Archive
DISPARATE DISCIPLINE: Black, Latino Youth 2-3 Times More Likely To Be Suspended From School
DISPARATE DISCIPLINE
Black, Latino Youth Are 2-3 Times More Likely To Be Suspended From School
©by Leo Adam Biga
Appearing in the February 2019 edition of The Reader (www.thereader.com)
The harsh practice of early childhood centers and elementary schools meting out discipline to “difficult” children through suspension or expulsion is netting more attention. Even more disturbing is the higher rate at which African-Americans and Latinos face exclusionary discipline for behavioral reasons. Special-needs kids are also more frequently disciplined than the general student population. Punitive measures applied in special ed are higher yet for kids of color.
Black boys are consistently disciplined more than any other students across the educational spectrum.
These practices and trends happen nationwide in pre-K, elementary, middle and high school settings. Nebraska’s largest school district, the Omaha Public Schools, incurred a $1.85 million penalty from the Nebraska Department of Education in 2015 for disproportionate suspension of special-ed students. A district report for the 2017-2018 academic year revealed blacks and Latinos suspended at two or three times the rate of whites within the general and special-ed populations.
In the wake of community concerns, district suspension data is slated to be discussed at the Feb. 20 OPS board meeting.
Despite studies-reports, strategies-initiatives on the issue, data show a persistent problem here and across the U.S. where there’s diverse student enrollment.
Yet some schools-centers manage misbehavior without resorting to exclusionary discipline as a matter of policy.
There’s consensus by educators, academics and parents that repeated, prolonged removals from the classroom negatively impact a child’s educational, social-emotional developmental progress. It also poses challenges to parents and families.
“There are very few parents in a position where suddenly having a child home for some amount of time is going to be easily managed. This can create significant challenges for families.” said Juliet Summers, policy coordinator for Child Welfare and Juvenile Justice at Voices for Children in Nebraska.
Jana Habrock, director of Early Childhood Mental Health at the Child Saving Institute (CSI), said, “Research and experts agree suspension-expulsion is harmful for young children. It has damaging effects on children and their relationship to school and the message it sends to them about their worth.”
“As a practical matter,” Summers said, “every time a student is suspended or expelled, learning time is lost. When the student returns to class, he or she will be a little bit behind, understand a little bit less of what the class is learning. The student may act out from boredom or lack of understanding, and the cycle repeats.
“This repeat cycle of behavioral choices, being excluded, feeling unwelcome, returning and feeling lost, can certainly foster negative perceptions about school, education and authority figures. Exclusionary discipline, particularly for young children, can have lasting impacts. If a child comes to believe he or she is unwelcome or unwanted in a classroom environment, one defense mechanism can be to decide he or she does not want to be there anyway and act out accordingly. Written or unwritten labels of ‘the bad kid’ can stick, not just with educators, but with children themselves.”
At Nelson Mandela School in North Omaha, principal Susan Toohey said, “We don’t believe in suspensions – we believe in timeouts.” Serving a suspension at home, she said, “is probably not going to be educationally fruitful and a kid gets the mindset that I’m bad.
“Doing restorative justice within the school setting – to change behavior to get the child back with peers – is much better.”
Sherwood Foundation-supported Educare centers do not use suspension-expulsion for the same reasons.
Path of least resistance
Exclusionary discipline is even more problematic when applied arbitrarily or as an expediency.
“At times, I think suspension-expulsion is used to send a message to the parent the behavior is serious,” said CSI’s Habrock, adding, “Sometimes the center or school does not know what else to do to improve the behavior.”
Resources are available to assist educators and parents.
At CSI, Habrock said, “we did not suspend or expel kids, but we also did not know what to do with kids coming in our doors that had been expelled from other programs and had significantly challenging behavior. So, we started a program, KidSquad, to support these kids and get them prepared for the behavior expectations of kindergarten and the school setting.”
Child care centers can become last resort “babysitting” options for expelled elementary school children. Age and developmental-needs differences pose problems.
“I think our program continues to exist and maintain a wait list for services because challenging behavior is hard, overwhelming and frustrating – and teachers and parents don’t know what to do,” Habrock said.
Another early childhood focused training program, Rooted in Relationships, works to prevent suspension by coaching childcare providers to use the Pyramid Model – a positive behavioral intervention and support framework – and providing information about the harm suspension practices cause.
Habrock concedes educators must “balance keeping all children safe.”
Studies and parent testimonies, however, suggest many children get thrown out of school for behaviors denoted as “disrespect,” “insubordination” and “verbal conflicts” that pose no safety risk. The severity of other behaviors resulting in suspension, such as fighting, are open to interpretation. Thus, there’s momentum around Too Young to Suspend legislation that limits suspension-expulsion to only clear threats of physical danger. Nebraska State Sen. Megan Hunt is sponsoring the Too Young to Suspend Act in LB 165. It’s been referred to the Unicameral’s Education Committee.
