When the Oakland Unified school district鈥檚 restorative justice coordinator, David Yusem, walks into one of the district鈥檚 schools, he wants to know how it feels: Does it feel caring? Is there beauty on the walls? Do people seem to be happy? Are people showing up because they feel loved?
That鈥檚 how he tries to gauge the California district鈥檚 nearly two-decade progress with restorative justice practices, a complete reimagining of school culture, and building a school community, while also ultimately dismantling a racially disproportionate discipline structure.
鈥淲e know it works from our personal experiences with it,鈥 he said. 鈥淚 can point to numbers that show it works, but those numbers aren鈥檛 as important.鈥
Student misbehavior has increased following the pandemic, leading to more classroom friction since schools returned to in-person learning. A crisis of chronic absenteeism has eroded community connections, complicating the fostering of a supportive and trusting environment.
Even as educators see an uptick in misbehavior, nearly half of teachers and administrators say their schools are using restorative justice practices more now than five years ago, according to a recent EdWeek Research Center survey. But the purest version of the restorative justice framework is hard to come by, said Allison Payne, a professor at Villanova University in Pennsylvania who studies the practice.
鈥淚t requires a complete overhaul of not just the disciplinary structure but the full ethos of a school,鈥 she said.
Here鈥檚 an overview of what restorative justice is and how it fits into the larger school system.
Under the full model, there would need to be a sense in the school community that everyone belongs and everyone is connected. Any negative behavior, to the point that it brings harm or damages the web of relationships, would be addressed under the concept of: How do we fix those relationships?
鈥淭he response is not: 鈥榊ou are bad, you need to leave,鈥欌 Payne said. 鈥淭he response is: 鈥榃hat you did was wrong, so we need to fix that.鈥欌
Often, Payne said, interventions and supports are depicted as a pyramid. A majority of students who do little wrong are in the bottom tier. Moving upward, there are smaller groups of at-risk students and those who are misbehaving. Supportive and trusting relationships tend to focus on the bottom tier, where there鈥檚 usually a conversation with a teacher or counselor when misbehavior occurs, which is reflective of restorative justice practices.
The top two tiers tend to face punitive responses: They get sent to the principal or get detention鈥攐r they鈥檙e removed from school entirely.
Sometimes, schools use practices along with punitive approaches, which is like "slapping restorative justice on top of a punitive framework," said Kelly Welch, a professor in the sociology and criminology department at Villanova University who co-authored research with Payne.
鈥淸It's] just a really inconsistent message that kids are getting: 鈥極K, well we鈥檒l treat you really restoratively, but then we鈥檙e going to treat you harshly if we don鈥檛 like what you鈥檙e doing,鈥欌 she said.
Over time, especially in the last few decades, more schools have implemented restorative justice practices into their disciplinary measures. Only a limited number of schools have fully decided to 鈥渂urn it down and build it back up鈥 to use the true framework, Payne said.
In Oakland, Yusem, the restorative justice coordinator, said that the district banned 鈥渄efiance鈥 as a suspension-level offense. Now, most of their suspensions are violence-related. Largely, they鈥檝e seen a decline in exclusionary disciplinary practices.
He said he doesn鈥檛 look at restorative justice as an alternative to the punitive measures, but, 鈥渋f you practice it with fidelity, over time, you鈥檙e going to see your suspensions and expulsions go down as a result, because it鈥檚 not going to be necessary.鈥
It does that by promoting character development; increasing student connections; building classroom community; resolving conflict efficiently; building consensus; planning for the future; achieving mutual understanding; and ritualizing connections, transitions, and change, she said.
鈥淚t鈥檚 really about establishing resolution, seeking those root harms behind the individual and group behaviors, but also repairing that harm and resolving conflict, and individualizing the case plans for all the students who are involved,鈥 Pavelka said. 鈥淎s we know, hurt people hurt people, and hurt children will hurt other children.鈥
- Respect: Having respect for everyone by listening to opinions and learning to value them;
- Responsibility: Taking responsibility for one鈥檚 actions;
- Repair: Giving the school community the skills so individuals have the ability to identify solutions that repair harm;
- Reintegration: Having a structured, supportive process to resolve harms, and ensure those harms aren鈥檛 repeated, without removing students from the school environment.
