James P. Scanlan, Attorney at Law

Home Page

Curriculum Vitae

Publications

Published Articles

Conference Presentations

Working Papers

page1

Journal Comments

Truth in Justice Articles

Measurement Letters

Measuring Health Disp

Outline and Guide to MHD

Summary to MHD

Solutions

page3

Solutions Database

Irreducible Minimums

Pay for Performance

Between Group Variance

Concentration Index

Gini Coefficient

Reporting Heterogeneity

Cohort Considerations

Relative v Absolute Diff

Whitehall Studies

AHRQ's Vanderbilt Report

NHDR Measurement

NHDR Technical Issues

MHD A Articles

MHD B Conf Presentations

MHD D Journal Comments

Consensus/Non-Consensus

Spurious Contradictions

Institutional Corresp

page2

Scanlan's Rule

Outline and Guide to SR

Summary to SR

Bibliography

Semantic Issues

Employment Tests

Case Study

Case Study Answers

Case Study II

Subgroup Effects

Subgroup Effects NC

Illogical Premises

Illogical Premises II

Inevitable Interaction

Interactions by Age

Literacy Illustration

RERI

Feminization of Poverty S

Explanatory Theories

Mortality and Survival

Truncation Issues

Collected Illustrations

Income Illustrations

Framingham Illustrations

Life Table Illustrations

NHANES Illustrations

Mort/Surv Illustration

Credit Score Illustration

Intermediate Outcomes

Representational Disp

Statistical Signif SR

Comparing Averages

Meta-Analysis

Case Control Studies

Criminal Record Effects

Sears Case Illustration

Numeracy Illustration

Obesity Illusration

LIHTC Approval Disparitie

Recidivism Illustration

Consensus

Algorithm Fairness

Mortality and Survival 2

Mort/Survival Update

Measures of Association

Immunization Disparities

Race Health Initiative

Educational Disparities

Disparities by Subject

CUNY ISLG Eq Indicators

Harvard CRP NCLB Study

New York Proficiency Disp

Education Trust GC Study

Education Trust HA Study

AE Casey Profic Study

McKinsey Achiev Gap Study

California RICA

Nuclear Deterrence

Employment Discrimination

Job Segregation

Measuring Hiring Discr

Disparate Impact

Four-Fifths Rule

Less Discr Alt - Proc

Less Discr Altl - Subs

Fisher v. Transco Serv

Jones v. City of Boston

Bottom Line Issue

Lending Disparities

Inc & Cred Score Example

Disparities - High Income

Underadjustment Issues

Absolute Differences - L

Lathern v. NationsBank

US v. Countrywide

US v. Wells Fargo

Partial Picture Issues

Foreclosure Disparities

File Comparison Issues

FHA/VA Steering Study

CAP TARP Study

Disparities by Sector

Holder/Perez Letter

Federal Reserve Letter

Discipline Disparities

COPAA v. DeVos

Kerri K. V. California

Truancy Illustration

Disparate Treatment

Relative Absolute Diff

Offense Type Issues

Los Angeles SWPBS

Oakland Disparities

Richmond Disparities

Nashville Disparities

California Disparities

Denver Disparities

Colorado Disparities

Nor Carolina Disparitie

Aurora Disparities

Allegheny County Disp

Evansville Disparities

Maryland Disparities

St. Paul Disparities

Seattle Disparities

Minneapolis Disparities

Oregon Disparities

Beaverton Disparities

Montgomery County Disp

Henrico County Disparitie

Florida Disparities

Connecticut Disparities

Portland Disparities

Minnesota Disparities

Massachusetts Disparities

Rhode Island Disparities

South Bend Disparities

Utah Disparities

Loudoun Cty Disparities

Kern County Disparities

Milwaukee Disparities

Urbana Disparities

Illinois Disparities

Virginia Disparities

Behavior

Suburban Disparities

Preschool Disparities

Restraint Disparities

Disabilities - PL 108-446

Keep Kids in School Act

Gender Disparities

Ferguson Arrest Disp

NEPC Colorado Study

NEPC National Study

California Prison Pop

APA Zero Tolerance Study

Flawed Inferences - Disc

