children out of school in america - University of Tennessee Digital ...

children out of school in america - University of Tennessee Digital ... children out of school in america - University of Tennessee Digital ...

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For example, courts have accepted the use of a chi-square test, a statistical method by which discrimination is implied whenever the difference in any given sample is greater than that which would be expected on the basis of mere chance. 138 When there is less than a one in twenty probability that a given distribution would result by chance, the finding is deemed significant,139 In addition to adopting specific tests relying on minority-nonminority percentage comparisons as an indicator of discrimination, OCR should also devise adequate methods for uncovering more sophisticated modes of discrimination. For example, it may be that black or other minority students are brought within the disciplinary process more readily than white students, so that a behavior that would earn a white student a verbal rebuke would result in a black student being sent to the principal. Similar proportions of black and white students disciplined could hide the fact that black students are being disciplined for more trivial offenses than those committed by white students. An upper-middle class white child who steals is likely to be viewed as suffering from certain psychological problems and 150 therefore merits a psychiatrist; a lower-class black student who steals is more likely to be labeled a juvenile delinquent and suspended. Even if the threshold for entry into the disciplinary process is equal for all students, it is still altogether possible that the punishment for similar offenses is racially discriminatory so that minority students are suspended for ten days instead of the three days typically allotted more privileged students. Such a disparity could itself constitute prima facie evidence of discrimination. But such evidence does not readily emerge from data limited to gross rates of discipline. Thus, at the very least, suspension data must be broken down by length of suspension before one can rely solely on racially similar rates. In light of the glaring racial disproportion in suspension rates we have set forth from OCR data for five states and the districts in the CDF study, we recommend immediate action to conduct on-site reviews in a selected number of them which we will discuss with OCR immediately. We urge that the Congress provide sufficient funds to enable OCR to maintain an effective investigative staff to vindicate the promise of the Civil Rights Act of 1964.

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