExpulsionsTotal ExpulsionsHispanic Or Latino Of Any Race54,88585,29618,591164,022322,7942174,6234,840American Indian Or Alaska Native, Not Hispanic1,3722,3165774,1348,39924123147Asian, Not Hispanic1,5122,7127486,77411,7466186192Pacific Islander, Not Hispanic6278992322,1003,85834851Filipino, Not Hispanic6991,0643662,6734,80265African American, Not Hispanic18,04230,9036,34461,785117,074601,0951,155White, Not Hispanic21,28731,2218,27562,355123,1381671,6901,857Two Or More Races, Not Hispanic2,0423,8319117,84814,6329185194None Reported4887582161,8713,3335463
27Observed vs. Expected Total Suspensions expected suspensions DifferenceHispanic Or Latino Of Any Race322794American Indian Or Alaska Native, Not Hispanic8399Asian, Not Hispanic11746Pacific Islander, Not Hispanic3858Filipino, Not Hispanic4802African American, Not Hispanic117074White, Not Hispanic123138Two Or More Races, Not Hispanic14632
28Background Research on Discipline From Skiba and Peterson study (2002). Many of the students interviewed cited suspensions or being pushed out of school as a bridge to other trouble outside of school. One student noted “When they suspend you, you get in more trouble, cause you’re out in the street…and that’s what happened to me once"
29Discipline Research Findings Ultimately, being suspended, being poor, and being a minority has developed into a triple threat of dropping out of school. For many of these students, graduating high school may be the first step to breaking a vicious cycle of poverty and criminal behavior, however, their ability to accomplish this may be taken out of their control by bias and racially motivated policies.
30Discipline Research Findings Continued… Students who experience out-of-school suspension and expulsion are as much as 10 times more likely to drop out of high school than are those who do not get suspended or expelled.
31Discipline Research Findings Continued… If the student’s parent(s) work, there may be no one at home during the day to supervise the student’s activity, making it more likely that the student (1) will not pursue a home-based education program; (2) will engage in more in-appropriate behavior; and (3) will associate with other individuals who will further increase the aforementioned risks
32Your District Data: How is your district doing? In your folder you have been provided with the k violations for the school year as reported by CDE.Review your numbers and share them with your table.What does your distribution look like?Be prepared to share out.
43So what is Restorative Justice? Old School Way/Spare the Rod….Restorative justice is a theory of justice that emphasizes repairing the harm caused or revealed by inappropriate behavior. It is best accomplished through cooperative processes that include all stakeholders.Justice requires that we work to restore those who have been injured. EmpathyThose most directly involved and affected by crime should have the opportunity to participate fully in the response if they wish.
44Restorative Justice continued… For the growing number of districts using restorative justice, the programs have helped strengthen campus communities, prevent bullying and reduce student conflicts.Early adopting districts have seen drastic reductions in suspension and expulsion rates, and students say they are happier and feel safer.
45Resiliency as a Theoretical Framework for Discipline and Restorative Justice The idea of resiliency focuses on an individual’s ability to overcome obstacles and develop into a healthy productive adult. This line of research was first highlighted by Werner and Smith (1992).Protective factors are defined as positive relationships or connections to a healthy adults, a positive connection to school, a positive connection to home, or a positive connection to the community (Bernard, 2000). Empirical studies also support the idea that a student’s resiliency is powerful enough to help him/her avoid and overcome negative behavioral choices (e.g., drug use) and powerful enough to lead to higher educational outcomes.
