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In March 2010, Secretary of Education Arne Duncan announced that his department was “going to reinvigorate civil rights enforcement.” The secretary was speaking on the 45th anniversary of “Bloody Sunday,” when state troopers savagely beat and teargassed peaceful voting-rights marchers in Selma, Alabama. Duncan fleetingly acknowledged the racial progress that the nation had made since that shameful era, but he was soon back in the 1960s: “Skeptics sometimes tell me, ‘Slow down.’ They say our agenda to pursue equal opportunity is too ambitious. To them, I simply repeat what Martin Luther King said many years ago: ‘We can’t wait.’ I repeat what President Lyndon Johnson said after Bloody Sunday, when he told a joint session of Congress: ‘We have already waited a hundred years and more—and the time for waiting is gone.’ ” President Johnson was calling on Congress to pass the Voting Rights Act in order to end the South’s century-long obstruction of black suffrage. What was the pervasive racial injustice that led Duncan to present himself as a modern-day Johnson? Black elementary and high school students are disciplined at a higher rate than whites are.

To Duncan, that disparity can mean only one thing: schools are discriminating. And so the Departments of Education and Justice have launched a campaign against disproportionate minority discipline rates, which show up in virtually every school district with significant numbers of black and Hispanic students. The possibility that students’ behavior, not educators’ racism, drives those rates lies outside the Obama administration’s conceptual universe. But the country will pay a high price for the feds’ blindness, as the cascade of red tape and lawsuits emanating from Washington will depress student achievement and enrich advocates and attorneys for years to come. This past March, Duncan released some newly gathered national discipline data.

The “undeniable truth,” he said, was that the “everyday educational experience for many students of color violates the principle of equity.” The massive media coverage of Duncan’s report trumpeted the discipline disparity—blacks were three and a half times more likely to get suspended or expelled than their white peers—as convincing evidence of widespread discrimination. (The fact that white boys were over two times as likely to be suspended as Asian and Pacific Islander boys was discreetly ignored, though it would seem to imply antiwhite bias as well.) The Department of Education has launched investigations of at least five school systems because of their disparate black-white discipline rates. The Department of Justice has already put the Barnwell, South Carolina, school district under a costly consent decree, complete with a pricey outside consultant, and is seeking similar control of other districts. The theory behind this school discipline push is what Obama officials and civil rights advocates call the “school-to-prison pipeline.” According to this conceit, harsh discipline practices—above all, suspensions—strip minority students of classroom time, causing them to learn less, drop out of school, and eventually land in prison. The feds have reached their conclusions, however, without answering the obvious question: Are black students suspended more often because they misbehave more?

Arne Duncan, of all people, should be aware of inner-city students’ self-discipline problems, having headed the Chicago school system before becoming secretary of education. Chicago’s minority youth murder one another with abandon.

Since 2008, more than 530 people under the age of 21 have been killed in the city, mostly by their peers, according to the Chicago Reporter; virtually all the perpetrators were black or Hispanic. In 2009, the widely publicized beating death of 16-year-old Derrion Albert by his fellow students sent Duncan hurrying back to the Windy City, accompanied by Attorney General Eric Holder, to try to contain the fallout in advance of Chicago’s bid for the 2016 Olympics (see “,” Winter 2010). Between September 2011 and February 2012, 25 times more black Chicago students than white ones were arrested at school, mostly for battery; black students outnumbered whites by four to one.

(In response to the inevitable outcry over the arrest data, a Chicago teacher commented: “I feel bad for kids being arrested,. But I feel worse seeing a kid get his head smashed on the floor and almost die. Or a teacher being threatened with his life.”) So when Duncan lamented, upon the release of the 2012 discipline report, that “some of the worst discipline discrepancies are in my hometown of Chicago,” one could only ask: What does he expect?

Nationally, the picture is no better. The homicide rate among males between the ages of 14 and 17 is nearly ten times higher for blacks than for whites and Hispanics combined.

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Such data make no impact on the Obama administration and its orbiting advocates, who apparently believe that the lack of self-control and socialization that results in this disproportionate criminal violence does not manifest itself in classroom comportment as well. Though the federal government does not collect data on student misbehavior by race, it does survey schools on their discipline problems. During the 2009–10 school year, the rate at which schools that were over 50 percent minority reported gang activity was five times as high as the rate at schools where minorities constituted 5 to 20 percent of the population.

More than 11 times as many schools in the first category as in the second reported widespread weekly disorder in classrooms; more than four times as many reported weekly verbal abuse of teachers. The Departments of Education and Justice publish this information in their annual Indicators of School Crime and Safety, but they have not allowed it to contaminate their official position that racial disparities in student discipline reflect racial inequity, not student behavior.

