WILDWOOD, Missouri — A middle school student in Missouri had trouble collecting images of people’s eyes for an art project. An elementary schooler in the same district couldn’t access a picture of record-breaking sprinter Florence Griffith Joyner to add to a writing assignment. A high school junior couldn’t read analyses of the Greek classic “The Odyssey” for her language arts class. An eighth grader was blocked repeatedly while researching trans rights.

All of these students saw the same message in their web browsers as they tried to complete their work: “The site you have requested has been blocked because it does not comply with the filtering requirements as described by the Children’s Internet Protection Act (CIPA) or Rockwood School District.”

CIPA, a federal law passed in 2000, requires schools seeking subsidized internet access to keep students from seeing obscene or harmful images online—especially porn. 

School districts all over the country, like Rockwood in the western suburbs of St. Louis, go much further, limiting not only what images students can see but what words they can read. Records obtained from 16 districts in 11 different states show just how broadly schools block content, forcing students to jump through hoops to complete assignments and keeping them from resources that could support their health and safety.

Some of the censorship inhibits the ability to do basic research on sites like Wikipedia and Quora. Students have been blocked from going to websites that web-filtering software categorizes as “education,” “news,” or “informational.” But even more concerning, especially for some students who spoke with The Markup, are blocks against sex education, abortion information, and resources for LGBTQ+ teens—including suicide prevention.

Virtually all school districts buy web filters from companies that sort the internet into categories. Districts decide which categories to block, often making those selections without a complete understanding of the universe of websites under each label—information that the filtering companies consider proprietary. This necessarily leads to overblocking, and The Markup found that districts routinely have to create new, custom categories to allow certain websites on a case-by-case basis. Students and teachers, meanwhile, suffer the consequences of overzealous filtering.

The filters did sometimes keep students from seeing pornographic images, but far more often they kept students from playing online games, browsing social media, and using the internet for legitimate academic work. Records from the 16 districts include blocks that students wouldn’t necessarily notice, representing just elements of a page, like an ad or an image, rather than the entire site, but they reveal that districts’ filters collectively logged over 1.9 billion blocks in just a month.

Related: How AI could transform the way schools test kids

“We’re basically trapped in this bubble, and they’re deciding what we can and can’t see,” said 18-year-old Ali Siddiqui, a senior at a San Francisco Bay Area high school.

The Markup requested records from 26 school districts. Many we selected because they had made headlines for banning library books; others we chose because government records showed they had purchased web filters or because they were mentioned by students interviewed for this article. Although 10 districts did not release the records—almost all claiming it would compromise their cybersecurity—we were still able to compile one of the most comprehensive datasets yet showing how U.S. schools censor the internet.

The blocks raise questions about whether schools’ online censorship runs afoul of constitutional law and federal guidance. The Markup’s investigation revealed that some districts, including Rockwood, continue to block content that’s supportive of LGBTQ+ teens while leaving anti-LGBTQ+ content accessible, something a Missouri court ruled was unconstitutional over a decade ago. What’s more, many districts completely block social media sites, something the Federal Communications Commission said in 2011 was inconsistent with CIPA.

The districts examined by The Markup varied significantly in what they blocked. While many districts blocked YouTube and most blocked social media, only a handful blocked sex education websites.

Catherine Ross, professor emeritus of law at George Washington University and author of a book on school censorship, called the blocks “a very serious concern—particularly for those whose only access is through sites that are controlled by the school,” whether that access is limited because they can’t afford it at home or simply can’t get it.

“We’re setting up a system in which students, by the accident of geography, are getting very different kinds of education,” Ross said. “Do we really want that to be the case? Is that fair?”

Related: Why schools’ efforts to block the Internet are so laughably lame

Survey data show how these inequities play out. The Center for Democracy and Technology asked teachers last year whether internet filtering and blocking can make it harder for students to complete assignments. Among teachers in schools with high rates of poverty, 62 percent said yes; among teachers in schools with lower rates, 50 percent said the same.

Though banned books get more attention than blocked websites in schools, some groups are fighting back. Students in Texas are supporting a state law that would limit what schools can censor, and the American Library Association hosts Banned Websites Awareness Day each fall. The ACLU continues to fight the issue at the local level more than a decade after wrapping up its national “Don’t Filter Me” campaign against school web blocks of resources for the LGBTQ+ community. Yet as the culture wars play out in U.S. schools, Brian Klosterboer, an attorney with the ACLU of Texas, said there are signs the problem is getting worse. “I’m worried there’s a lot more content filtering reemerging.”

“Human sexuality”

When Grace Steldt was in eighth grade in the Rockwood School District, she had to do a research project and decided to study trans rights. As someone who identifies as queer, she was particularly interested in the transgender community’s battle for civil rights. Steldt, now a sophomore, remembers having to do much of her research on her phone to get around the district’s web filter.

She also remembers that one of her teachers that year had a poster on her wall about The Trevor Project, whose site offers suicide prevention resources specifically for LGBTQ+ young people. The teacher wanted students to know her room was a safe space and that there was help available.

But the Rockwood web filter blocks The Trevor Project for middle schoolers, meaning that Steldt couldn’t have accessed it on the school network. Same for It Gets Better, a global nonprofit that aims to uplift and empower LGBTQ+ youth, and The LGBTQ+ Victory Fund, which supports openly LGBTQ+ candidates for public office nationwide. At the same time, the filter allows Rockwood students to see anti-LGBTQ+ information online from fundamentalist Christian group Focus on the Family and the Alliance Defending Freedom, a legal nonprofit the Southern Poverty Law Center labeled an anti-LGBTQ+ hate group in 2016.

Bob Deneau, the school district’s chief information officer, said his department works with teachers to determine the curricular benefit of unblocking certain categories. “When we look at it, we say, ‘Is there educational purpose?’” he explained.

Related: Is early childhood education ready for AI?

The policy is to block first and only unblock in the face of a compelling case.

Rockwood did unblock some LGBTQ+ sites for high schoolers, including The Trevor Project and It Gets Better, in response to individual requests, but they remain blocked for middle and elementary schoolers, and the district records listed some thwarted attempts to visit the sites.

Rockwood School District gets its web-filtering platform, ContentKeeper, from a company called Impero, which, in 2021, was reportedly used by over 300 school districts in the U.S. One of its filter categories is called “human sexuality,” and it captures informational resources, support websites, and entertainment news designed for the LGBTQ+ community.

Even though the ACLU’s “Don’t Filter Me” campaign, launched in 2011, urged filtering companies to get rid of LGBTQ+ categories, The Markup investigation found that ContentKeeper and a filter from a company called Securly both still use them. Securly is one of the most popular web filters, used in more than 20,000 schools, and its “sexual content” category covers “websites about sexual health and LGBTQ+ advocacy websites.” Despite the category name, it is not designed to include porn.

Two other filtering companies represented in The Markup’s dataset, iboss and Lightspeed, removed similar categories in response to the ACLU campaign. Lightspeed says it serves 28,000 schools globally; while iboss doesn’t offer school-specific numbers, it works with more than 4,000 organizations worldwide.

The ACLU campaign didn’t focus only on filtering companies. It also pressured districts to unblock the categories themselves. Missouri’s Camdenton R-III School District refused, and the ACLU took it to court. Attorneys argued the district’s filter amounted to viewpoint discrimination, blocking access to supportive LGBTQ+ information while allowing access to anti-LGBTQ+ sites. They won.

Yet complaints have continued. Cameron Samuels first encountered blocks to LGBTQ+ web pages during the 2018–19 school year while working on a class project as a ninth grader in Texas’ Katy Independent School District. Like Rockwood, Katy uses ContentKeeper to filter the web; to Samuels, the LGBTQ+ category of blocks felt like a personal attack. Not only did Samuels find that the LGBTQ+ news source The Advocate was blocked, the teen also couldn’t visit The Trevor Project.

“The district was blocking access to potentially lifesaving resources for me and my LGBT identity,” Samuels said.

By senior year, Samuels was ready to challenge the whole filter category, having gained confidence and experience in community organizing. The ACLU of Texas got involved, helping Samuels file a grievance with Katy ISD. District administrators ruled against them, but the school board ruled in Samuels’ favor on appeal, unblocking the entire “human sexuality” category for high schoolers.

Related: How flawed IQ tests prevent kids from getting help in school

Still, the category remains blocked for younger students, and Anne Russey wants to change that. A mom of two elementary schoolers in Katy ISD and a professional therapist for LGBTQ+ adults, Russey first filed tech support tickets to ask for individual websites to be unblocked. After being denied, she escalated her fight through the same grievance process Samuels took, but the school board would not unblock The Trevor Project in its elementary schools. Seeing no further recourse locally, Russey also filed a discrimination complaint with the U.S. Department of Education’s Office for Civil Rights, and that case remains open.

“My biggest fear is that we lose a student as a result of this filter,” she said. The Trevor Project estimates that at least one LGBTQ+ person between the ages of 13 and 24 attempts suicide every 45 seconds.

“On a less catastrophic level,” Russey said, “kids do start to figure out who they are attracted to in these upper elementary grades.” If kids want to explore LGBTQ+ information, thinking they might identify as part of that community, they would only be able to access negative information on school computers.

Representatives from Impero did not return repeated calls and emails requesting comment about ContentKeeper for this story.

Securly’s vice president of marketing, Joshua Mukai, said only that “the Sexual Content category helps schools avoid overblocking websites related to reproductive health or sexual orientation by enabling them to create policies that specifically allow sites discussing sexual topics for age-appropriate groups.” He offered no comment on the idea that blocking LGBTQ+ advocacy websites through the “sexual content” category is discriminatory.

Reproductive health

Maya Perez, a senior in Fort Worth, Texas, is the president of her high school’s Feminist Club, and she and her peers create presentations to drive their discussions. But research often proves nearly impossible on her school computer. She recently sought out information for a presentation about health care disparities and abortion access.

“Page after page was just blocked, blocked, blocked,” Perez said. “It’s challenging to find accurate information a lot of times.”

She resorted to looking things up on her phone and then typing notes into her computer, which was “really inefficient,” she said. “I just wish I had access to more news sites and informational sites.”

In response to a request for records of blocked websites through November, the Fort Worth Independent School District released only two days’ worth of blocking, showing the five most frequently blocked domains (Spotify, Facebook, TikTok, Roku, and Instagram) as well as a list of categories blocked. “Abortion” did not show up as a blocked category, but search engines were blocked more than 4,500 times, education websites were blocked about 3,800 times, and news websites were blocked 648 times.

Planned Parenthood affiliates around the country end up negotiating directly with local school districts to unblock their website, according to Julia Bennett, the nonprofit’s senior director of digital education and learning strategy. Some schools say yes, some no. 

Alison Macklin spent almost 20 years as a sex educator in Colorado; at the end of her lessons she would tell students that they could find more information and resources on plannedparenthood.org. “Kids would say, ‘No, I can’t, miss,’” she remembered. She now serves as the policy and advocacy director for SIECUS, a national nonprofit advocating for sex education.

Only 29 states and the District of Columbia require sex education, according to SIECUS’ legislative tracking. Missouri is not one of them. The Rockwood and Wentzville school districts in Missouri were among those The Markup found to be blocking sex education websites. The Markup also identified blocks to sex education websites, including Planned Parenthood, in Florida, Utah, Texas, and South Carolina.

In Manatee County, Florida, students aren’t the only ones who can’t access these sites — district records show teachers are blocked from sex education websites too.

The breadth of the internet

Like Perez, Rockwood School District sophomore Brooke O’Dell most frequently runs into blocked websites when doing homework. Sometimes she can’t access PDFs she wants to read. Her workaround is to pull out her phone, find the webpage using her own cellular data, navigate to the file she wants, email it to herself, and then go back to her school-issued Chromebook to open it. When it’s website text she’s interested in, O’Dell uses the Google Drive app on her phone to copy-and-paste text into a Google Doc that she can later access from her Chromebook. She recently had to do this while working on a literary criticism project about the book “Jane Eyre.”

Recounting her frustration, O’Dell bristled at the need for any web filter at all.

“While you’re in school, they are in charge of you,” she said, “but that doesn’t mean they need to control everything you’re doing.”

In Forsyth County Schools in Georgia, which blocks a relatively narrow set of categories, records obtained by The Markup reveal a spate of blocked YouTube videos: One video shows a person reading a novel about Pablo Picasso. Another, a clip of Picasso himself painting. A third is an analysis of the painting “Guernica,” and a final one describes Picasso’s life and impact. Besides inhibiting Picasso research, the filter stopped other internet users in the district from history videos, a physics lesson, videos of zoo animals, and children’s songs about the seasons and days of the week.

Among the 16 districts that released records about their blocked websites, 13 shared the categories tied to the blocks. Games and social media were the most frequently blocked categories, along with ads, entertainment, audio and video content, and search engines.

Sites labeled “porn” or “nudity” didn’t crack the top 10 categories blocked in any district. Only in Palm Beach County, Florida, and Seattle were they even in the top 20.

The School District of Manatee County blocks its internet more broadly than almost any other district The Markup analyzed. Internet users in Manatee were blocked from accessing dictionary websites, Google Scholar, academic journals, church websites, and a range of news outlets, including Teen Vogue, Fox News, and a Tampa Bay TV station, according to the records. Manatee’s chief technology officer, Scott Hansen, said many of those websites are available to students and staffers but not guests on the district’s network, such as outside students working on homework during downtime over long sports tournaments or other events. Still, Manatee students can’t access the local public library catalog; most social media platforms; or sites with audio and video content including Fox Nation, Spotify, and SoundCloud.

As Deneau explained in the Rockwood School District, Hansen described a filtering policy in Manatee that errs on the side of blocking. If a category isn’t seen as having an explicit educational purpose, it is blocked.

Hansen started working in school district IT before CIPA required filters. “In the early days, they were all terrible,” he said. “They created lots of challenges, but their intent was good and they were needed.” Now, by contrast, Hansen said the most widely used filters do a good job of properly categorizing the internet, which limits the complaints he hears from teachers; few instructors actually request that sites get unblocked.