Oakland Agreement

DOE Equity Report

IDEA Data Center Guide

Duncan/Ali Letter

Crim Justice Disparities

U.S. Customs Search Disp

Deescalation Training

Career Criminal Study

Implicit Bias Training

Drawing Inferences

Diversion Programs

Minneapolis PD Investig

Offense Type Issues CJD

Innumerate Decree Monitor

Massachusetts CJ Disparit

Feminization of Poverty

Affirmative Action

Affirm Action for Women

Other Affirm Action

Justice John Paul Stevens

Statistical Reasoning

The Sears Case

Sears Case Documents

The AT&T Consent Decree

Cross v. ASPI

Vignettes

Times Higher Issues

Gender Diff in DADT Term

Adjustment Issues

Percentage Points

Odds Ratios

Statistical Signif Vig

Journalists & Statistics

Multiplication Definition

Prosecutorial Misconduct

Outline and Guide

Misconduct Summary

B1 Agent Cain Testimony

B1a Bev Wilsh Diversion

B2 Bk Entry re Cain Call

B3 John Mitchell Count

B3a Obscuring Msg Slips

B3b Missing Barksdale Int

B4 Park Towers

B5 Dean 1997 Motion

B6 Demery Testimony

B7 Sankin Receipts

B7a Sankin HBS App

B8 DOJ Complicity

B9 Doc Manager Complaints

B9a Fabricated Gov Exh 25

B11a DC Bar Complaint

Letters (Misconduct)

Links Page

Misconduct Profiles

Arlin M. Adams

Jo Ann Harris

Bruce C. Swartz

Swartz Addendum 2

Swartz Addendum 3

Swartz Addendum 4

Swartz Addendum 7

Robert E. O'Neill

O'Neill Addendum 7

Paula A. Sweeney

Robert J. Meyer

Lantos Hearings

Password Protected

OIC Doc Manager Material

DC Bar Materials

Temp Confidential

DV Issues

Indexes

Document Storage

Pre 1989

1989 - present

Presentations

Prosec Misc Docs

Prosec Misc Docs II

Profile PDFs

Misc Letters July 2008 on

Large Prosec Misc Docs

HUD Documents

Transcripts

Miscellaneous Documents

Unpublished Papers

Letters re MHD

Tables

MHD Comments

Figures

ASPI Documents

Web Page PDFs

Sears Documents

Pages Transfer


 

Denver Disparities

(Jan. 20, 2014; rev. Jan. 31, 2020)

Prefatory note added May 6, 2019 (rev. Jan. 31, 2020): 

The body of this page discusses that, as someone with a sound understanding of statistics would expect, general reductions in suspensions in Denver were accompanied by increased relative racial differences in discipline rate.  This prefatory material principally discusses the way that peer reviewed articles, including one co-authored by Denver Public School officials, would lead observers, including leadership of Denver Public Schools, to believe that general reductions in suspensions were accompanied by reduced relative racial differences in suspensions when in fact those differences increased.

This page is similar to the following subpages of the Discipline Disparities page on this site, which discuss like situations where (in the jurisdictions indicated in the titles of the subpages) general reductions in discipline rates were in fact accompanied by increased relative racial/ethnic differences in discipline rates:  California Disparities, Colorado Disparities, Connecticut Disparities, Florida Disparities, Illinois Disparities, Maryland Disparities, Massachusetts Disparities,  Minnesota Disparities, North Carolina Disparities, Oregon Disparities, Rhode Island Disparities, Utah Disparities, Virginia Disparities, Allegheny County (PA) Disparities, Aurora (CO) Disparities, Beaverton (OR) Disparities, Denver Disparities, Evansville (IN) Disparities, Henrico County (VA) Disparities,  Kern County (CA) Disparities, Los Angeles SWPBS, Loudoun County (VA) Disparities, Milwaukee Disparities,  Minneapolis Disparities, Montgomery County (MD) Disparities, Nashville Disparities, Oakland (CA) Disparities, Portland (OR) Disparities, Seattle Disparities, St. Paul Disparities, South Bend Disparities, Urbana (IL) Disparities.