As for the school-to-prison pipeline, the advocates inside and outside the White House have not come close to establishing their claimed causal relationship—that suspensions drive students to drop out and resort to crime. The much likelier possibility is that students’ propensity to misbehave leads to all three results: suspensions, dropping out, and crime.

The lack of any empirical basis for the school-to-prison pipeline idea is irrelevant, though, to its ubiquity as an advocacy tool. Aaron Benner, a fifth-grade teacher in St. Paul, Minnesota, scoffs at the notion that minority students are being unfairly targeted for discipline.

“Anyone in his right mind knows that these disciplined students are extremely disruptive,” he says. Like districts across the county, the St.

Paul public school system has been on a mission to lower the black suspension rate, following complaints by local activists and black parents. A highly regarded principal lost his job because his school had “too many” suspensions of black second- and fourth-graders.

The school system has sent its staff to $350,000 worth of “cultural-proficiency” training, where they learned to “examine the presence and role of ‘Whiteness.’ ” The district spent another $2 million or so to implement an anti-suspension behavioral-modification program embraced by the Obama administration. Benner sees the consequences of this anti-discipline push nearly every day in the worsening behavior of students. He overheard a fifth-grade boy tell a girl: “Bitch, I’ll fuck you and suck you.” (“I wanted to throw him against the locker,” Benner recalls.) The boy’s teacher told Benner that she felt powerless to punish the misbehavior. “This will be one of my black men who ends up in prison after raping a woman,” observes Benner. Many would so characterize the comment.

But Benner is black himself—and fed up with the excuses for black misbehavior. He attended one of the district’s cultural-proficiency sessions, where an Asian teacher asked: “How do I help the student who blurts out answers and disrupts the class?” The black facilitator reminded her: “That’s what black culture is”—an answer that echoes the Obama administration’s admonitions to teachers. “I should have said: ‘How many of you shouted out in college?’ ” Benner remarks. “They’re trying to pull one over on us. Black folks are drinking the Kool-Aid; this ‘let-them-clown’ philosophy could have been devised by the KKK.” Tired of writing up disciplinary referrals that had no further effect, Benner finally did the unthinkable: he spoke out to St. Paul’s board of education last December.

“Disruptive students cannot remain in my room and affect those who want to learn,” he pleaded. Even more controversially, he laid the primary responsibility for student misbehavior on parents and community leaders, rather than on racism and cultural insensitivity. The “achievement gap / suspension gap is a black issue. My community must take the lead in correcting our children’s behavior,” he said. The response was predictable.

“People who think like that are like the people who believe that black people are. Less than civil or human,” Victoria Davis, an education advocate with St. Paul’s NAACP chapter, told the local Star Tribune. An e-mailer called Benner a “tie-wearing Uncle Tom.” Benner remains undaunted. The refusal to hold students accountable only guarantees their future failure, he says. Teachers across the country corroborate Benner’s observations about student behavior.

Patrick Welsh, an acclaimed high school English teacher in Alexandria, Virginia, used to try to separate fights between black girls, he told the U.S. Commission on Civil Rights in 2011. “But as I get older, I’m not going to get in between them,” he said.

“We’ve had staff members injured separating them. There’s an anger in those girls, where there’s no fathers in the home,. That is almost unbelievable.” Louise Seng taught eighth-grade social studies for 34 years in Allentown, Pennsylvania.

Her students, who were mostly minorities, “came from families where they observed violence at home, and they therefore thought that it was acceptable to use violence to solve problems,” she told the commission. “It was not terribly unusual. For one student to throw a chair at another during the middle of class because the second student made a nasty verbal comment.” Civil rights attorneys make a number of unlikely propositions to support their claim that disproportionate discipline equals discrimination. First, of course, is their implicit assumption that teachers and school administrators are a racist bunch—an assumption that’s “ridiculous,” says Brett Rosenthal, an assistant principal in Rockville Center, Long Island, who also worked for years as a dean of students in Jamaica, Queens. “I’ve never seen anything unfairly done, not once.

Teachers are good-natured people who try to help out.” Teachers also constitute one of the most liberal occupation groups, as a visit to any education school will confirm. Yet if we’re to believe the Obama administration, when they enter the classroom or become administrators, these eager proponents of white-privilege theory suddenly become retributive bigots, favoring fractious white students over pacific black students. The anti-discipline forces further suggest that the process for disciplining students is so loose that teachers can easily abuse it—a ludicrous proposition. Even without an explicit mandate to lower the minority suspension rate, schools face an arduous ordeal in disciplining students. Ever since the federal courts invented the notion of student due-process rights in the 1960s, a thicket of regulations and procedures has encumbered legitimate adult authority in the classroom. Merely removing a student from the classroom at the time of his disruptive behavior is almost impossible.

