Restorative Discipline in Schools

An introduction to restorative justice

based alternatives for

school discipline

Lee Copenhagen, LCSW

Tennyson High School 2012-13

Teaching today in California

Education finance under Prop 13 Population increases in Hayward

1980-2000= approx 50K more residents 2000-2010= only 4K Approx 30K 5-19 year old, about same for decade

Diversity over last decade Caucasian: drop of 10% African American & Asian; about same Latino/a: increase about 10%

Class Size has increased

New economic challenges since 70’s

Computers & telecommunications Outsourcing of jobs Doubling of US population Minorities and Women win legal right to participate

in workforce & enter enthusiastically Excess of labor causing private wages to freeze Easy & cheap credit Rates of unemployment & poverty increase 2008 collapse of housing industry

(Wolff, 2012)

Education funding

Diverse population

Rising achievement

What must be done to address the challenges in urban schools today:

Secure housing, food, & health care, so that children can come to school ready to learn each day

Supportive early learning environments Equitably funded schools which provide equitable

access to high-quality teaching Well-prepared & well-supported teachers & leaders Standards, curriculum, & assessments focused on

21st century learning goals Schools organized for in-depth student & teacher

learning (Darling-Hamond, 2010)

The role of discipline

“to teach or to train” Short term goal: stop inappropriate behavior Long term goal: take responsibility for own

behavior & learn self-discipline skills

The role of punishment

“Where did we ever get the crazy idea that to make people do better we first have to make them feel worse?” (Nelson, Lott & Glenn, 2000).

Obey when the enforcer is present Negative effects well documented Student blames punisher rather than taking

responsibility for the harm of their misbehavior

The shift in classroom management over 20 years

from focus on intervention-recognition & punishment of misbehavior

to focus on prevention through development of classroom communities in which norms are established & academic routines promote constructive work (Darling-Hammond & Bransford, 2005.

Behavioral approaches that emphasize good behavior and use punishments sparingly

Why look beyond behaviorism?

emphasis on controlling behavior often leads to resistance rather than buy-in

overuse of extrinsic rewards and sanctions can undermine intrinsic motivation

(so neither, self-maintenance of positive behavior, or self- responsibility skills, are developed in students.)

teachers need more than behavioral controls

How to manage well:

1. Creating meaningful curriculum & engaging pedagogy to support motivation,

2. Developing supportive learning communities,

3. Organizing & structuring the classroom,

4. Repairing and restoring behavior respectfully, and

5. Encouraging moral development.

(Darling-Hamond & Branford, 2005)

Dr. Terrence RobertsLittle Rock Nine Foundation

Do what it takes to make relationships

Build strong dyads Model learning Make a real

commitment:“I will do whatever it takes to help THS be a better school for our students”

The role of restorative discipline

Concerns with appropriate consequences Focus on empathy & repairing the harm Teaching the student needed skills As alternatives to retributive consequences

“Restorative Justice is a process to involve, to the extent possible, those who have a stake in a specific offense and to collectively identify and address harms, needs, obligations, in order to heal and put things as right as possible.” Howard Zehr, 2002

Definition of Restorative Justice

Shared interest

OffenderInterests

VictimInterests

SchoolCommunit

yInterests

Victim/Offender/Community

RJ in Colorado High School Video

http://vimeo.com/15006396

Click on above link or paste to browser

http://www.restorativejusticecolorado.org/restorative-justice-in-schools.html

Guiding questions

1. Who has been hurt?

2. What are their needs?

3. Whose obligations are they?

4. What are the causes?

5. Who has a ‘stake’ in this?

6. What is the appropriate process to involve the stakeholders to put things right?

(Zehr, 2002).

Restorative discipline:

Recognizes the purpose of the misbehavior Addresses the needs of those harmed Works to put things right Aims to improve the future Seeks to heal Uses the collaborative process

Stutzman & Mullet, 2005).

OUSD 3 Tiers

Punitive vs. RestorativeMisbehavior defined as breaking school rulesor letting the school down.

Misbehavior defined as harm (emotional/mental/physical) done to one person/group by another.

Focus is on what happened and establishingblame or guilt.

Focus on problem-solving by expressing feelings and needs and exploring how to address problems in the future.

Adversarial relationship and process. Includes an authority figure with the power to decide on penalty, in conflict with wrongdoer.

Dialogue and negotiation, with everyone involved in the communication and cooperation with each other.

Imposition of pain or unpleasantness to punishand deter/prevent.

Restitution as a means of restoring both parties, the goal being reconciliation and acknowledging responsibility for choices.

Attention to rules and adherence to dueprocess.

Attention to relationships and achievement of amutually desired outcome.

Conflict/wrongdoing represented as impersonaland abstract; individual versus school.

Conflict/wrongdoing recognized asinterpersonal conflicts with opportunity for learning.

