When Traditional Disciplinary Actions Don’t Work, Restorative Justice Can Bring About the Healing Process

Professor Carolyn Boyes-Watson remembers getting a call from distressed administrators at a Boston high school: “We have so many girls fighting,” they said, “we’re picking up clumps of hair in the hallways.”

Students were yanking each other’s hair out while brawling in the school’s corridors and cafeteria, and administrators couldn’t figure out how to make the violence stop.

So they called in Boyes-Watson, a sociology professor at Suffolk University in Boston, to train students and teachers in a conflict-resolution practice known as restorative justice. Drawing from Native American traditions, the concept uses ritualized dialogue to try to mend broken communities. Participants gather in circles to try to resolve problems through discussion, rather than retribution.

Across the country, more and more schools are turning to restorative justice as they realize that traditional disciplinary measures — suspensions and expulsions — often don’t deter misbehavior, but can instead set troubled students up for failure by further disengaging them from school.

While traditional justice systems are based on punishing perpetrators (usually by ostracizing or isolating them), restorative justice focuses on healing the harm that has been inflicted — personally and community-wide. Restorative justice programs in schools seek to establish cultures of openness, communication and respect.

Boyes-Watson helped the Boston school set up a practice in which groups of students and teachers met regularly to discuss problems while sitting in a circle. “The kids absolutely take to the circle immediately,” Boyes-Watson says. “They treat each other better. They’re kinder to one another. They feel a sense of belonging and connection. It’s really quite simple. … It’s a small intervention that makes such a powerful difference.”

The effect was transformative. By the following year, the school had solved the problem of girls fighting — no more brawls in the halls.

With similar results being reproduced in other schools, restorative justice is catching on nationwide: Schools in California, New York, Pennsylvania, Colorado, Illinois and Minnesota are using the practice. Even the federal government is getting on board.

Earlier this year, the Obama administration released new school discipline guidelines asking administrators to move away from zero-tolerance discipline and begin using alternative measures like restorative justice. Secretary of Education Arne Duncan noted that suspensions often lead to additional disciplinary action, repeating grades, dropping out and ending up in the juvenile justice system. Restorative justice seeks to change that trajectory, known as the school-to-prison pipeline.

DIVERTING THE PIPELINE

The growth of restorative justice in schools comes in response to the failure of zero-tolerance discipline, which uses removal from school as a punishment. During the 1990s, suspensions and expulsions became increasingly popular, paralleling a dramatic increase in the country’s prison population as a result of the War on Drugs.

Initially, zero-tolerance discipline was focused on the most extreme offenses: guns and drugs in school. “But what happened over the years was that morphed into including more and more things into what were zero-tolerance offenses,“ says Dr. Martha Schiff, a restorative justice expert at Florida Atlantic University in Boca Raton, Fla., including bringing nail clippers or butter knives to school.

Not surprisingly, the number of suspensions and expulsions has nearly doubled since 1974.

Disproportionately, students of color have been the recipients of those punishments. Nationwide, while 17 percent of school-age children are black, African-American students comprise 37 percent of suspensions and 35 percent of expulsions. Additionally, black students are suspended or expelled at a rate three times that of white students.

“Kids who should have been in school were being systematically kicked out and winding up in the justice system,” says Schiff. A name for this dynamic emerged — the school-to-prison pipeline — highlighting the parallel failures of school discipline and the justice system, in which African-Americans are disproportionately incarcerated.

Now, as restorative justice takes root in schools, studies are showing that it does reduce suspensions and expulsions — often quite dramatically. Whether the practice addresses the racial disparities in school discipline is a question that requires further study, says Schiff.

Not everyone is sold on restorative justice. Annalise Acorn, a law professor at the University of Alberta in Edmonton, Canada, has written a book-length critique, arguing that the practice can traumatize victims and allow unrepentant offenders to fake their way out of trouble. And Dr. Hilary Cremin, a senior lecturer at the University of Cambridge in England, warns that restorative justice is not a panacea and must be implemented carefully in order to avoid causing more harm than good.

At the moment, however, critical voices are in the minority. “I’ve never seen the momentum and groundswell around it quite like it is now,” says Schiff.

MAKING IT RIGHT

In Oakland, Calif., the entire school district has adopted restorative justice practices, after seeing dramatic results at a single troubled middle school.