46Linking Resiliency and Protective Factors to Restorative Justice and PBIS Perfect fit for schools utilizing PBISPolicies based upon the protective factors ofMeaningful participationHigh expectationsCaring adults
47The Shift…From…To…..Efforts to suppress misbehavior based on the view that misbehavior is evidence of failing students or classrooms.Authority driven disciplinary actions that focus only on the identified misbehaving students.Punishment and exclusion is used to control misbehavior and motivate positive behavior changes.Recognizing and using the inherent value of misbehavior as an opportunity for social and emotional learningRestorative circles that bring together everyone who is most immediately affected by the incident.Dialogue leading to understanding and action to set things right and repair and restore
48The Shift Continued…..Restorative justice emphasizes values of empathy, respect, honesty, acceptance, responsibility, and accountability.Restorative justice also:Provides ways to effectively address behavior and other complex school issues.Offers a supportive environment that can improve learning.Improves safety by preventing future harm.Offers alternatives to suspension and expulsion.
49PBIS Tier 1 PBIS Tier 1 PBIS Teir 3 TIER 1 (BRONZE) Teach & encourage positive School Wide expectationsProactive School Wide discipline (SWIS)- Monthly TIPS AgendaMonthlyEffective instruction * Rachel’s Challenge *Restorative JusticeParent and Community engagement * Active SupervisionBully Prevention * Character EducationBenchmark Of Quality (BoQ) 80 or higher * PBIS Tier 1 Walkthrough elements in place (score 30-37)
50Restorative Justice Pyramid/PBIS Tier 1 Intensive InterventionManaging DifficultiesSchool Wide ActivitiesRelational PracticesCirclesRoutinesRespect AgreementsQuestioning StrategiesAlameda County Health Care Agency: School Health Services Coalition
51School-Wide Restorative Justice Relational Practices: working to understandhow individuals in the classroom or schoolcommunity relate to one another.Circles: coming together to facilitate studentand teacher connectivity.Routines/Respect Agreements: creating classroom values, such asClassroom Constitutions, adhering to them,discussing them, questioning them.Questioning Techniques: Ways to address students that helps them process through mistakes in a positive way.
54Teaching Restorative Practices with Classroom Circles Resources CirclesTeaching Restorative Practices with Classroom Circles
55General Questioning Strategies For all levels When challenging behavior:To help those affected:What happened?What were you thinking of at the time?What have you thought about since?Who has been affected by what you have done?In what way have they been affected?What do you think you need to do to make things right?What did you think when you realized what had happened?What impact has this incident had on you and others?What has been the hardest thing for you?What do you think needs to happen to make things right?
58Managing Difficulties Disruptions and fledgling conflicts should not require intensive intervention, yet without response, they can develop into top-tier crises.A restorative approach represents a shift in thinking for the school community: behavior issues provide youth with teachable moments.
59Managing Difficulties Problem-Solving Circles: making space in the classroom to resolve conflict and solve problems.Restorative Conversation: having informal conversations using restorative dialogue to repair or prevent harm.Hallway Conferences: using quick conversations to understand how people were affected and take steps to prevent harm.Restorative Conference: meeting formally to prevent harm, enable people to resolve differences, and build social-emotional capacity through empathy.Peer Mediation: using a peer mediator to help resolve conflict before it becomes harmful.
62RestitutionStudent makes amends for the result of his/her inappropriate behaviorFix, repair or clean up ‘problem’ situationApproval/agreement from the person(s) that were offended is obtained that the restitution will sufficeCertification of completion from the person(s) that were offended is obtainedAnalysis of Common Assumptions andPractices for Managing AntisocialStudents• Assumptions:1. Teachers need to be in control2. Teachers need to establish authority3. Children must not get away with behavior;otherwise what will other children think?4. Students need to be settled down when theybecome agitated.
63New and Improved: Detentions, Saturday School Incorporate a social skills componentBehavioral lessons embedded- Detention more meaningfulSaturday SchoolParent training componentEarly-release days may be another optionHands off academyPBIS academies based on behaviorAnalysis of Common Assumptions andPractices for Managing AntisocialStudents• Assumptions:1. Teachers need to be in control2. Teachers need to establish authority3. Children must not get away with behavior;otherwise what will other children think?4. Students need to be settled down when theybecome agitated.