A mishmash of procedures in private child care centers makes standardized suspension-expulsion rules difficult. Public schools, however, have structures, policies and government funding in place that provide framework and leverage for system-wide uniformity.
“I think we have really great evidence that pushing a student out of school is not good for that individual student, and it’s not good for the rest of the students either,” said Voices’ Juliet Summers. “One of the best predictors of student achievement for a school is not necessarily the poverty or crime rate of a neighborhood but rather how strong the relationships are that parents, administrators, teachers and students describe.”
Lack of staff training and resources may explain why some kids get suspended or expelled.
“Even in classrooms where teachers have bachelor degrees in early childhood education,” Habrock said, “they often have very little hands-on experience in preventing behavior and implementing strategies to improve behavior. That is changing some in our colleges and universities, but there is still more to be done.”
As more children present Individualized Education Plans (IEPs), some disruptive behavior may be rooted in trauma requiring professional mental health intervention.
“More than one child in a classroom with these types of experiences can overwhelm the capacities of even the best teachers,” Habrock said.
Just don’t expect easy answers for “a multi-layered issue,” she and other experts say.
Adequate training and resources are only part of it.
“Making adjustments to meet the individual needs of each child is the gold standard in early childhood education,” Habrock said. “Programs in our community like Early Head Start, Head Start and NAEYC (National Association for the Education of Young Children), accredited child care programs do this really well. Those programs often have additional resources like family support workers or lower teacher-child ratios to bridge home and school to learn the individual needs of each child. Programs without those resources have a more difficult time accommodating individual child needs.”
Early Buffett Childhood Institute founding Executive Director Sam Meisels said, “Almost always a situation that could lead to expulsion of a preschooler is an environmental problem. It’s a simple thing but a not-so-simple or unimportant thing. Often a teacher doesn’t know how to structure a physical space for preschoolers. To expel a child at that age is a failure on the part of the teacher. Mostly we can figure this thing out or get some help to figure it out.”
Said Habrock, “Nearly all early childhood experts agree play is how young children learn. But with the push for academics at earlier and earlier years, we see less and less time for things like center time and outdoor play.”
Making it personal
Educators believing they’ve failed a child is one thing. Parents having their child kicked out of school is another. Tunette Powell and her husband are well-educated, good-earning African-American parents of two young boys. The couple provide a safe, stable home, and yet their sons got suspended from a Bellevue preschool in 2014.
“If you looked at our situation you would say this would never happen – and here it happened. It was a shock and a wake-up call at the same time,” Powell said.
It evoked memories of her own elementary school suspension in her native San Antonio. The experience, she said, put her behind. Since her sons’ suspension, she gets triggered whenever their school calls.
Powell, a writer and public speaker, shared her family’s story in a blog that went viral. She instantly gained a national platform to address the issue. Today she’s Parent Engagement Coach at the UCLA Parent Project and a UCLA doctoral student in Urban Schooling. Her dissertation is based on interviews with black parents, including Omahans, who’ve had children suspended.
Powell was shocked again when she discovered how embedded racialized suspension is in early education.
“We always knew about K-12. For younger children the data is very new. However, we as a nation have been capturing data about this since the 1970s, so at this point we know there’s a problem. But I don’t think people expected the disparity would also be present for children as young as 3 and 4 years old.”
She traces the suspension epidemic and the disparity of its application to when integration introduced more black children to majority schools.
“It has its roots in desegregation and, if we want to go beyond that, we have to talk about the context in which black people were brought and put here in the first place. It’s always been about social control.”
Her thesis, she said, “looks at the damage done to the minds and spirits of black parents when they have a child suspended. They’re sharing some pretty heartbreaking and emotional things about how this is impacting their lives. I call it collective trauma.”
She’s been there herself.
“It’s my life. It’s one thing to read statistics but it’s another to hear stories. And this is where black parents are especially important. We have to be sharing our stories. These parents hurt. They’re embarrassed. They’re made to feel that if my child is in trouble then they’re a problem and that means I must have given birth to a problem. That’s the way we frame right now.
“It’s not to say black kids don’t present behavior issues. But when we see the disparities we have to be honest and say it’s probably not the child that’s the problem.”
Powell echoes others that school disciplinary actions can haunt youth into adulthood.
Omaha business owner David Mitchell dealt with “the negative results of elementary school suspension” into high school, when, he said, he was finally “comfortable exploring my scholastic abilities.”
Bias
“We know it’s an embarrassment for the child,” Powell said. “We know it severs early ties with peers and teachers. It’s completely disrupting to everything about the child’s life. It stigmatizes young people. Your suspension history record follows you in school the same way incarceration does when you’re job-seeking. Teachers are likely to see you through one lens only.”
Nelson Mandela principal Susan Toohey agrees. “We all come to our work with the lens with which we were given, and some of us need to change our lens.”