In 2005, Cole Middle School was in crisis. Student behavior at the school — located in West Oakland, a low-income, high-crime neighborhood — was out of control despite aggressive disciplinary tactics. The school had a suspension rate nearly five times higher than the district average and was expelling four times as many students.

Fania Davis, head of the organization Restorative Justice for Oakland Youth, helped the school implement restorative justice circles. In a single year, suspensions dropped by 87 percent and not a single student was expelled.

“In our first pilot, we were able to completely eliminate violence,” says Davis. Principals took notice, and by 2011 the Oakland Unified School District had hired a district-wide program manager to help administrators and teachers bring restorative justice into their schools.

According to David Yusem, Restorative Justice’s program manager, schools first establish dialogue circles as a regular practice in classrooms. Students sit with their teachers and establish group values, creating a space to connect and speak personally about events in school or in their lives. Circle members talk one at a time — without interruption — passing a “talking piece,” an object indicating whose turn it is to speak.

On their own, dialogue circles have a dramatic impact, says Ina Bendich, of the Restorative Justice Training Institute in Berkeley, Calif. “Eighty-five percent of your problems will be taken care of when you really focus on community building,” she says.

For the other 15 percent of problems, schools use response-to-harm circles, designed to address the aftermath of specific conflicts, like two students fighting, or a student yelling at a teacher. With these, the affected parties talk about what happened and what they were feeling at the time.

“It gives the person who did the harm a chance to make it right, rather than pushing them out of school,” explains Yusem.

Taking responsibility for one’s actions can include things like public apologies or community service, or a modified form of a traditional punishment, such as in-school suspension instead of removal.

Kris Miner, executive director of St. Croix Valley Restorative Justice in River Falls, Wis., says she helped facilitate a healing circle that included parents, students and school staff after a white 11th-grader used the N-word and nearly got into a fistfight with a black student.

As the talking piece went around the circle, one father, a corrections officer, spoke about how damaging racial slurs can be and how, in prison, they can get you killed. A Latina guidance counselor talked about being called a “wetback” and a “spic.”

The circle created an opportunity for reconciliation for all parties involved — a moment that never would have occurred if the offending student had simply been removed from school.

The student who had used the racial slur became more and more emotional as people spoke. “I am so sorry that I said that,” he said, tearing up. “I will never say that word again.”

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Look What Happens When Venture Capitalists Get Behind School Reform

