A New York State Attorney General's Office yearslong investigation has found student discipline and suspension practices at Buffalo Public Schools were disproportionately more severe to Black, Latino and disabled students for minor or first-time offenses compared to white students.
The district also lacked clear suspension rules and "routinely" issued suspensions for conduct they could not legally impose suspension for, the AG's report said. When families spoke out about unfair suspensions or disciplinary hearings, some faced retaliation with threats of Child Protective Services notification.
“Every child deserves to feel safe and supported at school, and every family deserves to be heard and treated fairly,” said Attorney General Letitia James. “For too long, too many Buffalo students were denied that right. Today, we are taking a major step to bring accountability and justice to Buffalo public schools’ disciplinary system. My office will continue working to ensure all New York students have an equal opportunity to learn and thrive.”
What the investigation found:
Data collected during the investigation found in some cases Black students were over six times more likely, and Latino students nearly four times more likely to receive out-of-school suspensions than their white counterparts.
Students with disabilities also faced higher rates of stricter discipline, with the attorney general finding in many cases those students were sent home early without without documentation. A summary of the investigation into Buffalo Public Schools called this practice illegal.
Buffalo schools serve a student population estimated at 27,000, a significant portion being Black and Latino.
Education advocate Samuel Radford III, with Buffalo Solutions Not Suspensions Coalition, said disproportionate and unadhered to discipline guidelines can put students in danger.
Radford and other families in Buffalo have been sounding the alarm about these issues with BPS since Jawaan Daniels, 15, was murdered in June 2010 after being sent home from school for being in a hallway during class.
"He was suspended from school for something he shouldn't have been suspended for. His parents wasn't notified before he left the building," Radford told BTPM NPR. "They sent him out in the middle of the day, and he was there at the bus stop and was murdered, and from that day forward, we committed ourselves to advocacy to make sure that his death was not in vain."
Radford said the district did create a code of conduct after Daniels' murder, but as the latest attorney general's investigation found, Buffalo Public Schools continued to fail in implementing standard practices.
State-imposed corrective action the district must take:
As part of the settlement announced Thursday, the district must overhaul its code of conduct to remove vague terms, establish framework for discipline that prioritizes non-out-of-school-suspension and emphasize age-appropriate discipline protocols.
Buffalo Public Schools must also appoint an independent monitor with expertise in "school discipline and restorative practices," with regular reports. That measure coincides with the appointment of a discipline ombudsman to serve as a liaison between students, families and staff.
"I think what you'll see is better relationships between students and teachers and administrators. I think you'll see better school climate and school culture, and as a result of that, you'll see increase better learning outcomes," Radford told BTPM NPR.
Along with more training for staff and family outreach forums, the district is also required to standardize suspension hearings and provide more documentation. Part of the hearing overhaul will also deal with ensuring language assistance for students and parents/guardians who may not be fluent in English.
"We are grateful for the resolution that has been reached through the work of Attorney General James, as parents and students in Buffalo Public Schools who have been hurt and harmed by a system of excessive and disproportionate practices related to school suspension,” said Jessica Bauer Walker, founder and executive director of CoNECT. “We are hopeful about the opportunity to collaborate with the district as we shift to a more equitable, restorative approach."
The attorney general's office report thanked Buffalo Public Schools leadership for cooperating in its investigation, and collaborating in the final settlement requirements.
BTPM NPR has reached out to district officials for comment, and is awaiting a response.
