Strategies for Addressing Discipline Disproportionality Texas Disproportionality Summit Kent McIntosh University of Oregon Handouts: http://www.pbis.org

Acknowledgements Information from this session comes from: McIntosh, K., Girvan, E. J., Horner, R. H., & Smolkowski, K. (in press). Education not incarceration: A conceptual model for reducing racial and ethnic disproportionality in school discipline. Journal of Applied Research on Children. Thanks also to ongoing work of the National PBIS Center’s Disproportionality Workgroup Clynita Grafenreed Kelsey Morris Jen Rose Russ Skiba

Handouts: http://www.pbis.org Session Overview Describe the problem of disproportionality Share a 5-point multicomponent intervention for reducing disproportionality Define and describe the role of implicit bias in discipline decision making Share a new set of strategies for assessing and addressing implicit bias Handouts: http://www.pbis.org

ACLU, 2013, the war on marijuana in black and white

Stop and Frisk – New York City (2004-2012) New York Police Department records obtained during class action litigation shows that, from 2004 to 2012, its officers conducted over 4.4 million stops, 2.3 million of which included a frisk for weapons. As shown by the bars in Table 2, the stops disproportionately included African Americans and excepted Whites. While Whites made up approximately one-third of the residents of the City during that period, they represented just 10% of those stops. By comparison, African Americans, who constitute less than one-quarter of the population, were subject to 52% of the stops. Moreover, NYPD data suggests that that its officers’ decisions were highly error prone. The vast majority of those stopped and frisked were innocent. Just 12% of the stops resulted in an arrest or summons. Overall, officers found weapons in only 1.5% of the frisks. Where weapons or other contraband were found during a frisk, the hit rate was actually higher for Whites than for African Americans. Such racial disparities in the focus of police officer’s efforts at law enforcement, and the disassociation of those efforts from the resulting hit rates, are not unique.

Disproportionality in School Discipline (Losen & Skiba, 2010) Risk index

A 5-point Intervention to Enhance Equity in School Discipline http://www.pbis.org/school/equity-pbis

School Discipline Guidance http://www2. ed

5-point Intervention to Enhance Equity in School Discipline Use effective instruction to reduce the achievement gap Implement SWPBIS to build a foundation of prevention Collect, use, and report disaggregated student discipline data Develop policies with accountability for disciplinary equity Teach neutralizing routines for vulnerable decision points http://www.pbis.org/school/equity-pbis

1. Why a focus on effective academic instruction? Teacher presents student with grade level academic task Student’s academic skills do not improve Student engages in problem behavior Student escapes academic task Teacher removes academic task or removes student (McIntosh et al, 2008)

What do we mean by effective academic instruction? Explicit instruction High rates of engagement and OTRs Quality performance feedback Progress monitoring and data-based decision making (Hattie, 2009)

Effects of Effective Instruction on the Achievement Gap Tigard-Tualatin School District (Chaparro, Helton, & Sadler, in press)

2. Why use a foundation of SWPBIS? Proactive, instructional approach may prevent problem behavior and exposure to biased responses to problem behavior Increasing positive student-teacher interactions may enhance relationships to prevent challenges More objective referral and discipline procedures may reduce subjectivity and influence of cultural bias Professional development may provide teachers with more instructional responses Hidden curriculum – by not assuming that all students KNOW how to be students, we can do better. (Greflund et al., 2014)

Effects of SWPBIS on Discipline Disproportionality (Vincent, Swain-Bradway, Tobin & May, 2011) 72 in blue 81 in red School w/ 10+ African American and 10+ White students in 2011-12, the median B/W ODR risk ratio was 1.84. The 25th percentile was 1.38. 1.25 EEOC disparate impact

5. How do we begin to address racial bias without it backfiring?

Time Out: Our options for building support Show data: either theirs or national Hit them over their heads with inequities Cognitive dissonance: pattern that is not in line with our values as educators Common Outcomes: Defensiveness Challenging validity of the data More blaming of students How many have tried this?

