Bryan ISD Investigated for School-Based Ticketing Due To Disparate Impact on African-American Students

From NAACP Legal Defense and Educational Fund:

In a letter sent to LDF, the U.S. Department of Education has confirmed it will investigate a complaint  that we and Texas Appleseed filed which challenges the “disparate impact” that Bryan school district’s practice of issuing criminal citations for minor misbehavior has on African-American students, who are ticketed at four times the rate of their peers.

“This investigation sends a strong message to school districts around the country that the government takes seriously allegations that police are criminalizing children in school instead of keeping them safe,” said Rachel Kleinman, Assistant Counsel with the NAACP Legal Defense and Educational Fund, Inc.

“We are pleased that OCR is pursuing this important issue and look forward to working with the Department of Education and the Bryan school district to find more positive approaches to improving student behavior and keeping more children in class and out of the court system,” said Texas Appleseed Deputy Director Deborah Fowler.

Ann Boney, President of the Brazos County NAACP, said, “We are pleased that we will move forward with this issue and begin developing a positive approach that will benefit all concerned parties.”

African-American students comprised only 21% of the Bryan district’s student population in 2011-12, but received 53% of all tickets issued last year for Disruption of Class and 51% for Disorderly Conduct-Language (profanity). While the Texas lawmakers passed legislation this spring ending school-based ticketing in most cases, school districts can still file formal complaints and send students to court for the same types of minor misbehavior.

“In a very real sense, districts like Bryan are using law enforcement as a disciplinary tool, leading students into the school-to-prison pipeline,” said Senior Attorney Michael Harris, with the National Center for Youth Law. “But research shows these matters are far better handled by educators and parents.”

We are asking OCR to require Bryan ISD to provide additional training for school police officers in adolescent behavior, conflict resolution and de-escalation techniques. We are strongly encouraging implementation of nationally-tested programs shown to reduce disciplinary problems and boost academics—such as School-Wide Positive Behavior Interventions and Supports. Our complaint also proposes:

  • Revisions to the Bryan Student Code of Conduct to establish graduated consequences for misbehavior that minimize missed class time and reserve suspension, expulsion, and police responses to student misbehavior to only those incidents that pose a safety risk;
  • Required campus-based quarterly reporting of data on ticketing and school-related arrests, by type of incident disaggregated by race; and
  • Intervention services for students who receive multiple Class C citations and/or disciplinary referrals and who are at risk of educational failure.

It is a common practice in Texas for school districts to bring in the criminal system to handle issues with students that many people should be dealt with internally. The school-to-prison pipeline in Texas is used way too often and it is about time the Department of Education notices. Hopefully this investigation will lead to the elimination of this disparate impact practice.

Allison Arterberry

About Allison Arterberry

Allison Arterberry is a third year student at the University of Houston Law Center. She graduated from Texas A&M University in 2011 with a B.A. in Political Science and Spanish. She has spent parts of her last two summers interning at the Equal Employment Opportunity Commission. Currently, she is a Senior Articles Editor for the Houston Journal of International Law, the Secretary for the Labor & Employment Law Society as well as a member of the Career Development Student Advisory Board and the Association of Women in Law. Additionally, last year she was the Secretary for Aggie Law Society. Allison is most interested in child victim’s rights in the criminal system.

One thought on “Bryan ISD Investigated for School-Based Ticketing Due To Disparate Impact on African-American Students

  1. Dr. Phyllis Egby
    October 9, 2013 at 1:15 PM

    With the onset of high stakes testing, we have pushed aside the “whole-child”. The notion that all students will be at the same level at the same age is ideal, but does not consider all of the factors that impact learning. This article highlights the perpetual stigma that exists for minority students. What is rarely mentioned is the impact such policies has on the student’s desire to work hard and become a part of a society that continues to consider them failures and or trouble makers. After years of being told you are at the bottom of standardized test scores, and you are the law breakers, some begin to internalize these stereotypes and act accordingly.
    Another aspect that is rarely discussed is the teachers perceptions about these students. When we consider that over 70% of teachers are white, there is little wonder why minority students tend to receive less understanding when it comes to discipline and learning.

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