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An Introduction To Restorative Justice Practices In K-12 Schools Theory And Common Practices
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An Introduction To Restorative Justice Practices In K-12 Schools Theory And Common Practices
1.
ACADEMIA Letters An Introduction
to Restorative Justice Practices in K-12 Schools: Theory and Common Practices Julia Richardson, University of California, Los Angeles Restorative justice practices have been gaining traction in schools across the United States over the last decade as alternatives to traditional discipline and zero tolerance policies. This paper serves to offer educators who are unfamiliar with the concept of restorative justice an in- troduction to common restorative justice practices used in schools, their history and the theory underpinning them, and studies conducted on their outcomes. Rather than solely punishing of- fenders, restorative justice practices focus on identifying and repairing the harm caused by vio- lation of an agreement or a crime rather than punishing the violator, restoring relationships and trust, and supporting students in becoming accountable and responsible to their actions (Zehr, 1990). Restorative justice practices are often implemented as an inseparable part of broader restorative practices in schools, although occasionally the terms are used interchangeably. Restorative practices are based on principles that emphasize the importance of proactively building positive relationships and a sense of community to prevent and address wrongdoing, and involve processes to repair relationships when harm has occurred (Berkowitz, 2016; The Advancement Project, 2014). Restorative justice practices in the criminal justice system originated in the 1970s as me- diation or reconciliation between victims and offenders (McCold, 1999; Peachey, 1989). Its use spread through North America and to Europe through the 1980s and 1990s under var- ious names including victim-offender mediation and victim-offender dialogue (Umbreit & Greenwood, 2000). Restorative justice principles have roots in ancient and indigenous prac- tices followed by cultures across the globe. Eventually modern restorative justice broadened to include communities of care as well, with victimsâ and offendersâ families and friends participating in collaborative processes called conferences and circles which mitigate power imbalances between the victim and offender (McCold, 1999). Use of restorative practices is Academia Letters, January 2022 Corresponding Author: Julia Richardson, juliateachla@gmail.com Citation: Richardson, J. (2022). An Introduction to Restorative Justice Practices in K-12 Schools: Theory and Common Practices. Academia Letters, Article 4742. https://doi.org/10.20935/AL4742. 1 ©2022 by the author â Open Access â Distributed under CC BY 4.0
2.
increasing worldwide, not
only in educational contexts and criminal justice, but in social work, counseling, youth services, the workplace and faith-based organizations (Wachtel, 2013). In 2014, The U.S. Federal Government issued new guidelines recommending that schools revise their disciplinary policies to move away from harsh zero tolerance policies and towards restorative justice practices to foster positive school climates, increase retention and gradu- ation rates, and ensure equity. As of 2021, major schools and districts who have adopted restorative practices include Baltimore Public Schools, Maryland; Boston Public Schools, Massachusetts; Chicago Public Schools, Illinois; Cleveland Metropolitan School District, Ohio; Denver Public Schools, Colorado; Los Angeles County Public Schools, California; Madison Public Schools, Wisconsin; Minneapolis Public Schools, Minnesota; New Orleans, Louisiana; New York City Public Schools, New York; Oakland Public Schools, California; and San Francisco Public Schools, California (The Advancement Project, 2014). 21 states and the District of Columbia have enacted legislation in support of using restorative justice in schools (Initiative on Gender, Justice & Opportunity, 2020). In a small number of states (e.g., California, Colorado, Illinois, Minnesota, and Pennsylvania), restorative justice practices have been implemented in the schools for many years, shown by the presence of larger-scale, more established programs (Fronius et al., 2019). There are numerous supporting frameworks and models to help implement restorative justice practices that vary between districts and individ- ual schools. The most common restorative justice practices across frameworks that educators currently use in classrooms in the United States are community circles; small group mediations follow- ing a conflict bringing together the harmed student, the person causing the harm, and a group of their peers or adults; and affective statements. Two common types of community circles are proactive circles, which develop relationships and build community bonds, and reactive circles, which