Time Out: Our options for building support Tell people to be less biased Explain importance of equity Describe the laws on discrimination Tell people to cut it out Common Outcomes: No change in levels of discrimination Don’t care Don’t have specific guidance (Girvan, 2014; Girvan et al., 2014; Lai et al., 2013; Pettigrew & Tropp, 2006)

Time Out: Our options for building support Cultural sensitivity training Discuss value of diversity Introduce concept of White Privilege Brief introductions to various cultures Common Outcomes: Defensiveness White people crying Shift in attitudes for some? No new strategies (Lai et al., 2013; Pettigrew & Tropp, 2006)

Time Out: Our options for building support Introduce the concept of implicit bias and provide specific strategies Describe the concept of implicit bias Explain vulnerable decision points (VDPs) Teach a self-instruction strategy Am I in a VDP? If so, use an alternative response Common Outcomes: ???

Implicit Bias in School Discipline

What is implicit bias? Unconscious, automatic Based on stereotypes We all have it (even those affected by it) Generally not an indication of what we believe or would endorse More likely to influence: Snap decisions Decisions that are ambiguous Describe IAT results

Implicit Bias at Work Attractiveness Height Real estate agents rated as more attractive sell homes for significantly higher prices (Salter, Mixon, & King, 2012) Height One inch of height is worth $789 per year in salary (Judge & Cable, 2004) “Less than 15% of American men are over six foot tall, yet almost 60% of corporate CEOs are over six foot tall.

Implicit Bias in Refereeing (Carlson, 2014) Teams with louder stadiums have the largest differentials UNC, Duke = loud Miami, Florida State = quiet Others: SPORTS (White players are gym rats, watch tape, prepared, disciplined; Black players are blessed with prowess)

Implicit Bias and Gender (Reuben et al., 2014) Subjects randomly split into groups of 4 (employers and job candidates) Job candidates paid by performance on timed math (adding sets of 2 digit numbers) Employers paid if they chose the best of 2 job candidates Hiring criteria: Appearance Self-reported performance Actual pre-test performance

The top bars show the percentages of female candidates that were picked, and the middle bars show the percentages of times the lower-performing candidate in the pair was picked. The top bars show the percentages of female candidates that were picked, and the middle bars show the percentages of times the lower-performing candidate in the pair was picked. This percentage is computed using all the hiring decisions made in each treatment: 507 in the No Information condition, 160 in the Cheap Talk condition, and 265 in the Past Performance condition. The bottom bars show the percentage of times that the chosen candidate was male, conditional on the lower-performing candidate in the pair being chosen (230 cases in the No Information condition, 50 in the Cheap Talk condition, and 47 in the Past Performance condition). Error bars correspond to 95% confidence intervals calculated with regression analysis clustering SEs on employer (SI Appendix, Tables S4–S6). Reuben E et al. PNAS 2014;111:4403-4408 ©2014 by National Academy of Sciences

Implicit Bias and Race “the challenge is not a small number of twisted white supremacists but something infinitely more subtle and complex: People who believe in equality but who act in ways that perpetuate bias and inequality.” -Nicholas Kristof, The New York Times 2014 – “Is everyone a little bit racist” NYT OpEd

No teacher or administrator wakes up and says “I want to perpetuate racial inequities” or “I want to send more black boys to the office”

A Unidimensional View of Bias Racial Bias Disproportionate Discipline 2 problems: 1. it focuses solely on one variable that has been shown in many studies to be highly resistant to change 2. fails to consider contextual variables that may be as critical to biased decision making but are much more malleable.

A Multidimensional View of Bias Racial Bias Disproportionate Discipline Situation no change to his or her attitudes or beliefs, an individual may selectively show racial bias in different decision situations. For example, a teacher may make more equitable discipline decisions at the start of the day but be more likely to send students of color to the office at the end of the day More accurate predictor of biased decision making AND

Interventions for Implicit Bias in School Discipline

What is a Vulnerable Decision Point? A specific decision that is more vulnerable to effects of implicit bias Two parts: The person’s decision state (internal state) The situation

Resource Depletion (Girvan et al., 2014) As we become fatigued, our filters for appropriate behavior can be affected Effects of hunger (Gailliot et al., 2009) Decreases in willpower later in day “The Morning Morality Effect” (Kouchaki & Smith, 2014) Examples… My kids at school My diet

Options for Identifying VDPs for Intervention Levels of specificity: All ODR/suspension decisions (general self-instruction routine) Identify VDPs through national data Use school or district data