64Reflective Activities Student:Reflects on what happenedDetermines what could be done differently next timeDevelops a planTeacher follows up with student at regular intervalsCan be combined with other alternativesPBIS worksheetsPBIS homework assignmentsAnalysis of Common Assumptions andPractices for Managing AntisocialStudents• Assumptions:1. Teachers need to be in control2. Teachers need to establish authority3. Children must not get away with behavior;otherwise what will other children think?4. Students need to be settled down when theybecome agitated.
65Trained peers hear and review both sides of the situation Peer MediationTrained peers hear and review both sides of the situationPeers decide the outcomesBoth parties must agree to abide by the outcomesKids come up with very creative ideas!Analysis of Common Assumptions andPractices for Managing AntisocialStudents• Assumptions:1. Teachers need to be in control2. Teachers need to establish authority3. Children must not get away with behavior;otherwise what will other children think?4. Students need to be settled down when theybecome agitated.
66Analysis of Common Assumptions and Practices for Managing AntisocialStudents• Assumptions:1. Teachers need to be in control2. Teachers need to establish authority3. Children must not get away with behavior;otherwise what will other children think?4. Students need to be settled down when theybecome agitated.
67Cool-Off PassesIdeal for students who have difficulty managing frustrationStudent receives “X” number of passes for the weekPass allows student to go a pre-determined area to cool down and reflectIf student has passes left at the end of the week, and additional reward is earnedAnalysis of Common Assumptions andPractices for Managing AntisocialStudents• Assumptions:1. Teachers need to be in control2. Teachers need to establish authority3. Children must not get away with behavior;otherwise what will other children think?4. Students need to be settled down when theybecome agitated.
68Behavior Contracts Focus on only one behavior per contract Guidelines:Focus on only one behavior per contractDevelop contract collaboratively with studentSet realistic time frame and requirementsIdentify reward if contract is metIdentify negative consequence if contract is brokenSample templates: Tough Kid ToolboxAnalysis of Common Assumptions andPractices for Managing AntisocialStudents• Assumptions:1. Teachers need to be in control2. Teachers need to establish authority3. Children must not get away with behavior;otherwise what will other children think?4. Students need to be settled down when theybecome agitated.
72Intense InterventionIntense intervention focuses on rebuilding relationships and repairing harm. Practices at this level involve facilitated dialogue with those affected to determine what the harm was, what needs have arisen in its wake, and who has responsibility to address those needs.Discipline concerns at this level often involve people who were directly harmed. However, in just about all cases, the school as a whole or in part is also directly impacted. In some cases the neighborhood is affected as well.
73Intense Intervention/PBIS Tier 3 Intervention Circles: making space in the classroom to resolve conflict and solve problems at the intense intervention level.Peer Juries: designating youth judge, jury, prosecutor, and defense attorneys. Youth CourtRestorative Conferencing: meeting formally with those involved to repair harm, enable resolution of differences, and build social emotional capacity through empathy.Trained Mediators: Conflicts are significant and require the use of trained adult mediators.Formal Restorative Plan Formally established what will be done with signatures from all parties.
74Many Different Versions Peer Juries & Youth CourtMany Different VersionsStudents presents their case before a community or school-based court.Panel of judgesMajority opinion winsJudges trained in alternatives to suspension, provide rationale for their opinion.Community partners should be involvedNon-hearing structured. Chaired by Judge. Student has already admitted guilt. Jury of peers listens to the case, asks questions of students, deliberates and renders restorative justice consequencesCourt’s decision is binding.Analysis of Common Assumptions andPractices for Managing AntisocialStudents• Assumptions:1. Teachers need to be in control2. Teachers need to establish authority3. Children must not get away with behavior;otherwise what will other children think?4. Students need to be settled down when theybecome agitated.