respond to wrongdoing, conflicts, and problems. Community circles are used as a tool to teach social-emotional skills such as listening, respect, and problem solving. Com- munity circles provide people a chance to speak and listen to one another in a safe atmosphere and allow educators and students to be heard and offer their own perspectives to the group. Circles are also used as emotional check-ins, to celebrate students, and to begin and close the day with reflection (Berkowitz, 2016). When used responsively to conflicts, circles allow the community to come together and offer individuals, including the student or students respon- sible for any harm, the opportunity to verbalize their experience and be heard by others, seek resolution and fix any discord. Small group mediations are usually facilitated by an educator and may be organized informally following a conflict or formally following a suspension to reintegrate the student into the school community. Affective statements communicate feel- ings and impact in a nonjudgemental manner. They may include an observation, feelings, Academia Letters, January 2022 Corresponding Author: Julia Richardson, juliateachla@gmail.com Citation: Richardson, J. (2022). An Introduction to Restorative Justice Practices in K-12 Schools: Theory and Common Practices. Academia Letters, Article 4742. https://doi.org/10.20935/AL4742. 2 ©2022 by the author â Open Access â Distributed under CC BY 4.0
3.
needs, and plans
or requests. Educators model affective statements and support students in using them during circles and small groups. (Berkowitz, 2016; IIRP, 2018; The Advancement Project, 2014). Resources for incorporating restorative justice practices in the classroom are mostly geared towards middle and high schoolers who theoretically already possess a basic emotional vo- cabulary and the ability to use it. Data suggests there is a need for more research on how to implement restorative justice practices with elementary aged students. For example, affective statements referencing feelings necessitate prior knowledge of emotion-specific vocabulary. Therefore, this vocabulary needs to be taught at the early elementary level to ensure student success with restorative justice models. The SaferSanerSchools Whole-School Change pro- gram, developed by the International Institute for Restorative Practice (IIRP), is a model of school-wide Restorative practices inclusive of Restorative justice practices that is currently used in multiple districts across the United States. The RAND Corporation, funded by the U.S. Department of Justice Comprehensive School Safety Initiative, completed a recent eval- uation of the IIRPâs SaferSanerSchools program. This evaluation is the most rigorous assess- ment of Restorative justice practices conducted to this date. The report shows that Restora- tive practices improved school climate, reduced suspensions and decreased racial disparities in suspensions in 22 schools over two years in Pittsburgh Public Schools (Augustine et al., 2018). The program works with all school-based staff, follows an approximate two to three year timeline, and involves baseline readiness assessment, strategic plan development, profes- sional development and coaching cycles, the forming of professional learning communities, and yearly assessments. SaferSanerSchools programâs Restorative practices framework lists the following as essential elements of Restorative practices: affective statements, restorative questions, small impromptu conversations, proactive circles, responsive circles, restorative conferences, fair process, and reintegrative management of shame. These essential elements help staff strengthen key educational competences that support a restorative school climate and culture: 1) Compassion, 2) Conflict Management, 3) Courage, 4) Integrity and Trust, 5) Interpersonal Skills, 6) Listening, and 7) Valuing Diversity (IIRP, 2018). The SaferSaner- Schools program outcomes are promising for the evolving field of Restorative justice practices and echo positive trends in data gathered on many programs nation-wide. The WestEd Justice & Prevention Research Center (JPRC) recently released a compre- hensive review of the literature on restorative justice in U.S. schools. Restorative justice prac- tices may complement Positive Behavior Interventions and Supports (PBIS) systems. Trends in restorative justice program outcomes show program effectiveness hinges on its embedding within the school culture through the creation of an environment that is respectful, tolerant, supportive and accepting. A key method identified to creating such an environment is by Academia Letters, January 2022 Corresponding Author: Julia Richardson, juliateachla@gmail.com Citation: Richardson, J. (2022). An Introduction to Restorative Justice Practices in K-12 Schools: Theory and Common Practices. Academia Letters, Article 4742. https://doi.org/10.20935/AL4742. 3 ©2022 by the author â Open Access â Distributed under CC BY 4.0
4.
