| Author | Title | Citation | Summary | Year |
| Devon L. DiSiena |
Back down to Bullying? The Detrimental Effects of Zero Tolerance Policies on Bullied Adolescents |
22 Cardozo Journal of Law & Gender 337 (Winter, 2016) |
Introduction. 338 I. Zero Tolerance Policies. 340 A. Background. 340 1. Commerce Clause Power. 340 2. Spending Clause Power. 341 B. Adverse Effects and Criticism. 342 C. Real Life Stories. 344 1. Dontadrian Bruce. 344 2. Hunter Yelon. 345 3. Kasia Haughton. 345 4. Jordan Benett. 345 II. Bullying. 346 A. Statistics and Effects. 347... |
2016 |
| Catherine J. Ross |
Bitch, Go Directly to Jail: Student Speech and Entry into the School-to-prison Pipeline |
88 Temple Law Review 717 (Summer 2016) |
School disciplinary codes often trample upon speech that is constitutionally protected, even under the special jurisprudence that governs student speech in school. These infringements of First Amendment rights go beyond silencing and censoring speech--they lead to long-term suspensions, expulsion, referrals to alternative schools, and even to the... |
2016 |
| Lisa A. Rich |
Cerd-ain Reform: Dismantling the School-to-prison Pipeline Through More Thorough Coordination of the Departments of Justice and Education |
49 Loyola of Los Angeles Law Review 119 (2016) |
In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gapand slows the endless... |
2016 |
| Kerrin Wolf, Mary Kate Kalinich, Susan L. DeJarnatt |
Charting School Discipline |
48 Urban Lawyer Law. 1 (Winter, 2016) |
The school-to-prison pipeline has become a widely used term to identify the ways that exclusionary school discipline can steer students away from educational opportunities and towards the juvenile and criminal justice systems. The pipeline has been described as a confluence of two child-and adolescent-caring systems--schools and juvenile... |
2016 |
| Sarah Jane Forman |
Countering Criminalization: Toward a Youth Development Approach to School Searches |
14 Scholar: St. Mary's Law Review on Minority Issues 301 (Winter 2011) |
I. Introduction. 302 II. The Poisonous Pedagogy of New Jersey v. T.L.O.. 309 A. Suspicious Minds. 309 B. The Elephant in the Room. 323 C. Les Leçons Dangereuses. 330 D. How Age Gets Lost in the T.L.O. Inquiry. 335 III. Youth Development and the Law: We're Not in Jersey Anymore. 338 A. The Science. 342 i. The Old. 342 ii. The New. 343 iii. The... |
2016 |
| Pamela A. Fenning, Ph.D., Miranda B. Johnson, J.D., M.P.A. |
Developing Prevention-oriented Discipline Codes of Conduct |
36 Children's Legal Rights Journal 107 (2016) |
For many years, significant concerns have been raised about the overuse of exclusionary discipline (e.g., suspensions and expulsions). Research has shown that out-of-school discipline is highly likely to be implemented for minor behaviors unrelated to school safety, such as tardies and truancy. Even though exclusionary discipline practices are the... |
2016 |
| Jason P. Nance |
Dismantling the School-to-prison Pipeline: Tools for Change |
48 Arizona State Law Journal 313 (Summer, 2016) |
The school-to-prison pipeline is one of our nation's most formidable challenges. It refers to the trend of directly referring students to law enforcement for committing certain offenses at school or creating conditions under which students are more likely to become involved in the criminal justice system, such as excluding them from school. This... |
2016 |
| Adrien Fernandez |
Dismantling the School-to-prison Pipeline: Whether Senate Bill 100 Will Address Problems Specific to Students with Learning Disabilities |
21 Public Interest Law Reporter 147 (Spring, 2016) |
Children with learning disabilities make up 36% of the juvenile justice system, but only 8.6% of the nation's students. It is clear that the juvenile justice system disproportionally affects and punishes youth who have a learning disability. The Illinois government took notice of this so called school-to-prison pipeline when it passed Senate Bill... |
2016 |
| Jeremy L. Thompson , Chanelle Artiles |
Dismantling the Sexual Abuse-to-prison Pipeline: Texas's Approach |
41 Thurgood Marshall Law Review 239 (Spring, 2016) |