Dr. Kelsey Morris http://www.pbis.org/school/equity-pbis

National SWIS Data (2011-12) 3,026,367 ODRs 6,269 schools 47 states, plus DC

Office Referrals by Problem Behavior

Office Referrals by Location

Office Referrals by Time of Day

VDPs from national ODR data ambiguity Subjective problem behavior Disruption, defiance, major vs. minor Non-classroom areas Hallways Afternoons LACK OF contact fatigue

Multidimensional View of Bias Racial Bias Disproportionate Discipline Situation Discuss bias research on judges and lemonade. Vulnerable Decision Points Subjective Behavior Hunger Vague Discipline System Fatigue Common Areas Unfamiliar with Student

School Example Urban K-8 School

Risk Indices Black/White ODR Risk Ratio = 2.5

Problem Behavior: All Students

Problem Behavior: Black Students Only

Drill Down: Physical Aggression Black/White ODR Risk Ratio = 6.5 43 ODRs (6.5 risk ratio)

Drill Down: Physical Aggression Playground 20 ODRs 70% of ODRs for Pagg there were Black (4.5 risk ratio)

Addressing Common Questions “Isn't it all really about poverty?” Poverty plays a role, but racial disproportionality remains, even when controlling for poverty American Psychological Association, 2008 Skiba et al., 2005 Wallace et al., 2008

Addressing Common Questions “Aren’t Black boys just more violent?” No evidence of different base rates of behavior for any subgroups Bradshaw et al., 2010 Losen & Skiba, 2010 Skiba et al., in press

Addressing Common Questions “Are you saying that all teachers are racist?” No! Our research indicates that disproportionality comes from unconscious bias – that we’re not even aware of. Banaji & Greenwald, 2013 Greenwald & Pettigrew, 2014 van den Bergh et al., 2010

Two-step Neutralizing Routine for Staff: When you see problem behavior, stop and ask yourself: Is this a VDP? Situation Decision state If so, use an agreed-upon alternative response

Neutralizing Routines for Reducing Effects of Implicit Bias Self-assessment “Is this a vulnerable decision point?” Setting event Antecedent Behavior Consequence Lack of positive interactions with student Fatigue Loud complaints about work (subjective behavior) Send student to office (ODR) Student leaves class (Escape social interaction) Alternative Response “See me after class.”

What makes for a good neutralizing routine? Brief If-then statements Clear steps Doable

What makes for a good alternative response? Delay “See me after class” Pause Think it through before sending to office Use least exclusionary choice Delayed ODR Speak with student State your confidence in them Ask about their needs privately

Neutralizing Routine Examples “If this is a VDP, am I acting in line with my values?” “If disrespect, keep in class” “If I am tired, delay decision until I can think clearly”

Two-step Neutralizing Routine for Staff: Can also be used as precorrection Am I about to enter a VDP? What are my values? When I see problem behavior, I’ll use the alternative response

Two-step Neutralizing Routine for Administrators: (Susan Barrett) When you have to handle problem behavior, stop and tell yourself: Don’t just do something, stand there! Be sure you are ready to act in line with values Get information from student and staff Assess student-teacher relationship Whenever possible, use an agreed-upon instructional response Teaches missing skills Connects student to school and staff

The Restorative Chat (Alton School District, Alton, IL) Tell me what happened. What you were thinking at the time? What do you think about it now? Who did this affect? What do you need to do about it? How can we make sure this doesn't happen again? What I can do to help you?

Professional Development Use data to identify: The extent of the problem Vulnerable Decision Points (VDPs) Teach and practice: Implicit bias VDPs Neutralizing routines Follow up: Ongoing coaching Monitor progress with data

Contact Information Kent McIntosh Special Education Program University of Oregon kentm@uoregon.edu @_kentmc Cannon Beach, Oregon © GoPictures, 2010 Handouts: http://kentmcintosh.wordpress.com

References American Psychological Association. (2008). Are zero tolerance policies effective in the schools? An evidentiary review and recommendations. American Psychologist, 63, 852-862. Anand, R., & Winters, M. (2008). A retrospective view of corporate diversity training from 1964 to the present. Academy of Management Learning & Education, 7, 356-372. Bradshaw, C. P., Mitchell, M. M., O'Brennan, L. M., & Leaf, P. J. (2010). Multilevel exploration of factors contributing to the overrepresentation of black students in office disciplinary referrals. Journal of Educational Psychology, 102, 508-520. Chaparro, E. A., Helton, S., & Sadler, C. A. (in press). Oregon Effective Behavioral and Instructional Support Systems initiative: Implementation from district and state level perspectives. In K. McIntosh & S. Goodman (Eds.), Multi-tiered systems of support: Integrating academic RTI and school-wide PBIS. New York: Guilford.

