|
|
|
The Burden of Law, Legal Fear, and Undisciplined Schools Reflecting an increasingly litigious America, challenges to school authority are spreading beyond mere constitutional issues.
- After 1975, free expression and protest each accounted for only 4% of the student infractions that went to court - six times less than in the period between 1968 and 1975, oftentimes referred to as the "student rights contestation period."
- General misbehavior comprised 50% of student discipline cases between 1976 and 1992.
- Drug and alcohol-related infractions were involved in 22% of the cases between 1976 and 1992 - more than double their representation during the period between 1968 and 1975.
- Similarly, violence and weapons combined to account for 20% of cases - nearly twice their proportion during the period between 1968 and 1975.
Richard Arum, Judging School Discipline, 2003, pp. 58-59
The lack of school discipline has a frightening effect on our children.
- According to a September 2003 report in the Journal of Urban Health, 15% of children reported feeling unsafe in school, while only 8% felt the same way outside of school.
- In the same study, nearly 31% of all children said their schoolmates "get away with anything."
- From 1993 to 2003, the percentage of students who missed at least one day of school due to safety concerns increased from 4.4% to 5.4%.
Burdened by law and legal fear, the current discipline system is inhibiting the effectiveness of our educators.
- 85% of both teachers and principals think that reducing the availability of legal challenges to day-to-day management and disciplinary decisions would help improve the quality of education in their schools.
- 66% of principals and 63% of superintendents at least somewhat agree that there is so much focus on documentation and due process that it is difficult to take action against students who are discipline problems.
Having good school discipline is an important aspect of a quality school.
- 97% of teachers and 78% of parents said good discipline and behavior are prerequisite for a successful school.
The lack of school discipline is taking its toll.
- The vast majority of both teachers (85%) and parents (73%) say the school experience of most students suffers at the expense of a few chronic offenders.
- Nearly 8 in 10 teachers (78%) reported that their school has students who should be removed and sent to alternative schools.
- 1 in 3 teachers said colleagues had left their school because student discipline was such a challenge, and the same number personally considered leaving.
- 20% of parents said that they have considered moving their child to another school or have done so already because discipline and behavior was such a problem.
The common good is suffering at the hands of legal fear.
- Nearly 8 in 10 teachers (78%) said students are quick to remind them that they have rights or that their parents can sue.
- More than half of teachers (52%) say behavior problems often stem from teachers who are soft on discipline "because they can't count on parents or schools to support them."
- More than half of teachers (55%) said that districts backing down from assertive parents causes discipline problems in the nation's schools.
The return to discipline requires a common sense approach: Free our schools from the burden of law.
- 82% of teachers and 78% of parents strongly or somewhat support limiting lawsuits to serious situations like expulsion.
- 84% of teachers and 70% of parents strongly or somewhat support giving principals a lot more authority to handle discipline issues as they see fit.
- 91% of teachers and 88% of parents strongly or somewhat support an approach of strictly enforcing little rules so the right tone is created and bigger problems are avoided.
| |