The United States now has more than $19 trillion debt. With over 2.2 million people incarcerated, the United States has the highest prison population in the World. With over 1.6 million people incarcerated, China has the second highest prison population in the World. As the country with the highest prison population, the United States spends... |
2016 |
| Catherine E. Johnson |
Disrupted Lives; Diverted Futures: Zero Tolerance Policies' Impact on Students with Disabilities |
40 Nova Law Review 425 (Spring, 2016) |
I. Introduction: The Illusive Promise of Equality. 425 II. The Importance of Safety in Education. 427 III. Zero Tolerance Policies. 427 IV. History of Discipline in Education. 428 V. Effectiveness of Zero Tolerance Policies. 431 VI. The Impact of Zero Tolerance Policies on Students with Disabilities. 432 VII. IDEA Procedural Protections. 436 VIII.... |
2016 |
| Steven E. Gilmore |
Education and its Discontents: the Decriminalization of Truancy and the School-to-prison Pipeline in Texas |
18 Scholar: St. Mary's Law Review on Race and Social Justice 229 (2016) |
So that the truant boy may go steady with the State, So that in his spine a memory of wings Will make his shoulders tense & bend Like a thing already flown When the bracelets of another school of love Are fastened to his wrists, Make a law that doesn't have to wait Long until someone comes along to break it. --Larry Levis I. Introduction. 230 II.... |
2016 |
| Jeremy Thompson |
Eliminating Zero Tolerance Policies in Schools: Miami-dade County Public Schools' Approach |
2016 Brigham Young University Education and Law Journal 325 (2016) |
The United States has the highest prison population rate in the world. As a result, taxpayers spend over several billion dollars a year on prison costs. At a time where the United States has the highest incarceration rate and the highest amount of debt in history, saving money by reducing the prison population should be one of the highest... |
2016 |
| Anna P. Goettl |
Emptying Classrooms to Fill Detention Centers: the Disappointing Discipline Standards under Idea |
9 Federal Courts Law Review 41 (2016) |
I. Introduction. 41 II. Applicable Law. 44 A. IDEA: The Hopeful Vehicle for Providing FAPE. 44 B. Utilizing IDEA: Remedies for Families. 48 III. Analysis. 50 A. Good Intentions Gone Awry. 50 B. A Dangerous Approach to Discipline. 51 C. Fearful Failure: An Overreliance on Law Enforcement. 54 D. The Big Problem with Bad Discipline: FAPE and Detention... |
2016 |
| Judith A.M. Scully |
Examining and Dismantling the School-to-prison Pipeline: Strategies for a Better Future |
68 Arkansas Law Review 959 (2016) |
The school-to-prison pipeline is a devastating process through which many of our children -- particularly males and students of color -- receive an inadequate education and are then pushed out of public schools and into the criminal punishment system. Although this phenomenon harms children of all ages and races, it impacts children of color most... |
2016 |
| Louis Michael Seidman |
Factual Guilt and the Burger Court: an Examination of Continuity and Change in Criminal Procedure |
80 Columbia Law Review 436 (April, 1980) |
More than a decade has passed since Earl Warren's resignation as Chief Justice of the United States and the beginning of the Burger Court's conservative counterrevolution. It is by now a commonplace that many of the changes effected by the Burger Court have not been as dramatic as some fearedand others hopedthey would be. But in the special area... |
2016 |
| José Felipé Anderson |
From Fugitives to Ferguson: Repairing Historical and Structural Defects in Legally Sanctioned Use of Deadly Force |
49 Washington University Journal of Law & Policy 63 (2015) |
The lawful use of lethal force to subdue suspected wrongdoers has a long tradition in our nation. There is certainly nothing wrong with securing, incapacitating, or even killing violent persons who pose a serious threat to the lives of innocent individuals. One of the important roles of government is to protect people from harm and keep the peace.... |
2016 |
| Jerrad M. Mills |
From the Principal's Office to Prison: How America's School Discipline System Defies Brown |