While that may be true, interviews with students and teachers around the country indicate many of them have simply resigned themselves to being kept from much of the internet. Students don’t necessarily know they can ask that sites get unblocked, and many who do make the request have been denied. The overarching rationale for the filters—keeping students safe—seems unimpeachable, so few people try to fight them. And schools, after all, have the right to limit what they make available online. CIPA lets the FCC refuse internet subsidies to school districts that don’t filter out porn, but the law doesn’t identify any consequence for excessive filtering, giving districts wide latitude to make their own decisions.

In the Center for Democracy and Technology’s survey, nearly three-quarters of students said web filters make it hard to complete assignments. Even accounting for youthful exaggeration, 57 percent of teachers said the same was true for their students.

Kristin Woelfel, a policy counsel at CDT, said she and her colleagues started to think of the web filters as a “digital book ban,” an act of censorship that’s as troubling as a physical book ban but far less visible. “You can see whether a book is on a shelf,” she said. By contrast, decisions about which websites or categories to block happen under the radar.

When Rockwood started using ContentKeeper a few years ago, O’Dell noticed that the filtering became more restrictive. While she recognizes that the blocking prevents students from playing games on their computers, she doesn’t believe technology should play that role.

“It’s not really teaching kids the responsibility of when to pay attention in class,” she said. “It kind of just takes that entire part of learning completely away.”

A stubborn status quo

The American Library Association has been calling for a more nuanced approach to filtering the internet in schools and libraries since 2003, when it failed to convince the Supreme Court that CIPA is unconstitutional. In that case, the ALA argued that the filters violate public library patrons’ right to receive information, a constitutional protection legal scholars trace back to the 1940s. The Supreme Court has upheld the concept multiple times since then, arguing that the First Amendment protects not only the right to speak but the right to receive information and ideas. In the 2003 case, however, the Supreme Court ruled that, as long as people 17 and older could request a website be unblocked, the filters did not unduly limit internet users’ constitutional rights.

Though CIPA makes clear that school districts only have to block a narrow sliver of the internet, it does leave schools with the power to determine what else is inappropriate for their students. In 2010, the U.S. Department of Education lamented that filters put up barriers “to the rich learning experiences that in-school Internet access should afford students.” Shortly after the Department of Education complained about the law’s impact, the FCC emphasized that school districts should not set up blanket blocks on social media websites.

Yet in more than a decade, districts have had no additional federal guidance about what they owe students online. And the Markup investigation showed that many districts are flouting the limited existing guidelines; almost all districts blocked some social media sites in their entirety. And only three out of 16 school districts analyzed by The Markup let students directly request sites be unblocked. Deborah Caldwell-Stone, director of the ALA’s Office for Intellectual Freedom, said schools that refuse to field such requests are potentially infringing on students’ constitutional rights.

Caldwell-Stone called CIPA “a handy crutch” for censorship that is not justified by the law. “The FCC makes it clear that it’s not [justified], but there’s no remedy for the kind of activity other than going to court,” she said, which is too expensive and time-consuming for many families.

Lawsuits also have limited reach, often changing behavior in only one small part of the country at a time. Rockwood School District has a filter doing what the ACLU sued Camdenton for over a decade ago and the two districts are in the same state, just 150 miles apart. Battling discrimination carried out via web filters is like a game of whack-a-mole in a nation where much of the decision-making is left to more than 13,000 individual school districts.

Bob Deneau, the chief information officer at Rockwood, said he wasn’t aware of the Camdenton case or that the district’s filter policies might be a legal liability.

And besides the cases where filters explicitly block one viewpoint while allowing another—as with LGBTQ+-related content in Rockwood and Katy—the question of what students have a right to see is only getting murkier. In 2023 alone, the American Library Association tracked challenges to more than 9,000 books in school libraries nationwide.

But it doesn’t have to be that way. Schools could use the wide latitude the FCC leaves them to take a more hands-off approach to web filtering. In Georgia’s Forsyth County, where books have been banned from school libraries, Mike Evans, the district’s chief technology and information officer, said websites have not been involved in the controversy.

“We’ll always have different families on one side or another,” Evans said. “Some would rather have things more restricted if they don’t agree with any LGBTQ-type material or video that might be available, but we try to stay away from that type of [filtering] altogether.”

Forsyth County Schools does not have a block category for LGBTQ+ resources.

In Texas, meanwhile, Katy ISD grad Cameron Samuels co-founded Students Engaged in Advancing Texas to fight for open access to information statewide. The group supported a bill, introduced by state Rep. Jon Rosenthal last year, that would prohibit schools from blocking websites with resources for students about human trafficking, interpersonal or domestic violence, sexual assault, or mental health and suicide prevention for LGBTQ+ individuals. It didn’t go anywhere, but Samuels hopes it will in the future—especially because new board members in Katy ISD could mean the websites Samuels fought so hard to unblock get blocked once again.

“Censorship,” Samuels said grimly, “is a winning issue right now.”

The post Schools were just supposed to block porn. Instead they sabotaged homework and censored suicide prevention sites appeared first on The Hechinger Report.

Editor’s note: Substituting for Jill Barshay is Sarah Butrymowicz, The Hechinger Report’s investigations editor. Jill will return next week.

Every school day, thousands of students are suspended for vague, subjective reasons, such as defiance and disorderly conduct. Our investigative team recently took a deep dive into these punishments, based on 20 states for which we were able to obtain data. Our analysis revealed more than 2.8 million suspensions and expulsions from 2017-18 to 2021-22 under these ambiguous categories. 

Here’s a closer look at some of what we found:

1. Suspensions for these categories of behavior are incredibly common. 

Our analysis found that nearly a third of suspensions and expulsions reported by states was meted out under these types of categories, which also included insubordination, disruptive behavior, and disobedience. 

In Alabama, educators have 56 categories to choose from as justification for student punishment; a full third in our sample were assigned for one of four vague violations. This is what the state calls them: “defiance of authority,” “disorderly conduct — other,” “disruptive demonstrations,” and “disobedience — persistent, willful.” 

In North Carolina, Ohio and Oregon, about half or more of all suspensions were classified in similar categories. 

There are a few reasons why these categories are so widely used. For one, they often capture the low-level infractions that are most common in schools, such as ignoring a teacher’s direction, yelling in class or swearing. By comparison, more clearcut and serious violations, such as those involving weapons or illegal substances, are rarer. They made up only 2 percent and 9 percent of the discipline records, respectively. 

But experts also say that terms such as disorder or defiance are so broad and subject to interpretation that they can quickly become a catchall. For instance, in Oregon, the umbrella category of disruptive behavior includes insubordination and disorderly conduct, as well as harassment, obscene behavior, minor physical altercations, and “other” rule violations.

2. Educators classify a huge range of behavior as insubordination or disruption. 

As part of our reporting, we obtained more than 7,000 discipline records from a dozen school districts across eight states to see what specific behavior was leading to suspensions labeled this way. It was a wide range, sometimes even within a single school district. Sometimes students were suspended for behavior as minor as being late to class; others, because they punched someone. And it was all called the same thing, which experts say prevents school discipline decisions from being transparent to students and the greater public. 

There were some common themes though, behaviors like yelling at peers, throwing things in a classroom or refusing to do work. We developed a list of 15 commonly repeated behaviors and coded about 3,000 incidents by hand, marking whether they described that type of conduct. We used machine learning to analyze the rest. 

Related: Young children misbehave. Some are suspended for acting their age

In fewer than 15 percent of cases, students got in trouble for using profanity, or for talking back, or for yelling at school staff. In at least 20 percent of cases, students refused a direct order and in 6 percent, they were punished for misusing technology, including being on their cell phones during class or using school computers inappropriately.

3. Inequities can be even more pronounced in these ambiguous categories. 

We know from decades of research and federal data collection that Black students are more likely to be suspended from school than their white peers. In many places, that is especially true when it comes to categories like insubordination. 

In Indiana, for example, Black students were suspended or expelled for defiance at four times the rate of white students on average. In 2021-22, eight Black students received this punishment per 100 students, compared with just two white students. In all other categories, the difference was three times the rate. 

Research suggests that teachers sometimes react to the same behavior differently depending on a child’s race. A 2015 study found that when teachers were presented with school records describing two instances of misbehavior by a student, teachers felt more troubled when they believed a Black student repeatedly misbehaved rather than a white student.

They “are more likely to be seen as ‘troublemakers’ when they misbehave in some way than their white peers,” said Jason Okonofua, assistant professor at University of California-Berkeley and a co-author of the study. Teachers are usually making quick decisions in situations where they are removing a child from the classroom, he said, and biases tend to “rear their heads” under those circumstances.

Related: What happens when suspensions get suspended?

Similar disparities exist for students with disabilities. In all states for which we had demographic data, these students were more likely to be suspended for insubordination or disorderly conduct violations than their peers. In many states, those differences were larger than for other suspensions. 

4. Suspension rates vary widely within states. 

Further underscoring how much educator discretion exists in determining when or whether to suspend a student, individual districts report hugely different suspension rates. 

Take Georgia, for instance, which allows for students to be punished for disorderly conduct and “student incivility.” In 2021-22, the 3,300-student McDuffie County School System cited these two reasons for suspensions more than 1,250 times, according to state data. That’s nearly 40 times per 100 students. Similarly sized Appling County issued so few suspensions for disorderly conduct and student incivility that the numbers were redacted to protect student privacy. 

Editors’ note: The Hechinger Report’s Fazil Khan had nearly completed the data analysis and reporting for this project when he died in a fire in his apartment building. Read about the internship fund created to honor his legacy as a data reporter. USA TODAY Senior Data Editor Doug Caruso completed data visualizations for this project based on Khan’s work.

This story about school discipline data was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for the Proof Points newsletter.

The post PROOF POINTS: Four things a mountain of school discipline records taught us appeared first on The Hechinger Report.

For the first 57 minutes of the basketball game between two Bend, Oregon, high school rivals, Kyra Rice stood at the edges of the court taking yearbook photos. With just minutes before the end of the game, she was told she had to move.

Kyra pushed back: She had permission to stand near the court. The athletic director got involved, Kyra recalled. She let a swear word or two slip. 

Kyra has anxiety as well as ADHD, which can make her impulsive. Following years of poor  experiences at school, she sometimes became defensive when she felt overwhelmed, said her mom, Jules Rice. 

But at the game, Kyra said she kept her cool overall. Both she and her mother were shocked to learn the next day that she’d been suspended from school. 

“OK, maybe she said some bad words, but it’s not enough to suspend her,” Rice said. 

The incident’s discipline record, provided by Rice, lists a series of categories to explain the suspension: insubordination, disobedience, disrespectful/minor disruption, inappropriate language, non-compliance. 

Broad and subjective categories like these are cited hundreds of thousands of times a year to justify removing students from school, a Hechinger Report investigation found. The data show that students with disabilities, like Kyra, are more likely than their peers to be punished for such violations. In fact, they’re often more likely to be suspended for these reasons than for other infractions.

For example, between 2017-18 and 2021-22, Rhode Island students with disabilities were, on average, two and a half times more likely than their peers to be suspended for any reason, but nearly three times more likely to be suspended for insubordination and almost four times more likely to be suspended for disorderly conduct. Similar patterns played out in other states with available data including Massachusetts, Montana and Vermont. 

Federal law should offer students protections from being suspended for behavior that results from their disability, even if they are being disruptive or insubordinate. But those protections have significant limitations. At the same time, these subjective categories are almost tailor-made to trap students with disabilities, who might have trouble expressing or regulating themselves appropriately.

Districts have wide discretion in setting their own rules and many students with disabilities quickly earn reputations at school as troublemakers. “Unfortunately, who gets caught up in a lot of the vagueness in the codes of conduct are students with disabilities,” said attorney Robert Tudisco, an expert with Understood.org, a nonprofit that provides resources and support to people with learning and attention disabilities.

Related: When your disability gets you sent home from school

Students on the autism spectrum often have a hard time communicating with words and might yell or become aggressive if something upsets them. A student with oppositional defiant disorder is likely to be openly insubordinate to authority, while one with dyslexia might act out when frustrated with schoolwork. Students with ADHD typically have a hard time controlling their impulses.

Kyra’s disability created challenges throughout her school career in the Bend-La Pine School District. “Nobody really understood her,” Rice said. “She’s a big personality and she’s very impulsive. And impulsivity is what gets kids in trouble and gets kids suspended.” 

Kyra, now 17, said that too few teachers cared about her individualized education program, or IEP, a document that details the accommodations a student in special education is granted. She’d regularly butt heads with teachers or skip class altogether to avoid them. Her favorite teacher was her special ed teacher. 

“She understood my ADHD and my other special needs,” Kyra said. “My other teachers didn’t.”

Scott Maben, district spokesperson, said in an email he could not comment on specific disciplinary matters because of privacy concerns, but that the district had a range of responses to deal with student misconduct and that administrators “carefully consider a response that is commensurate with the violation.” 

In Oregon, “disruptive conduct” accounted for more than half of all suspensions from 2017-18 to 2021-22. The state department of education includes in that category insubordination and disorderly conduct, as well as harassment, obscene behavior, minor physical altercations, and “other” rule violations. 

Disruptive behavior is the leading cause of suspensions because of its “inherently subjective nature,” the state department of education’s spokesperson, Marc Siegal, said in an email. He added that the department monitors discipline data for special education disparities and works with school districts on the issue. 

The primary protections for students with disabilities come from the federal government, through the Individuals with Disabilities Education Act, or IDEA. But that law only requires districts to examine whether a student’s behavior stems from their disability after they have missed 10 total days of school through suspension. 

At that point, districts are required to hold a manifestation hearing, in which officials must determine whether a student’s behavior was the result of their disability. “That’s where it gets very gray,” Tudisco said. “What happens in the determination of manifestation is very subjective.”