“We still need a lot of work in breaking down bias and implicit bias,” Juliet Summers of Voices said. “Teachers and administrators have huge hearts for their students, but all of us walk around with implicit biases drilled into us through our culture. Educators are not exempt.”
“Implicit bias is something we see in our work,” Habrock said. “We have done some community training-professional development on cultural competence. We also address implicit bias in our consultation with teachers. This spring we will bring a national expert on this topic to provide training to the KidSquad team and others to improve our skills at addressing implicit bias and disproportionate discipline.”
In schools with diverse students but predominantly white educators, “it’s inevitable biases and prejudices will be a factor,” said Gabrielle Gaines-Liwaru.The former OPS teacher seeks to “change the culture and climate of the public education tree that seems to drop many African-American students like bad apples.”
Summers believes bias is one piece of the situation.
“Another piece,” she said, “is that black students are more likely to attend under-resourced schools in a classroom where a teacher has more students to handle, sometimes more with higher, more various needs. In those environments teachers don’t have what they need to meet any behavioral challenges with the same level of patience and grace and welcoming arms.”
Buffett Early Childhood guru Sam Meisels said, “There are problems of identification with the authority figure who looks different and is different – some children coming from minority backgrounds may not have encountered a white authority figure previously.”
Given bias is real, Gaines-Liwaru said, “Building diversity understanding and cultural empathy through appropriate professional development for educators and support staff should be every urban school district’s mandate, and it should be on-going.”
For Gaines-Liwaru, remedying the “disproportionate suspension mess and injustice” should include engagement in curriculum students “can see themselves in.” She fears “It’s easier to put kids out of the classroom, document negative behaviors and allow suspensions to ensue than to individually research and design lessons that empower students in their racial-cultural identities.”
She advocates “putting resources towards diversifying teaching staff” and “utilizing restorative justice methods that teach kids healthy social skills and behavior management techniques versus suspending them.”
OPS has made diversifying its teacher-administrator ranks a priority. It contracts with the Minnesota Humanities Center for voluntary cultural competency training. The district’s plan to reduce disproportionate suspension among special-ed students includes closer partnerships with Project Harmony and other mental health resources. OPS is also working to implement a problem-solving model called Multi-Tiered Systems of Support for Behavior (MTSS-B) to more effectively and equitably address misbehavior and discipline.
Activism-Advocacy
“It’s not enough to have blacks in leadership roles,” said Tunette Powell. “We have a tendency to be content or complacent with that. We need to really push them. If you’re leading a district struggling with disproportionally, what are you going to do about it? We have to hold people accountable. We are so far beyond symbolism.”
If there’s to be change, Powell said, “black parents need to discuss their experiences and take those to school board and community meetings. We have to become the community leaders and activists. I think people don’t want to listen to black parents because often we don’t have a Ph.D. after our names. But we can’t ignore black parents’ voices anymore.
“I wish education officials would be bold enough to say that systemically we have failed black children. It’s the only way we can move forward.”
Omaha community activist Leo Louis II held fall public forums on school suspension after black parents asked him to be an advocate in dealing with OPS.
“Often times the parent is completely unprepared for what the school has planned for their child,” he said.
He’s concerned that terms associated with adult criminal allegations, such as “assault” and “abuse,” are used to describe some young children’s misbehavior.
The forums have yielded personal testimonies about suspension and alternatives to its practice.
“it’s been my task to educate the community this is not a unique situation to individuals and individual families but a systemic thing,” Louis said. “We’re seeking allies willing to have this conversation and to put in real work toward the solutions.”
One ally, Sharif Liwaru, was fired in December as director of OPS’ Office of Equity and Diversity after forwarding an email from Louis about a school suspension forum at North High to district principals. Liwaru said he didn’t direct or invite school officials to attend but merely shared the event notice. Two previous suspension forums were held at the Malcolm X Memorial Foundation, for which Liwaru is president.
Louis led a silent protest of Liwaru’s firing at a Jan. 7 school board meeting.
The district will not comment on personnel matters.
Liwaru has not moved on from the suspension issue. He’s now executive director of the new grassroots Justice for Kids Initiative that seeks to reduce school suspensions. Organizers and supporters held a Feb. 3 launch to build awareness and raise funds.
He worries alternatives will receive short shrift as long “as educational exclusion is on the table.”
“We need to find alternatives to suspension that actually teach the appropriate behavior as an immediate response to violations and we need to have solutions that build relationships between students and teachers. Bigger than that, we have to have the difficult dialogue about racism and how it shows up here,” said Liwaru, whose wife is Gabrielle Gaines-Liwaru.
“Cooperative relationships and open communication between school, student and parent are fundamental to every child achieving his or her educational goals,” Summers said. “When a student is excluded from the school environment, particularly if strong lines of communication have not already been created, it can send the wrong message.”
School-to-prison pipeline?
