Richard Arum and Doreet Preiss have identified an often-overlooked impediment to education reform (“Law and Disorder in the Classroom,” research, Fall 2009). Due process was initially introduced into the public school context to protect basic fundamental rights. Today, an overly expansive understanding of what the law requires has produced rigid, bureaucratic discipline procedures that undermine the flexibility needed for intelligent, effective school management.

A culture of order and respect is the foundation of every successful school. It makes sense intuitively, and we have seen repeatedly that successful school reform, charter schools, and turnaround initiatives focus first on discipline and culture to establish a foundation for learning. Children cannot learn in disorderly schools where educators feel powerless and teachers spend as much time on discipline as they do on instruction.

Strong leadership, respect for authority, and perception of fairness are essential to create a positive, productive school culture. And yet the encroachment of due process into daily discipline decisions has undermined all three. Arum and Preiss show that the threat of litigation is a real presence in the lives of educators, one that casts a shadow over their decisions.

If we take just one lesson from Arum and Preiss’s research, it should be that we are on the wrong path. To reverse course, we need a dramatic reclarification of authority and an endorsement of educators as the leaders of schools. We also need to reeducate parents, students, educators, and the broader community about the value of strong leadership. Finally, we need to make school culture a priority and encourage all members of the school community to participate in promoting the values and discipline protocols in schools.

Philip K. Howard
Chair
Common Good