In his experience, he added, the behavior is almost always connected to a student’s disability, but school districts often don’t see it that way. 

“Manifestation is not about giving Johnny or Susie a free pass because they have a disability,” Tudisco said. “It’s a process to understand why this behavior occurred so we can do something to prevent it tomorrow.” 

Related: Senators call for stronger rules to reduce off-the-books suspensions

The connections are often much clearer to parents. 

A Rhode Island mother, Pearl, said her daughter was easily overwhelmed in her elementary school classroom in the Bristol Warren Regional School District. (Pearl is being referred to by her middle name because she is still a district parent and fears retaliation.) 

Her child has autism and easily experiences a sensory overload. If the classroom was too loud or someone new walked in, she might start screaming and get out of her seat, Pearl said. Teachers struggled to calm her down, as other students were escorted out of the room. 

Sometimes, Pearl was called to pick up her daughter early, in an unrecorded informal removal. A few times, though, she was suspended for disorderly conduct, Pearl recalled. 

Between 2017-18 and 2020-21, students with disabilities in the Bristol Warren Regional School District made up about 13 percent of the student body, but accounted for 21 percent of suspensions for insubordination and 30 percent of all disorderly conduct suspensions. 

The district did not respond to repeated requests for comment. 

The Rhode Island Department of Education collects data on school discipline from districts, but special education and discipline reform advocates in the state say that the agency rarely acts on these numbers. 

Department spokesperson Victor Morente said in an email that the agency monitors discipline data and is “very clear that suspension should be the last option considered.” He added that the department has published resources about alternatives to suspension and discipline specifically for students with disabilities. 

A 2016 state law that limits the overall use of out-of-school suspensions also requires that districts examine their data for inequities. Districts that find such disparities are supposed to submit a report to the department of education, said Hannah Stern, a policy associate at the Rhode Island American Civil Liberties Union.

Her group submits public records requests for copies of their reports every year, but has never received one, she said, “even though almost every single school district exhibits disparities.”

Related: Sent home early: Lost learning in special education

Pearl said that her daughter needed one-on-one support in the classroom instead of punishment. “She’s autistic. She’s not going to learn her lesson by suspending her,” Pearl said. “She actually got more scared to go back. She actually felt very unwelcome and very sad.”

Students with autism often have a hard time connecting their actions to the punishment, said Joanne Quinn, executive director of The Autism Project, a Rhode Island-based group that offers support to family members of people with autism. With suspension, “there’s no learning going on and they’re going to do the same thing incorrectly.”

Quinn’s group provides training for schools throughout Rhode Island and beyond, aimed at helping teachers understand how the brain functions in people with autism and offering strategies on how to effectively respond to behavior challenges that could easily be labeled disobedient or disorderly. 

Federal law provides a road map for schools to improve how they respond to misconduct related to a student’s disability. Schools should identify a student’s triggers and create a behavior intervention plan aimed at preventing problems before they start, it says. 

Related: How a disgraced method of diagnosing learning disabilities persists in our nation’s schools

But, doing these things well requires time, resources and training that can be in short supply, leaving teachers feeling alone, struggling to maintain order in their classrooms, said Christine Levy, a former special education teacher and administrator who works as an advocate for individual special education students in the Northeast, including Rhode Island. 

Levy recently worked with a student with disabilities who was suspended after he tickled a peer at a locker on five straight days. But, she said, the situation should have never reached the point of suspension: Educators should have quickly identified what the boy was struggling with and set a plan in motion to help him, including modeling appropriate locker conduct. 

Had this boy’s teachers done that, the suspension could have been avoided. “The repair of that is so much longer and so much harder to do versus, let’s catch it right away,” she said.

Many parents described similar situations, though, in which a child routinely got in trouble for repeated behavior. When Michelle Gomes’s daughter became upset in her kindergarten classroom, she’d often run out and refuse to come back in. Sometimes, she’d tear things off the walls.

“Whenever she gets like that, it’s hard to see,” Gomes said. “I hurt for her. It’s like she’s not in control.”

Gomes received regular calls from Cranston Public School officials to come pick her daughter up. A couple of times, the child was formally suspended, Gomes said. The school described her as a safety risk, Gomes recalled.

“She obviously doesn’t feel safe herself,” she said. 

Cranston Public Schools did not respond to requests for comment. 

Gomes’s daughter had a speech delay and anxiety and qualified for special education services. A private neurological evaluation concluded that she was compensating for that delay with her physical responses, Gomes said. 

This can be a common cause of behavior challenges for students with disabilities, experts say.

“Behavior is communication,” said Julian Saavedra, an assistant principal and an expert at Understood.org.* “The behavior is trying to tell us something. We as the IEP team, the school team, have to dig deeper.” 

On her own, Gomes found strategies that helped. Gomes’ child struggled with transitions, so they’d go over her day in advance to prepare her for what to expect. A play therapist taught both her and her daughter breathing exercises. 

Her daughter was switched to another district school where a social worker would sometimes walk the girl to class. When the child got worked up, she’d sometimes be allowed to sit with that social worker or in the nurse’s office to calm down. That helped, but sometimes, those staff members weren’t available. 

In the end, Gomes moved her daughter to a school outside the district that was better equipped to help the girl deescalate. Her behavior problems lessened and she started enjoying going to school, Gomes said.

But Gomes still can’t understand why more teachers weren’t able to help her child regulate herself. “Do we need retraining or do we need new training?” she said. “Because this is mindblowing to me, not one of you can do that.”

Note: The Hechinger Report’s Fazil Khan had nearly completed the data analysis and reporting for this project when he died in a fire in his apartment building. USA TODAY Senior Data Editor Doug Caruso completed data visualizations for this project based on Khan’s work.

CORRECTION: This article has been updated with the correct spelling of Julian Saavedra’s name.

This story about suspension of students with disabilities was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for the Hechinger newsletter.

The post Students with disabilities often snared by subjective discipline rules appeared first on The Hechinger Report.

JOHNSBURG, Ill. — A group of fifth grade boys trailed into the conference room in the front office of Johnsburg Elementary School and sat at the table, their feet dangling from the chairs.

“It was brought to my attention yesterday that there was an incident at football,” Principal Bridget Belcastro said to the group.

The students tried to explain: One boy pushed a kid, another jumped on the ball, and yet another jumped on the boy on the ball. It depended on who you asked.

“I tripped — if I did jump on him, I didn’t mean to,” one student said. “Then I got up and turned around and these two were going at each other.”

Belcastro, listening closely, had the unenviable job of making sense of the accounts and deciding on consequences.

In elementary schools across the country, an incident as common as a playground fracas over a football could result in kids being suspended.

A Hechinger analysis of school discipline data from 20 states found widespread use of suspensions for students of all ages for ill-defined, subjective categories of misbehavior, such as disorderly conduct, defiance and insubordination. From 2017 to 2022, state reports cited these categories as a reason for suspension or expulsion more than 2.8 million times.

In many cases, young students were removed from their classes for behavior that is common for kids their age, according to additional discipline records from half a dozen school districts obtained through public records requests.

In Montana, students in K-5 made up almost 4,000 suspensions for disorderly conduct. In New Mexico, it was nearly 2,700.

Elementary school students are often punished for conduct that experts say is developmentally typical of children who are still learning how to behave and appropriately express themselves in school. Even severe behaviors, like kicking or punching peers and teachers, can be a function of young children still figuring out how to regulate their emotions.

In many other cases, the behavior does not appear serious. In Washington, a kindergarten student was suspended from school for two days for pulling his pants down at recess. A second grader in Rhode Island was suspended when he got mad and ran out of the school building. In Maryland, a third grader was suspended because she yelled when she wasn’t allowed to have cookies, disrupting class.

At Johnsburg Elementary School, which serves about 350 third through fifth grade students on the northern outskirts of Chicago’s suburbs, administrators are trying to limit the use of suspensions. Student conferences, like the one after the fight during football, are just one piece of a much larger effort aimed at preventing and addressing misbehavior. In the end, the boys didn’t lose time in the classroom, but they were no longer allowed to play football at recess.

Belcastro’s decision not to suspend the boys was based on research that consistently shows suspending students makes it more difficult for them to succeed academically and more likely they will enter the criminal justice system as adults.

Suspension can be particularly damaging when doled out to younger students, said Iheoma Iruka, a professor of public policy at the University of North Carolina-Chapel Hill. Being kicked out of the classroom can fracture kids’ trust in their teachers and the institution early on. Those early impressions can stay with students and cause long-lasting harm, Iruka said, particularly to students for whom school is the most consistent part of their lives.

“Over time, it erodes children’s sense of safety. It erodes their relationship with teachers,” said Iruka, who is also the founding director of the Equity Research Action Coalition at UNC, a group that researches and develops policies to address bias in the classroom.

In part because of concerns like these, advocates and policymakers across the country often focus on the early grades when pushing for discipline reform. At least 17 states and D.C. have passed laws to limit the use of suspension and expulsion for younger children, typically students in pre-K through third or fifth grade. In Illinois, where Johnsburg Elementary School is located, schools are allowed to suspend young students, but legislators passed a law in 2015 that encourages using suspension as a last resort.

Child development experts say that, ideally, suspensions should be used only in extremely rare circumstances, especially in elementary school.

Misbehavior at any age is often a symptom of deeper issues, experts say, but young children, especially, struggle to identify those issues and communicate them effectively. Students in the early grades are also still trying to figure out how to function in a school environment.

“We can hold older students accountable to know the rules of behavior in their schools,” said Maurice Elias, a professor of psychology who researches social emotional learning at Rutgers University. “We certainly can’t expect younger children to know all of those things and to anticipate the consequences of all their actions.”

And young students need to be specifically taught how to manage their emotions, added Sara Rimm-Kaufman, a professor of education at the University of Virginia.

“Helping kids understand what’s OK at home might not be OK at school, or making kids feel appreciated, respected, understood — that’s a really important issue and it keeps kids engaged,” she said.

Teachers at Johnsburg Elementary are trying to do just that.

The school adopted a new program this year called Character Strong, which is aimed at helping students with coping, emotional regulation, self-management and relationships. A few weeks into the school year, teachers filled out a screener to identify students struggling in those areas.

On a Thursday morning in November, four third graders left class to meet with social worker Dawn Mendralla. Twinkling lights lined the ceiling of her office; a small flip book depicting various emotions was opened to a page with a purple creature gritting its teeth and holding up its fists in frustration. A poster on the cabinet said: All feelings are welcome here.

“Regulation means we’re controlling ourselves, we’re controlling our behaviors, we’re controlling our emotions,” Mendralla said to the students. “Do we have trouble sometimes controlling our behaviors in class? Sometimes we have the urge to talk to our neighbor, or we have the urge to look out the window, or to not pay attention or to fidget with something?”

Once a week, the identified students attend a group session with Mendralla focused on improving those skills. Children who need more help also briefly check in with Mendralla, individually, every day. Students who misbehave, like the group of boys who got into a fight at recess, are also sent to Belcastro’s office.

Like other schools throughout the country, Johnsburg Elementary has been dealing with the ongoing impact of the pandemic on children’s behavior.

“There’s an increase in emotional outbursts, frustration, and they don’t know how to manage their emotions effectively,” Belcastro said. “Secondly, would be social interaction changes, because they weren’t around other kids and other people for so long, they didn’t have that and now they’ve forgotten how or never learned how to make friends.”

During the 2022-23 school year, Johnsburg Elementary had 687 referrals, or disciplinary write-ups, involving a student misbehaving, up from 222 referrals in 2021-22 and 276 referrals in 2018-19.

Even with the rise in behavior challenges, the school has tried to limit student suspensions; Through February of this school year, only three students had been given an in-school suspension and one had been sent home.

Elsewhere, though, the post-pandemic rise in misbehavior has caused some states to backtrack on policies limiting exclusionary discipline and instead made it easier for schools to kick students out of class.

In Nevada last year, legislators lowered the age at which students can be suspended or expelled from 11 to 6 and made it easier for schools to suspend or expel students.

In 2023, Kentucky lawmakers gave principals the ability to permanently kick students out of school if they believe the student will “chronically disrupt the education process for other students” and if they have been removed from class three times for being disruptive.

“There’s just been more and more discipline problems across the nation, and definitely across the state. We’ve just gotta get things under control,” said Rep. Steve Rawlings, who was among the legislation’s sponsors. “We have to prioritize the safety of teachers in the classroom and fellow students so that the focus can be on academics and not be distracted by issues of discipline.”

Elias and other experts say suspension should act more as a rare safety measure in extreme cases, rather than a disciplinary measure.

In the discipline records The Hechinger Report obtained, some school districts reported suspending young children under disruptive conduct for punching peers or throwing items at teachers.

In such cases, suspension may make sense, experts say, while allowing educators time to develop a longer-term response to the misconduct. But schools should not expect that removing kids from class will magically improve their behavior. 

“When a child comes back into a classroom after a situation like this, it’s often that there’s just going to be a continuation of what was happening before, unless the child is brought back into the community in a way that changes the direction and nature of the relationships between the child and the people around them,” Rimm-Kaufman said

That’s something Belcastro has argued as well. Occasionally, there are tensions with parents who want to see other students punished when their own child has been harmed in some way. Belcastro doesn’t’t think that’s an effective approach.

“Punishments do not change behavior. No kid at this age level considers what the potential consequences might be before they do an action,” Belcastro recalled telling one parent who was upset about a student at the school. “So it really serves no purpose, it’s not helpful. But instead, working to prevent the behavior is what we need to do, so it doesn’t’t happen again.”

In Mendralla’s room, a small group of fourth grade boys showed up for a group session one day in November. The goal of this weekly session is for students to learn how to better regulate their emotions.

“What happens when we keep things all to ourselves, things build up, and we keep things bottled up inside us?” Mendralla asked.

“Then you explode,” a student said. “With emotions.”

Mendralla asked the students to think of rules they would like to have for these group sessions. A couple of students threw out suggestions: no running around the room, no interrupting, no blaming others, nobody is better than anybody else.