Some suggest the jarring interruption of being severed from school contributes to truancy and drop-out behaviors. Once youth come in contact with law enforcement and the criminal justice system, this pattern can be a school-to-prison pipeline gateway. Former U.S. Secretary of Education Arne Duncan said so in 2014.
“You talk about setting kids on a wrong pathway – it just adds to the trauma many children experience. The science is pretty clear,” said Buffett Early Childhood Fund President Jessie Rasmussen. “These things happening in the earliest years of a kid’s life have a direct connection to their trajectory for life. It doesn’t mean we can’t do interventions later, but it’s harder, more time and resource intensive and far too often not successful.”
The skew of blacks and Latinos facing exclusionary discipline mirrors that of individuals in detention and incarceration. The U.S. Office of Civil Rights reports that schools with Student Resource Officers have much higher arrests and referrals to law enforcement for black students than white students. A permanent police presence in schools makes children far more likely to be subject to school-based arrests for disciplinary matters than a generation ago, said ACLU Nebraska Legal Counsel Rose Godinez, “A school-based arrest is the quickest route from the classroom to the courthouse.”
ACLU Nebraska recommends “positive alternatives to exclusionary punishments” to improve student safety.
It’s clear to Powell and others that the same “racialized narratives” behind over-policing, profiling and criminalizing of adult black male scours in schools, where black boys are viewed as “older or less innocent.”
“Just as communities are exploring alternatives to detention, we must consider alternatives to suspensions-expulsions which push kids out and cause them to disengage with education,” said ReConnect Inc. Executive Director LaVon Stennis-Williams. Her program works with families who have contact with the justice system. She sees a direct correlation between exclusionary discipline and delinquency.
“Often what we label as a disciplinary problem is actually the child acting out because he or she is so far behind in school that learning is not making sense,” said Stennis Williams. “Some of this might be due to learning disabilities that go unmet. I have had youth sent to my program for day reporting due to long-term suspensions or expulsions who have gone months with no educational services. So the youth will eventually quit school at an early age and spiral in and out of the juvenile justice system until reaching the magic age to be charged as an adult.”
No one wants children’s welfare to get lost in the shuffle.
“Because a child can be disruptive for your whole class, it’s easy to say in the interest of all the other kids this kid’s got to go, What we should say is that in the interest of all kids all kids need to stay,” said Rasmussen. “This is not anything about the children. This is about decisions by adults, and that’s how we have to see it.
“Our job is to promote this child’s healthy growth and development. Our responsibility is to figure out how best to do that and what they need and to work in partnership with parents to accomplish that,” Rasmussen said. “It’s more important to get the support to the parents and the caretakers than to somehow penalize children.”
Meanwhile, Sharif Liwaru sounds a note of collective remediation. “Because this is so complex,” he said, “we must all take ownership.”
Read more of Leo Adam Biga’s work at leoadambiga.com.
A firsthand account of school suspension and trauma
Black mother, 2 sons suffer the wounds of expulsion
By Tunette Powell
When I was three 3 years old, I was expelled from preschool because — as my mother remembers it — I was “acting too grown.”
I was a preschool dropout.
My elementary experience was similar. Whether it was me “acting too grown,” fighting over something silly or passing letters because I was bored, the end result was the same: I was suspended, and because my mother worked, my Aunt Linda and my grandma watched me.
It was the early 1990s, and on the East Side of San Antonio, Texas, where I grew up, the black community was unraveling. Crack cocaine had kidnapped black mothers and fathers, including my father. When my grandma saw me in the principal’s office, it was reminiscent of the countless times she had seen my father strung out on crack cocaine as he was being hauled off to the county jail. To my grandma, my schooling experience had become my father’s prison experience.
As I got older, rather than focusing on becoming better in school, I focused on getting out. The older I got, the less I attended school. I was chronically absent and despite a B+ average in high school, my mother was forced to pay a fine, to the courts, for my absenteeism. I was assigned to a probation officer and sentenced to Saturday school and after-school detention for most of my 11th-grade year of high school to make up for all of the days I had missed. Despite skipping school and being suspended at nearly every grade level of K-12, I graduated from high school and tried college for a bit before dropping out. I eventually went back to college after a four-year hiatus, and in 2012, eight years after graduating from high school, I became the first woman — and just the second person — in my family to earn a bachelor’s degree. On the surface, it appeared as though the adult-me had outrun the school-suspended child-me. On the surface, the trauma of being cast out by schooling, and the trauma experienced in my family had been conquered.
And then in 2014, the phone rang.
“We need you to come pick up Jason,” the director of my oldest son’s preschool said.
“Is he being suspended?” I asked.
“We don’t like to use the word ‘suspended,’” the director said. “We just call it going home for the day.”
