After a scathing investigation by the Department of Justice, a Kansas school district agreed to make amends to the discriminatory way in which they discipline their students — particularly, the Black students.
Last week, the DOJ announced a settlement agreement with Wichita Public Schools, Kansas’ largest school district, to revise their disciplinary policies. An investigation found the district’s Black students suffered harsher consequences than white students when it came to general misconduct.
The most stark difference in discipline was among Black students who were accused of lesser violations like disobedience or dress code conflicts, the Feds said. Black girls, for instance, were typically labeled with “angry Black woman” stereotype terms based on “perceived insubordination,” which resulted in harsher and more frequent punishments.
On top of that, the application of seclusion and physical restraints, whether by school law enforcement or staff, was disproportionately applied to Black students but not only them... those with disabilities as well.
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In addition, the department’s investigation concluded that the district inappropriately and repeatedly secluded and restrained students with disabilities, including for punitive reasons or in response to noncompliance with school rules and staff directives. During the period covered by the investigation, students with disabilities received more than 98% of the district’s roughly 3,000 restraints and seclusions.
At least 44 students experienced 20 or more restraints and seclusions during the period covered by the investigation and one student was restrained or secluded at least 144 times, including 99 seclusions lasting over 15 hours in total. In the district’s schools and classrooms for students with disabilities — where the vast majority of seclusions and restraints occurred — the district either lacked student behavior interventions or failed to implement them and ensure their effectiveness.
When the department visited the district’s special schools for students with behavioral disabilities, it found inferior facilities devoid of furniture, educational equipment and the kinds of decor commonly found in schools, and staff who could not meet the needs of students.
In the 35-page agreement, the Feds outlined the district’s disciplinary measures and how they ought to revise (or eliminate) them. Among the revisions was a district-wide student code of conduct and dress code to “ensure the nondiscriminatory administration of discipline and prohibit unnecessary exclusion of students from the school environment.”
The agreement also called on the district to eliminate the use of seclusion altogether, provide compensatory education to students who missed class time after being repeatedly secluded and only physically restrain students if they pose an imminent danger of serious physical harm.
In response to the agreement, Superintendent Kelly Bielefeld said this is a step toward a safer learning community.
“We can and must create a more equitable school district by changing some of our practices and procedures. Safe learning communities – for students and staff – will always be of the utmost importance. I believe strongly that they will also help us to provide the innovative and impactful educational experience that every student deserves,” he said in a statement.