50 University of San Francisco Law Review 529 (2016) |
IN THE LANDMARK CASE OF Brown v. Board of Education II, the U.S. Supreme Court held that the doctrine of separate but equal was inherently unequal in K-12 education. The Court ordered K-12 school segregation to end with all deliberate speed. In order to effectuate this change, the Court ordered the case to be remanded to the district courts for... |
2016 |
| Christie B. Carrino |
Gatekeepers to Success: Missouri's Exclusionary Approach to School Discipline |
52 Washington University Journal of Law & Policy 171 (2016) |
It certainly looks, Adeimantus, as if everything follows from the direction a person's education takes. --Plato, The Republic On the precipice of the 2012 American Presidential Election, greater than seven in ten Americans cited education as an extremely important or very important issue. Indeed, a strong education system is often seen as the... |
2016 |
| Sonja C. Tonnesen |
Hit it and Quit It: Responses to Black Girls' Victimization in School |
28 Berkeley Journal of Gender, Law & Justice Just. 1 (Winter 2013) |
INTRODUCTION. 2 Part I. Sexual Harassment Against Black Girls and Young Women in School and the Unfulfilled Promise of Title IX and Zero Tolerance Policies. 6 A. Sexual Harassment Against Black Girls at School. 6 B. The Inadequacy of Title IX and Schools' Efforts to End Sexual Harassment against Black Girls and Young Women in K-12 Schools. 11 Part... |
2016 |
| Amanda M. Gracia |
Keep All Our Kids in the Classroom: Remedying Discipline in Education |
15 Whittier Journal of Child and Family Advocacy 89 (Spring, 2016) |
He who opens a school door, closes a prison. In 1954, Chief Justice Warren delivered the Supreme Court's decision in Brown v. Board of Education stating, Today [education] is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his... |
2016 |
| Lauren Brauer |
Legislative Update: Zero Tolerance to Zero Suspensions-an Analysis of Lausd's New Discipline Policy |
36 Children's Legal Rights Journal 141 (2016) |
Across the country, schools have launched programs to address the shortfalls of zero tolerance discipline in order to keep children in schools. Prior to the 1970's, suspending children was relatively rare, as corporal punishment was the predominant form of discipline. After numerous studies suggested that corporal punishment was ineffective, as... |
2016 |
| Laura R. McNeal |
Managing Our Blind Spot: the Role of Bias in the School-to-prison Pipeline |
48 Arizona State Law Journal 285 (Summer, 2016) |
That all citizens will be given an equal start through a sound education is one of the most basic, promised rights of our democracy.--Senator Paul Wellstone For decades, we have witnessed the increased criminalization of our nation's youth, especially youth of color and students with disabilities, through the implementation of zero tolerance... |
2016 |
| Jason P. Nance |
Over-disciplining Students, Racial Bias, and the School-to-prison Pipeline |
50 University of Richmond Law Review 1063 (March, 2016) |
Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children for disruptive behavior. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based... |
2016 |
| Janel George |
Populating the Pipeline: School Policing and the Persistence of the School-to-prison Pipeline |
40 Nova Law Review 493 (Spring, 2016) |
I. Introduction. 493 II. How Did We Get Here?. 497 A. Discrimination, Segregation, and Discipline Disparities. 497 B. Surveillance. 502 III. Policing Discipline: The Emergence and Expansion of Police in Schools. 505 A. School Safety and School Discipline: Blurring the Role of Police in Schools. 505 A. Excessive Use of Force in Schools: When... |
2016 |
| Dara Yaffe |
Reading, Writing, and Rethinking Discipline: Evaluation of the Memoranda of Understanding Between Law Enforcement and School Districts in Massachusetts |
51 New England Law Review 131 (Fall, 2016) |
School Resource Officers (SROs) are trained law enforcement officials who are assigned to work in schools and with community-based organizations to educate students in crime prevention and guarantee a safe school environment. In the last sixteen years, SRO presence in schools has steadily increased; however, politicians and policy makers recently... |
