Arkansas school district to revise discipline policy, cease corporal punishment

U.S. judge signs off on plan

The Watson Chapel School District in Pine Bluff must cease corporal punishment, limit out-of-school suspensions and otherwise change the way it disciplines students as part of an agreement the district has reached with the federal government in its 46-year-old desegregation case.

U.S. District Judge Brian Miller this week signed the consent order, which is expected to take three years to fully implement. The U.S. Department of Justice will monitor whether the district complies with the order, which when satisfied would bring an end to a case the federal government filed in 1970.

The Justice Department in December 2012 informed Watson Chapel that it had complied with desegregation requirements in faculty assignment, interdistrict transfers and how the gifted and talented education program is administered.

In 2015, the Justice Department requested disciplinary policies, reports and data from the district as it began monitoring the case's final "outstanding issue," the agreement said. Officials visited the district in November 2015 and interviewed administrators and staff.

"The United States concluded based on these monitoring efforts that during the 2014-2015 school year the District suspended and expelled Black students at high rates, significantly higher than for White students, and that District policies, procedures and practices were responsible for both the frequency of discipline and the disparities," said the order, dated Sept. 21 and signed by both parties.

Neither Superintendent Connie Hathorn, who was hired after the 2014-15 school year, nor Mike Dennis, the attorney representing the district, were available for comment Friday afternoon. The district did not admit to discrimination as part of the agreement.

Watson Chapel "denies that it has engaged in any discrimination in regard to its discipline practices," the order said.

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Per the 21-page order, the district must revise its code of conduct to "prohibit" the use of corporal punishment, and the new policies may not allow "exclusionary discipline," such as out-of-school suspension or expulsion, for offenses that do not pose a threat to the safety of others.

New policies also must emphasize the "repeated and consistent use of positive interventions such as redirection, verbal counseling, conference and reflective essay," the order said.

The district is required to enter into an agreement with the law enforcement agency providing its school resource officers that makes it clear the officers are "not to become involved in enforcing routine school discipline rules." Law enforcement should be involved only with offenses that pose "an imminent and substantial threat to physical safety or that are serious crimes," the order said.

Watson Chapel must employ a school culture and climate specialist to oversee changes, allow suspended students an opportunity to appeal to the principal and superintendent, regularly review disciplinary data and ensure students with disabilities are not being disciplined because of their disabilities.

Principal Deputy Assistant Attorney General Vanita Gupta, of the Justice Department's Civil Rights Division, in a written statement praised the district for agreeing to the changes.

"For far too long, some school districts have used overly punitive and ineffective discipline practices that prevent students of color from reaching their full potential," Gupta said. "We commend the Watson Chapel School District for committing to create an equal, supportive and inclusive learning environment for all."

State Desk on 12/10/2016

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