Some of the subpages may provide substantial detail, while others simply present statements describing the situations.  See also my “Maryland Discipline Study Shows Usual – But Misunderstood – Effects of Policies on Measures of Racial Disparity,” Gunpowder Gazette (Dec. 16, 2019), which discusses a study showing that general reductions in suspension in Maryland schools between the 2008-09 and 2013-14 school years had been accompanied by an increase in the ratio of the statewide black suspension rate to the statewide white suspension rate, and that, during that period, 20 of the 23 Maryland school districts for which data on black and overall suspension rate reductions could be analyzed there occurred an increase in the ratio of the black suspension rate to suspension rate for other students.  See also the Minnesota Disparities page regarding a study finding that in all 73 districts in Minnesota where the matter could be analyzed general reductions in suspensions were accompanied by increases in the ratio of the black suspension rate to the white suspension rate.

Other useful related readings regarding the pervasive misunderstanding of this issue include my December 8, 2017 testimony explaining the issue to the U.S. Commission on Civil Rights, my letters explaining the issue to the United States Departments of Education, Health and Human Services, and Justice (July 17, 2017), Comptroller General of the United States (Apr. 12, 2018), Minnesota Department of Human Rights (May 14, 2018), and Maryland State Department of Education (June 26, 2018), as well as my “Misunderstanding of Statistics Leads to Misguided Law Enforcement Policies,” Amstat News  (Dec. 2012), “The Paradox of Lowering Standards,” Baltimore Sun (Aug. 5, 2013), “Innumeracy at the Department of Education and the Congressional Committees Overseeing It,” Federalist Society Blog (Aug. 24, 2017), “The Pernicious Misunderstanding of Effects or Policies on Racial Differences in Criminal Justice Outcomes,” Federalist Society Blog (Oct. 12, 2017). Some recent discussions of the continuing failure of the U.S. Department of Education and other agencies of federal and state governments to understand this issue may be found in “COPAA v. DeVos and the Government’s Continuing Numeracy Problem,” Federalist Society Blog (Sept. 12, 2019) (the appendix to which discusses the U.S. Commission on Civil Rights’ treatment of the above-mentioned testimony) as well as the above-mentioned Gunpowder Gazette commentary.  While the recent “Usual, But Wholly Misunderstood, Effects of Policies on Measures of Racial Disparity Now Being Seen in Ferguson and the UK and Soon to Be Seen in Baltimore,” Federalist Society Blog (Dec. 4, 2019), principally addresses misperceptions about the effects of policies on measures of racial differences in criminal justice outcomes, its Appendix discusses like misperceptions with regard to school discipline outcomes, while specifically mentioning the mistaken understanding of what in fact occurred in Denver.

The first of the peer-reviewed articles that would lead observers to believe that relative racial differences decreased when they in fact increase was a Spring 2017 article in Future of Children titled “Social and Emotional Learning and Equity in School Discipline.” The article discusses the effects of programs that generally reduced discipline rates on measures of racial disparity.  Because the authors apparently did not understand that it is possible for relative and absolute differences to change in opposite directions – much less that, in the school discipline context, this tends to occur systematically – they make a number of statements suggesting or indicating that reductions in discipline rates reduced relative racial differences in discipline rates (although not by very much).  One of these statements is discussed on the Oakland (CA) Disparities page. 

With respect to Denver the article states (at 125):

“From 2006 to 2013 in Denver, the district’s overall suspension rate dropped by half, from 10.58 percent to 5.63 percent. In Cleveland, suspensions dropped by 60 percent over three years.