Typically, a teacher must document in writing the student’s multiple prior offenses, as well as the corrective actions that the teacher has previously taken, and then hope that the relevant higher-ups will eventually respond to the removal request. Students know that their teachers are hamstrung. Allen Zollman, a middle school remedial teacher in Pennsylvania, told an eighth-grade girl who would not stop talking over him: “You have two choices: either stop talking, or I will have you removed.” Her response: “I’m going to torture you. I’m doing this because I can’t be removed.” When students see no consequences for bad behavior, not only do they continue to misbehave, but the behavior worsens, with more and more students joining in, Zollman told the Commission on Civil Rights. Under such conditions, very little teaching or learning takes place. Any student actually suspended from school will have received an enormous amount of prior adult attention. “Everything is attempted to support students inside school; it’s all we do,” says Rosenthal.

A school removal usually comes only after multiple infractions and a “tremendous amount of process that involves psychologists, social workers, guidance counselors, teachers, deans, and assistant principals. The student will have been repeatedly discussed and known,” Rosenthal says. This intense care is a far cry from the arbitrary process that the critics allege. The research base for the Obama administration’s claim that minority students receive harsher punishment than whites for “the same or similar infractions” is laughably weak. None of the studies alleging disproportionate discipline actually observed students’ behavior or examined students’ full disciplinary histories, including classroom interactions and warnings, teacher and counselor observations, and efforts at informal resolution that preceded more formal measures. A principal might have had two dozen conversations with a student before deciding to suspend him; none of those conversations would have been included in the researchers’ models.

When pressed, the advocates say that this omission does not matter. (The Department of Education did not respond to repeated requests to explain how it determines that minorities are disproportionately disciplined.) It would be necessary to consider students’ actual behavior only if the government were making a “disparate-treatment” claim—the more traditional construct for alleging civil rights violations—says Daniel Losen, director of the Center for Civil Rights Remedies at UCLA’s Civil Rights Project / Proyecto Derechos Civiles. But the Department of Education, dusting off an abysmally drafted 1980 regulation, is using a “disparate- impact” standard, says Losen, the administration’s favorite exponent of the school-to-prison-pipeline conceit. Under disparate-impact theory, even if a school applies its discipline code fairly and in a color-blind fashion, it can still be liable for civil rights violations if minorities are disproportionately affected and it cannot demonstrate the absolute necessity of its disciplinary practices. Political appointees in the George W. Bush administration had discouraged the use of disparate-impact theory in education investigations and elsewhere. Unfortunately, the Bush administration failed to rescind the Department of Education’s disparate-impact regulation, guaranteeing that the next Democratic administration would again unleash it upon hapless school districts.

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Advocates inside and outside the executive branch are now celebrating the resuscitation of disparate impact. “For years, we couldn’t rely on the federal government to enforce civil rights law, so now we have an Office for Civil Rights in the Department of Education that is finally taking up the torch,” Judith Browne-Dianis, codirector of the nonprofit Advancement Project, told America’s Wire in October 2011. But while the legal theory behind the White House’s school discipline crusade might sidestep the question of whether schools are treating minorities more harshly than similarly situated white students, the rhetoric around the initiative clearly suggests that they are.

That rhetoric is irresponsible and dangerous, only serving to alienate blacks in general further from society and black students in particular from those institutions that are their best hope for success. The planks of the feds’ allegations of discriminatory discipline are contradictory and tendentious. Obama officials rail against zero-tolerance policies that try to ensure uniformity in sanctioning; yet they complain just as strenuously about discretionary punishments.

This past February, addressing a meeting of 100 Black Men of Atlanta, Eric Holder decried the effect of zero-tolerance policies on black students and, in the next breath, complained about Texas—where, “tellingly, 97 percent of all suspensions were discretionary and reflected the administrator’s discipline philosophy as much as the student’s behavior.” Another favorite—and wholly irrelevant—complaint is that black students are punished more often for “subjective” offenses. A 2002 study of one urban school system found that teachers disciplined black students more frequently for offenses like disrespect, excessive noise, and making threats, whereas teachers disciplined white students for “objective” transgressions, such as smoking, obscene language, and vandalism. To which the proper response is: So what? Even if you accept the specious subjective-objective distinction and assume that this one study generalizes to every school district, the research fails to demonstrate that the racial distribution of referrals doesn’t reflect actual differences in behavior.

Moreover, it is absurd to suggest that disorderly behavior in class is less serious than smoking. Allen Zollman describes some of the “subjective” offenses that urban teachers routinely encounter: “Calling out, engaging in conversation across the room, dancing at one’s seat, loud singing, choral singing, exchanging insults,.

