Restorative Justice in the Schools
Summary Statement
Restorative justice is a theory of justice that emphasizes repairing the harm through inclusive and cooperative processes between the victim, offender, and the community as a whole (Restorative Justice Online, 2014). The idea of cooperative reparation has been existed in the United States system judicial system in the form of teen courts and alternative resolution (Thurston County Superior Court, 2014; Whatcom County, 2007). Restorative justice is seen as alternative to traditional punitive punishment, which is impersonal, focuses on the offense and placing blame and guilt, and holds attention on rules and processes. Practices of restorative justice focus on repairing the harm done by rebuilding the relationship through collaboration and communication.
Punitive punishment is the most common form of justice used in the schools today, yet is a flawed and biased practice, as noted by the Department of Education in their Transformed Civil Rights Data Collection (2012). The report notes that minority students and students receiving special education are disproportionately represented in the numbers of suspensions and expulsions. African-American students will be suspended at two to two and a half times the rate of their actual enrollment, with over 70% of students involved with school-related arrests or law enforcement being Hispanic or African-American. Although boys make up roughly half of the enrollment in U.S. schools, they are given 74% of expulsions. Students protected under the Individuals with Disabilities Education Act are over twice as likely to receive at least one out-of-school suspension. This misrepresentation calls for a change in the discipline policies of our public schools, which is exactly what Secretary of Education, Arne Duncan, did in his Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline (U.S. Department of Education, 2014). He states specifically that, “Successful programs may incorporate a wide range of strategies to reduce misbehavior and maintain a safe learning environment, including conflict resolution, restorative practices, counseling, and structured systems of positive interventions,” (p.1).
This call for action opens up the doors for school counselors to advocate for change on a social justice framework following the American School Counselor Association (ASCA) National Model. When looking at the foundation of a school counseling program instituting a change to restorative justice, a focus is on keeping students in school when problems arise and providing appropriate tools to solve problems. Student competencies for a restorative justice program are a building of character traits and noncognitive skills, and building relationships within the school community. Professional competencies of ASCA include social justice, advocacy, systemic change.
Delivery of such a school wide program can be given through individual counseling to teach communication skills, classroom guidance of school expectations related to restorative justice, and specific restorative techniques. These techniques include circle processes, peer mediation, and restitution (giving back to fix harm done). The delivery systems can be assessed through looking at suspension, expulsion, dropout, and truancy rates, and incidents of violence. Qualitative interviews with students, parents, teachers and other staff members can also be utilized to assess overall satisfaction. Positive changes can be presented to administrators or school boards as a way to advocate for the use of restorative justice to continue.
Griffin and Steen (2011) call for several different things to be present for school counselors to approach their role in a social justice framework. This include developing cultural competencies, using data, gaining allies, advocating for student needs, educating and empowering families, staying politically active, being bold and persistent, and conducting research. Advocating for a systemic change to restorative justice covers many of these dimensions by speaking up for a program and practice which keeps students in schools and involves families and the community. Research is needed to assess the success of restorative justice and changed is already being called for by the U.S. government (U.S. Department of Education, 2014).
Lane and McWhirther (1992) outlined a peer mediation model to be used in the elementary and middle school settings. The program requires several days of training on a four step process which allows each party of the incident to be heard and help solve the conflict. This practice is similar to the circle processes that are used in restorative practice programs. Utilizing peer mediation in a restorative justice program can be an effective tool to reach students in all settings and empower mediators to assist in creating a safer environment.
Restorative justice is a theory of justice that emphasizes repairing the harm through inclusive and cooperative processes between the victim, offender, and the community as a whole (Restorative Justice Online, 2014). The idea of cooperative reparation has been existed in the United States system judicial system in the form of teen courts and alternative resolution (Thurston County Superior Court, 2014; Whatcom County, 2007). Restorative justice is seen as alternative to traditional punitive punishment, which is impersonal, focuses on the offense and placing blame and guilt, and holds attention on rules and processes. Practices of restorative justice focus on repairing the harm done by rebuilding the relationship through collaboration and communication.
Punitive punishment is the most common form of justice used in the schools today, yet is a flawed and biased practice, as noted by the Department of Education in their Transformed Civil Rights Data Collection (2012). The report notes that minority students and students receiving special education are disproportionately represented in the numbers of suspensions and expulsions. African-American students will be suspended at two to two and a half times the rate of their actual enrollment, with over 70% of students involved with school-related arrests or law enforcement being Hispanic or African-American. Although boys make up roughly half of the enrollment in U.S. schools, they are given 74% of expulsions. Students protected under the Individuals with Disabilities Education Act are over twice as likely to receive at least one out-of-school suspension. This misrepresentation calls for a change in the discipline policies of our public schools, which is exactly what Secretary of Education, Arne Duncan, did in his Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline (U.S. Department of Education, 2014). He states specifically that, “Successful programs may incorporate a wide range of strategies to reduce misbehavior and maintain a safe learning environment, including conflict resolution, restorative practices, counseling, and structured systems of positive interventions,” (p.1).