proactively nurturing relationships
among students and staff characterized by active listening and respect, regardless if the school is a public, private or alternative school. The program outcomes described in reports vary, some reports indicating restorative justice practices have resulted in an improved school climate; others indicate an increase in student connectedness, improved student academic achievement, and a greater sense of community between students, staff and family members. Most of these reports are based on observations made by those di- rectly involved in the restorative justice processes (e.g. educators, students), rather than on formal evaluations, which allow for potential bias and subjectivity. Nearly all of the empirical studies reviewed show a decrease in exclusionary discipline and harmful behavior, such as violence, after implementing a restorative justice program. Research points to the need for more rigorous studies and formal evaluations to offer definitive results on restorative justice program effective outcomes (Fronius et al., 2019). Given that restorative justice programs are for the most part in an infancy stage of implementation, more time is needed to document their effects and for stakeholders to achieve a working consensus on best policies and solid practices. Academia Letters, January 2022 Corresponding Author: Julia Richardson, juliateachla@gmail.com Citation: Richardson, J. (2022). An Introduction to Restorative Justice Practices in K-12 Schools: Theory and Common Practices. Academia Letters, Article 4742. https://doi.org/10.20935/AL4742. 4 ©2022 by the author â Open Access â Distributed under CC BY 4.0
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References The Advancement Project.
(2014). Restorative practices: Fostering healthy relationships and promoting positive discipline in schools: A guide for educators. Cambridge, MA: Schott Foundation. http://schottfoundation.org/sites/default/files/restorative-practices-guide. pdf Alexander, M. (2010). The new jim crow. New York, NY: The New Press. American Psychological Association Zero Tolerance Task Force. (2008). Are zero tolerance policies effective in the schools? An evidentiary review and recommendations. American Psychologist, 63(9), 852-862. Augustine, C., Engberg, J., Grimm, G., Lee, E., Wang, E., Christianson, K. & Joseph, A. (2018). Can restorative practices improve school climate and curb suspensions? An eval- uation of the impact of restorative practices in a mid-sized urban school district. Santa Monica, CA: RAND Corporation. https://www.rand.org/pubs/research_reports/RR2840. html Balfanz, R., Byrnes, V., & Fox, J. (2012). Sent home and put off-track: The antecedents, disproportionalities, and consequences of being suspended in the ninth grade. Journal of Applied Research on Children: Informing Policy for Children at Risk, 5(2), 13. Berkowitz, K. (2016). San Francisco Unified School District Restorative Practices Whole- School Implementation Guide. San Francisco, CA: San Francisco Unified School District. https://cupdf.com/document/restorative-practices-whole-school-implementation-guide.html Denham, S. A. & Brown, C. (2010). âPlays nice with othersâ: social-emotional learning and academic success. Early Education and Development, 21(5), 652-680. Fronius, T., Darling-Hammond, S., Persson, H., Guckenburg, S., Hurley, N. & Petrosino, A. (2019). Restorative justice in U.S. schools: An updated research review. WestEd. https:// www.wested.org/wp-content/uploads/2019/04/resource-restorative-justice-in-u-s-schools- an-updated-research-review.pdf Ginwright, S. A. (2016). Hope and healing in urban education: how urban activists and teachers are reclaiming matters of the heart. New York: Routledge. Gregory, A., Clawson, K., Davis, A. & Gerewitz, j. (2016). The promise of restorative practices to transform teacher-student relationships and achieve equity in school discipline. Academia Letters, January 2022 Corresponding Author: Julia Richardson, juliateachla@gmail.com Citation: Richardson, J. (2022). An Introduction to Restorative Justice Practices in K-12 Schools: Theory and Common Practices. Academia Letters, Article 4742. https://doi.org/10.20935/AL4742. 5 ©2022 by the author â Open Access â Distributed under CC BY 4.0