References Gailliot, M. T., Peruche, B. M., Plant, E. A., & Baumeister, R. F. (2009). Stereotypes and prejudice in the blood: Sucrose drinks reduce prejudice and stereotyping. Journal of Experimental Social Psychology, 45, 288-290. Girvan, E. J. (2014). Wise restraints?: How learning the law affects socially-biased decision-making. How Learning the Law Affects Socially-Biased Decision-Making (June 4, 2013) (available at SSRN: http://ssrn.com/abstract=2274314) Girvan, E. J., Deason, G., & Borgida, E. (2014). The generalizability of gender bias: Effects of expertise and accountability on sexism in labor arbitration decisions. Manuscript submitted for publication. Greenwald, A. G., & Pettigrew, T. F. (2014). With malice toward none and charity for some: Ingroup favoritism enables discrimination. American Psychologist, 69, 669-684.

References Greflund, S., McIntosh, K., Mercer, S. H., & May, S. L. (2014). Examining disproportionality in school discipline for Aboriginal students in schools implementing PBIS. Canadian Journal of School Psychology, 29, 213-235. Judge, T. A., & Cable, D. M. (2004). The effect of physical height on workplace success and income: preliminary test of a theoretical model. Journal of Applied Psychology, 89, 428-441. Kahneman, D. (2011). Thinking, fast and slow. New York: Macmillan. Kouchaki, M., & Smith, I. H. (2014). The morning morality effect: The influence of time of day on unethical behavior. Psychological Science, 25, 95-102. doi: 10.1177/0956797613498099 Lai, C. K., Hoffman, K. M., Nosek, B. A., & Greenwald, A. G. (2013). Reducing implicit prejudice. Social and Personality Psychology Compass, 7, 315-330. Losen, D. J., & Skiba, R. J. (2010). Suspended education: Urban middle schools in crisis. Montgomery, AL: Southern Poverty Law Center.

References McIntosh, K., Girvan, E. J., Horner, R. H., & Smolkowski, K. (in press). Education not incarceration: A conceptual model for reducing racial and ethnic disproportionality in school discipline. Journal of Applied Research on Children. McIntosh, K., Barnes, A., Morris, K., & Eliason, B. M. (2014). Using discipline data within SWPBIS to identify and address disproportionality: A guide for school teams. Eugene, OR: Center on Positive Behavioral Interventions and Supports. University of Oregon. Pettigrew, T. F., & Tropp, L. R. (2006). A meta-analytic test of intergroup contact theory. Journal of Personality and Social Psychology, 90, 751. Reuben, E., Sapienza, P., & Zingales, L. (2014). How stereotypes impair women’s careers in science. Proceedings of the National Academy of Sciences, 111, 4403-4408. Salter, S. P., Mixon Jr, F. G., & King, E. W. (2012). Broker beauty and boon: a study of physical attractiveness and its effect on real estate brokers’ income and productivity. Applied Financial Economics, 22, 811-825.

References Skiba, R. J., Chung, C. G., Trachok, M., Baker, T., Sheya, A., & Hughes, R. L. (in press). Where should we intervene? How infractions, students, and schools all contribute to out-of-school suspension. In D. J. Losen (Ed.), Closing the school discipline gap: Research for policymakers. New York: Teachers College Press. Skiba, R. J., Michael, R. S., Nardo, A. C., & Peterson, R. L. (2002). The color of discipline: Sources of racial and gender disproportionality in school punishment. The Urban Review, 34, 317-342. doi: 10.1023/A:1021320817372 Staats, C. (2014). State of the science: Implicit bias review 2014. Columbus, OH: Kirwan Institute. Vincent, C. G., Swain-Bradway, J., Tobin, T. J., & May, S. (2011). Disciplinary referrals for culturally and linguistically diverse students with and without disabilities: Patterns resulting from school-wide positive behavior support. Exceptionality, 19, 175-190. Wallace, J. M. J., Goodkind, S., Wallace, C. M., & Bachman, J. G. (2008). Racial, ethnic, and gender differences in school discipline among U.S. high school students: 1991–2005. Negro Educational Review, 59, 47-62.