Another fourth grader raised his hand.

“If there’s another person making fun of another person because of the way they look and act, don’t join in,” he said. “We don’t know what they’re going through.”

This story about misbehavior in young children was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for the Hechinger newsletter.

The post Young children misbehave. Some are suspended for acting their age appeared first on The Hechinger Report.

TOLEDO, Ohio – The sound of his teacher smacking his desk jolted Marquan into consciousness, and his head jerked up. “Wake up,” his teacher said.

Marquan hadn’t slept much the night before, and the words came out before he was fully coherent. “Watch out before you make me mad,” he said. 

His teacher turned and asked if that was a threat. The 16-year-old said no, he was just startled, but it was too late – he was sent out of the classroom and given a two-day suspension. 

What the teacher heard as a threat was, for Marquan, an instinctive reaction, and he had failed to code-switch in that groggy moment.

“I wasn’t threatening him; it was just loud and all of a sudden,” said Marquan, now 17 and a sophomore at Jesup W. Scott High School in Toledo, Ohio. (His last name is being withheld to protect his privacy.) “That was the most unfair thing.” 

In Ohio, Black students like Marquan are suspended for incidents like this far more frequently than their white peers. In the past six years, Ohio has issued close to 885,000  suspensions and expulsions for comments and misbehaviors tagged as disobedience or disruption. Nearly half of those dismissals have been for Black students, even though they make up only 17 percent of the public school population. Black students in Ohio are, on average, kicked out of classes for these offenses at four and half times the rate of white students.

A Hechinger Report analysis across 20 states found that these types of categories are cited as justification in nearly a third of all suspension and expulsion records. In many states, including Indiana, Maryland and Rhode Island, Black students are suspended more often for these kinds of incidents, which can include dress code violations, talking back to teachers and being too noisy in class.

States use different terms to describe the offenses – disrespect, insubordination, defiance – depending on their discipline code. But what they all have in common is the subjective nature of an educator’s decision; experts say that’s what leads to racial disparities. What seems disrespectful and threatening in one classroom can be entirely acceptable in another, depending on who’s listening and who’s speaking. That’s when racial and cultural differences between educators and students can come into play. Bias also plays a role.

“Disobedience is identified, by and large, by lived experiences,” said Jennifer Myree, who was a principal and assistant principal in Cincinnati for seven years and now works for the Ohio Department of Education. “If you have a child who comes from a home where they’re allowed to speak out about injustices, for example, saying ‘That’s not fair,’ and the classroom teacher, or the administrators, don’t believe that the child should speak out on things, they can consider that disobedience.”

Researchers say that racial disparities inside schools tend to reflect what’s happening in society as a whole and that income level does not explain the discrepancies.

“Teachers are no more biased than other people, but also no less biased,” said Russell Skiba, a professor in the school psychology program at Indiana University and director of its Equity Project. “Race is the much more important predictor of whether a kid gets suspended rather than poverty.”

Related: When typical middle school antics mean suspensions, handcuffs or jail

A spokesperson from the Ohio Department of Education and Workforce, Lacey Snoke, didn’t respond directly to questions about the state’s racial disparities. Snoke, the chief communications officer, said the department “supports schools and districts as they address non-academic barriers to learning.” The Indiana Department of Education said that school discipline policies were set at the local level. Rhode Island said that it helps school districts in setting discipline policies that “are conducive to a safe and nurturing environment that promotes academic success.” Maryland’s state education agency said only that it makes annual data available for school districts to analyze.

Snoke also noted that the state requires schools to use a student support system known as Positive Behavioral Interventions and Supports, or PBIS. “When implementing PBIS with fidelity, schools and districts see a reduction in out-of-school suspension and exclusionary discipline,” she said.

Like many of America’s school districts, Toledo’s public schools have struggled with keeping discipline racially equitable for years. In 2020, following a federal civil rights investigation, the district agreed to a settlement with the federal Department of Justice “to address and prevent discriminatory discipline of students based on race or disability.” Last spring, the government extended its monitoring for an additional year after finding that the district was not in full compliance with the settlement terms. 

Part of the problem in Toledo, the fifth-largest school district in Ohio with more than 21,000 students, is that teachers and administrators haven’t figured out what’s at the root of the disparity, according to a federal monitoring report sent to the district last May and obtained by The Hechinger Report as part of its investigation into the widespread use of suspension for things like defiance and disruption around the country.

“Speculative answers about the reasons for why disciplinary referrals would be greater for Black students when compared to white students ranged from blaming the students’ underperformance in math and English language arts to blaming ‘parents who don’t take pride’ or are otherwise uninvolved in their children’s lives,” according to the report. “Educators at one school opined that they are not using strategies that engage kids of color; those at another school said they needed to develop activities for students to feel more of a sense of belonging.”        

Last year, there were more than 12,000 suspensions in Toledo public schools for defiance or disruption and more than 7,700 were given to Black students, up from 7,000 the year before. Black students received 65 percent of defiance and disruption suspensions last year, even though they make up about 46 percent of the student population in Toledo.

Related: Preventing suspensions: Tackle discipline problems with empathy first    

The reason for the high numbers is multi-faceted, and the solutions need to be as well, said Amerah Archer, acting executive director for the Department of Equity Diversity and Inclusion in the Toledo Public Schools.

“We understand there’s sometimes a cultural mismatch between teachers and students and their backgrounds,” Archer said. “So we offer culturally responsive training, to help our teachers understand how to build relationships and students across cultures.”

The district has also brought in outside mental health providers and — in all 57 of its schools — it has set up social-emotional wellness teams to examine discipline data and look for trends, including racial disparities within schools and classrooms. Educators receive training on how to respond to students who have endured trauma and may be acting out as a result, with responses that can lead to alternatives to suspensions.

Sheena Barnes, president of the school board until January this year, points to a culture that views some children as more dangerous than others. She’s also concerned about educators who have trouble appropriately interpreting a child’s behavior.

Barnes, who is Black, got a call last year to come to her child’s school immediately. Her son, who is on the autism spectrum and was in third grade at the time, had been trying to mix paints to make a specific color. The teacher accidentally took one of the colors away, frustrating the boy, who threw his paintbrush and splattered some paint. After Barnes arrived and helped de-escalate the situation, she said the teacher asked her if they could talk. 

“’He just scares me,” she said the teacher confessed to her. 

“So I asked her, ‘What did he do? Did he bite you, kick you, did he throw something at you, cuss at you? I’m going through all the list of things that could make you scared of a 9-year old, my baby.’ And she says, ‘It’s the way he looks at me.’

“And I just crumble,” Barnes recalled. “If you’re scared of him in third grade, what the hell are you gonna do to him in ninth grade?”

Moments like these – when adults see children as threatening – can influence decisions made in a heated classroom situation. The Department of Justice report on Toledo schools last spring concluded that “subjective infractions that are prone to bias, such as ‘Disruptive Behavior’ and ‘Failure to Follow Directions’” play a role in racial discrepancies when it comes to discipline.

Related: Hidden expulsions? Schools kick students out but call it a ‘transfer’

Toledo school officials noted that the report said that the district had “made significant progress” in some areas and that the Covid-19 pandemic had “hampered and delayed the District’s ability to execute certain provisions in a timely manner.”

Barnes, who remains on the school board, said she welcomed the continued monitoring by the government, because, she said, “we still have work to do.”

“There’s not a bad child – there’s a child reacting to a bad situation,” she said, sitting in a cafe in downtown Toledo, and noting the many serious issues faced by young people, such as gun violence and food insecurity.

“Maybe I can’t read. So, I’m gonna disrupt the class, because I don’t want to get embarrassed,” said Barnes. “Or if you ask me where my homework is, I’m gonna make some silly jokes and get kicked out, because I don’t want people to know that I didn’t have a home to sleep in last night, or I couldn’t do my homework, because we didn’t have power.”

Sometimes disruptive behavior starts with a small incident – like a student calling out in class. If a teacher has trouble redirecting the child, it can escalate, and the classroom can become chaotic. Teachers sometimes conclude that removing the child who is being loud is in the best interest of the whole class.

Experience and training can provide teachers with tools to address student conduct without suspensions.

One study in California published last year found that it was often the least-experienced teachers who relied on removing disruptive students from the classroom, and that even three years of teaching experience led to a substantial drop in the number of students referred for discipline.

The same study found that, among teachers who removed students from class and sent them to the principal’s office for disciplinary action, the top 5 percent did this so often that they accounted for most of the racial gaps in these referrals – effectively doubling those gaps.

Those gaps are largely driven by incidents that require a more subjective call, such as for “defiance,” rather than more objective categories like drug use or skipping class, according to Jing Liu, an assistant professor of education at the University of Maryland and one of the study’s authors. 

Related: Civil rights at stake: Black, Hispanic students blocked from class for missing class

Other researchers argue that stressful environments can bolster racial inequities.

“When people are stressed out, when they are under pressure, when they don’t have the time to think through a response, they are more likely to rely on racial biases,” said Juan Del Toro, a professor in the psychology department at the University of Minnesota, Twin Cities, who has studied the impact of discipline policies on Black students. 

Del Toro argues that more support for teachers could bring down the number of suspensions for low-level offenses, which in turn could help more students perform well academically. His research showed that when students committed minor misbehavior infractions, those who were suspended experienced significant negative academic consequences, compared with students who were just written up for the same kind of offense. 

In Toledo, Jamarion, a 10th grader at E. L. Bowsher High School, was serving an in-school suspension last December for getting in an argument with another student when he was assigned an additional three days for talking in the suspension room.

“We were just talking about the way we were feeling, bored and all that. You’re just sitting there all day staring at the wall or doing your homework,” said Jamarion, who is 15. (His last name is being withheld to protect his privacy.) “You should at least get a warning or something.”

“It’s not fair,” he said. “I was mad, upset.” And he said he was concerned about missing more math classes and falling behind.

Related: How career and technical education shuts out Black and Latino students from high-paying professions     

Educators and administrators emphasize that simply banning suspensions for low-level offenses would not change school culture or help educators find alternatives. “It could fix the data,” said Myree, the former Cincinnati principal, “but it might not fix what’s going on in the building.”

Some districts in Ohio, such as Cleveland Municipal, reduced the number of disobedience suspensions of Black children over the past year, but the number in Ohio overall climbed to more than 78,400 in 2022-23, up 16 percent from the previous year.

Izetta Thomas spent 18 years as an educator in Columbus public schools in Ohio and is now the education justice organizer for the Columbus Education Association, the union that represents Columbus educators. 

She believes individual teachers have a responsibility for their actions, but that teacher-prep programs and the school system itself could do more to curb the overuse of suspensions. 

“It’s hard for educators because a lot of us might feel like this [discipline decisions] is not what I signed up to do, this is not what I learned in my college classroom,” said Thomas. “But why isn’t it a part of teacher training in colleges? Why isn’t understanding of our own biases and lenses and those that are different from ours, why aren’t we taught early on what that is?”

“Everybody needs Band-Aids, she added, “but Band-Aids only last so long.”

Editors’ note: The Hechinger Report’s Fazil Khan had nearly completed the data analysis and reporting for this project when he died in a fire in his apartment building. Read about the internship fund created to honor his legacy as a data reporter. USA TODAY Senior Data Editor Doug Caruso completed data visualizations for this project based on Khan’s work.

This story about racial disparities in school discipline was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education.

The post ‘It was the most unfair thing’: Disobedience, discipline and racial disparity appeared first on The Hechinger Report.

A Rhode Island student smashed a ketchup packet with his fist, splattering an administrator. Another ripped up his school work. The district called it “destruction of school property.” A Washington student turned cartwheels while a PE teacher attempted to give instructions. 

A pair of Colorado students slid down a dirt path despite a warning. An Ohio 12th grader refused to work while assigned to the in-school suspension room. Then there was the Maryland sixth grader who swore when his computer shut off and responded “my bad” when his teacher addressed his language. 

Their transgressions all ended the same way: The students were suspended.

Discipline records state the justification for their removals: These students were disorderly. Insubordinate. Disruptive. Disobedient. Defiant. Disrespectful. 

At most U.S. public schools, students can be suspended, even expelled, for these ambiguous and highly subjective reasons. This type of punishment is pervasive nationwide, leading to hundreds of thousands of missed days of school every year, and is often doled out for misbehavior that doesn’t seriously hurt anyone or threaten school safety, a Hechinger Report investigation found. 

Districts cited one of these vague violations as a reason for suspending or expelling students more than 2.8 million times from 2017-18 to 2021-22 across the 20 states that collect this data. That amounted to nearly a third of all punishments recorded by those states. Black students and students with disabilities were more likely than their peers to be disciplined for these reasons. 

Many discipline reform advocates say that suspensions should be reserved for only the most serious, dangerous behaviors. Those, the analysis found, were much less common. Violations of rules involving alcohol, tobacco or drugs were cited as reasons for ejecting students from classes about 759,000 times, and incidents involving a weapon were cited 131,000 times. Even infractions involving physical violence — such as fighting, assault and battery — were less common, with about 2.3 million instances. (Learn more about the data and how we did our analysis.)

Because categories like defiance and disorderly conduct are often defined broadly at the state level, teachers and administrators have wide latitude in interpreting them, according to interviews with dozens of researchers, educators, lawyers and discipline reform advocates. That opens the door to suspensions for low-level infractions.  

“Those are citations you can drive a truck through,” said Jennifer Wood, executive director for the Rhode Island Center for Justice. 

The Hechinger Report also obtained more than 7,000 discipline records from a dozen school districts across eight states through public records requests. They show a wide range of behavior that led to suspensions for things like disruptive conduct and insubordination. Much of the conduct posed little threat to safety. For instance, students were regularly suspended for being tardy, using a phone during class or swearing. 

Decades of research have found that students who are suspended from school tend to perform worse academically and drop out at higher rates. Researchers have linked suspensions to lower college enrollment rates and increased involvement with the criminal justice system.

