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Fair is Fair…or is it?

November 18, 2015 2 comments

“I cannot say whether things will get better if we change; what I can say is that they must change if they are to get better.”     ~Georg Christoph Litchenberg

 

The talk linked to this post is powerful, thought provoking and was, for me, disturbing.  Bryan Stevenson is an American lawyer, legal scholar, social justice activist and founder of the Equal Justice Initiative. Hopefully you will grab a bag of popcorn, dig in and watch the talk before you read this post. That is, after all, why I often ink my posts with media content.

Schools are complex systems; the interactions of children, families and educators are complicated- with moments of joy, outbursts of conflict and a level of intensity that is powerful. So powerful that emotion can, at times, trump reason and a balanced perspective.  This is no more true than those times when children harm one another, respond to perceived injustices by acting out or challenge rules that they feel are unfair.

There was a time when we used terms like ‘zero tolerance’ to describe school discipline practices and policies- with the belief that punishment would be enough to ensure that students wouldn’t hurt one another or challenge the existing authority structures of the school. I reject this belief for a simple reason- it doesn’t really work.

Bryan Stevenson explains how and why it doesn’t ‘work’ with much more eloquence, authority and urgency that I ever could-I won’t even try (so watch the video-please).

What I will add is this-only because it is based on my experience as a father and an educator. Punishment doesn’t work because when we punish we are not teaching. As Ross Greene reminds us, children behave the way they can; based upon their experiences, state of mind and well being. Teaching requires that we understand the child’s needs and create the conditions for them to connect, reflect, communicate and learn. Whether it is learning about our number system, the events of our past, the elements of effective narrative writing; or what to do when you have harmed another person.

This is why effective schools -and enlightened youth police outreach programs- focus on restorative justice approaches. When children learn to accept responsibility and repair the harm that they have done we work towards solving two problems- the harm that was caused and the issues and challenges that led to the harm in the first place.

In my experience, the students who are subject to the most disciplinary responses exist on the margins-  they have language or learning difficulties, mental health concerns like ADHD or Autism Spectrum Disorder, or live in communities with limited resources, poverty or weak family support structures. Schools are supposed to serve to counter to these influences- not accelerate them- this is what it really means to be ‘fair’.

 

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