75Alternative Schedule: Structured Day or Recess Elementary Schools:One morning teacher; One afternoon teacherSecondary:Able to earn attending an elective that is highly preferred by the studentAllow student to attend a preferred elective throughout the year/semester rather than rotating through electives that are non-preferredIf a preferred elective is not available for the student’s grade, allow student to enroll, or combine with aboveAnalysis of Common Assumptions andPractices for Managing AntisocialStudents• Assumptions:1. Teachers need to be in control2. Teachers need to establish authority3. Children must not get away with behavior;otherwise what will other children think?4. Students need to be settled down when theybecome agitated.
76Analysis of Common Assumptions and Practices for Managing AntisocialStudents• Assumptions:1. Teachers need to be in control2. Teachers need to establish authority3. Children must not get away with behavior;otherwise what will other children think?4. Students need to be settled down when theybecome agitated.
77Sanger Unified’s Formal Plan Formal Restorative Plan
78Progress Check #3Take a few minutes to write down programs that your district/school may be running that can be blended into RJ.If you already have a RJ program/philosophy working at your district/school write down how you can expand it or make it stronger.
82Developing Alternatives to Suspension Why? Goal is to Change Behavior:Data indicate suspension is not effective in changing behaviorDesire to move away from consequences as ‘punishment’Discipline means ‘to teach’Minority and special education students are over representedNegative Side Effects:Impedes academic successDropout rate increasesStudents disengage from the learning processDeveloping Alternatives to Suspension Why?
83Sanger Unified Reduction with Implementation of PBIS/RTI/RJ Look at the CDE for your dataTotal ExpulsionTotal SuspensionsPhysical/Verbal AltercationsPossession of Knife/DODrug/Alcohol769953531211885108732228100676271921810329423176962Total ExpulsionTotal SuspensionsPhysical/Verbal AltercationsPossession of Knife/DODrug/Alcohol769953531211885108732228100676271921810329423176962
84Importance for schools. the why Importance for schools...the why?: Time Cost of a Discipline Referral (Avg. 45 minutes per incident)1000 Referrals/yr2000 Referrals/yrAdministrator Time500 Hours1000 HoursTeacher Time250 HoursStudent Time750 Hours1500 HoursTotals3000 Hours
85Sanger Unified Every Child, Every Day, Whatever it Takes Started with focus on academic achievement and a realization that students need to be in school to learn. Yes its rocket science.As our attendance rate increased, we have basically maxed out at 96.5% for the district, our academics increased and behavioral problems began to decrease.Started to also look at other ways students miss school and reporting student suspensions and expulsions to the board. BTW we also looked at the number of times students were sent out of class. May not be recorded as suspension, but end result is the same….. Missing instructional time. Led to district wide implementation of PBIS first and RJ next.
86Central Unified Case Study: What Is Restorative Justice in Central? Restorative justice offers alternative school discipline processes. Rather than focusing on punishment, restorative justice seeks to repair the harm done.At its best, through face-to-face dialogue, restorative justice results in consensus-based plans that meet victim-identified needs.
87Central Unified School District First Steps: PBIS Champion Model System FrameworkRespect Agreement in every classroom aligned with PBIS framework of school and classroom behavior expectations/rulesEducating administrators and staff on peacemaking processUtilization of the Restorative Justice Agreement form (follow up process)Administrators using restorative justice as an alternative discipline approach
88ChallengesIssuesIt takes more time!!! Yes it takes significantly more time!Some are not going to like the idea of not suspending. They want a pound of flesh!It will take time to get it into the culture of the school. It is very easy to slip back into the old way during the beginning.Small Steps are good. Be honest about where you are in the process.
89Nuts and BoltsRestorative Justice is not a one size fits all. All schools have some aspects of RJ in place. It may not be embedded in the culture yet, but it is there! I have not met one teacher, who when asked says they went into teaching to punish kids.
90Ending ThoughtsYup it’s hard, but its worth doing.The Power of One
91A Compliment Sandwichcomplimentarea of growthcompliment