“Professionals are expected to exercise discretionary judgment in their field,” (Lipsky, 2010 pg. 14). Well, we all know how well some professionals exercise discretion in their chosen field and the life-altering effect it has. Whether that be cops ending an innocent person’s life or a high school counselor failing to enroll their student in the appropriate courses to be college eligible. So why are professionals giving discretion instead of hard concrete rules and policies they must adhere to? Lipsky (2010), outlined three reasons why discretion is given:
- Life and situations are too complicated to live by a rule book and strict guidelines.
- Professionals have to respond to the human aspect, and policies don’t always take that into account.
- Discretions allow the customer, client or student to feel like they professional has their best interest at heart.
This is where the problem with discretion arises particularly in our schools and classrooms, or at least my schools and classrooms growing up. Milner IV (2017) found that although well intended, white teachers may develop curriculum and instructional practices that contribute to inequity and harmful racial assumptions. Because I dressed and talked like my surroundings, my thirst for knowledge was never quenched by a majority of teachers growing up. They used their discretion not to see my potential, and I believe this led to the microaggressions my peers, and I endured every day. The sad part about all of this, I graduated in 2004, and not much has changed. Milner IV (2017) also found that it’s not uncommon for k-12 students of colors to experience microaggressions in the classroom which in return disinterest and disengages students from the educational process (Milner IV, 2017).
Could this be the reason African-Americans or underrepresented in college and overrepresented in the state of California. The discretion of what Lipsky (2010) named street-level bureaucrats often criminalize students of color by robbing them of opportunities. In 2014, data released by the Department of Education’s Office for Civil Rights showed that although African American students are only 18 percent of U.S. pre-K enrollment, they account for 48 percent of preschoolers with multiple suspensions. There’s more, African American students are expelled three times more than their white counterparts. Wait there’s more, African American and Latina/o students account for 40 percent of enrollment at schools offering gifted programs, but only 26 percent are enrolled in gifted programs. Not done yet, African American and Latina/o are more likely to have first-year teachers than their white counterparts. The last one I promise, African American students are three times as likely to attend schools where less than 60 percent of teachers meet all state requirements for certification and licensure (Smith, Hung & Franklin, 2011). If this is not robbery, I am not sure what is.
This blog doesn’t offer up a grand solution to fixing the problem but more of an examination. I am not arguing that professionals and particularly teachers shouldn’t have the discretion to use their education, instincts or natural gifts. I am merely shedding more light on the damage poor discretion can do to a young mind.
References
Lipsky, M. (2010). Street-level bureaucracy: Dilemmas of the individual in public services. New York: Russel Sage Foundation.
Martin, J. L., Sharp-Grier, M., & Smith, J. B. (2016). Alternate Realities: Racially Disparate Discipline in Classrooms and Schools and Its Effects on Black and Brown Students. Leadership And Research In Education, 3(1), 16-33.
Milner IV, H. R. (2017). Unconscious Bias Hurts: Racial slights can take a mental toll on students of color. Educational Leadership, 75(4), 86-87.
Smith, W., Hung, M, & Franklin, J. (2011). Racial Battle Fatigue and the “Mis” Education of Black Men: Racial Microaggressions, Societal Problems, and Environmental Stress. Journal of Negro Education, 80(1), 63-82.
The Educated Fool Podcast 
Hi Jeff, thanks for your thoughtful post. The statistics you’ve listed is definitely troubling. In some ways, I think a lot of the policies that have been implemented over the years are largely based on implicit biases, systematic/institutional racism and neoliberal culture. As we have learned about critical perspectives on policy, who are not mentioned in such policies for example, we find that minority students as you mentioned, particularly African-Americans and Latinx are hurt the most. This is why it is so important for us to think about critical race theory and how to analyze and dismantle the racism that exist in such policies and programs through better data reporting and assessments. Professionals are often trained through graduate school, professional license or association meetings to develop effective discretion skills in the process but how are credible and engaged are these trainings?
Many of my teachers growing up kept telling me to change my “accent,” which largely doesn’t exist now but back then I knew it was a problem for me to have an accent based on their perceptions because these teachers were rather new to the profession and did not have experience teaching in a diverse classroom made up of students of different ethnic backgrounds. I wonder if there is a way to create policies are truly inclusive and supportive? Even the relationship between managers and street level-bureaucrats may disagree on the discretion process too. Lipsky (2010) writes, “When relationship between policy deliverers and managers are conflictual and reciprocal, policy implementation analysis must question assumptions that influence flows with authority from higher to lower levels, and that there is an intrinsic shared interest in achieving agency objectives” (p. 25).
Clearly, more than teachers, the higher-level administrators (managers) need to devise craft an inclusive policy to address these issues along with other stakeholders to prevent such microaggressions, mismanagement of resources, and increase support for these issues too. Thanks for raising the awareness that discretion can be detrimental and damaging to individuals, communities and society as a whole.
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Hey Jeff,
Thanks for shedding light on what continues to be startling and stark examples of how biases, conscious or unconscious, continue to oppress communities of color. Discretion is a very powerful privilege and as you mentioned depending on who has that privilege, the ramifications could be substantial. On one hand, everything can’t be scripted and shouldn’t be. We’re humans and we thrive on opportunities to be creative problem solvers and use professional judgment. On the other hand, if there is a lack of professional judgement or lack of interest for the student/client, educators can have the ability to hinder a student’s academic success. Take the deficit mindset for example. If it is assumed that African-Americans all struggle, can’t succeed, won’t graduate, you fill in the blank, then it’s no surprise that policies are created with the assumption that Black students aren’t “college material”. I’m really starting to feel like more fresh, diverse, inclusive, aware/woke educational leaders in positions of power and decision making are the only hope.
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