2016 |
| Derek W. Black |
Reforming School Discipline |
111 Northwestern University Law Review 1 (2016) |
Abstract--Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively... |
2016 |
| Thalia González |
Restorative Justice from the Margins to the Center: the Emergence of a New Norm in School Discipline |
60 Howard Law Journal 267 (Fall, 2016) |
INTRODUCTION. 268 I. RESTORATIVE JUSTICE IN THEORY AND PRACTICE. 274 II. THEORIES OF NORMATIVE CHANGE. 280 III. THE NORM CHANGE PROPOSITION: ADVANCING A NEW UNDERSTANDING OF SCHOOL DISCIPLINE IN THE UNITED STATES. 285 A. Stage One: Norm Emergence. 286 1. California. 288 2. Colorado. 290 3. Illinois. 292 4. Maryland. 293 5. Pennsylvania. 295 B.... |
2016 |
| Marilyn Armour |
Restorative Practices: Righting the Wrongs of Exclusionary School Discipline |
50 University of Richmond Law Review 999 (March, 2016) |
Schools are beset with complex challenges in their efforts to educate students. The tough policies created to ensure safe learning environments appear to be increasingly ineffective, generating racial disproportionality in discipline, academic failure, high dropout rates, and a clear school-to-prison pipeline. The drive to meet the standards on... |
2016 |
| Douglas E. Abrams |
School Bullying Victimization as an Educational Disability |
22 Temple Political & Civil Rights Law Review 273 (Spring 2013) |
After decades of national indifference that often left bullied elementary and secondary students to fend for themselves without meaningful protection from public school authorities, the United States now takes school bullying more seriously than ever before. According to the National Center for Education Statistics, however, much work is yet to be... |
2016 |
| Cassandra Black |
School Discipline Reform in Illinois: Creating Policies to Reduce the Use of Suspension and Expulsion |
29 DCBA Brief 18 (November, 2016) |
Schools across the state began this school year with new policies and student handbooks in line with a new state law that restricts the use of exclusionary school discipline practices, like suspensions and expulsions. School districts have frequently relied on exclusionary discipline practices to address behavioral concerns in the school setting.... |
2016 |
| Kim Brooks, Vincent Schiraldi and Jason Ziedenberg |
School House Hype: Two Years Later |
8-JUN Kentucky Children's Rights Journal J. 7 (June, 2000) |
In July 1998, the Justice Policy Institute (JPI) sought to inject some context into the debate around school violence inspired by the tragic shootings that occurred in Jonesboro, Arkansas, and a number of other communities. In School House Hype: School Shootings and the Real Risks Kids Face in America, JPI compared the notion that children faced... |
2016 |
| |
School-to-prison Pipeline Expands with Innovative Diversion Efforts |
35 No. 3 Child Law Practice 47 (March, 2016) |
The school-to-prison pipeline that draws children out of public schools and into the criminal justice system has long been understood to disproportionately affect young people of color. A new study released February 5 at the American Bar Association Midyear Meeting also shows that schools are failing lesbian, gay, bisexual and transgender youth at... |
2016 |
| Jason P. Nance |
Students, Police, and the School-to-prison Pipeline |
93 Washington University Law Review 919 (2016) |
Since the terrible shootings at Sandy Hook Elementary School in Newtown, Connecticut, lawmakers and school officials continue to deliberate over new laws and policies to keep students safe, including putting more police officers in schools. Yet these decisionmakers have not given enough attention to the potential negative consequences that such... |
2016 |
| Haley Direnzo |
The Claire Davis School Safety Act: Why Threat Assessments in Schools Will Not Help Colorado |
93 Denver Law Review 719 (2016) |
The United States is struggling with how to prevent the relatively new phenomenon of mass shootings or attacks, many of them occurring in schools. Colorado addressed this by passing the Claire Davis School Safety Act that allows individuals harmed in acts of school violence to sue the school districts where the incidents occurred. This law intends... |