This call for action opens up the doors for school counselors to advocate for change on a social justice framework following the American School Counselor Association (ASCA) National Model. When looking at the foundation of a school counseling program instituting a change to restorative justice, a focus is on keeping students in school when problems arise and providing appropriate tools to solve problems. Student competencies for a restorative justice program are a building of character traits and noncognitive skills, and building relationships within the school community. Professional competencies of ASCA include social justice, advocacy, systemic change.
Delivery of such a school wide program can be given through individual counseling to teach communication skills, classroom guidance of school expectations related to restorative justice, and specific restorative techniques. These techniques include circle processes, peer mediation, and restitution (giving back to fix harm done). The delivery systems can be assessed through looking at suspension, expulsion, dropout, and truancy rates, and incidents of violence. Qualitative interviews with students, parents, teachers and other staff members can also be utilized to assess overall satisfaction. Positive changes can be presented to administrators or school boards as a way to advocate for the use of restorative justice to continue.
Griffin and Steen (2011) call for several different things to be present for school counselors to approach their role in a social justice framework. This include developing cultural competencies, using data, gaining allies, advocating for student needs, educating and empowering families, staying politically active, being bold and persistent, and conducting research. Advocating for a systemic change to restorative justice covers many of these dimensions by speaking up for a program and practice which keeps students in schools and involves families and the community. Research is needed to assess the success of restorative justice and changed is already being called for by the U.S. government (U.S. Department of Education, 2014).
Lane and McWhirther (1992) outlined a peer mediation model to be used in the elementary and middle school settings. The program requires several days of training on a four step process which allows each party of the incident to be heard and help solve the conflict. This practice is similar to the circle processes that are used in restorative practice programs. Utilizing peer mediation in a restorative justice program can be an effective tool to reach students in all settings and empower mediators to assist in creating a safer environment.
Restorative Justice PowerPoint
Restorative Justice in the Schools | |
File Size: | 976 kb |
File Type: |
Resources
Worksheets and Program Guides
National Evaluation of the Restorative Justice in Schools Programme
This evaluation of the implementation of restorative justice programs in 26 schools in London and Wales provides information on interventions and evaluation methods used. The report also lays out findings from the schools as well as case studies to create a narrative picture with the numerical results. It is the only national evaluation following a similar program across multiple schools and ages.
Restorative Justice 4 Schools Ltd Implementation Pack
The packet provided by Restorative Justice 4 School Ltd gives a great overview of key points to include and be aware of when implementing restorative justice within your school setting. Further exploration of their website provides resources for circle process assessments and other rating scales as well.
Balanced and Restorative Justice Guidebook
This guidebook is an implementation packet for bringing restorative justice into the school system. It addresses the need for school safety, and different pieces of incorporating restorative justice in the schools. The packet explains reasoning for and important pieces of circle processes, mediation and conferencing, and the peer jury.
National Evaluation of the Restorative Justice in Schools Programme
This evaluation of the implementation of restorative justice programs in 26 schools in London and Wales provides information on interventions and evaluation methods used. The report also lays out findings from the schools as well as case studies to create a narrative picture with the numerical results. It is the only national evaluation following a similar program across multiple schools and ages.
Restorative Justice 4 Schools Ltd Implementation Pack
The packet provided by Restorative Justice 4 School Ltd gives a great overview of key points to include and be aware of when implementing restorative justice within your school setting. Further exploration of their website provides resources for circle process assessments and other rating scales as well.
Balanced and Restorative Justice Guidebook
This guidebook is an implementation packet for bringing restorative justice into the school system. It addresses the need for school safety, and different pieces of incorporating restorative justice in the schools. The packet explains reasoning for and important pieces of circle processes, mediation and conferencing, and the peer jury.
Research Articles | |
File Size: | 829 kb |
File Type: | zip |
Government Reports | |
File Size: | 2192 kb |
File Type: | zip |
Activities and Guidebooks | |
File Size: | 1770 kb |
File Type: | zip |
Helpful Websites
1) Parkrose Middle School: Restorative Justice Program –
http://ms.parkrose.k12.or.us/Activities/restorative-justice1.html
Parkrose Middle School has provided a question and answer page on their website giving parents and community members more information about the restorative justice program at their school. This site offers a good example of what such a program could look like at your site and how to keep open communication with parents.
2) Resolutions Northwest - https://www.resolutionsnorthwest.org/
This organization offers trainings, facilitation, and mediation services for groups around the Portland area. Workshops include mediation, conflict resolution, active listening, and implementing restorative justice practices in the school setting. They have also collaborated with schools to bring restorative just programs into elementary, middle, and high school settings.