One social injury compounded by another. Focus on repair of social injury/damage.

School community as spectators, represented by member of staff dealing with the situation; those directly affected uninvolved andpowerless.

School community involved in facilitating restoration; those affected taken into consideration; empowerment.

Accountability defined in terms of receivingpunishment.

Accountability defined as understanding impact of actions, taking responsibility for choices, and suggesting ways to repair harm.

Traditional Discipline

Based on a system of punishment and reward Not typically used as a teaching tool Makes the school culture adversarial Tends to support labeling of students:

bad and good kids Bandage approach with few lasting effects Victims get little from the process

Their Maladaptive Responses

The spectrum of things kids do when life’s demands exceed their capacity to respond adaptively:Cry, sulk, pout, whine, withdrawScreaming, swearing, spitting, hitting, kicking,

destroying property, lying, truancySelf-injurious behavior, self-induced vomiting, drinking

or using drugs to excess, stabbing, shooting

Some kids when pushed to their limits don’t have the skills “to hold it together”

Behavior 101

Antecedent Behavior Consequence

trigger response result• Positive consequences reward and reinforce behavior.• School discipline programs: Behavior that ‘works’ for the

student continues and maladaptive behavior is “gets” something desirable, or “escapes” or “avoids” something undesirable.

• But, punishments are seldom effective, and lose effect with repetition, even if progressively more harsh.

• What lagging skills are preventing the student from behaving adaptively?

Situational Analysis

Behind every challenging behavior is an unsolved problem or a lagging skill (or both).

Lagging skills (behavior) are the WHYUnsolved problems (triggers) are the WHO,

WHAT, WHEN & WHERENatural, punishing, and illogical consequences;

none teach cognitive lagging skills or help kids solve problems

Lagging Skills

Executive functioning Skills

Language processing skills

Cognitive flexibility skills

Social Skills(see Thinking Skills Inventory)

Orchestrating your class

“Research illustrates that classroom management relies as much on developing relationships and orchestrating a productive learning community as it does on determining consequences for inappropriate behavior”

(Darling-Hammond & Branford, 2005).

Crisis Response Institute’s Integrated Experience Model

Crisis Development/Behavior Levels

Staff Attitudes/Approaches

1. Anxiety: noticeable change in behavior

1. Supportive: empathic, nonjudgmental

2. Defensive: starting to lose rationality

2. Directive: re-direct, set limits

3. Acting-out: total loss of control 3. Nonviolent Crisis Intervention®

4. Tension Reduction: decrease in emotional energy

4. Therapeutic Response: attempt to re-establish communication

Handling Unmet Expectations

Plan A Adults impose their will on studentsGreatly increases the probability of acting-outAuthoritarian, Strict Father model

Plan CDropping expectations, temporarilyPassive model

Plan BResolving the problem in a realistic and collaborative

mannerAuthoritative, nurturing parent model

Plan B (s)

Emergency Plan BTimingEmpathy with “what’s up?”Reflective Listening

Proactive Plan B1.Empathy (plus reassurance)2.Define the problem3.Invitation “I wonder if there is a way…?”

What would Restorative Discipline look like?

Cooperative, supports community building, culture of mutual respect

Focus is on the behavior as a bad choice, not the student as a bad person

Restorative measures used as primary, traditional still available as last resort

Gives misbehavior a context, the students see how their actions affect others

Reduces the amount of time spent on disciplinary action because the root of the

problem is dealt with

Comparison of RJ Practices

Involves: Responds to:

Restorativediscussions

- Peer mentors- Teachers and other school staff- Members of the schoolcommunity

- Minor student worries- Minor disruptions- Need to debrief and discuss issues- Challenging situations- Worried parents- Disruptions- Interpersonal conflicts

Involves: Responds to:

Circles- Class groups- School council- Whole staff

- Class issues/harm within class- Problems affecting students- Staff issues

Involves: Responds to:

Mediation &conferencing

- Peer mediators-Teachers and other school staff- Trained facilitators- Family members

- Student conflicts/ Staff conflicts- Staff-student conflicts/ Staff-parent conflicts- Concerns about a student or behavior- Minor issues involving harm caused in a group of students- Minor issues involving harm/ disruption in a group of students- Issues needing parental involvement- Exclusion issues

Adapted from Transforming Conflict at http://w\w.transformin»connict-Qrg/Restorativc Approaches and Practices.htm.

(An aside on Zero Tolerance)

NAACP American Psychological Association Advancement Project & Harvard University

Schoolhouse to Jailhouse Pipeline ACLU

Where could we use RJ?