2016 |
| Steven L. Nelson, J.D., Ph.D. , Jennifer E. Grace, M.Ed., N.C.C. |
The Right to Remain Silent in New Orleans: the Role of Non-politically Accountable Charter School Boards in the School-to-prison Pipeline |
40 Nova Law Review 447 (Spring, 2016) |
I. Introduction. 448 II. The School-to-Prison Pipeline: The Need to Examine Charter Schools Beyond Standardized Test Scores in New Orleans' Schools. 449 A. Defining the School-to-Prison Pipeline and Identifying Its Primary Targets. 449 B. Discovering the Origins of the School-to-Prison Pipeline. 451 C. Realizing the Final Destinations of the School... |
2016 |
| Todd A. DeMitchell, Ed.D., M.A., M.A.T., Elyse Hambacher, Ph.D., M.A. |
Zero Tolerance, Threats of Harm, and the Imaginary Gun: "Good Intentions Run Amuck" |
2016 Brigham Young University Education and Law Journal 1 (2016) |
Students want and need clear boundaries, structure, and consistency. They need to feel safe, cared for, and respected. It is always the right thing to set high expectations for students, not just in academic terms, but for their behavior and conduct. -Arne Duncan, U.S. Secretary of Education In 2014, a fifth grader in Massachusetts was suspended... |
2016 |
| Jonathon Arellano-Jackson |
But What Can We Do? How Juvenile Defenders Can Disrupt the School-to-prison Pipeline |
13 Seattle Journal for Social Justice 751 (Spring, 2015) |
The School-to-Prison Pipeline is one of the greatest causes of racial and economic inequality in the United States. Through the use of exclusionary discipline policies, youth, particularly youth of color, are pushed out of schools and onto a path that ends in incarceration. This article is designed to expose the causes of this problem and to offer... |
2015 |
| Logan J. Gowdey |
Disabling Discipline: Locating a Right to Representation of Students with Disabilities in the Ada |
115 Columbia Law Review 2265 (December, 2015) |
Data on school discipline reveals significant numbers of students are being suspended and expelled from public schools for a variety of low-level offenses, the so-called school-to-prison pipeline. Additionally, troubling disparities have emerged: Students with disabilities, poor students, and nonwhite students are removed from school at greater... |
2015 |
| Deanna J. Glickman |
Fashioning Children: Gender Restrictive Dress Codes as an Entry Point for the Trans* School to Prison Pipeline |
24 American University Journal of Gender, Social Policy and the Law 263 (2015) |
I. Introduction. 264 II. Gender Norms and Dress Codes: A Tautology. 266 A. Brief History of Dress Codes. 267 B. Current Rationales for Dress Codes. 269 1. Gang Prevention and Violence Reduction. 269 2. Disciplined Learning Environment. 270 3. Professionalism. 271 C. How Gender Norms Operate Through Dress Codes. 273 III. The Genderization of Dress... |
2015 |
| Jon Powell |
Making Space for Good Things to Happen: a Restorative Approach to the School-to-prison Pipeline |
17 Florida Coastal Law Review 83 (Fall, 2015) |
Marquis was new in the high school. He had just moved to North Carolina from New York City. Marquis had a rough life there. He was one of five kids in a poor black family with no stability. His aunt, who had ties to North Carolina and a heart of gold, took Marquis and his siblings in because she thought the kids would have a better chance in a... |
2015 |
| Jerrod Thompson-Hicks |
Re-entry and the Juvenile Defender |
8 John Marshall Law Journal 567 (Spring, 2015) |
I. Introduction. 567 II. The Juvenile Reentry Population. 573 III. A Juvenile Defender's Role in Promoting Successful Reentry. 579 IV. The Reentry Project and The Second Chances Project. 584 a. The Second Chances Project. 585 b. The Reentry Project. 592 V. Conclusion. 596 |
2015 |
| Josh Gupta-Kagan |
Rethinking Family-court Prosecutors: Elected and Agency Prosecutors and Prosecutorial Discretion in Juvenile Delinquency and Child Protection Cases |
85 University of Chicago Law Review 743 (May, 2018) |