That same year, my oldest two sons, Jason and Joah, who were 3 and 4 years old at the time, went “home for the day” nearly a dozen times combined. By 2014, my life was completely different than that of the 1990s. Having escaped poverty and married now, my husband, who was in the Air Force, and I were living in suburban Omaha. I was a published author, motivational speaker and founder of a nonprofit. But no matter the years and miles removed, that phone call took me back to my childhood; that of not only being told that I was a problem but actually believing it. While on the first of multiple calls that year with my children’s preschool, I was reminded that I could not outrun trauma, out-accomplish trauma, nor could I buy my way out of trauma. The trauma of my childhood experiences with suspension and those of my children permeated my core being. Similar to a solider, safe and away from the battlefields, having a reflexive duck-for-cover response after hearing a loud sound, suspension had “impaired my hearing.” Every time the phone rang, the sound brought tears to my eyes as I was always expecting it to be a suspension phone call. The trauma impaired my sight. As I looked in the mirror, I no longer saw the accomplished woman, only a problem who had given birth to two problems.
For black families throughout the United States, this has become the norm as black children have become the most suspended students in the country, according to a report released in 2018 by the U.S. Government Accountability Office. According to that report and others like it, black boys are the most suspended of any group of students; and Black girls — the most suspended of all girls — have the highest-growing suspension rate of all students. Black K-12 students are nearly four times as likely to receive one or more out-of-school suspensions as white students. Among children in preschool, black children, who make up only 19 percent of preschool enrollment, represent 47 percent of out-of-school suspensions. Furthermore, according to a report released by UCLA’s Civil Rights Project, even among students with disabilities, who carry federal documents that are supposed to protect their civil rights (e.g. IEP and 504 plans), black students are unprotected as they are suspended more often than any other group of students with disabilities. Based on these statistics, it is easy to assume black children – as young as 3 and 4 years old – are the problem, that their behavior and emotional responses are particularly maladaptive to schooling. However, black and white children do not behave very differently; it is the adult response that is different. Previous studies have shown that adults typically view black children as older, less innocent and more blameworthy compared with non-black children, including Latino children.
In my case, I was a curious child who asked a lot of questions and enjoyed talking. At home, my family, especially my father, called me smart and gifted. However, at school, preschool teachers interpreted that behavior as me “acting too grown.” These school discipline disparities are rooted in a history of the dehumanization and adultification of black children. Black children are treated like they should know better, adultified and are consequently robbed of the chance to be children. For example, in 2016, a group out of Yale University found that the early childhood educators tended to observe black students more closely, especially black boys. According to their study, early childhood educators expected black preschoolers to exhibit more challenging behaviors compared with their non-black peers. This has resulted in the increased likelihood of dropping out of high school, academic failure, grade retention and future incarceration – all things that are harmful and traumatic to black children and their families.
As the Trump administration is repealing federal protections that guard students from these discriminatory practices, the fight to disrupt and dismantle what is happening in schools must be fought at the local level – and must begin and end with black families. All across the nation, in cities such as Los Angeles; Portland, Oregon; and Dayton, Ohio, black families are fighting against school suspension and supporting behavior intervention. In Omaha, where black families are met with the same fate as black families nationally, the time to be vocal is now. The single-most-important first step of disrupting and dismantling school suspension disparities is for black parents and students to share their experiences. Additionally, because parents in other states have launched grassroots efforts to combat school suspension, it is important to study those successes. For example, Dignity in Schools – a national coalition of parents, youth and community organizers to end school pushout – offers a toolkit for parents, youth and organizers who want to combat school pushout. This toolkit includes organizing and campaign strategies as well as fact sheets and sample reports.
Right after desegregation, black parents tried to alert us of school suspension disparities. More than 50 years later, the cries of black parents have gone unheard, resulting in black children being the most pushed-out children in the country. However, at this time in history, black parents are lifting their voices in ways that are forcing school districts to hear us and see us. Omaha needs this kind of rallying.
Poverty in Omaha: Breaking the cycle and the high cost of being poor
Vicious Circle
Breaking the cycle of poverty in Omaha
The December 2016 issue of the Reader featured a cover package on Poverty in Omaha, The High Cost of Being Poor. There are three stories on poverty and I have two of them, including this lead piece titled Vicious Circle, Breaking the Cycle of Poverty in Omaha. My other piece is headlined The High Cost of Being Poor, Aggressive Creditors Exploit Nebraska Law. My blog, leoadambiga.com, features many other social justice stories I have written over the years.

In 2007 local media reported the stark dimensions of concentrated poverty for many African-American families in North Omaha. It was, sadly, old news to impoverished residents long beset by low income, high debt, unstable, substandard housing and food deserts. It confirmed, too, what human service professionals like Voices for Children in Nebraska executive director Aubrey Mancuso already knew.
“Unfortunately,” she said, “things haven’t gotten much better. I think we’re largely in the same place. When we think about poverty in Omaha and Nebraska there are two main stories. One, poverty continues to be highly racialized. Children of color, particularly black and Hispanic children, have much higher poverty rates. So poverty’s gone up in general and the groups disproportionately affected by it continue to be. We haven’t made progress addressing those disparities.