Pavelka said it brings a wealth of positive values: developing character, building consensus, achieving mutual understanding, and building school and classroom community.
Villanova's Welch said that students are often treated like criminals in the criminal justice system.
鈥淭hey are still kids, and they are going to school, and their primary objective is to learn,鈥 she said. 鈥淚 think this is just such a promising context in which to implement restorative justice.鈥
One by RAND Corporation, a research organization, showed that, in a sample of schools using the practices and comparison schools that didn't, there was a negative impact on some students' academic achievement and no significant decrease in the school-to-prison pipeline. , published in the Journal of Youth and Adolescence, showed no change in school climate.
Pavelka said that people criticize the use of restorative justice as being 鈥渟oft鈥 on kids exhibiting bad behavior. It coincides with trends seen in the criminal justice system, she said. Sometimes, there are pushes to take harsher approaches to crime, like calling for more police officers and enforcement efforts. Other times, there are approaches that favor stronger support services over policing.
Pavelka said that support for implementing restorative models can come from educators, the school board, and the community. The same is true of its detractors, she said.
鈥淚 think it just depends, again, on the political factors,鈥 she said. 鈥淚t depends on the culture of that community, the culture of those schools because, as you know, each school culture is different.鈥
Not only are schools more likely to use suspension and expulsion for Black and Hispanic students, but they鈥檙e less likely to adopt restorative practices altogether, Welch said.
Disciplinary actions in schools make it more likely that children eventually end up in the criminal justice system, Welch said.
鈥淭he idea is that if we were to change a lot of that punitive discipline and make it more restorative, it is possible that not only will kids have a more positive experience in school, have better graduation rates, and so forth, but that they will also be less likely to end up in the criminal justice system, and we could reduce some of the racial disparity there,鈥 Welch said.
Yusem said that in Oakland, the number of Latino students facing exclusionary discipline from school is not disproportionate to the population size. But it is true of Black students, he said. It鈥檚 an ongoing conversation for the district to be anti-racist and dismantle a pipeline impacting Black students in particular.
鈥淚f you look at suspensions, they鈥檝e gone down dramatically, but they鈥檙e still racially disproportionate,鈥 he said. 鈥淚t鈥檚 clear we鈥檝e still got a lot of work to do.鈥
Yusem said that the school board passed a resolution in 2010 to move to the model to build community and decrease racially disproportionate discipline.
Today, two staff members鈥擸usem, as the coordinator, and a program manager鈥攐versee the central vision, providing training and coaching. Site-based staff members work on embedding the premise at the school level, through features like talking or peace circles.
Often, Yusem said, people think of restorative justice as something you do to students, rather than something you do with everybody, such as using dialogue circles to create community, rather than just dealing with harm. Hundreds of students, across grade levels, are trained as circle keepers.
It鈥檚 hard to do, he acknowledged. It鈥檚 taking century-old institutions and changing policies that are 鈥渉ard-baked鈥 into them, he said. And then there鈥檚 turnover: Teachers, principals, and superintendents come and go.
鈥淚t can be like digging a hole in the sand where the sand keeps filling it back up. It鈥檚 hard to maintain a shift of this magnitude with all those factors I just mentioned,鈥 he said. 鈥淚t鈥檚 not a curriculum. It鈥檚 not a three-ring binder we give people and say, 鈥楧o this now.鈥 We鈥檙e asking people to be a certain way with each other.鈥
Schools likely would have to hire consultants to overhaul the system, and there would be an expense for hiring more people to care for the students, Welch said.
鈥淚t would be a somewhat dramatic transformation, given how most schools are doing things now, which is kind of neglecting the problem until it鈥檚 really terrible and then the use of these extreme measures,鈥 Welch said.
What's more, there needs to be buy-in from the entire community, Pavelka said, and a willingness to defy larger political headwinds.
鈥淲e see that punitive measures in schools come back into play because of political issues,鈥 she said.