Talking back to the teacher, use of obscenity, insulting the teacher,. Standing up and telling stories to the class, wandering around the classroom,. Touching other students, and leaning into the hall and addressing passers-by.” None of this is conducive to an orderly lesson.

Federal Bullies Take On Bullying The White House’s discipline initiative has the potential to destroy any hope of learning in schools with minority students, but as a measure of the administration’s regulatory appetite, nothing beats its anti-bullying campaign. The executive branch has decided that school bullying is a problem of such epic dimensions that the Departments of Agriculture, Defense, Justice, Education, the Interior, and Health and Human Services are required to fight it, along with the Federal Trade Commission, the National Council on Disability, the Health Resources and Services Administration, the Office for Juvenile Justice and Delinquency Prevention, and the Centers for Disease Control and Prevention. The next time that someone complains about draconian federal budget cuts, ask him how a straitened interior-department staffer can find time in his overburdened days to attend federal interagency anti-bullying workgroups. What does an FTC lawyer know about preventing schoolyard bullying that a school principal in Tuscaloosa does not? That question is only slightly less embarrassing than the question: What is the constitutional basis for federal involvement in bullying? The understanding today is that if someone in the federal government sees a problem, it falls to the federal government to solve it—ideally, with an array of agencies, bureaucrats, lawyers, rule-making, lawsuits, and technical-assistance memos that would make the government effort in World War II look piecemeal. Homelite bandit st155 manual.

Students were cruelly taunting one another even as the drafters of the Constitution were meeting in 1781, yet those political visionaries somehow didn’t notice that the federal government should regulate bullying. What has changed? Certainly not the incidence of student sadism. To the contrary, federal data suggest that bullying may be waning. In the 1999–2000 school year, 29 percent of schools reported weekly bullying; by 2007–08, that number was down to 25 percent, according to the National Center for Education Statistics.

Nor is it the case that bullying is underaddressed. Forty-eight states require school districts to adopt detailed policies against bullying. Students at every level are routinely pulled from history and math classes to get anti-bullying training.

In fact, students are so aware of the issue that they now claim bullied status as the “defense du jour” if they don’t get their way, says Robert Breidenstein, superintendent of New York’s Salamanca School District. A partial list of institutions conducting anti-bullying campaigns includes the National Education Association (“Bully-Free: It Starts with Me”), the American Federation of Teachers (“See a Bully, Stop a Bully, Make a Difference”), the National PTA (“Connect for Respect”), the National School Boards Association, the National Association of Student Councils, the National Association of Elementary School Principals, the MacArthur Foundation, and Lady Gaga.

The media organizations with anti-bullying messages include ABC Family, the Ad Council, AOL, Facebook, MTV, Sesame Street, Seventeen, and Time Warner. What federal bureaucrats can add to these ongoing efforts is unclear. What has increased in recent years is gay political power and its importance to Democrats. The current anti-bullying blitz was initiated by Kevin Jennings, Obama’s initial assistant deputy secretary for the Office of Safe and Drug-Free Schools. Jennings had earlier founded the Gay, Lesbian and Straight Education Network (GLSEN) in 1990 to end bias against lesbian, gay, bisexual, and transgender students in “kindergarten through high school.” Though the federal bullying initiative encompasses some forms of bullying not directed against gays, its most prominent backers are in the gay advocacy establishment.

The anti-bullying crusade took off in October 2010, when the Department of Education’s assistant secretary for civil rights, Russlynn Ali, sent out a “guidance letter” about bullying to the nation’s 15,000 school districts. Though the letter purported only to clarify schools’ legal obligations regarding bullying, it in fact hugely expanded those obligations without going through the normal channels.

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The federal judiciary and bureaucracy had already taken it upon themselves to make schools liable to lawsuit for students’ bullying behavior, even though Congress has never addressed bullying. Ali’s guidance letter goes far beyond that judge-made law, however, opening schools up to lawsuits for bullying that they don’t even know about. Furthermore, even if a school has put an end to bullying against a particular victim and disciplined the perpetrators, it can still be sued if it has failed to send the “entire school community” (teachers, staff, students, and parents) to training sessions on its discrimination policies and its “expectations of tolerance”—especially, in the case of antigay harassment, regarding “gender stereotypes.” In the federal government’s view, some bullying victims are more equal than others, thanks to the selective coverage of the civil rights laws. If you’re a scrawny white boy teased for your big ears and lousy baseball skills, you are of no interest to the feds or the plaintiffs’ bar. If, however, you’re a scrawny white boy teased for being gay or for being a member of a racial or religious minority, you are a Class A bully victim, with an arsenal of potential federal causes of action against your school. As with the Obama administration’s discipline initiative, the main winners are the training industry and attorneys.

Scarce school funds that could be used for library books or field trips will now be siphoned off to equity consultants and lawyering fees.