These findings have spurred some policymakers to try to curtail suspensions by limiting their use to severe misbehavior that could harm others. Last year, California banned all suspensions for willful defiance. Other places, including Philadelphia and New York City, have similarly eliminated suspensions for low-level misconduct. 

Elsewhere, though, as student behavior has worsened following the pandemic, legislators are calling for stricter discipline policies, concerned for educators who struggle to maintain order and students whose lessons are disrupted. These legislative proposals come despite warnings from experts and even classroom teachers who say more suspensions — particularly for minor, subjective offenses — are not the answer. 

Roberto J. Rodríguez, assistant U.S. education secretary, said he was concerned by The Hechinger Report’s findings. “We need more tools in the toolkit for our educators and for our principals to be able to respond to some of the social and emotional needs,” he said. “Suspension and expulsion shouldn’t be the only tool that we pull out when we see behavioral issues.”

In Rhode Island, insubordination was the most common reason for a student to be suspended in the years analyzed. Disorderly conduct was third. 

In the Cranston Public Schools, these two categories accounted for half of the Rhode Island district’s suspensions in 2021-22. Disorderly conduct alone made up about 38 percent. 

Behavior that led to a such a suspension there in recent years included:

• Getting a haircut in the bathroom;
• Putting a finger through the middle of another student’s hamburger at lunch;
• Writing swear words in an email exchange with another student;
• Throwing cut up pieces of paper in the air;
• Stabbing a juice bottle with a pencil and getting juice all over a table and peers; and
• Leapfrogging over a peer and “almost” knocking down others.

Cranston school officials did not respond to repeated requests for comment.

Rhode Island Department of Education spokesperson Victor Morente said in an email that the agency could not comment on specific causes for suspension, but that the department “continues to underscore that all options need to be exhausted before schools move to suspension.” 

The department defines disorderly conduct as “Any act which substantially disrupts the orderly conduct of a school function, [or] behavior which substantially disrupts the orderly learning environment or poses a threat to the health, safety, and/or welfare of students, staff, or others.”

Related: In New York state, students can be suspended for up to an entire school year

Many states use similarly unspecific language in their discipline codes, if they provide any guidance at all, a review of state policies found. 

For education departments that do provide definitions to districts, subjectivity is frequently built in. In Louisiana’s state guidance, for instance, “treats authority with disrespect” includes “any act which demonstrates a disregard or interference with authority.”

Ted Beasley, spokesperson for the Louisiana Department of Education, said in an email that discipline codes are not defined in state statutes and that “school discipline is a local school system issue.” 

Officials in several other states said the same.

The result, as demonstrated by a review of discipline records from eight states, is a broad interpretation of the categories: Students were suspended for shoving, yelling at peers, throwing objects, and violating dress codes. Some students were suspended for a single infraction; others broke several rules. 

In fewer than 15 percent of cases, students got in trouble for using profanity, according to a Hechinger analysis of the records. The rate was similar for when they yelled at or talked back to administrators. In at least 20 percent of cases, students refused a direct order and in 6 percent, they were punished for misusing technology, including being on the cell phones during class or using school computers inappropriately. 

“What is defiance to one is not defiance to all, and that becomes confusing, not just for the students, but also the adults,” said Harry Lawson, human and civil rights director for the National Education Association, the country’s largest teachers union. “Those terms that are littered throughout a lot of codes of conduct, depending on the relationship between people, can mean very different things.”

But giving teachers discretion in how to assign discipline isn’t necessarily a problem, said Adam Tyner, national research director at the Thomas B. Fordham Institute. “The whole point of trusting, in this case, teachers, or anyone, to do their job is to be able to let them have responsibility and make some judgment calls,” he said.

Tyner added that it’s important to think about all students when considering school discipline policies. “If a student is disrupting the class, it may not help them all that much to take them and put them in a different environment, but it sure might help the other students who are trying to learn,” he said. 

Johanna Lacoe spent years trying to measure exactly that — the effect of discipline reforms on all students In Philadelphia, including those who hadn’t been previously suspended. The district banned out-of-school suspensions for many nonviolent offenses in 2012. 

Critics of the policy shift warned that it would harm students who do behave in class; they’d learn less or even come to school less often. Lacoe’s research found that schools faithfully following the new rules saw no decrease in academic achievement or attendance for non-suspended students. 

But, the policy wasn’t implemented consistently, the researchers found. The schools that complied already issued the fewest suspensions; it was easier for them to make the policy shift, Lacoe said. In schools that kept suspending students, despite the ban, test scores and student attendance fell slightly.

Overall, though, students who had been previously suspended showed improvements. Lacoe called eliminating out-of-school suspensions for minor infractions a “no brainer.”

“We know suspensions aren’t good for kids,” said Lacoe, the research director of the California Policy Lab’s site at the University of California, Berkeley.* The group partners with government agencies to research the impact of policies. “Kicking kids out of school and providing them no services and no support and then returning them to the environment where nothing has changed is not a good solution.” 

Related: Hidden expulsions? Schools kick students out but call it a ‘transfer’

This fall, two high schoolers in Providence, Rhode Island, walked out of a classroom. They later learned they were being suspended for their action, because it was disrespectful to a teacher.

On her first day back after the suspension, one of the students, Sara, said she went to her teacher to talk through the incident. It was something she wished she’d had the chance to do without missing a couple days of school.

“Suspending someone, not talking to someone, that’s not helping,” said Sara, whose last name is being withheld to protect her privacy. “You’re not helping them to succeed. You’re making it worse.”

In 2021-22, disorderly conduct and insubordination made up a third of all Providence Public School suspensions. 

District spokesperson Jay Wegimont said in an email that the district uses many alternatives to suspension and out-of-school suspensions are only given to respond to “persistent conduct which substantially impedes the ability of other students to learn.”

Some parents and students interviewed asked not to have their full names published, fearing retaliation from their school districts. But nearly all parents and students who have dealt with suspension for violations such as disrespect and disorderly conduct also said that the punishment often did nothing but leave the student frustrated with the school and damage the student’s relationships with teachers. 

At a Cincinnati high school in 2019, Yousuf Munir led a peaceful protest about the impact of climate change, with about 50 fellow students. Munir, then a junior, planned to leave school and join a larger protest at City Hall. The principal said Munir couldn’t go and threatened to assign detention.

Munir left anyway.

That detention morphed into suspension for disobeying the principal, said Munir, who remembers thinking: “The only thing you’re doing is literally keeping me out of class.”

The district told The Hechinger Report that Munir was suspended for leaving campus without written permission, a decision in line with the district’s code of conduct. 

The whole incident left Munir feeling “so angry I didn’t know what to do with it.” They went on to start the Young Activists Coalition, which advocated for fair discipline and restorative practices at Cincinnati Public Schools.

Now in college, Munir is a mentor to high school kids. “I can’t imagine ever treating a kid that way,” they said. 

Parents and students around the country described underlying reasons for behavior problems that a suspension would do little to address: Struggles with anxiety. Frustration with not understanding classwork. Distraction by events in their personal lives. 

Discipline records are also dotted with examples that indicate a deeper cause for the misbehavior.

In one case, a student in Rhode Island was suspended for talking back to her teachers; the discipline record notes that her mother had recently died and the student might need counseling. A student in Minnesota “lost his cool” after having “his buttons pushed by a couple peers.” He cursed and argued back. A Maryland student who went to the main office to report being harassed cursed at administrators when asked to formally document it. 

To be sure, discipline records disclose only part of a school’s response, and many places may simultaneously be working to address root causes. Even as they retain — and exercise — the right to suspend, many districts across the country have adopted alternative strategies aimed at building relationships and repairing harm caused by misconduct. 

“There needs to be some kind of consequence for acting out, but 9 out of 10 times, it doesn’t need to be suspension,” said Judy Brown, a social worker in Minneapolis Public Schools.

Related: Preventing suspensions: Tackle discipline problems with empathy first

Some educators who have embraced alternatives say in the long run they’re more effective. Suspension temporarily removes kids; it rarely changes behavior when they return. 

“It’s really about having the compassion and the time and patience to be able to have these conversations with students to see what the antecedent of the behavior is,” Brown said. “It’s often not personal; they’re overwhelmed.” 

In some cases, students act out because they don’t want to be at school at all and know the quickest escape is misbehavior. 

On Valentine’s day 2022, a Maryland seventh grader showed up to school late. She then refused to go to class or leave the hallway and, according to her Dorchester County discipline record, was disrespectful towards an educator. “These are the behaviors [the student] typically displays when she does not want to go to class,” her record reads. 

By 8:30 she was suspended and sent home for three days.

Dorchester County school officials declined to comment. In 2021-22, 38 percent of suspensions and expulsions in the district were assigned for disrespect and disruption.

Last year, administrators in Minnesota’s Monticello School District spent the summer overhauling their discipline procedures and consequences, out of concern that students of color were being disproportionately disciplined. They developed clearer definitions for violation categories and instituted non-exclusionary tools to deal with isolated minor misbehaviors.

Previously, the district suspended students for telling an “inappropriate joke” in class or cursing, records show. Those types of behavior will now be dealt with in schools, Superintendent Eric Olsen said, but repeated refusals and noncompliance could still lead to a suspension.

“Would I ever want to see a school where we can’t suspend? I would not,” he said. “Life is always about balance.”

Olsen wants his students — all students — to feel valued and be successful. But they’re not his only consideration. “You also have to think of your employees,” he said. “There’s also that fine line of making sure your staff feels safe.” 

Related: Some kids have returned to in-person learning only to be kicked right back out

Monticello, like most school districts across the country, has seen an increase in student misconduct since schools reopened after pandemic closures. A 2023 survey found that more than 40 percent of educators felt less safe in their schools compared with 2019 and, in some instances, teachers have been injured in violent incidents, including shootings. 

And even before 2020, educators nationwide were warning that they lacked the appropriate mental health and social service supports to adequately deal with behavior challenges. Some nonviolent problems, like refusal to put phones away or stay in one’s seat, can make it difficult for teachers to effectively do their jobs. 

And the discipline records reviewed by The Hechinger Report do capture a sampling of more severe misbehavior. In some cases, students were labeled defiant or disorderly for fighting, throwing chairs or even hitting a teacher. 

Shatara Clark taught for 10 years in Alabama before feeling too disrespected and overextended to keep going. She recalled regular disobedience from students. 

“Sometimes I look back like, ‘How did I make it?’” Clark said. “My blood pressure got high and everything.” 

She became so familiar with the protocol for discipline referrals that she can still remember every step two years after leaving the classroom. In her schools, students were suspended for major incidents like fighting or threatening a teacher but also for repeated nonviolent behavior like interrupting or speaking out in class. 

Clark said discipline records often don’t show the full context. “Say for instance, a boy got suspended for talking out of turn. Well, you’re not going to know that he’s done that five times, and I’ve called his parents,” she said. “Then you see someone that’s been suspended for fighting, and it looks like the same punishment for a lesser thing.”

In many states, reform advocates and student activists pushing to ban harsh discipline policies have found a receptive audience in lawmakers. Many teachers are also sympathetic to their arguments; the National Education Association and American Federation of Teachers support discipline reform and alternatives to suspension. 

In some instances, though, teachers have resisted efforts to curtail suspensions, saying they need to have the option to remove kids from school.

Many experts say the largest hurdle to getting teachers to embrace discipline reforms is that new policies are often rolled out without training or adequate staffing and support. 

Without those things, “the policy change is somewhat of a paper tiger,” said Richard Welsh, an associate professor of education and public policy at Vanderbilt University. “If we don’t think about the accompanying support, it’s almost as if some of these are unfunded mandates.”  

In Monticello, Olsen has focused on professional development for teachers to promote alternatives to suspension. The district has created space for students to talk about their actions and how they can rebuild relationships. 

It’s still a work in progress. Teacher training, Olsen says, is key. 

“You can’t just do a policy change and expect everyone to magically do it.”

Reporting contributed by Hadley Hitson of the Montgomery Advertiser and Madeline Mitchell of the Cincinnati Enquirer, members of the USA TODAY Network; and Amanda Chen, Tazbia Fatima, Sara Hutchinson, Tara García Mathewson, and Nirvi Shah, The Hechinger Report. 

Editors’ note: The Hechinger Report’s Fazil Khan had nearly completed the data analysis and reporting for this project when he died in a fire in his apartment building. Read about the internship fund created to honor his legacy as a data reporter. USA TODAY Senior Data Editor Doug Caruso completed data visualizations for this project based on Khan’s work.

*CLARIFICATION: This article has been updated to clarify Johanna Lacoe’s title. She is the research director of the California Policy Lab’s site at the University of California, Berkeley.

This story about classroom discipline was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for the Hechinger newsletter.

The post Vague school rules at the root of millions of student suspensions appeared first on The Hechinger Report.

The Hechinger Report spent the last year investigating a major subset of school discipline: suspensions and expulsions for vague, subjective categories like defiance, disruption and disorderly conduct. 

We started this project with some basic questions: How often were states suspending students for these reasons? What kinds of behavior do educators say constitute defiance or disorder, anyway? And were some students more likely to be punished for these kinds of things than others?

Answering these questions revealed how overwhelmingly common these types of suspensions are for a broad range of behavior, including minor incidents. Here’s how we did it.

How did we get state and district level suspension data?

We attempted to get data from all 50 states, but there is no single place to get school discipline data broken down by suspension category. States do not report this information to the federal government. In fact, some states don’t even collect it from their districts. 

When possible, we downloaded the data from the state’s department of education website. When it wasn’t readily available we submitted public records requests.

In the case of New Mexico, we used data obtained and published by ProPublica.

What did we ultimately collect? 

In the end, we obtained the data we were looking for from 20 states: Alabama, California, Georgia, Indiana, Maryland, New Hampshire, New Mexico, Ohio, Vermont, Washington, Minnesota, Mississippi, Massachusetts, Alaska, Colorado, Louisiana, Montana, North Carolina, Oregon and Rhode Island.