“Secondly, there’s poverty despite work.”
Experts say want isn’t exclusive to the unemployed but extends to the underemployed working poor.
Mancuso said, “We often think just finding a job is the solution, and it is about jobs, but it’s about quality jobs that allow you to afford all your expenses, save for a better future, own a home, have a retirement cushion and something to hand down to your children and have a buffer against unexpected health-related expenses, job losses and all those things. It’s about the opportunity to stabilize your income by building assets.”
She said “the reality is more complicated” than pulling yourself up by your bootstraps. “People are doing the best they can with the situation they’ve been given. As a children’s advocacy group our position is we have a collective responsibility to all our kids. Kids are vulnerable and we need to think about how we can help them.”
She noted the recent presidential election revealed how the disenfranchised “sense somehow the deck is stacked against them, and when we’re talking about families in poverty, that’s really true.” She said generational poverty means “families and kids start off behind and face barriers that pile on top of each other.”
“We know poverty is very damaging for children and I think that starts even before birth. Prenatal care, early healthcare visits and early learning experiences are crucial. If parents don’t provide those things, you see consequences later in life.”
Chronic poverty can lead to hopelessness, said Jim Clements, executive director of the Heart Ministry Center.
“As a society I don’t think we appreciate the choices people in poverty have to make on a daily basis. Maybe your car breaks down and you don’t have another way to get to work. so you take out a payday loan to get it fixed, but the exorbitant interest rates get you caught in this cycle of debt you can’t escape. It’s day-to-day survival. It’s not through any lack of trying, it’s just super complex and really hard. But I’ve seen enough people who have turned it around with help and by working hard to know it can be done.”
Clements said even many middle-class Americans are a few big life bumps away from tough times.
“You don’t always know how close to the other side you are. All it takes is a bad series of events.”
Geo LaPole invested everything in his own flea market, where he also lived. Things went well until business dried up. Unable to make the rent, he lost his business and home. He struggled keeping a roof over his head. Then he lost a job. He went through Heart Ministry Center’s Fresh Start program and now works there.
“You’re given the basic things you need to start fresh. It helped me immensely. It gave me access to the pantry, mental health counseling, somebody to listen and to point me in the right direction.”
LaPole said pride prevents some from asking for help.
“I almost didn’t accept the help. I finally said, ‘I deserve help just like everyone else does, why not make myself normal so I can help somebody else.’ Until someone grabs you and helps you, there’s no helping yourself because you don’t know how to help yourself.”
Trust can be an issue, Clements said, “If you’re poor, you’re probably taken advantage of.” Together executive director Mike Hornacek said the poor struggle finding quality affordable housing, often settling for run-down properties owned by unresponsive landlords.
Poverty is not just confined to inner city neighborhoods either. Experts say there are pockets of suburban poor who also utilize helping services.
Everyone coming to Together or Heart Ministry Center has a story.
Clements said, “We were able to help a woman who fell on hard times pay her mortgage. I’m glad we were there to help her avoid sliding further down the poverty scale. We were able to get a woman living on the streets on general assistance and into the Literacy Center. Now she’s reading at a seventh grade level. Maybe she’ll get her GED.”
Big Lou Parker battled addiction, then buried his wife, leaving him to raise five children. He found sobriety and opened a soul food eatery only to suffer a massive heart attack. Medical bills forced him into bankruptcy. The center helped him get back on his feet and he now owns a successful lawn care business.
Homeless veterans and LGBT youth comprise subgroups of the poor seen at Together, 812 S. 24th Street. After making clients safe, any addictions or mental health issues get treated, and then pathways to education, employment and housing are found. Together refers clients to partner agencies for services as needed.
It works the same at Heart Ministry. “It takes a lot of different touches to get somebody through it,” Clements said. “That takes time. It’s baby steps. People can work on specific goals here. We try to find ways to connect them to mentors. The more people we can put in their life to build that personal infrastructure and to have in their corner, the better.
‘”Just by being involved in their lives, things tend to improve. It’s part of this puzzle. When they know somebody cares, they feel better about themselves.”
Clements said Heart’s Fresh Start job readiness program uses a holistic approach that includes mental health counseling. “Living in property causes trauma. If we connect people to jobs without addressing their mental health, they’re not going to keep those jobs.”
Most poverty services address urgent basic needs or crises, such as eviction, utility shutoff, hunger and clothing. The immediate goal is stability.
“Through our pantry we give out between 1.2 and 1.5 million pounds of food and feed 20,000 people a year,” Clements said. “You don’t want to feel you’re just a stop gap – you want to see change. When you see the tide of need, it makes you wonder … Is this going to end, is this going to get better for people?”
Longer-term goals get addressed with case management support, much of it dealing with financial counseling.
Unresolved debt can further trap people in poverty and expose everything they own to collectors (see related story in this issue). If someone’s already low wages get garnished, they may fall behind on rent or car payments and find themselves without a permanent place to live or a vehicle to drive.
