Key Points:
- DOJ is requiring USD 259 to put in place a new code of conduct.
- The code establishes three levels of violations.
- Focus is on consistency in discipline across the district.
In response to charges of discrimination by staff of Wichita Public Schools, it’s the district’s students that are getting a new policy, not district’s staff.
After the U.S. Dept. of Justice announced that a civil rights investigation found district staff engaged in a “pattern of discrimination against Black and disabled students,” many community members were hoping for corrective policies directed at the teachers, not at the students.
Instead, the district announced a new “code of conduct” for students, not teachers.
Wichita Public Schools Board member Melody McCray-Miller says the policy is for teachers and it benefits students.
“It’s actually a code of conduct better outlined and designed to protect the rights of students,” said McCray-Miller.
The policy establishes well-defined and strict standards for discipline that must be followed in issuing discipline. The new policy leaves little room for flexibility in how discipline is applied across the district.
“Before, there was all kinds of discretion,” said McCray-Miller. “That’s the reason why from building to building the rates of disparities were so different, because there was no consistent consequence that everyone had to recognize. So, now the code of conduct is very explicit.”
Developing a better code of conduct was a requirement of the district’s settlement agreement with the DOJ. The settlement also requires the district to solicit, receive and consider community input on the policy.
Family and community members can read and comment on the 16-page policy on the district’s website, www.usd259.org/code. They can also learn more about the policy, ask questions and share their likes and dislikes about the policy at a final community meeting on Wed., Sept. 25, 6 p.m. at the USD 259 School Service Center, 3850 N. Hydraulic.
District officials plan to submit the new code of conduct to the DOJ for review by Oct. 15. If it’s accepted, they will roll it out districtwide in January.
“It’s a lot, but it is more than what we had and we have an opportunity to actually do it right and reduce these ridiculous disparities [in discipline] we see,” said McCray-Miller.
Code of Conduct Basic
The draft code of conduct categorizes student violations into three levels. As defined:
Level 1 – offenses do not threaten safety or significantly disrupt a school activity
Level 2 – offense significantly disrupts an activity
Level 3 – pose a threat to safety
The document also digs into categories of offenses, further defines actions/subcategories within each of these categories and sets a level of violation for each offense.
For example, offenses under the drug-related category are broken down into four subcategories. Possession of marijuana paraphernalia is a Level 1 offense, possession of drugs is a Level 2 offense, and smoking marijuana and selling marijuana and other illicit drugs are both Level 3 offenses.
The policy also clearly defines the “response/interventions” that can be given to students whose conduct violates the district’s new code.
There are 17 responses that can be given to Level 1 offenses, including a calm-down walk, confiscating items, loss of privileges, parent/guardian contact, mentoring, restitution, preferential seating and meaningful job.
What is a Level 1 offense? Here are a few examples: insubordination, lying, disruptive behavior, theft, truancy, vandalism, and academic misconduct.
Even with Level 2 offenses, the punishment, i.e. response and interventions, focus on keeping students in school. At this level, the responses include corrective actions designed to address the inappropriate behavior. Examples of responses/interventions at this level include development of a behavior contract, referral to the district’s General Education Intervention Team, bus suspension, detention, development of a behavior intervention plan, conference with student and parent, and in-school suspension.
Repeated Level 1 offenses can raise those offenses to Level 2.
McCray-Miller says the interventions are the key to the program’s success. In the past, she says, students would be sent to the office, nothing would be done and they would be sent back to the classroom and do the same thing again.
“You’re not trying to intervene and correct the behaviors,” said McCray-Miller. “Now, we have what’s called behavioral intervention protocols.”
Level 3 offenses, which rise to the level of safety concerns, call for out-of-school suspensions and even expulsions.
Implementation
“The goal for the document is to provide equity, consistency and clarity,” said Vince Evans, assistant superintendent of student support services.
But, he admits the program still allows for some flexibility in teacher application. “Because we know situations are unique, and we know we need to rely on the professional judgment of our staff.”
As part of the settlement agreement, the district will be tracking disciplinary actions and compiling them into a report submitted regularly to the DOJ. To prepare the report, all disciplinary actions will be recorded in the district’s Synergy system.
McCray-Miller is pleased with the data gathering and wants to make sure it’s shared with the schools and with the staff. While not specifically with names attached, she’s hoping there’s a mechanism that will allow the teachers to see how their disciplinary actions compare to others across the district.
“The buildings need to know where they are. They need to know they’re the ones that are sending the majority of students,” said McCray-Miller.