In most cases, we received data from 2017-18 to 2021-22. In the case of Vermont, however, we did not have data for 2021-22 and in North Carolina, we had data only for 2019-2020 and 2020-2021.

We had demographic data that allowed us to examine the racial and special education disparities in California, Indiana, Vermont, New Mexico, Montana, Maryland, Ohio, Rhode Island, Mississippi and Massachusetts.

Was the data uniform?

Far from it. Each state has its own categories for student discipline, ranging from just six reasons a student can get suspended in California to more than 80 in Massachusetts. 

First, we identified any of the categories that had to do with disrespect, disorder or disruption and singled them out. These were the primary focus of our analysis. But we also wanted to know how suspensions for these reasons compared to others. 

To do that, we looked for common threads among suspension categories and created our own larger categorizations. For example, any offense category that had involved alcohol, drugs or tobacco was grouped into the category “alcohol/drugs/tobacco.”  Any offense  that involved fighting or physical aggression we put into a category called “physical violence.” These groupings were made following research into state discipline codes and discussion. We also showed our groupings to experts to get their feedback. In the end, we had 16 unique categories. We added the numbers from all state categories that fell into one of our larger groups. 

This allowed for an overall look at how many punishments were assigned for broad types of behavior. Yet because of discrepancies in discipline definitions in each state, direct comparisons between states are not advisable.

How did we deal with missing or redacted data?

In all of the states, suspensions below a specific count (generally fewer than 10 but in some cases fewer than five) were redacted to make sure no student could be identified. We considered them as zero since there was no way to accurately assess that number. In most states, this did not affect the overall findings. In smaller states or districts, where we saw or expected significant redactions, we only looked at grand totals.

Did the data have any other limitations?

Yes, once again, we had to contend with a lack of uniformity in how states gather this information. In some places, we obtained information only for suspensions. In others, the data included expulsions. In Alabama, instances of corporal punishment and alternative school placement were also included.

Some states only allowed districts to report a single reason for a suspension. Others allow several reasons to be selected. And, muddying the waters further, some states reported numbers of students who were suspended, while others reported the number of incidents that led to suspension. We’ve made a list available with details about individual states. 

How did we analyze demographic disparities?

We calculated the rate of suspension by looking at the number of students of a particular race suspended per 100 students of that race in a state or district. The comparisons between rates of suspensions of Black students and white students were made by dividing the rate of suspension for the former by the rate of suspension for the latter. For instance, if Black students were suspended at a rate of four students per 100 Black students in a state and white students were suspended at a rate of two students per 100 white students, then Black students were suspended at twice the rate of suspension of white students (4/2 = 2).

We did the same analysis for students with disabilities relative to their general-education peers.

How do we know what kind of behavior students were suspended for?

We submitted public records requests to dozens of school districts across the country asking for the most recent year or two years of discipline records for any suspensions assigned in their category of defiance or disorderly conduct.  

Most districts denied our request or never responded. Some estimated it would cost tens of thousands of dollars for them to pull the records. In all, 12 districts in eight states granted our request for free or for a more affordable cost. This gave us more than 7,000 discipline records to analyze.

So how did you analyze them? 

After reading through many of the records to begin to identify patterns, we once again made some broad categories of behavior that kept coming up, including talking back to an educator, swearing or refusing a direct order. 

About 1,700 of the records were in PDFs (including some with handwritten notes) that could not easily be converted to a spreadsheet. We coded all of these by hand, checking if the incident contained any of our categories and marking yes or no. We also hand-coded 1,500 of the remaining records. Each incident could have as many “yeses” as merited. We checked each other’s work to make sure we were being consistent. 

We then used a machine-learning library and trained a model with our labeled dataset and used the trained model to predict the remaining incident reports for the same categories. The accuracy of the model in predicting the incidences (on a test dataset which was taken out from the labeled dataset) varied across categories but, overall, the model had a low rate of false positives. We also spot checked the findings to make sure records were not being miscategorized. 

This story about discipline data was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for the Hechinger newsletter.

The post Hechinger’s school discipline project: How we did it appeared first on The Hechinger Report.

New York state lawmakers will unveil legislation on Tuesday that would eliminate enormous property tax breaks for Columbia University and New York University, which have expanded to become among New York City’s top 10 largest private property owners.

The bills would require the private universities to start paying full annual property taxes and for that money to be redistributed to the City University of New York, the largest urban public university system in the country.   

Columbia and N.Y.U. collectively saved $327 million on property taxes this year. The amount the schools save annually has soared in recent decades as the two have bought more properties, and the value of their properties has also increased.

Repealing the tax breaks would face substantial obstacles. The exemptions — which apply to universities, museums and other nonprofits — are nearly 200 years old and part of the state constitution. Overriding them would mean lawmakers would have to adopt the changes in consecutive legislative sessions. Then, voters would have to approve them on a statewide ballot.

“When the constitution of the state was written, there was no idea that such an exemption could apply to two of the top landlords in New York City,” said Assemblyman Zohran K. Mamdani, a Queens Democrat who is introducing the bill in the Assembly. “This bill seeks to address universities that have so blatantly gone beyond primarily operating as institutions of higher education and are instead acting as landlords and developers.”

The proposed constitutional amendment follows an investigation by The Hechinger Report and The New York Times in September that revealed that the city’s wealthiest universities were bigger and richer than ever before, with vast real estate portfolios that have drained the city budget – and that as Columbia has grown to become the city’s largest private landowner, it has enrolled fewer students from New York City.

Related: ‘The Untouchables’: How Columbia and N.Y.U. benefit from property tax breaks

A Columbia spokeswoman said university officials were reviewing the legislation. But she added that Columbia was a driver of the city’s economy through its research, faculty and students, and its capital projects, including $100 million in upgrades to local infrastructure since 2009.

A spokesman for N.Y.U. said that repealing the tax exemptions would be “extraordinarily disruptive” and that the university “would be forced to rethink much of the way we operate.”

“To choose two charitable, nonprofit organizations out of the thousands in the state and compel them to be treated like for-profits certainly strikes us as misguided and unfair,” the spokesman, John Beckman, said in a statement. “We are deeply appreciative of those policies, which have been in place for two centuries, but we also take some modest pride in the many, many ways, small and large, that N.Y.U. contributes to the city’s well-being and its economy.”

All 50 states offer property tax exemptions for private, nonprofit entities, which supporters argue are crucial so that these organizations can provide social, economic and cultural benefits to their communities. But in some cities, officials have pressured private universities to make voluntary payments, known as payments in lieu of taxes, or similar annual donations. Private universities often have billion-dollar endowments and charge annual tuition in the high five figures.

The legislation would only apply to Columbia and N.Y.U. and not other large private universities that own significant land, such as Cornell University in Ithaca. Lawmakers said that other universities would be excluded because their tax breaks are far lower than those of Columbia and N.Y.U.; the annual real estate tax exemption threshold would be $100 million.

“This bill seeks to address universities that have so blatantly gone beyond primarily operating as institutions of higher education and are instead acting as landlords and developers.”

Assemblyman Zohran K. Mamdani, a Queens Democrat who is introducing the bill in the Assembly.

“I don’t fault these institutions for pursuing their tax breaks and using the tax breaks to greatly expand their empires,” said State Senator John C. Liu, a Queens Democrat who is introducing the legislation in the Senate. “But this is a point where we have to look where all revenues are coming from and where all revenues are leaking. We have to stop those leaks.”

The city is facing a series of budget cuts to K-12 schools, libraries and police, among other programs, in part, Mayor Eric Adams has said, because of rising costs to care for an influx of homeless migrants.

CUNY, which is made up of 25 campuses throughout the city and which serves 225,000 students, has also been eyed for city cuts. Most of the university’s $4.3 billion budget is provided by the state, but earlier this year, the mayor proposed a 3 percent cut to the funding the city provides.

Related: Activists question whether wealthy univdersities should be exempt from property taxes

If the constitutional amendment were approved, the property tax payments would be directed every year to CUNY. That would make a significant difference in the quality of education students receive, said James C. Davis, the president of the Professional Staff Congress, which represents 30,000 CUNY faculty and staff.

“Would an additional infusion of operating funding affect retention and graduation rates?” Mr. Davis said. “Clearly the answer is yes. Even a relatively small amount of money would make a big difference.”

He noted that 80 percent of first-year CUNY students are graduates of New York City public schools, and a majority are students of color. Half come from families with incomes under $30,000 a year.

“If you’re talking about the city making a commitment to economic equity and social mobility,” Mr. Davis added, “there really is not a wiser investment than CUNY.”

This story was produced in collaboration with The Hechinger Report, a nonprofit news outlet that covers education. Hechinger is an independent unit at Teachers College, Columbia University.

The post Columbia and N.Y.U. would lose $327 million in tax breaks under proposal appeared first on The Hechinger Report.

SALISBURY, Md. — Three times a week, on average, a police car pulls up to a school in Wicomico County on Maryland’s Eastern Shore. A student is brought out, handcuffed and placed inside for transport to a hospital emergency room for a psychiatric evaluation.

Over the past eight years, the process has been used more than 750 times on children. Some are as young as 5 years old.

The state law that allows for these removals, which are known as emergency petitions, intended their use to be limited to people with severe mental illness, those who are endangering their own lives or safety or someone else’s. The removals are supposed to be the first step in getting someone involuntarily committed to a psychiatric hospital.

But advocates say schools across the country are sending children to the emergency room for psychiatric evaluations in response to behaviors prompted by bullying or frustration over assignments. The ER trips, they say, often follow months, and sometimes years, of the students’ needs not being met.

In most places, information about how often this happens is hidden from the public, but in districts where data has been made available, it’s clear that Black students are more frequently subjected to these removals than their peers. Advocates for students with disabilities say that they, too, are being removed at higher rates.

“Schools focus on keeping kids out rather than on keeping kids in,” said Dan Stewart, managing attorney at the National Disability Rights Network. “I think that’s the fundamental crux of things.”

In 2017, as part of a settlement with the Department of Justice intended to address widespread racial disparities in how students were disciplined, schools in Wicomico County agreed not to misuse emergency petitions. But while the number of suspensions and expulsions declined, mandated trips to the emergency room ticked up.

Last year, children were handcuffed and sent to the emergency room from Wicomico schools at least 117 times — about once per every 100 students — according to data obtained from public records requests to the Wicomico County Sheriff’s Office.

At least 40 percent of those children were age 12 or younger. More than half were Black children, even though only a little more than a third of Wicomico public school children are Black.

In interviews, dozens of students, parents, educators, lawyers and advocates for students with disabilities in Wicomico County said that a lack of resources and trained staff, combined with a punitive culture in some of the schools, are behind the misuse of emergency petitions.

One Wicomico mom, who asked for anonymity because she feared retaliation from the school, recalled the terror she felt when she got the phone call saying that her son’s school was going to have him assessed for a forced psychiatric hospitalization. When she arrived at the school, she said, her son was already in handcuffs. He was put in the back of a police car and taken to the hospital.

“He said his wrists hurt from the handcuffs,” the boy’s mom said. “He was just really quiet, just sitting there, and he didn’t understand why he was in the hospital.”

The use of psychiatric evaluations to remove children from school isn’t just happening in Wicomico. Recent data shows that New York City schools still call police to take children in emotional distress to the emergency room despite a 2014 legal settlement in which they agreed to stop the practice.

A Kentucky school district was found to have used a forced psychiatric assessment on kids more than a thousand times in a year.

In Florida, thousands of school-aged children are subjected to the Baker Act, the state’s involuntary commitment statute.

In a settlement with the Education Department’s Office of Civil Rights, , the Stockton Unified School District in California agreed to protocols that require other interventions before referring students with disabilities for psychiatric evaluation.

In Maryland, Wicomico uses emergency petitions more often per capita than almost every other Maryland district where data is available. Baltimore City, for example, last year had 271 emergency petitions from schools, compared with Wicomico’s 117, according to data obtained from law enforcement agencies through public records requests. But Baltimore City’s student population is five times as large.

‘Trying to get him out of school’

Wicomico parents describe struggling to get support from the schools when their children fall behind on basics like reading and math in early grades. These gaps in learning can lead to frustration and behaviors that are challenging for teachers to manage.

The Wicomico mother whose son was handcuffed said she fought for years with administrators to obtain accommodations for her child, who is autistic, an experience echoed by other parents. Her son, who also has ADHD, was several years behind in reading by the time he got to middle school. The mother said he was sent to the hospital after an outburst rooted in frustration, not mental illness.

She recalled school officials telling her, “‘He doesn’t have special needs, he just has anger issues.’ They were trying to get him out of the school.”

Her son had grown increasingly discouraged and agitated over an assignment he was unable to complete, she said. The situation escalated, she said, when the teacher argued with him. The student swiped at his desk and knocked a laptop to the floor, and the school called for an emergency petition. After being taken to the hospital in handcuffs, he was examined and released.

“After that, he went from angry to terrified,” she said. “Every time he saw the police, he would start panicking.”

A spokeswoman from the Wicomico County Public Schools said that emergency petitions “are used in the most extreme, emergency situations where the life and safety of the student or others are at risk.”

“[Emergency petitions] are not used for disciplinary purposes and frequently do not result from a student’s behaviors,” Tracy Sahler, the spokeswoman, said in an email. “In fact, a majority of EPs are related to when a student exhibits suicidal ideation or plans self-harm.”

Schools did not respond to questions about why the rate of emergency petitions was so much higher in Wicomico than in other counties in Maryland. The Sheriff’s Department declined to share records that would show the reasons for the removals.

Educators stretched thin

By law, certain classroom removals must be recorded. Schools are required to publicly report suspensions, expulsions and arrests — and the data reveals racial disparities in discipline. Those statistics are what state and federal oversight agencies typically use to judge a school, and they often serve as triggers for oversight and investigations.

But with the notable exceptions of Florida and New York City, most places do not routinely collect data on removals from schools for psychiatric assessments. That means oversight agencies don’t have access to the information.

