The Effects of Restorative Justice Practices on Black and Brown students with Disabilities

Jocelyn Tenorio, HOPES Development Manager

          Across multiple sources, the philosophy of Restorative Justice (RJ) has a common theme of humanizing students, rather than punishing them if they do something deemed as wrong. Rather than using punitive measures, such as detention, that work to physically exclude students, Restorative Justice practices seek to engage students and understand the root of their behavior. When engaging with historically marginalized Black and Brown students, educators should embed Critical Race Theory (CRT) alongside Restorative Justice practices when approaching students so as to not retraumatize them. Scholars also highlighted that though these practices are often a response to specific incidents, educators must instill Restorative Justice into the school’s culture using a whole-school approach. Though Restorative Justice practices have proven to be successful, one theme that has been widely neglected in these conversations is disability justice. Additionally, one must ask the question— what happens when the teacher is the offender? How does disability intersect with race, and how can Restorative Justice serve to mitigate potential harm? Whole school models have the potential to come to even greater fruition through policies.

Critical Race Theory (CRT) 

          Brown (2021) argues that when educators use Restorative Justice practices, they need to engage with Critical Race Theory (CRT) and understand that Black and Brown individuals are largely suppressed in our society. Marginalized students already endure trauma and violence in their lives on a day-to-day basis, that be in the form of gang violence or microaggressions, therefore these practices must be trauma-informed so as to not retraumatize them. Comparably, Gwathney (2021) suggested a similar approach that applied Critical Race Theory (CRT) alongside ACEs (Adverse Childhood Experiences). A high ACE score (the more trauma experienced) indicates a higher risk for negative consequences, including low self-esteem and incarceration. In a case study done by Gwathney, they focused on following the journey of a Black, low-income student and found that his ACE score was an 8 out of 10 (Gwathney, 2021, pg. 351). Though assessments like these are helpful in teaching us how to approach trauma, we need to attribute the root of that trauma to certain systemic factors like racism.

          One way that Sandwick and colleagues (2019) suggest educators incorporate Critical Race Theory into Restorative Justice practices is through anti-racist, anti-bias, and culturally relevant pedagogy (Sandwick et al, 2019, pg. 25). However, Restorative Justice runs the danger of being used as just another disciplinary practice towards Black and Brown students. At the root of it, Restorative Justice originates from indigenous cultures, directly countering the white supremacist idea of punishment, and should be used to combat those ideas.

Restorative Justice Practices Work

          In a case study by Brown, they focused on the effects of disciplinary measures in two middle schools on students. Davis Middle School in Oakland is a racially diverse school with students with disabilities, which had Restorative Justice practices in place, and Southern Middle School in Florida stuck to traditional punitive measures, was predominantly Black, and 19% of their students were diagnosed with a learning disability. Southern Middle School’s “In-School-Suspension (ISS) rate was 32%, while the Out-Of-School Suspension (OSS) rate was 47%.” Meanwhile, Davis Middle School had one of the lowest suspensions rates in the entire district (Brown, 2021, pg. 11). Looking at the qualitative data, Davis Middle School students, particularly the ones that were Peer Mediators, were cited by teachers to be more empathetic and confident. Though coming into less contact with the punitive school system is a sign that Restorative Justice practices work, and is a sign that students are not being retraumatized, this study did not have any particular data on the way that these practices impact Black and Brown/and or students with disabilities.
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Disability Justice and Educator Responsibility

          Ramirez-Stapleton and Duarte (2021) urge educators to use a disabilities framework when practicing Restorative Justice. According to their study, people with disabilities are the “largest minority group, with approximately one fifth of the US population experiencing disability at some point in their lives. The majority of those disabilities, approximately 74% will not be visible (e.g. learning disabilities, chronic pain, or mental health)” (Ramirez-Stapleton and Duarte, 2021, pg. 12). Duarte (a white Jewish woman) was Ramirez-Stapleton’s (a Black and queer woman) student during her undergraduate year for a deaf course, and Duarte had previously emailed Ramirez-Stapleton regarding accommodations that would be needed. Duarte was Deaf+ so she needed to have handouts in a larger font, however, her professor failed to do this on several occasions. There was an instance where Duarte had become very frustrated and left the class because again, she was not provided with the proper font size. While for Duarte this was an escape from a traumatic experience, Ramirez-Stapleton questioned if it was because she was a professor that was Black and queer.

