After reading that a Washington school district had voted for a policy that some critics said ostensibly encourages administrators to factor in race when disciplining students, former Fox News host and current podcaster Megyn Kelly blasted the district on Tuesday, tweeting succinctly, “Hi! This is 100% illegal.”
Hi! This is 100% illegal. https://t.co/Saad6QO18b
— Megyn Kelly (@megynkelly) March 29, 2022
On March 14, the Clover Park School District board approved the policy in a 3-2 vote. “The district in the suburbs of Tacoma will now use ‘culturally responsive discipline’ that encourages school staff to impose disciplinary policies that ‘may be adapted to individual student needs in a culturally responsive manner,” The Daily Mailreported, adding, “Critics say the new approach is in effect a race-based disciplinary policy that will encourage harsher or lighter punishments based on a student’s race, with white students being disciplined more severely.”
KTTH host Jason Rantz wrote, “The Clover Park School District debated its new ‘culturally responsive’ student discipline policy. It means student discipline would not be consistent based on conduct. Instead, a school considers a student’s race and background. It would likely offer harsher punishments to white students, even if the conduct is identical to that of a Black or Hispanic student.”
Board President Alyssa Anderson Pearson insisted in a statement to The Daily Mail, “Contrary to recent inaccurate news coverage and social media posts, Clover Park School District’s Student Discipline Policy does not make race a determining factor for administering discipline. It contains no such provision. … The recent update of our policy is based on a Washington State School Directors Association model policy. It has been adopted by multiple school districts and is in alignment with state law.’
John Arbeeny, a former deputy mayor of Lakewood, countered in the Suburban Times, “So ‘culturally responsive discipline’ is merely a deceptive cover term for ‘racially/ethnically based discipline’ which seeks to ‘even out’ the numbers of disciplinary incidents based upon racial/ethnic populations or some other undefined criteria. It has little to do with group or individual cultural differences (the determination of which is problematic), discipline generally or creating a safe academic environment. I wonder what the public would think if this were explained in plain language: ‘a discipline policy based upon race/ethnicity’?”
He added, “If indeed ‘culturally responsive discipline’ is nothing more than more favorable treatment of some over others based upon race/ethnicity are we not treading upon the US Constitution 14th Amendment, Section 1?”
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Rantz echoed, “The state officially defines ‘culturally responsive’ as ‘knowledge of student cultural histories and contexts, as well as family norms and values in different cultures; knowledge and skills in accessing community resources and community and parent outreach; and skills in adapting instruction to students’ experiences and identifying cultural contexts for individual students.’ In practice, it means favorable treatment of racial minorities. It would likely offer harsher punishments to white students, even if the conduct is identical to that of a Black or Hispanic student.”
Pearson issued a statement saying, “Our district has high standards for student behavior. It is the intention of the school board that discipline policies and procedures be implemented in a manner that supports a positive school environment, maximizes instructional time and increases educational opportunity for all. … The student discipline process is a learning opportunity for students to improve behavior and contribute to a safe and respectful learning environment.”