Without insight into how often schools are using psychiatric removals on children, there is no way to hold them accountable, said Daniel Losen, senior director for the education team at the National Center for Youth Law.

“The civil rights of children is at stake, because it’s more likely it’s going to be Black kids and kids with disabilities who are subjected to all kinds of biases that deny them an educational opportunity,” he said.

Families who have experienced emergency petitions say that the educators who can best communicate with their child are stretched thin, and measures that could de-escalate a situation are not always taken. The day that her son was sent to the hospital, the Wicomico mother who requested anonymity recalled, the administrator who had consistently advocated for him was out of the building.

In another instance, a middle schooler said that the required accommodations for his learning and behavioral disabilities included being allowed to take a walk with an educator he trusted. The day he was involuntarily sent to the hospital, that staff member was unavailable. When he tried to leave the building to take a walk on his own, an administrator blocked him from leaving. The student began yelling and spat at the staffer. He said that by the time police arrived, he was calm and sitting in the principal’s office. Still, he was handcuffed and taken to the hospital where he was examined and released a few hours later.

Because emergency petitions happen outside the standard discipline process, missed school days are not recorded as suspensions. For students with disabilities, that has special consequences — they are not supposed to be removed from class for more than 10 days without an evaluation on whether they are receiving the support they need.

“If you use the discipline process, and you’re a student with a disability, your rights kick in,” said Selene Almazan, legal director for the Council of Parent Attorneys and Advocates. With emergency petitions, the same rules do not apply.

In many places around the county, the resources needed to support students with disabilities are scarce.

“‘He doesn’t have special needs, he just has anger issues.’ They were trying to get him out of the school.”

Wicomico, Maryland, mother whose autistic son was sent to hospital in handcuffs

On Maryland’s Eastern Shore, lawyers and advocates for families said the spectrum of alternatives for students is limited by both money and geography. Those can include private, out-of-district placements and specialized classrooms for specific needs like dyslexia, for example. 

“If it’s a resource-rich school system, you can provide services and supports,” said Maureen van Stone, director of the Maryland Center for Developmental Disabilities at Kennedy Krieger Institute. “If you need a walk, if you need a sensory work break, if you need to go see the school counselor, those kinds of things can prevent some of this escalation of getting to the point that you’re … emergency petitioning.”

When children need targeted services that are unavailable in the local district, the district must allow them to be educated outside the school system — and pay for it.

“You’re stuck between a rock and a hard place because you’re like, ‘This kid needs more services,’ but you can’t get the school to agree,” said Angela Ford, clinical director at Maple Shade Youth and Family Services, which serves children with emotional and behavioral disabilities in Wicomico.

Last year, only one student was placed in a private day school, according to data from the Maryland State Department of Education.

ER trips increased after settlement

The 2017 settlement with the Justice Department required the Wicomico district to reduce the significant racial and disability-related disparities in suspensions, placements in alternative schools and other discipline measures.

The district agreed not to use emergency petitions when “less intrusive interventions … can be implemented to address the behavioral concern,” and not to use them “to discipline or punish or to address lack of compliance with directions.”

But since the settlement, many parents, teachers and community leaders said the district has seemed more concerned with keeping suspension numbers down than providing support for teachers to help prevent disruptive behavior.

“If we know how to handle and deal with behaviors, then we will have less EPs,” said Anthony Mann, who was an instructional aide at Wicomico County High School last year and is a Wicomico public school parent.

“The civil rights of children is at stake, because it’s more likely it’s going to be Black kids and kids with disabilities who are subjected to all kinds of biases that deny them an educational opportunity.”

Daniel Losen, senior director for the education team at the National Center for Youth Law

Tatiyana Jackson, who has a son with a disability at Wicomico Middle School, agrees teachers need more training. “I don’t think they have a lot of patience or tolerance for children with differences. It’s like they give up on them.”

Wicomico school officials said ongoing professional development for staff includes the appropriate use of emergency petitions.

“Each school has a well-trained team that includes a social worker and school counselor, with the support of school psychologists,” said Sahler. “All supports that may be beneficial to assist the student are utilized. However, the safety of the student is paramount, and the determining factor is ensuring that there is no unnecessary delay in obtaining aid for the student.”

But Denise Gregorius, who taught in Wicomico schools for over a decade and left in 2019, questioned the feasibility of the discipline and behavior strategies taught during professional development.

“The teachers, when they said they wanted more discipline, really what they’re saying is they want more support,” she said.

“You’re stuck between a rock and a hard place because you’re like, ‘This kid needs more services,’ but you can’t get the school to agree.”

Angela Ford, clinical director at Maple Shade Youth and Family Services

Under the terms of the settlement, Wicomico was under federal monitoring for two years. Since then, the number of suspensions and expulsions has declined markedly — for both Black and white students.

But the number of emergency petitions, which don’t appear in state statistics and are often only revealed through FOIA requests, has edged up. And other measures of exclusionary discipline remained high, including school arrests. In 2021-22, Wicomico had 210 school-based arrests — the second-highest number in the state, while they were 15th in student enrollment. More than three-quarters of the children arrested were Black, and 80 percent were students with disabilities; 37 percent of Wicomico students are Black, and 10 percent of Wicomico students have disabilities.

“Monitoring the numbers doesn’t bring you the solution,” said Losen, from the National Center for Youth Law. “If you’re going to a district where they’re resistant, and they have sort of draconian policies that they can’t justify educationally and there are large racial disparities, the problem is more than what they’re doing with discipline.”

The Department of Justice declined to comment.

Black parents point to culture problem

Some Wicomico parents and educators point to an insular culture in the school district where problems are hidden rather than resolved.

They are frustrated, for example, that there is no relationship with the county’s mobile crisis unit, which is often relied on in other counties to help de-escalate issues instead of calling the police.

Many Black parents say they believe their children are more often viewed as threats than as children who need support.

Jermichael Mitchell, a community organizer who is an alum and parent in Wicomico County Schools, said that teachers and school staff often do not know how to empathize with and respond to the trauma and unmet needs that may lead to children’s behavior. 

Last year, among children sent to the hospital on emergency petitions by Wicomico schools, at least 40 percent were age 12 or younger and more than half were Black children..

“A Black kid that’s truly going through something, that truly needs support, is always looked at as a threat,” he said. “You don’t know how those kids have been taught to cry out for help. You don’t know the trauma that they’ve been through.”

Studies have found that Black and Latino children who have a teacher of the same race have fewer suspensions and higher test scores. Such educator diversity is lacking in Wicomico County: Its schools have the largest gap in the state between the percentages of students of color and teachers of color .

Wicomico school officials said they do not discriminate against any of their students.

A Wicomico teenager described a years-long process of becoming alienated from school, with an emergency petition as the ultimate break. He said he was bullied in middle school over a series of months until one day he snapped and hit the student who had been taunting him.

The school called the police. He told the officers not to touch him, that he needed to calm down. Instead, the officers grabbed him and shoved him onto the ground, he said. He was handcuffed and transported to the emergency room. But when he returned to school, he said the only thing that was different was how he felt about the adults in the building.

“I got used to not trusting people, not talking to people at school,” he said. “Nothing else really changed.”

This story about emergency petitions was produced by The Associated Press and The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education.

The post The school district where kids are sent to psychiatric emergency rooms more than three times a week — some as young as 5 appeared first on The Hechinger Report.

When Sarah Anderson travels to Texas middle schools to teach sex education, she brings props: a toy baby to represent unplanned pregnancy, a snake for bacterial infections, a pregnancy test for infertility, a skeleton for AIDS and cancer. 

The students are told that if they have sex before marriage, emotional risks include depression, guilt and anxiety. They’re taught that condoms — while often labeled as a method for “safe sex” — do not keep them safe from pregnancy or sometimes-incurable sexually transmitted infections. 

Her curriculum for high schoolers, meanwhile, says that people who “go from sex partner to sex partner are causing their brains to mold and gel so that it eventually begins accepting that sexual pattern as normal.” This, the curriculum says, could “interfere with the development of the neurological circuits” needed for a long-term relationship.

Anderson isn’t a school district employee. She works for the South Texas Pregnancy Care Center in Seguin, Texas, a group founded in 2001 to counsel women against getting abortions. The organization is one of dozens of crisis pregnancy centers across the state that send employees into schools to talk to students and, in some cases, teach sex education classes.

These groups, also known as pregnancy resource centers, began to sprout around the country in the late 1960s as states passed laws legalizing abortion. Sex education has sometimes been a feature of their work. But in Texas, which has among the most crisis pregnancy centers of any state and where state health standards dictate that sex education classes emphasize abstinence, those sex ed efforts are particularly widespread. A Hechinger Report investigation identified more than 35 examples of these centers involved in dozens of school districts across Texas, and the actual number is likely higher.

With the Supreme Court overturning Roe v. Wade last summer and the near-total ban on abortion in Texas, crisis pregnancy centers are poised to play an even bigger role going forward. In April, the Texas state legislature approved $165 million over two years for the organizations through its Alternatives to Abortion program (recently rebranded as Thriving Texas Families), more than double the 2019 budgeted amount. The money funds the groups’ overall work, not sex ed, but went to at least 14 of the centers identified by Hechinger as working in schools.* 

“I’m concerned that our state is outsourcing sex education to outside groups with extreme political ideologies.”

Texas state representative and former middle school teacher James Talarico

The growing school-based work of some centers comes despite scant evidence that the sex ed they provide helps reduce teen pregnancy or sexually transmitted infections. According to public health experts, the approaches many of these groups take — such as emphasizing risks, inundating students with statistics and showing graphic pictures of STIs — aren’t effective in preventing or changing behavior. Instead, they can cause students to stop absorbing information that might help them make informed decisions about sex in the future. 

“You’ll tend to see that kind of overload on facts [that] steer into fear,” said Leslie Kantor, chair of the Department of Urban-Global Public Health at the Rutgers School of Public Health, in New Jersey. “We know very very well across many many health issues this is not what changes human behavior.”

Related: If more students become pregnant post-Roe, are we prepared to support them? 

Staff of crisis pregnancy centers argue that their approach works: Their students report directly to them or in internal surveys that they’ve changed their minds about having sex. Staff also say that their connections with schools grew out of a desire to teach young people how to avoid unplanned pregnancies in the first place, intervening before teens need their services. They say abstinence is the best, most effective way to prevent any risks associated with having sex and that they also teach students about healthy relationships and planning for their futures.

“We deal with unexpected pregnancies,” said Jennifer Shelton, the executive director of Real Options, a pregnancy resource center in Allen, which has taught sex ed in more than a dozen public school districts. “The best way to deal with that is at the beginning of the decision-making process.”

In Texas, sex education typically takes up just a few hours of instruction a year in a handful of grades, and many school districts use outside groups and online providers rather than hiring experts in-house or training their own staff. Sex ed curricula are recommended by councils made up primarily of parents and community members. Many pregnancy center programs, which tend to follow a “sexual risk avoidance” approach that in addition to stressing abstinence also includes discussion of birth control and the signs and symptoms of STIs, are offered for free and align with the Texas state standards requiring that abstinence be promoted as the “preferred choice.”

But some health experts, legislators and students say crisis pregnancy centers, which have been accused of offering women misleading or inaccurate information about abortion risks, have no place in public schools. They view the sex ed courses as a stealth way for the organizations to develop connections to teens so the young people will turn to crisis pregnancy centers if they do become pregnant later. 

State representative and former middle school teacher James Talarico has repeatedly introduced legislation to require all Texas districts to teach medically accurate sex education. “I’m concerned that our state is outsourcing sex education to outside groups with extreme political ideologies,” said Talarico, a Democrat who serves north Austin and surrounding areas. “If they are withholding information or emphasizing certain information to push an agenda on our kids, then that’s inappropriate.”

For three years as a student in Lewisville Independent School District, near Dallas, Nimisha Srikanth was taught by staffers of 180 Degrees, the education arm of Real Options. 

When she was in eighth grade, the group gave each student a cup and had them pour water back and forth, she said. The exercise was supposed to represent how easily they could become infected with an STI. Srikanth, who graduated from high school in 2019, said the classmates treated it as a joke and purposefully tried to maximize “infections.” 

In ninth grade, a lesson quickly derailed when the presenter started talking about how abstinence was best, and someone quipped, “I guess it’s too late for me.” The room erupted in laughter. The teacher “lost everybody’s attention after that,” Srikanth recalled.

Each year, she said, the message was always the same: “Don’t have sex before marriage. If you do, bad things will happen,” Srikanth said. “It’s so much fear-based, very opinion-based.” 

180 Degrees is among the state’s most widespread crisis pregnancy center-affiliated sex ed programs, noting on its website that it has sent presenters to 14 districts in the Dallas-Fort Worth area. In 2019, Real Options reached 18,329 students “with education presentations about sexual purity,” according to its federal tax filing.

In an emailed statement, Amanda Brim, the Lewisville district’s chief communications officer, said that 180 Degrees was never adopted districtwide, but individual schools could choose to use the program. In 2022, she wrote, Lewisville adopted a new sex ed program to meet updated state standards, which went into effect that year. 

Shelton, who taught for 180 Degrees for many years, said that her program avoids scare tactics, even if some of the statistics they share may be alarming, and that they are truthful with students about the risks associated with having sex. The program, she noted, covers many different topics beyond abstinence, including birth control, STIs and the emotional side to sex and relationships. 

Shelton said she believes that “no matter what side” people are on, they should agree abstinence is the best choice to prevent pregnancy and STIs. “We believe in raising the standard for young people,” she said. “They can and most likely will rise to that occasion.”

Related: Five things you need to know about sex ed in the US

The sex ed curriculum of 180 Degrees was one of six obtained by The Hechinger Report through public records requests and reviews of school and center websites. All of the pregnancy center curricula emphasize the potential harms of having sex and advocate waiting until marriage, suggesting that doing so will eliminate all risk. 