Chris Torres credits his high school with setting him on the path to his current job at Google. He’s a graduate of the Denver School of Science and Technology, or DSST, an open-enrollment science-and-math public school on two campuses in Denver. Founded by a former principal, DSST aims to bring quantitative education to more minority and underserved students, who typically don’t go on to careers in these fields.
Torres, 24, graduated in 2008, went on to Stanford University — the first in his family to go to college — and is now a partner operations manager at Google. He cites DSST’s teachers and staff for their help pointing him toward a career in technology, including teaching him to think creatively and guiding him toward a summer program at the Massachusetts Institute of Technology.
“The rigorous curriculum, while difficult at the time, had me as prepared as I could’ve been to take on a full engineering course load at university,” says Torres, who now lives in San Francisco.
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If Torres owes some of his success to DSST, the school owes something to NewSchools Venture Fund. When DSST was expanding, it turned to NewSchools, a venture-philanthropy organization based in Oakland, Calif., that funds businesses and nonprofits working with public schools. DSST founder Jacqueline Sullivan met Deborah McGriff, a managing director at NewSchools, when they served on a National Science Foundation committee together.
“We supported their scale-up because of their outstanding early results, particularly related to college readiness and success in STEM,” says Gloria Lee, NewSchools’ president and chief operating officer. The venture fund invested $1.345 million in DSST beginning in 2009. So far, NewSchools says, DSST’s Stapleton campus has a 100 percent college admissions rate for its graduates, with one in three choosing to major in math or science.
Over the last 15 years, NewSchools has invested some $250 million in 150 technology companies, schools and other entities. Founded in 1998 by education entrepreneur Kim Smith and venture capitalists John Doerr and Brook Byers of Kleiner Perkins Caufield & Byers, it has a seed fund designed for education startups.
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NewSchools finances charter school networks like KIPP, Match and Uncommon Schools. More recently the group has launched city-based funds to hone in on charter schools, community nonprofits and education-focused businesses in Washington, D.C.; Newark, N.J.; Boston; and Oakland, Calif.
NewSchools also has a Learning to Teach program that helps connect principals and teachers with the latest thinking and research on teacher training, centered around a conference the group runs biannually. Learning to Teach is helping set up teacher-training programs along new lines, mainly outside of graduate schools of education. Their new certification programs use different models, like mirroring medical residencies or using technology to give trainee teachers feedback on their techniques.
“We believe that entrepreneurs can move faster and more dramatically in ways that existing systems can’t,” Lee says.
Although she took her current position three years ago, Lee was involved with NewSchools from its inception. She was a second-year business school student at Stanford when Doerr came to campus to discuss his idea of starting a fund to help entrepreneurs transform education for underserved students. “Kim Smith went up to him after the talk and said, ‘I’ll write the business plan with you,’” Lee recalls. “She reached out to me, and I helped, as an independent-study project.” After graduation, while Smith stayed to start NewSchools, Lee went to work for the consulting firm McKinsey & Company as a management consultant, then left to help start Aspire Public Schools — which became NewSchools’ first charter-school investment.
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Executives connected to NewSchools can be found throughout the education world. Joanne Weiss, formerly the group’s chief operating officer, left in 2009 to run the Race to the Top Fund, the federal Department of Education’s $4.35 billion interstate school-reform competition. She is now chief of staff to Secretary of Education Arne Duncan. In October, the White House announced that President Obama will nominate Ted Mitchell, the CEO of NewSchools, to be Under Secretary of Education.
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As with all institutions, public schools, which came into being more than a century ago, don’t always function the way they should. But critics, including charter-school detractors, say that NewSchools, and other funding organizations like it, have no business trying to change public schools from the outside, without regard to the parents, teachers or voters most closely allied to the schools. NewSchools counters that its programs aim to fill the gap between what exists and what education reformers think ought to exist in schools.
“NewSchools invests in things that if you were starting now and you were trying to attack X or Y problem, you would do it differently,” says Jal D. Mehta, an associate professor at Harvard’s Graduate School of Education, who studies how to create high-quality schools.
The NewSchools model depends on connecting their portfolio companies to one another. Companies belonging to the NewSchools seed fund get a network of advisers who consult with the startups on business issues like health-care plans, modeled after “keiretsu,” the cooperation among Japanese companies with interrelated owners. Jennifer Carolan, a former teacher who is managing director of the seed fund, checks in with her investments frequently, sending around research papers to the CEOs and connecting them to services and advice if they need it. It’s the same system John Doerr used at Kleiner Perkins, adapted to the education market.
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“Jen has brought some of the best practices of teaching into the entrepreneurial community,” says Betsy Corcoran, CEO of EdSurge, an education-technology firm that aims to help teachers connect with companies developing products for schools. In the summer of 2012, NewSchools invested $100,000 into EdSurge, based in Burlingame, Calif., as part of a $400,000 pre-seed funding round that also included the Washington Post Co. and several Silicon Valley angel investors.
For Corcoran, a longtime tech journalist who co-founded EdSurge in 2010, NewSchools’ investment gave her fledgling company an imprimatur of legitimacy, she says.
“It brings a web of connections, a sense that they really have done diligence on the companies and they believe there’s a mission as well as an emerging business model,” Corcoran says. “That level of credibility is at least as important as the actual money they’re giving you.”
With that seed money, EdSurge has continued to build its community of teachers and entrepreneurs. The website now has an index of some 700 education-technology products, with reviews. The company’s first summit in November 2013 in Mountain View, Calif., featured 600 teachers examining education-technology offerings from 30 companies and filling out 1,500 feedback forms, which will appear on the site.
Speaking at the event, Jennifer Carolan told the assembled teachers, “You have an enormous impact on our children, and it is my sincere hope that we can make your job just a tiny bit easier with some of the tools that you’ll see here today.”
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The Big City School District That Has Education Reformers Talking

The L.A. Unified school district is improving faster than other large, urban school systems. U.S. Secretary of Education Arne Duncan says that L.A. is among the districts that set an example for the entire country on what can be accomplished when schools embrace reform. Duncan credits the district’s progress to its transformation of the recruiting and training process for teachers and principals. The district has put demanding teaching standards in place, and in part links teacher evaluations to test scores. Duncan says that the “ambitious, courageous, and sometimes controversial reforms” are working for the district’s students — the ultimate goal and highest mark of success for any education reform.