Negotiating poverty’s cascade of effects and harsh decisions, such as forgoing regular healthcare or letting one bill ride to pay another, is reality at Minne Lusa Elementary School, where 94 percent of the students receive free or reduced lunch. Principal Kim Jones admires the fortitude of parents and kids who confront it daily.
“I’ve learned so much about resilience and about how much we’re needed.”
Lisa Utterback, an Omaha Public Schools administrator who turned around nearby Miller Park Elementary as its principal, said contrary to perceptions, “a child from these circumstances can be molded and influenced and can achieve – you can change their lives and give them a sense of hope that things will be okay.” She said too often society imposes artificial limits. “There’s just a lack of believing in potential. Sometimes adults don’t know how to fathom the obstacles kids face. If you can’t even wrap your mind around it, you can’t help problem-solve.”

Utterback said OPS provides additional supports to low performing schools, including a social worker and a school support liaison, literacy coaches, math and science coaches and more technology. Mental health support is also offered through Project Harmony.
Voices for Children’s Aubrey Mancuso said, “If we want to set youth on a course that leads them to higher education, we have to start with very young children. Early childhood education opportunities are part of it. We need to think about giving kindergarten students college savings accounts that grow over time and give them a resource to put towards higher education. That would help offset some of the disparities in being able to build wealth and access higher education. It’s important we get to kids much younger on the spectrum and really build that aspiration to take that next step after high school.”
She said more can be done for poor families.
“There are things that work to help build wealth that aren’t reaching lower income families that we can better leverage. One is the earned income tax credit for working families that puts more money back in their pockets and gives them an opportunity to save or pay off bills or whatever. Our state earned income tax credit is too low. We also have a state child and dependent care tax credit whose income eligibility levels haven’t increased since the 1990s, so we need to revisit that.”
Mancuso and her team worked with outgoing state Sen. Tanya Cook to write and pass LB 81 that allows families two years of transitional assistance at a much higher income level before they have to bear the full cost of child care.
Mancuso also advocates a public pay-in program that does for poor kids what Social Security does for seniors.
“We haven’t collectively made those same investments in our kids, and I think that’s what we really need to do next. We need to have the will to carry it forward.”
She said the widening division between haves and have-nots compel us “to work harder, be kinder, be more thoughtful and be more inclusive.”
Heart Ministry’s Jim Clements said in lieu of neighbors directly helping neighbors, centers like his as well as churches and shelters are the front-lines “to give people a lifeline and help pull them out. It takes some resources, some time, some patience,” he said, “but helping turn people’s lives around strengthens the entire community.”
Together’s Mike Hornacek said real strides addressing poverty will happen when people stop making judgments, assigning blame or viewing it as someone else’s problem and “come around to saying, ‘That could be my neighbor or friend, that’s something that can happen to me.'”
Humanizing poverty and having compassion is a start.
Experts advocate more avenues for the poor to acquire skill sets that net living wage jobs and to access capital for startups, asset-building and home ownership. Paths to self-determination should lessen the need for safety nets from crises and protections from predatory forces.
Owing money makes the poor a vulnerable target
Predatory creditors stop at nothing to collect from impoversihed minority communities
Economic Justice
Whether born or thrust into it, poverty takes a toll. Just getting by is a struggle but things really get tough when creditors hound you for a debt you can’t pay, target whatever little income or assets you have and even threaten taking away your home and freedom.
Janet and her pastor husband thought they were comfortably set, looking ahead to retirement in a few years, when he lost his job in a major downsizing at a local medical center and with it the couple’s only earned income. Janet. who can’t work due to a disability, said things soon went from bad to worse when they had trouble paying off a major purchase they made on credit with a local retailer. The couple paid down a previous credit card debt with the same store, though they still owed some $1,500. Then the creditor upped the pressure by putting a lien on their home.
Unable to pay their mortgage, the couple lost their home in a foreclosure. The foreclosure occurred despite working with the lender on a loan modification. One day a sheriff arrived to inform the dumbfounded couple they had 24 hours to vacate. They moved into an apartment.
“Forty years of stuff in there,” Janet said of giving up their home.
Meanwhile, the store pursuing the debt collection refused the couple’s entreaties to work out a partial payment plan. Then, to the couple’s dismay, legal action resulted in a warrant being issued for Janet’s arrest.
Janet said, “I was like, How in the world? I think it’s a disgrace to society. We’ve never had anything like this happen to us before and people shouldn’t have to live in fear for not being able to pay a bill because of losing a job or getting sick or being incapacitated. They intimidate people to the point where you’re afraid to answer the phone or the door or to ever apply for credit again.”
She contacted Legal Aid of Nebraska for advice and an attorney represented her at a court hearing.
“Like I told the judge, I don’t even know why I’m here, because I offered to pay it and they wouldn’t let me. After they put through all of that, the store’s attorney didn’t come to court. The judge just said, ‘Don’t worry about, it’s over.’ But I have to carry a letter with me in my car should I get pulled over that says the warrant was rescinded.”