Seventh graders in 180 Degrees classes, according to a presentation for parents, are taught that there are 27 different STIs and that, with their various strains, the total number of sexually transmitted diseases nears 1,000. The curriculum used by South Texas Pregnancy Care Center, called SHARE, lists the potential consequences of STIs as pain and suffering, damage to organs, damage to babies, death, embarrassment and rejection.

LifeGuard, the sex ed program affiliated with the crisis pregnancy center The Source, in Austin and Houston, includes a series of graphic photos to give “a medically accurate understanding of how these STIs can impact a person’s health.” 

“They just tried to scare us,” said Samuel Ingram, a 2020 graduate of the Leander Independent School District, which says that it has used LifeGuard since 2005. Ingram added that he wished he had been given useful information on safe sex instead of being told “here’s what gonorrhea looks like, and you could have it forever.”

LifeGuard, whose curriculum says that it reaches 15,000 students annually, declined to comment for this article. Staff instructed two school districts not to provide copies of the group’s curriculum in response to Hechinger’s public records request. They also wrote to the attorney general seeking an exemption to the records law on the grounds that release of the material would “cause competitive harm” and that the curriculum contained trade secrets. The exemption was denied.

Alicia Westcot, Leander’s senior director of math, science and humanities, wrote in an email that the district uses LifeGuard because the program follows state health standards and has “created engaging content for our students at all grade levels.” She added that teachers have given positive feedback about having content experts come in to teach the courses.

Four public health experts who reviewed portions of the crisis pregnancy center curricula at the request of The Hechinger Report said the programs frequently fail to provide important context for students to assess the likelihood of various risks and that some parts were biased or misleading, including messaging on contraception effectiveness. 

The South Texas Pregnancy Care Center’s SHARE script, for example, instructs educators to tell students that teens don’t use condoms consistently because their brain is not fully developed. A copy of LifeGuard’s eighth grade curriculum instructs the presenter to read quickly through a list of bullet points about correct condom use to emphasize their number and then say, “Are you getting the idea of how consistent and correct use could be challenging?” 

While research on the effectiveness of sex ed is difficult to conduct, major  medical  organizations recommend comprehensive sex education — which typically discusses the benefits of delaying sexual intercourse along with information on methods for preventing pregnancy and STIs, gender identity and consent. They note that studies suggest such courses are more effective than abstinence-only programs at reducing teen pregnancy rates and increasing condom use if young people do choose to have sex, and that comprehensive sex ed produces other benefits, including improved interpersonal skills.

The sexual risk-avoidance approach that many crisis pregnancy centers use covers some content beyond abstinence. But health experts say the programs’ focus on the negative consequences of having sex before marriage echo strict abstinence-only approaches. 

“When we are able to show them a baby moving in the womb, it becomes a lot more tangible. This baby has its own heartbeat and fingers and toes and eyes and nose and is already developing a personality. When they can see that, suddenly things are different for them. It has planted a seed of life.”

Shannon Thompson, executive director, The Open Door, a pregnancy resource center in Cisco and Breckenridge  

They say this focus misses the chance to impart useful information and skills. Rather than presenting statistic after statistic about the ubiquitousness of STIs, for example, educators should make sure students feel equipped to talk with potential partners about protection, said Kantor. 

“If I have limited time with a young person, am I going to spend that time giving them a bunch of facts that are not very relevant to them in that moment, that frankly, if they were interested, they could look up on their phone?” Kantor said. Instructors “are making an unfortunate decision to spend precious time with a young person who really needs skills giving out what are probably going to be useless pieces of information.” 

In 2020, The Open Door, a crisis pregnancy center in Cisco and Breckenridge, tried something new. Its staff brought a mobile ultrasound unit and a volunteer pregnant woman to a school to perform a live ultrasound in front of students. 

Today, the center works with middle and high schoolers in 15 school districts in central Texas, providing education on sexuality and relationships and in some cases incorporating live ultrasounds into the instruction.

“When we are able to show them a baby moving in the womb, it becomes a lot more tangible,” said Shannon Thompson, The Open Door’s executive director. “This baby has its own heartbeat and fingers and toes and eyes and nose and is already developing a personality. When they can see that, suddenly things are different for them. It has planted a seed of life.” 

The live ultrasounds are part of a larger effort led by Thompson to “change the culture” beyond her organization’s walls, she said, rather than simply waiting for clients to come to them. Her staff tries to reach community members before they engage in “risky behavior,” teaching young people to feel empowered to “say no and mean it,” while also introducing her group as a safe place for people to turn to if they do get in trouble or become pregnant.

“I feel like it was almost a disservice to us. They might have gotten what they wanted and people to practice abstinence, but the people who didn’t weren’t really well-equipped with super good information.”

Samuel Ingram, graduate of the Leander Independent School District and Texas A&M Corpus Christi student 

To that end, The Open Door acquired a curriculum and hired an education liaison to teach sex ed in schools. Staffers have built relationships with school counselors, juvenile departments and camps, and they participate in an annual back-to-school bash.* This year, they adopted an additional curriculum to reach more grade levels and added a second education liaison to their staff, Thompson said. 

Under her leadership, Open Doors’ state funding is rising: In 2022, it received nearly $380,000 via the Alternatives to Abortion program, compared with approximately $102,000 in 2019.

Thompson said her group doesn’t engage in scare tactics, but rather focuses on “empowering” students to make smart decisions and recognize their self-worth by postponing sex.

“Student education has become a very, very important part of our focus,” Thompson said in April during a panel on her organization’s work at the annual meeting of Heartbeat International, a national network of pregnancy resource centers. “It’s a great way for us to begin to instill and teach and to educate these individuals on the pro-life message.”

Related: Inside the Christian legal campaign to return prayer to public schools

Other pregnancy center sex ed programs also use talking points associated with the anti-abortion movement and encourage students to visit their clinics.

The LifeGuard eighth grade curriculum, for instance, includes a game about fetal development in which students guess whether certain developmental milestones — such as the heart starting to beat and the brain beginning to function — occur at four, six or eight weeks. 

LifeGuard programs direct students to the affiliated clinic, The Source, if they need pregnancy tests or STI testing. “There are places like The Source that can provide all the information needed to make an informed decision about an unexpected pregnancy,” the curriculum reads. 

The Source received nearly $1.4 million in Alternatives to Abortion funding in 2022. Yet LifeGuard describes itself to parents and students as an “apolitical” program that doesn’t take a stance on controversial issues. Indeed, none of the crisis pregnancy center school curricula reviewed by The Hechinger Report contained explicit religious or anti-abortion content. 

But the groups do emphasize their religious values in other aspects of their operations, sometimes stipulating that job applicants be Christian and hold certain values. A LifeGuard job ad for a curriculum specialist noted that the new hire must have a “strong commitment and dedication to the sanctity of human life and sexual abstinence.” A job posting for an abstinence educator from 180 Degrees listed the top qualification as: “Pro-Life, Christ follower, and believes that the Bible is the inerrant word of God.”

“There is no public school district in the state of Texas that can legally screen educators based on their political beliefs. The fact that these organizations are hand-picking people that align with their extreme ideology should be incredibly concerning.”

James Talarico, Texas state representative and former middle school teacher 

Shelton of 180 Degrees said that while religion is “very important to us personally,” staff never bring “religious rhetoric” to the classroom or discuss abortion pros and cons, out of respect for students and a recognition that many come from different backgrounds. Similarly, Thompson said her group shares the “pro-life” message as “one option” but doesn’t take a “political stance” in schools. 

Speaking at the Heartbeat International conference, Thompson noted that it was, in fact, important for organizations like hers to avoid alienating young people with an anti-abortion, religious message. 

“If young women who could be your clients see you waving the pro-life flag loud and proud, remember they could feel like they can’t come to you,” said Thompson. “They are more likely to open up with you when they have a relationship with you, when they feel comfortable with you and feel like they can trust you.” 

Talarico, meanwhile, says it’s not enough for organizations to simply say that they are unbiased in the classroom. “There is no public school district in the state of Texas that can legally screen educators based on their political beliefs,” he said. “The fact that these organizations are hand-picking people that align with their extreme ideology should be incredibly concerning.”

The South Texas Pregnancy Care Center assures parents and educators that the religious beliefs that drive the group’s work do not influence its education program, SHARE.

“There is overlap between the message of abstinence from a health standpoint and the message of abstinence from a faith standpoint,” Anderson, the program’s lead teacher, said in a presentation to the Yorktown school district’s School Health Advisory Council, or SHAC, in spring 2022. “But that doesn’t discredit its value as the best message to give young people when it comes to their health,” she added. (Anderson declined interview requests for this story, but wrote in an email that many school districts had vetted and were happy with the SHARE curriculum and that it complied with state health standards.)

Related: Five things you need to know about sex ed in the U.S.

Part of Anderson’s job is to travel across central Texas attending SHAC meetings and pitching members, most of whom are district parents, on the advantages of choosing her sex ed program. The councils then make official recommendations to their school boards. 

And she’s been successful. South Texas Pregnancy Care Center’s SHARE program started in three schools in 2016; by the 2021-22 school year, two years after Anderson joined, its teachers were presenting in 10 schools.

After the 2022 meeting in Yorktown, she convinced the district to use SHARE, and this year added Seguin to the program’s growing list of districts. 

“It makes me so angry to see that crisis pregnancy centers are leading sexual education in the state and not healthcare professionals. They are taking advantage of one of the most vulnerable populations we have, which is young people.” 

Molly Davis, student, Texas A&M Corpus Christi

In that school district, Anderson plays an additional role — she serves on the SHAC. In April, at the group’s regular meeting, she encouraged its members to vote to endorse her SHARE curriculum, noting that it was one of just two under the council’s review that aligned with the state health standards. Moments later, council members voted to winnow their choices to those two, and a month later decided to officially recommend Anderson’s program. 

The case was one of two identified by The Hechinger Report of a pregnancy center employee who serves on a SHAC voting in favor of her own course, in what Talarico said appeared to be a “clear conflict of interest.” He said he plans to raise the issue with his colleagues to explore whether it needs to be addressed legislatively. 

Sean Hoffman, communications officer for the Seguin district, said that there was no evidence that Anderson had undue influence on the decision. 

“School districts and school boards have to rely on the pulse of their communities,” he said, adding that it can be difficult to find enough people to serve on SHACs and that the process of evaluating sex ed curricula took more than a year. “When folks come forward and say they want to serve, we’re going to accept them with the knowledge that the intent is to come on and do what’s best.” 

Related: Child care, car seats and other simple ways to keep teen moms in school 

Like many pregnancy resource centers, the South Texas Pregnancy Care Center has been expanding its work in the wake of the fall of Roe. This spring, it started construction on a new building, supported, in part, by donations from Seguin nonprofits and agencies. A construction class at Seguin High School is building the interior walls. 

Demand for its services is rising too. The center previously averaged around 20 pregnancy tests a month. In January 2023, it administered 41 tests, Janice Weaver, the group’s executive director, said at a city council meeting in February. “There is a big need in Seguin, and we are so excited about the possibility of a new building,” she said.

Other groups, including The Open Door, are starting prenatal care units, to position themselves as a resource for more women who need medical help. Open Door’s Thompson said the group is located in a medical desert, and it will help provide transportation for pregnant women to prenatal appointments and other support. “Abortion basically being outlawed in the state of Texas did not change the circumstances of the women who find themselves pregnant and scared and not knowing what their future looks like,” said Thompson. “If anything, it’s increased the need.” 

“Abortion basically being outlawed in the state of Texas did not change the circumstances of the women who find themselves pregnant and scared and not knowing what their future looks like. If anything, it’s increased the need.”

Shannon Thompson, executive director, The Open Door, a crisis pregnancy center that works with 15 school districts

Molly Davis is a senior at Texas A&M Corpus Christi and president of the college’s Islander Feminists club, which is leading a campaign against a crisis pregnancy center that’s expanding near campus. She said she’s troubled by the growing role of the groups in Texas and sees their work in schools as being of a piece with their larger efforts to persuade people, sometimes through misinformation, to carry pregnancies to term. 

“It makes me so angry to see that crisis pregnancy centers are leading sexual education in the state and not healthcare professionals,” said Davis, who has classmates who were taught by the groups. “They are taking advantage of one of the most vulnerable populations we have, which is young people. … They are teaching young people things to specifically lead them down roads they want them to walk down.” 

Related: Overturning Roe created new barriers, not just to abortion, but to OBGYN training

Texas has the ninth-highest teen birth rate of any state, 20.3 births per 1,000 females ages 15 to 19. And while teen birthrates have been falling in the U.S. as a whole since 1991, they remain among the highest in the developed world. 

Ingram, the student from Leander, recalls that several of his classmates went on to become pregnant in high school. 

“I feel like it was almost a disservice to us,” Ingram, now a senior at Texas A&M Corpus Christi where he is also a member of the Islander Feminists, said of the sex ed he received. “They might have gotten what they wanted and people to practice abstinence, but the people who didn’t weren’t really well-equipped with super good information.” 

Srikanth, meanwhile, says she didn’t learn useful information until she got to college at Texas A&M University and joined the campus group FREE (Feminists for Reproductive Equity And Education) Aggies. 

On a Monday morning in May, Srikanth spent two hours giving out free condoms, dental dams, pregnancy tests and Plan B in the student center. She assured people stopping by the table that they were in a “no judgment zone,” mindful that some of them likely had also had years of messages that sex was dirty and would give them a disease. 

Those middle and high school experiences helped shape her career plans: This fall, she began a master’s program at Yale University and hopes to work in the areas of sexual and reproductive health and justice.

She said, “I want people to have better information than I did growing up.” 

*Correction: This story has been updated with correct information on the Alternatives to Abortion program’s funding details and rebranded name. It has also been updated to clarify The Open Door’s involvement with the back-to-school event.

This story about sex education curriculum was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for the Hechinger newsletter.

The post ‘They just tried to scare us’: How anti-abortion centers teach sex ed inside public schools appeared first on The Hechinger Report.