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Discipline, the Achievement Gap and the Law

Urban Education, May 2004

CG Education Advisory Board Member Richard Arum's new book, Judging School Discipline: The Crisis of Moral Authority, continues to receive praise from experts in the field of education. A review in the May 2004 edition of Urban Education (an academic journal) praises the book for avoiding standard ideological positions to arrive at a groundbreaking analysis:

"Arum's careful analysis of school discipline becomes so focused and revealing that the ideological boundaries of the debate seem almost to have been suspended. The result is a rich and original book, bold, important, useful, and--as this combination of attributes might suggest--surprising."

The reviewer, Steven VanderStaay, a professor at Western Washington University, points specifically to Arum's analysis of "the relation of African American students' test scores to school discipline."

"Results suggest that for African-American students, achievement may be provocatively associated with a disciplinary context perceived as both strict and fair. . . . [Arum writes,] '[T]hese racial differences in the association between school discipline and test score results have increased significance owing to related racial differences in reports of the level of strictness of school discipline. Specifically, African-American students were more likely than white students to experience school settings that were either the most lenient or the strictest--settings often perceived as unfair and thus poorly designed for cognitive development.'"

The reviewer continues:

"I could find no research devoted to this point or to Arum's question of how achievement may be related to a school's disciplinary climate. In this sense, although not unexpected, Arum and [co-researcher] Way's finding is nonetheless remarkable. After all, the Black-White test score gap is widely recognized as the most important education problem of the age. Given the scores of researchers who have previously analyzed these data sets, why has no one else noticed that the gap may disappear under disciplinary settings that Black students recognize as strict and fair?"

Arum's book, VanderStaay says, explores "how this situation came to be. That is, inasmuch as an overly lenient school context may be as deleterious as an overly punitive one, why do we attend to one extreme and not the other? If we've long known the advantages of a 'warm but firm' disciplinary context, why is it that firmness in school discipline is more objected to than supported?"

A sociologist, Arum "anchors his study of school discipline in Durkheim."

"[Dukheim] asserted that school rules needed to be internalized by children before they are followed and that both fairness and punishment have a role to play in this internalization: fairness because internalization depends on a child's acceptance of a rule as legitimate, and punishment because it provides the backing that shores up the rule. Durkheim states, 'It is not punishment that gives discipline its authority; but it is punishment that prevents discipline from losing this authority which infractions, if they went unpunished, would progressively erode.'"

How did school discipline lose its authority? To answer this question, Arum turned to an exploration of the institutional and legal environment surrounding education. Working with Irenee R. Beattie, he identified and analyzed "'every court case that made its way to the state and federal appellate courts and involved contestation of school discipline' between 1946 and 1992"--more than 1,200 in all. From this analysis, Arum was able to outline "several distinct historic periods of court climates related to school discipline."

"Relatively few challenges to school disciplinary procedures occurred prior to 1965. . . . [T]he period from 1969 to 1975 saw the greatest increase in legal challenges to school disciplinary practices. This period, which Arum and Beattie call 'the students rights contestation period,' was heavily influenced by the civil rights movement and the broader societal expansion of individual rights. In the most important case of the period, Goss v. Lopez (1975), the U.S. Court extended due process guarantees to students facing suspensions. In the authors' view, the upshot of this period . . . was to take authority for school disciplinary practices away from the schools and transfer it to the courts. This 'produced skepticism about the legitimacy of school disciplinary practices' and 'undermined teachers' willingness to exercise authority' (p. 3), creating an 'organizational legacy' of weak schools unable to establish safe, orderly, and educative classroom climates. (Interestingly, Arum notes that this legacy is as much a product of perception as precedent. In his view, schools, although weakened by the case law in this period, retain more authority over disciplinary practices than they tend to assert."

In later chapters of his book, Arum also draws attention to the "counterproductive nature of zero-tolerance practices and other authoritarian measures that students recognize as strict but not fair."

"Most importantly," VanderStaay writes, "Arum keeps before the reader the singular insight that students perform best in school disciplinary contexts that are orderly, strict, and fair, and that, when asked, students describe the desirability of such contexts."

The review concludes by briefly exploring some of the implications of Arums book--most notably, the question of whether rules intended to create fairness in public education are, today, serving the intended beneficiaries.

"The weight of evidence and argument presented in Judging School Discipline raises the larger question of whether interventions designed to prevent harm and stop oppression have reached a point of diminishing return for the students they seek to serve. . . . Have we reached a point in history where such students are better served by approaches designed to foster achievement and resilience?"

***

Richard Arum is Associate Professor of Sociology and Chair of the Department of Humanities and Social Sciences in the Professions at New York University. He is the author of Judging School Discipline: The Crisis of Moral Authority in American Schools (Harvard, 2003), which examines decades of evidence to uncover how the developing legal context has shaped school discipline. Mr. Arum has also published in numerous scholarly journals, including the Annual Review of Sociology, Sociology of Education, and American Sociological Review. He holds a Ph.D. in Sociology from the University of California, Berkeley, and a M.Ed. in Teaching and Curriculum from the Harvard University Graduate School of Education. Mr. Arum worked for six years as a teacher in the Oakland Public Schools.

Steven L. VanderStaay is an associate professor in the Department of English at Western Washington University, Bellingham, where he teaches courses in language arts methods, literature, and linguistics.