“Denver saw a slight narrowing of racial suspension gaps: from 2006 to 2013, suspension rates for black students fell by 7.2 percentage points—the largest reduction among the district’s racial groups in absolute terms. Still, in 2013 the suspension rate for black students, at 10.42 percent, remained almost five times higher than that for white students, at 2.28 percent.35”

Readers would assume that the ratio of the black suspension rate to the white suspension had declined, while still remaining high. In fact, however, as shown in Table 10.1 (at 6) of the article’s reference 35 (a 2014 paper by Thalia Gonzalez), over the period discussed the ratio increased from 3.0 (17.61/5.88) to 4.6 (10.42/2.28).  (Had the article discussed the percentage decline, it would have been 41% for blacks and 61% for whites, or to use the phrasing employed at the beginning of the excerpt, the suspension rate dropped by less than half for blacks and by more than half for whites.) 

The Gonzalez study has also misled many others regarding the effects of restorative justice practices on relative racial differences in suspensions in Denver.  A January 20, 2019 issue brief by the Denver-based Education Commission of the States, which discusses discipline disparities in terms of the ratio of the black rate to the white rate, relied on the Gonzalez study to report that racial disparities in suspensions were reduced.  April 21, 2019 Salon article “How schools are using restorative justice practices to remedy racial disparities in discipline” also cites data from the Gonzalez study is support of the theme reflected in the title.  This article, which also discusses the situation in Oakland, shows no awareness of the possibility that relative and absolute differences can show different patterns of changes. A May 2019 report by the Learning Policy Institute read the Gonzalez study finding that restorative practices had reduced relative differences in discipline rate, while presenting figures (at 12) on reductions in absolute differences that, if true, would in fact show a reduction in the relative difference between black and white rates.  But the study erroneously presented the white suspension rates at the beginning and end of the period shown in Table 10.1 of the Gonzalez article as the absolute differences between rates at the beginning and end of the period.  A December 2018 Rand study of restorative practices in Pittsburg discussed (at 4) the Gonzalez findings with regard to absolute differences in a way that would lead many or most observers to believe that the ratio of the black rate to the white rate had decreased, just as those findings had led the Future of Children article authors to believe that.    

The second peer-reviewed articles that would lead observers to believe that relative racial differences in suspension in Denver decreased when they in fact increased was a June 2018 article in School Psychology Review titled “An Examination of Restorative Interventions and Racial Equity in Out-of-School Suspensions, ” which was co-authored by Denver school officials and reported a study specifically focused on Denver schools.  The article states (at 171):

“Since the passage of the new policy, OSS rates have steadily declined from 7.4% to 3.6% of all students in the district, as has the proportion of students entering the discipline system (from 15.4% to 8.9%). At the same time, schools’ use of RIs increased from less than 4% of disciplined students to nearly 26%. However, districtwide suspension rates suggest that racial disparities among disciplined students have persisted in recent years, although racial gaps in suspension rates have narrowed over time (Anyon et al., 2014). In 2015 (the most recent data available), 6% of Black students, 5% of Native American students, 3% of Latino students, 1% of White students, and 1% of Asian students were issued one or more suspensions. In contrast, in 2008, before discipline reform was implemented, the rates were as follows: 14% of Black students, 11% of Native American students, 9% of Latino students, 5% of White students, and 2% of Asian students. This represents a narrowing of the suspension gap between White and Black students from 9% to 5% over 7 years, although Black students remain six times more likely to be suspended than their White peers.”

In this instance, data in the paragraph itself show that the ratio of the black suspension rate to white suspension rate did not “remain” at 6.0 (6%/1%), but rather had increased to 6.0 from 2.8 (14%/5%).   But it is unlikely that Denver officials reviewing the recent School Psychology Review article to inform their policy would recognize this, just as, apparently, it was not recognized by editors or peer reviewers of School Psychology Review.  

In addition to the situations in Oakland and Denver, situations where observers mistakenly regarded an larger absolute reduction for blacks than whites as indicating a reduction in the relative difference are discussed on Allegheny County (PA) Disparities, Massachusetts Disparities, and Virginia Disparities pages.