The store’s never contacted her again.
Janet’s appalled how far the store pushed things. As she learned from LAN attorneys, her experience is not uncommon.
“If the public knew what these creditors are doing, there would be an outcry,” she said. “This is working people they’re preying on who’ve had outstanding credit and then something’s happened to them. When you ask them to help you work with them and they won’t, there should be laws protecting you from that, especially from being threatened to be put in jail.
“There’s always another way.”
LAN attorney Jen Gaughan, who helped advise Janet during her legal travails, said some clients face arrest when they fail to appear at a court-ordered debtors exam to review income and assets.
“Not all creditors ask for it in all situations but it’s something that happens.”
Often, LAN attorney Kate Owen said, clients don’t even know they’ve been ordered to attend a debtors exam or served with an arrest warrant as the law doesn’t require personal or actual notice, but only an attempt to serve at someone’s last known residence or place of employment. She cited the case of a single mom who missed a debtors exam when notice was left with a colleague at her employer and it never reached her.
“The police came to her home and arrested her in front of her kids. She didn’t have the $100 for bail to get out of jail, so her dad had to come into town to bail her out.”
Gaughan said creditors sometimes agree to set aside a debtors exam or arrest warrant. When they don’t, she said, “then we have go to court with the client.” She said Legal Aid invariably gets exams and warrants set aside or quashed. That’s what happened in Janet’s case. But that doesn’t wipe away the stress it puts people under.
Owen said Legal Aid is challenging the constitutionality of a state statute that allows a bench warrant be granted if someone misses a debtors exam.
“In theory it’s not for owing money, it’s for missing a court hearing. Our point is in no other civil or criminal proceeding can you be held in contempt of court without first being offered a reasonable opportunity to explain why you weren’t there.”
Owen said creditors have overly broad leeway in Nebraska to collect.
“There’s no limit on how many different ways a creditor can target your assets. A bank account can be wiped out while your wages are being garnished. Often the last resort is bankruptcy. To say it’s stressful would be an understatement. It’s not uncommon for people who come see us to be in tears.”
She said creditors often overstep their bounds and even violate the law. She recalled a case in which a creditor unlawfully garnished a client’s Social Security savings.
“I claimed an exemption. She was a little old lady on oxygen and she only owed $10 but it was of money to her.”
Owen said the judge dismissed the action and cancelled the debt.
“Another case we’ve filed opposes garnishment of a student loan from a bank account, which is exempt.”
Exemptions are handy, Owen said, “but they only help when you assert them – they are not automatically applied. You have to make that argument.”
“In another case we’re challenging what methods a sheriff used to collect on an execution. We’re arguing he
created an impression in a reasonable person’s mind that the sheriffs department was the agent of a debt collector.”
Owen said a recent ProPublic study documented “the poorer you are, the more likely you are to be sued multiple times because you lack the funds to pay.” She said client debt is “not for frivolous purchases” – it’s for medical bills, child care, rent, transportation.
Predatory practices clearly target minorities.
She said “there is vast, cumulative debt in the most impoverished African-American and Latino areas, adding, “Many individual debts are well under $1,000. But even $100 is a lot to these clients.”
“We’re litigating a lot of cases where a year or two after moving out of a rental unit somebody gets sued for alleged damages. We’ve been trying some of those cases and I can’t say we get down to zero – every once in a while we do – but creditors will offset the security deposit and everybody just walks away.”
She said the aggressive tactics of creditors send even small accounts out for collection and exploit the situation by bundling accounts.
“For a lot of our clients, whether they owe $50 or $500, it’s equally unpayable. The more accounts that get bundled together, even though these are distinct debts, it becomes even more overwhelming. It’s death by a thousand paper cuts. Most states do not allow such bundling of debt.”
She said among Legal Aid’s “wish list of changes” to current state law is limiting collection filings to a single debt rather than bundling debts together.
“That would make it less economically advantageous for creditors to file for some of these really small debts.”
She said it would also help discourage predatory and nuisance cases if the state imposed higher filing fees.
Voices for Children in Nebraska executive director Aubrey Mancuso said there is “an entire industry of financial services – things like Payday lenders, small debt lawsuits, check cashers, pawn shops – that make it even harder for families who are trying to gain any type of financial stability. These companies are profiting off of families in difficult financial situations.”
Mancuso said, “It’s a huge problem. Payday lenders are a good example. Nebraska has one of the highest allowable interest rates in the nation for those types of loans. Small debt lawsuits is another way creditors are making money off of people’s poverty. It’s big business.”
Experts advise educating yourself about credit practices before making a purchase or getting a loan. Never borrow, even small amounts, against your paycheck and thus be trapped paying high interest rates. If you feel financially abused or harassed by a creditor, seek legal aid as soon as possible.