Wichita Public Schools responds to findings of Justice Department investigation

WICHITA, Kansas (KWCH) – Kelly Bielefeld, superintendent of Wichita Public Schools, is holding a press conference to Results of an investigation launched by the U.S. Department of Justice in spring 2022.

The Justice Department said the investigation looks at racial and disability discrimination in Kansas’ largest school district.

“As part of the settlement, the district will revise its practices to prevent discrimination in disciplinary actions and student referrals to law enforcement, end the use of seclusion, reform its enforcement practices, and improve services for students with disabilities in certain schools and classrooms,” the Justice Department said.

You can read the settlement agreement here Here.

Among other things, the department’s investigation found that the district’s black students were disciplined more frequently and more severely than white students who behaved similarly and had similar backgrounds and disciplinary histories. This pattern was most evident when it came to subjective offenses such as insubordination, and was especially evident when it came to disciplining black girls, whose behavior was repeatedly characterized using stereotypical terms such as “attitude” or “drama.” In addition, the investigation concluded that the district inappropriately and repeatedly isolated and detained students with disabilities and relegated those with the most severe behavior problems to substandard facilities with inadequate services and supports.

“Black students in our nation’s public schools should not face discipline or referral to the police because of their race. And students with disabilities should not have to experience the trauma of isolation or inappropriate restraints,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Schools in our communities should not be places of fear or distrust. This agreement reaffirms our core principles of ending the school-to-prison pathway and protecting our most vulnerable students from all forms of discrimination and segregation.”

The school district cooperated fully with the investigation, which was conducted under Titles IV and VI of the Civil Rights Act of 1964, Title II of the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act. The Department’s review uncovered discriminatory treatment of Black students in disciplinary administration at several schools. At certain middle schools, Black girls were particularly likely to be excluded from class for perceived insubordination and dress code violations. The Department’s investigation also found evidence of racial discrimination in referrals to police, as well as a pattern of security officers responding to routine disciplinary matters and escalating those incidents, resulting in Black students being unnecessarily referred to police for routine or minor misconduct.

In addition, the department’s investigation concluded that the district inappropriately and repeatedly isolated and restrained students with disabilities, including for punitive reasons or in response to failure to comply with school rules and staff instructions. During the investigation period, more than 98% of the district’s approximately 3,000 restraints and seclusions were used on students with disabilities. At least 44 students were restrained and segregated 20 or more times during the investigation period, and one student was restrained or isolated at least 144 times, including 99 seclusions that totaled over 15 hours. In the district’s schools and classrooms for students with disabilities – where the vast majority of seclusions and restraints occurred – the district either lacked behavioral interventions for students or failed to implement them and ensure their effectiveness. When the department visited the district’s special schools for students with behavioral problems, it found substandard facilities without furniture, teaching materials and the type of decoration common in schools, and staff unable to meet the needs of students.

Under the agreement, the district will, among other things:

Develop a district-wide code of conduct, standardize dress code, and establish a behavior intervention protocol to ensure non-discriminatory discipline administration and prevent unnecessary exclusion of students from the school environment.
Establish a system to monitor discipline administration in schools at the district level to prevent discrimination.
Ensure that school security and law enforcement officials intervene in student misconduct only in appropriate cases, thereby avoiding the criminalization of routine school disciplinary matters.
Eliminate the use of seclusion;
Restrain students only when their behavior poses an immediate threat of serious physical harm to the student or another person, properly document all restraints, and take appropriate action with students who are restrained or seized;
Ensure that only professionals with the necessary expertise and training manage and staff special schools for pupils with disabilities;
Provide counseling and compensatory education to students who have been repeatedly excluded.
Establish a position to oversee county restraint measures (and isolation until lifted) to ensure compliance with the agreement and to assist county staff in providing necessary interventions and supports.

Today is the 60th anniversary of the Civil Rights Act of 1964. Enforcing Titles IV and VI of the Civil Rights Act to protect students from racial discrimination in schools is a priority of the Civil Rights Division. In addition, this agreement is the latest in a series of agreements under Title II of the ADA to combat and prevent the unlawful segregation and restraint of students with disabilities in public schools. For more information on the Division’s work under the ADA to combat unjustified segregation in schools, visit www.justice.gov/schoolseclusion.

For more information about the Civil Rights Division, visit www.justice.gov/crtFor more information about the work of the Civil Rights Division’s Educational Opportunities Section, visit www.justice.gov/crt/educational-opportunities-section.

Citizens can report possible violations of civil rights at www.civilrights.justice.gov/.

View the cover letter sent to Wichita Public Schools in English here.

View the cover letter sent to Wichita Public Schools in Spanish here.

The summary of the settlement agreement in English can be found here.

The summary of the settlement agreement in Spanish can be found here.

Updated on July 2, 2024