The following matters warrant mention with regard to Colorado, however.  Pages 3-4 of aforementioned letter to Maryland State Department of Education  discuss DOE data showing that nationally and in all but 5 states that black-white ratio of multiple suspension rates is greater than the black-white ratio of rates of one or more suspensions as an illustration of the way that eliminating what would otherwise be first suspensions would tend to increase the black-white ratio of rates of one or more suspensions.  But Colorado, where the black-white ratio is 3.6 for one or more suspension and 3.1 for multiple suspensions, is one of the states where the pattern does not hold.  I am uncertain of the reasons for this and it would be useful to know the pattern in Denver itself. 


Prefatory note added June 2014:

Subsequent to the initial creation of this page, Padres y Jovenes Unidos issued its “3rd Annual Community Accountability Report Card: Toward Ending the School-to-Jail Track in Denver Public Schools 2012-2013.”  The report shows that, as the number of suspensions was further reduced in the 2012-13 school year, the ratio of the black suspension rate to the white suspension rates increased from 5.5 to 6.1.  The Hispanic-white ratio was unchanged from the prior year.  The original version of this prefatory note states that page will eventually be amended to further discuss the recent report.  But I am not sure that I will get around to doing that. 

 


***

Colorado is one of the jurisdictions that relaxed discipline standards based, at least in part, on the mistaken perception that doing so would decrease racial and ethnic disparities in school discipline rates.  As discussed in “Misunderstanding of Statistics Leads to Misguided Law Enforcement Policies,” Amstat News (Dec. 2012) (which mentions the Colorado legislation), relaxing discipline standards will tend to increase, rather than reduce, relative differences in discipline rates.  The Colorado legislation was enacted in May 2012, so it may be some time before data are available to appraise the results of the legislation.

But even before Colorado relaxed standards, the Denver Public Schools had begun to reduce suspension and expulsion rates.  According to a December 2012 report by the group Padres y Jovenes Unidos (DPS Accountability Meeting Report Card), in the 2011-2012 school year, out-of-school suspensions and expulsions were down 13% and 40% from the prior year.  But the report also found that race/ethnic discipline disparities remained large.  Black and Hispanic students experienced out-of-school suspensions 5.5 and 2.4 times as often as white students.  The report did not explain how those disparities compared with disparities from the prior year.

Without knowing precisely how the 5.5 and 2.4 figures were derived, one cannot make exact comparisons with prior year data.  But available data seem to indicate, as one knowledgeable about the relevant statistical patterns would expect, these ratios reflected increases from prior years. 

The most recent available data from the Department of Education is for 2009.   Often observers report racial differences in discipline rates separately for students with and without disabilities.  But there is no indication in the Padres y Jovenes Unidos report that the figures are other than total figures.  In any case, Table 1 presents the figures for black and Hispanic out-of-school suspension rates compared with white out-of-school suspension rates, separately by total (including students with and without disabilities, which is probably the approach in the report), by students without disabilities, and by students with disabilities.  No ratio of the black out-of-school suspension rate to the white out-of-school suspension rate is above 4.0 and no ratio of the Hispanic out-of-school suspension rate to the white out-of-school suspension rate is above 2.0.   

Table 1:  2009 Out-of-School Suspensions in Denver Public Schools by Race and Ethnicity with Ratios of Minority to White Rates (overall and by disability status) [ref N2/b4920a1] 

Minority

Comparison

MinSusp

MinTotal

WhSusp

WhTotal

MinRate

WhRate

Min/White Susp Ratio

Black

Total

1905

12425

760

19220

15.33%

3.95%

3.88

Black

W/O Disabilities

1440

10700

590

17260

13.46%

3.42%

3.94

Black

With Disabilities

465

1725

170

1960

26.96%

8.67%

3.11

Hisp

Total

3245

42090

760

19220

7.71%

3.95%

1.95

Hisp

W/O Disabilities

2540

37220

590

17260

6.82%

3.42%

2.00

Hisp

With Disabilities

705

4870

170

1960

14.48%

8.67%

1.67