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Journal of Educational
and Psychological Consultation, 26:4, 325-353. Health and Human Development Program. (2012). Workbook for improving school climate & closing the achievement gap, 2nd edition. Using your California Healthy Kids and Cal- ifornia School Climate Surveys. Sacramento, CA: California Department of Education. Initiative on Gender, Justice & Opportunity. (2020). School-based restorative justice legisla- tive trends. Washington, DC: Georgetown Law Center on Poverty and Inequality. https:// genderjusticeandopportunity.georgetown.edu/wp-content/uploads/2021/04/School-Based- RJ-Legislative-Trends-1-1.pdf The International Institute for Restorative Practices. (2019). The International Institute for Restorative Practicesâs SaferSanerSchools Program Overview. Bethlehem, PA: IIRP Graduate School. https://www.iirp.edu/images/IIRP_SaferSanerSchools_Program_Overview_19- 08-09.pdf Los Angeles Unified School District. (2013). Restorative justice manual. Los Angeles, CA: Los Angeles Unified School District. https://achieve.lausd.net/domain/651 McCold, P. (1999, August). Restorative justice practice: The state of the field. Paper pre- sented at Building Strong Partnerships for Restorative Practices Conference, Burlington, VT, USA. McCold, P. (2002). Evaluation of a restorative milieu: CSF Buxmont School/day treatment programs 1999â2001. Bethlehem, PA: IIRP E-Forum. McCold, P. (2008). Evaluation of a restorative milieu: Restorative practices in context. So- ciology of Crime, Law and Deviance, 11, 99â137. Oakland Unified School District, Restorative Justice for Oakland Youth, & Be the Change Consulting. (2014). Oakland Unified School District restorative justice implementation guide: A whole school approach. Oakland, CA: Oakland Unified School District. http:// rjoyoakland.org/wpcontent/uploads/OUSDRJOY-Implementation-Guide.pdf Peachey, D. (1989). The Kitchener experiment. In M. Wright and B. Galaway (Eds.), Medi- ation and criminal justice: Victims, offenders and community. London, England: Sage. Skiba, R. J. (2014). The failure of zero tolerance. Reclaiming Children and Youth, 22:4, 27-33. Academia Letters, January 2022 Corresponding Author: Julia Richardson, juliateachla@gmail.com Citation: Richardson, J. (2022). An Introduction to Restorative Justice Practices in K-12 Schools: Theory and Common Practices. Academia Letters, Article 4742. https://doi.org/10.20935/AL4742. 6 ©2022 by the author â Open Access â Distributed under CC BY 4.0
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Umbreit, M. S.,
& Greenwood, J. (2000). Guidelines for victim-sensitive victim-offender mediation: Restorative justice through dialogue. Washington, DC: U.S. Department of Justice, Office for Victims of Crime. https://www.ncjrs.gov/ovc_archives/reports/96517- gdlines_victims-sens/welcome.html U.S. Department of Education, National Center for Education Statistics. (2003). Status and trends in the education of Hispanics (NCES 2003-008). Washington, DC: Author. Wachtel, T. (2013). Dreaming of a new reality: How restorative practices reduce crime and violence, improve relationships and strengthen civil society. Bethlehem, PA: The Piperâs Press. Zehr, H. (2002). The little book of restorative justice. Intercourse, PA: Good Books. Zehr, H., & Toews, B. (2004). Critical issues in restorative justice. Monsey, NY: Criminal Justice Press. Academia Letters, January 2022 Corresponding Author: Julia Richardson, juliateachla@gmail.com Citation: Richardson, J. (2022). An Introduction to Restorative Justice Practices in K-12 Schools: Theory and Common Practices. Academia Letters, Article 4742. https://doi.org/10.20935/AL4742. 7 ©2022 by the author â Open Access â Distributed under CC BY 4.0
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