Feds won’t tolerate ‘zero tolerance’

“Zero tolerance” policies — adopted to ensure uniform punishments — are too harsh, says the Obama administration, which issued an advisory on school discipline.

“Ordinary troublemaking can sometimes provoke responses that are overly severe, including out of school suspensions, expulsions and even referral to law enforcement and then you end up with kids that end up in police precincts instead of the principal’s office,” Attorney General Eric Holder said.

Blacks, Latinos and students with disabilities are much more likely to be suspended or expelled than non-disabled whites, according to federal civil rights data. That’s fueled the campaign for more flexible school discipline.

The recommendations encourage schools to train teachers and staff in classroom management and conflict resolution, offer counseling to students, teach social and emotional skills and avoid using security or police officers to handle routine discipline issues.

Training school administrators to make common-sense decisions about school safety. . . Can it be done?

Under “disparate impact doublespeak,” schools must make punishments fit the percentages, writes Joshua Dunn, a University of Colorado political science professor, on Flypaper.

. . . schools still “violate Federal law when they evenhandedly implement facially neutral policies” that were adopted with no intent to discriminate “but nonetheless have an unjustified effect of discriminating against students on the basis of race.”  Ordinary English users can be forgiven if they find themselves scratching their heads asking, “How could evenhanded and neutral policies actually be discriminatory?  Doesn’t discrimination require someone, you know, actually discriminating?”

. . . If we accept the guideline’s assumption that disruptive behavior should be evenly distributed across racial groups, Asian students are woefully underpunished.

Students who want to learn will be the losers, he predicts. Federal bureaucrats will be “winners since these guidelines give them another pretext to meddle in local schools.”

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