3) Restorative Justice 4 Schools - http://www.restorativejustice4schools.co.uk/
Restorative Justice 4 Schools is an organization which offers training in restorative justice practices around the United Kingdom. Although the website is more of an advertising tool for their services, they do offer a free download of their implementation packet and other useful worksheets. The packet has been included in “Worksheets and Programs Guides” of the resource page, but I did not include all available worksheets. Click on the “Restorative Approaches Implementation Pack” link of their homepage to access all available resources.
4) Restorative Justice Online - http://www.restorativejustice.org/
This website holds an incredibly wealth of information on restorative justice practices and theories around the world and in numerous settings. It is easy to search for articles, but equally overwhelming for the resources that are turned out. Restorative Justice Online is a great place to start if you are looking
http://ms.parkrose.k12.or.us/Activities/restorative-justice1.html
Parkrose Middle School has provided a question and answer page on their website giving parents and community members more information about the restorative justice program at their school. This site offers a good example of what such a program could look like at your site and how to keep open communication with parents.
2) Resolutions Northwest - https://www.resolutionsnorthwest.org/
This organization offers trainings, facilitation, and mediation services for groups around the Portland area. Workshops include mediation, conflict resolution, active listening, and implementing restorative justice practices in the school setting. They have also collaborated with schools to bring restorative just programs into elementary, middle, and high school settings.
3) Restorative Justice 4 Schools - http://www.restorativejustice4schools.co.uk/
Restorative Justice 4 Schools is an organization which offers training in restorative justice practices around the United Kingdom. Although the website is more of an advertising tool for their services, they do offer a free download of their implementation packet and other useful worksheets. The packet has been included in “Worksheets and Programs Guides” of the resource page, but I did not include all available worksheets. Click on the “Restorative Approaches Implementation Pack” link of their homepage to access all available resources.
4) Restorative Justice Online - http://www.restorativejustice.org/
This website holds an incredibly wealth of information on restorative justice practices and theories around the world and in numerous settings. It is easy to search for articles, but equally overwhelming for the resources that are turned out. Restorative Justice Online is a great place to start if you are looking
Future Directions and Current Trends
Historically, restorative justice programs in the United States have been focused around the judicial system as an alternative to jail. Many places have implemented Teen Courts to provide service and reparation opportunities for juvenile offenders (Juvenile Court Administration, 2007). A few restorative justice programs have been implemented in school settings in Hong Kong, Australia, and the United Kingdom (Wong, 2011; Shaw, 2007; Youth Justice Board for England and Wales, 2004). However, research is lacking for the use of such programs in schools within the United States. Future steps include gaining a better understanding of the effectiveness of restorative justice practices within several different school settings in the United States and multicultural backgrounds. It is also uncertain as to which populations may be unaffected or harmed by restorative justice practices. Current information has looked at drop-out and absenteeism rates and have been posted on a school by school basis through videos online (Resolutions Northwest). Empirical studies investigating comfort level of the student body and staff could gain a better understanding of systemic changes that may occur through restorative justice.
Given the call to action by the Department of Education (2014) to step away from traditional discipline practices of suspension and expulsion, restorative justice is potential tool to be utilized in the schools for addressing problem behavior. The American School Counseling Association (ASCA) needs to recognize restorative justice as an intervention which can be applied or advocated for by school counselors. Restorative justice can replace suspension and expulsion, helping school counselors in keeping youth in school. By recognizing this approach as a valid option, ASCA can pave the way for more trials and research to occur in school settings.
Schellenberg, Parks-Savage, and Rehfuss (2007) looked at the impact of another peer mediation model on school violence. Over a three-year period they found a 68% decrease in physical conflict, 40% decrease in defiance, 69% decrease in disruption, and an increase from three to four incidents of verbal conflict. It is possible to use these findings to advocate for the implementation of peer mediation within the school counseling program to begin a change to restorative justice.
Given the call to action by the Department of Education (2014) to step away from traditional discipline practices of suspension and expulsion, restorative justice is potential tool to be utilized in the schools for addressing problem behavior. The American School Counseling Association (ASCA) needs to recognize restorative justice as an intervention which can be applied or advocated for by school counselors. Restorative justice can replace suspension and expulsion, helping school counselors in keeping youth in school. By recognizing this approach as a valid option, ASCA can pave the way for more trials and research to occur in school settings.
Schellenberg, Parks-Savage, and Rehfuss (2007) looked at the impact of another peer mediation model on school violence. Over a three-year period they found a 68% decrease in physical conflict, 40% decrease in defiance, 69% decrease in disruption, and an increase from three to four incidents of verbal conflict. It is possible to use these findings to advocate for the implementation of peer mediation within the school counseling program to begin a change to restorative justice.