Like criminal prosecutors, family-court prosecutors have immense power. Determining which cases to prosecute and which to divert or dismiss goes to the heart of the delinquency system's balance between punishment and rehabilitation of children and the child protection system's spectrum of family interventions. For instance, the 1990s shift to... |
2015 |
| Joseph B. Tulman, Kylie A. Schofield |
Reversing the School-to-prison Pipeline: Initial Findings from the District of Columbia on the Efficacy of Training and Mobilizing Court-appointed Lawyers to Use Special Education Advocacy on Behalf of At-risk Youth |
18 University of the District of Columbia Law Review 215 (Spring, 2015) |
This article will describe the implementation and analyze the results of an attorney training and mobilizing project of the Juvenile and Special Education Law Clinic (Clinic) of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL). This project was premised in part on the notion that many of the children caught in the... |
2015 |
| Stephen S. Worthington |
Roles for Neutrals in Remedying the School Discipline Gap |
7 Yearbook on Arbitration and Mediation 289 (2015) |
At the outset of 2014, the United States Departments of Education and Justice released guidance that could dramatically affect civil rights enforcement in school discipline cases. In a Dear Colleague letter dated January 8, 2014, the Departments clarified that, when investigating racial discrimination in school discipline under Titles IV and VI... |
2015 |
| Alison Evans Cuellar , Sara Markowitz |
School Suspension and the School-to-prison Pipeline |
43 International Review of Law & Economics 98 (August, 2015) |
Received 4 March 2015 Received in revised form 26 May 2015 Accepted 9 June 2015 Available online 17 June 2015 School discipline Crime Juveniles Schools have many available strategies to address problem behavior among students. One option increasingly used by schools is to suspend problem youth and remove them for defined periods. The purpose of... |
2015 |
| Deborah Ahrens |
Schools, Cyberbullies, and the Surveillance State |
49 American Criminal Law Review 1669 (Fall, 2012) |
In recent years, parents, educators, and the media have expressed a rising concern about the prevalence of bullying in American schools. In particular, this concern has been brought to the forefront with the emergence of cyberbullying and sexting. In response to this perceived epidemic of poor student behavior, legislatures and school... |
2015 |
| M. Alex Evans |
Schoolyard Cops and Robbers: Law Enforcement's Role in the School-to-prison Pipeline |
37 North Carolina Central Law Review 183 (2015) |
Imagine a young man by the name of Kahjah. Many believe that he is the best athlete to come out of the state since Michael Jordan, making him a favorite son of Apex, North Carolina and Middle Creek High School. From the front desk attendant, to the janitor, to the principal, the entire Middle Creek community acknowledges him as a prototypical... |
2015 |
| Janel A. George |
Stereotype and School Pushout: Race, Gender, and Discipline Disparities |
68 Arkansas Law Review 101 (2015) |
As in a family that can never discuss its fundamental secrets, our deeply held and often unconscious beliefs, stereotypes, and biases are too rarely brought to the surface, examined, and finally expunged. Yet as much as we seek to lock them from view, race and racism continue to color our interactions, including our disciplinary actions, on a... |
2015 |
| Derek W. Black |
The Constitutional Limit of Zero Tolerance in Schools |
99 Minnesota Law Review 823 (February, 2015) |
I. The Current Crisis in Discipline. 832 A. The Rise and Breadth of Expulsions and Suspensions. 832 B. The Causal Explanation for Increased Expulsion and Suspension. 835 C. The Rationale and Effectiveness of Zero Tolerance and Harsh Discipline. 837 II. The Courts' Grand Constitutional Intervention and Silent Withdrawal from School Discipline. 841... |
2015 |
| Tracie R. Porter |
The School-to-prison Pipeline: the Business Side of Incarcerating, Not Educating, Students in Public Schools |
68 Arkansas Law Review 55 (2015) |
In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms. Chief Justice Earl Warren This essay takes a critical look at the practice of... |
2015 |