Classroom discipline Conflict Resolution Truancy Suspension Individual Education Plans Disciplinary Hearings

School-wide Strategies

2008 Denver Public Schools’ Strategies Administrative/Legal Restorative Skill-based Therapeutic

2009 San Francisco USD 2010 Oakland USD Alameda County Restorative Juvenile Justice

Strategic Plan 2009-2012

School-wide Strategy

Moderate Intervention & Reintegration

Whole School Practices that promote and strengthen a sense of belonging and ownership, healthy relationships between adults, between students, between adults and

students. Class meetings, values and guidelines. School values and guidelines

PreventionMinimal Intervention

Hallway Behaviors and Reminders

On the way to and from school

Routines and rituals

Restorative Conversations, Victim-Offender Dialog, Teacher-Student Dialogs

Family Group Conferences, Circles Of Support and Accountability

Routines and rituals, Hall monitors, Daily Class Check-Ins

5%

15 %

30%

50 %

Maximum Intervention & Reintegration

Denver Public Schools

DPS (cont.)

Why Restorative Justice?Evidence from Practices

Positive School Culture

Increase achievement and test scores

Reduced Suspensions

Attendance to disproportionate minority contact

Reduced Retaliation

Increased Student Accountability

Increased Family Involvement

Increased Teacher Retention

Transforming Conflict’s Model

What Are School Peacemaking Circles?

A Process for bringing students together as equals to talk about the offense

Provides an atmosphere of respect & concern for everyone

Face-to-face encounter to repair harm Led by trained Circle Keepers &

Participants decide Circle outcome

What are Circles? (cont.) Voluntary for victim Admission of responsibility by

offender Incident-based, behavior-based Looks at underlying causes Focuses on empowering

participants Comes to consensus agreement

KEEPER

HUMANSERVICES

PROBATIONOFFICER

SUPPORTER

OFFENDER

KEEPER

FAMILYMEMBER

COMMUNITYMEMBER

SUPPORTER

PEACEKEEPING CIRCLES

VICTIM

POLICE OFFICER

FAMILYMEMBER

COMMUNITYMEMBER

Where Circles Fit (Schools)

Circle Opportunity

ISS OR IMMEDIATEL

Y

PRE- RETURN TO CLASS,

PROGRAM

CLASSROOM ROLEPLAYS,

TEACH RJ SKILLS

SUSPENSION

EXPULSION

RE-ENTRY TO DISTRICT

Thanks to:

Illinois Criminal Justice Information Authority Minnesota Dept of Corrections National Institute of Corrections Oakland Unified School District Office of Juvenile Justice & Delinquency

Prevention Oxford Hills School District, Maine University of Minnesota School of Social

Work

ReferencesACLU of Northern California. (2010). Discipline in California

Schools: Legal requirements and positive school environments.

Amstutz, L. S. & Mullet, J. J. (2005). The Little Book of Restorative Discipline for schools: Teaching responsibility; creating caring climates.

California Legislative Analysts Office (2011). Calfacts. Online at http://www.lao.ca.gov/laoapp/PubDetails.aspx?id=2381

Chapman, J. (2009). Prop 13: Some unintended consequences. Public Policy Insitute of California. Online at http://www.ppic.org/main/publication.asp?i=116

Claassen, R. & Claassen, R. (1996). Making Things Right:32 activities teach conflict resolution & mediation skills.

Darling-Hammond, L. (2010). The Flat World and Education: How

America’s commitment to equity will determine our future.

Darling-Hammond, L., & Branford, J. (Eds.).(2005). Preparing Teachers for a Changing World: What Teachers Should Learn and Be Able to do.

Goldstein, A. P., Glick, B. & Gibbs J. C. (1998)..Aggression Replacement Training: A comprehensive intervention for aggressive youth, (Rev. Ed).

Greene, R. W. (2008). Behavioral Challenges Are Falling Through the Cracks and How Lost at School: Why our kids with we can help find them.

Greene, R W. & Ablon,J. S. (2006). Treating Explosive Kids: The Collaborative Problem-Solving Approach

Hopkins, B. (2004). Just Schools: A whole school approach to restorative justice.

Kohn, A. (2006). Beyond Discipline: From compliance to community, 2nd

Ed.

Nelson, J., Lott,Lynn, & Glenn, H. S. (1993). Positive Discipline in the Classroom: Developing mutual respect, cooperation and

responsibilityin your classroom.

State of Illinois, (2008). Implementing Restorative Justice: A guide for schools.

Wolff, R. (2012) Occupy the Economy: Challenging capitalism.

Zehr, H. (2002). Little Book of Restorative Justice.

Expect miracles

Lee Copenhagen, MSW, LCSW, is a nationally certified

restorative justice trainer and practitioner who has conducted

trainings in victim offender dialog, circle keeping, mediation,

delinquency prevention, and restorative justice. Lee has been

working on high school campuses for over twenty-five years in

many different roles including juvenile investigator, youth

probation officer, social worker, youth gang researcher,

teacher, counselor, family therapist, and parent.

www.cojustice.org