          As the principles of Restorative Justice seek to include rather than to exclude students, disability framework which Ramirez-Stapleton and Duarte refer to as “‘understanding that all bodies are unique and essential, [and] that all bodies have strengths and needs that must be met” (para 13.), which includes not only students with disabilities and DDBDDHH [Deaf, DeafBlind, DeafDisabled, Hard of Hearing] students, but also students of color, undocumented students, queer students, students are parents, older students, and many others.’” (Ramirez-Stapleton and Duarte, 2021, pg. 12). Just as Ramirez-Stapleton was in the wrong, there should have been a dialogue built on these foundations of Restorative Justice and the disability justice framework so as to validate the feelings of her student at that moment, but to validate her humanity. 

          Though this is only one example of the way that students with disabilities endure trauma, there are even more discrepancies when intersecting race and disability. According to a report done by the United States Government Accountability Office (GAO): K-12 Education Discipline Disparities for Black Students, Boys, and Students with Disabilities, “Black students with disabilities and boys with disabilities were disproportionately disciplined across all six actions. For example, Black students with disabilities represented about 19 percent of all K-12 students with disabilities and accounted for nearly 36 percent of students with disabilities suspended from school (about 17 percentage points above their representation among students with disabilities)” (GAO, 2018). The more historically marginalized students with disabilities are filtered out from our education system by such measures, the more they are likely to come into contact with our prison system. To mitigate this, Restorative Justice practices should not center their disability as an issue, rather it should work towards creating an individualized plan to accommodate them. It would not only serve to buffer that potential for future incarceration, but these students would have access to the education they deserve, free of trauma.

School-Wide Restorative Justice

          While there are scholars who believe that particular individuals should lead Restorative Justice efforts, as is the case with Gwathney advocating for more social workers (Gwathney, 2021, pg. 353), other scholars advocate for it to be a school-wide effort involving all educators. Sandwick and colleagues point out that Restorative Justice should aim to change the culture among the entire school, which means teachers and administrators using skills such as mindful listening amongst themselves (e.g. staff meetings). They would not only use Restorative Justice practices in times of conflict amongst their students, but model how Restorative Justice philosophies serve to foster healthy relationships. An example of a school-wide approach to Restorative Justice could have been Ramirez-Stapleton listening to Duarte’s individualized needs, apologizing, and doing better to validate the humanity and needs of all of her future students. Brown urges educators to use this model across all environments, which can include an everyday classroom setting, field trips, parent events, etc. That said, it should operate from a Critical Race Theory (CRT) and disability framework.

Conclusion

          Current literature supports the notion that Restorative Justice practices and a school-wide approach are one way to advocate for Black and Brown students, however, more of this research should focus on the intersection between race and disability. It is crucial to include the voices of Black and Brown students with disabilities. The systems in place disregard the mental health and disabilities of Black and Brown individuals, deeming it as bad behavior, which results in punishment instead of care. In what ways can schools be resources for these communities to have these conversations?  How can we work towards inclusive policies that incorporate Restorative Justice outside of schools, such as in our prison system?

Sources: 

Brown, Martha A. 2021. "We Cannot Return to “Normal”: A Post-COVID Call for a Systems Approach to Implementing Restorative Justice in Education (RJE)" Laws 10, no. 3: 68. https://doi.org/10.3390/laws10030068

Ramirez-Stapleton, L. D., & Duarte, D. L. (2021). When you think you know: Restorative justice between a hearing faculty member and a Deaf+ student. New Directions for Student Services, 2021, 11– 26. https://doi.org/10.1002/ss.20374

Gwathney, A.N. Offsetting Racial Divides: Adolescent African American Males & Restorative Justice Practices. Clin Soc Work J (2021). https://doi-org.proxy.libraries.rutgers.edu/10.1007/s10615-021-00794-z 

Ramirez-Stapleton, L. D., & Duarte, D. L. (2021). When you think you know: Restorative justice between a hearing faculty member and a Deaf+ student. New Directions for Student Services, 2021, 11– 26. https://doi.org/10.1002/ss.20374
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Sandwick, Talia, Josephine Wonsun Hahn, and Lama Hassoun Ayoub. 2019. “Fostering Community, Sharing Power: Lessons for Building Restorative Justice School Cultures”. Education Policy Analysis Archives 27 (November):145. https://doi.org/10.14507/epaa.27.4296.