| Author | Title | Citation | Summary | Year |
| 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 |
| Robert Scott |
Using Critical Pedagogy to Connect Prison Education and Prison Abolitionism |
33 Saint Louis University Public Law Review 401 (2014) |
Socio-political movements naturally develop divisions between various factions of activists. I want to address what I consider to be an unfruitful schism between activists who organize education programs in prisons (prison educators) and those who oppose the prison system wholesale (prison abolitionists). To the extent to which members of these two... |
2015 |
| Lia Epperson |
Brown's Dream Deferred: Lessons on Democracy and Identity from Cooper V. Aaron to the "School-to-prison Pipeline" |
49 Wake Forest Law Review 687 (Fall 2014) |
One of the most disturbing factors presently limiting educational advancement is the significant racial disparity in the apportionment of school discipline. Due to a series of state-enacted policies throughout the last two decades, school districts across the nation have adopted so called zero tolerance policies that apportion the harshest of... |
2014 |
| Jeffrey D. Spitzer-Resnick |
Children in School: Student Discipline and the School-to-prison Pipeline |
87-SEP Wisconsin Lawyer 38 (September, 2014) |
Too often, discipline in schools merely relocates the problems instead of resolving them, thus leading to serious permanent consequences for misbehaving students and their families and communities. Wisconsin school-discipline law gives tremendous power to school boards to discipline public school students. In general, as long as minimal due process... |
2014 |
| Rebecca Schlosser |
Derailing the Juvenile Justice School-to-prison Pipeline by Reforming the Texas Court System |
16 Texas Tech Administrative Law Journal 83 (Fall, 2014) |
I. Introduction. 83 II. Criminalization of Student Misbehaviors Created Duplicity and Inequity in the System. 84 A. Historical Background of Juvenile Justice. 86 B. Reforms in the 82nd and 83rd Legislative Sessions. 90 1. Has Criminal Ticketing in Texas Decreased as a Result of these Reform Efforts?. 93 2. A Study on Failure to Attend Ticketing and... |
2014 |
| David Simson |
Exclusion, Punishment, Racism and Our Schools: a Critical Race Theory Perspective on School Discipline |
61 UCLA Law Review 506 (January, 2014) |
Punitive school discipline procedures have increasingly taken hold in America's schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more,... |
2014 |
| Gary Blasi |
Fifty Years after Brown V. Board: Five Principles for Moving Ahead |
11 Asian Law Journal 324 (May, 2004) |
It is a privilege to be here, among so many friends and people who are personal heroes of mine. And it is both a privilege and a daunting task to speak about strategies for rekindling the spirit of Brown v. Board of Education. As we look back on Brown and civil rights and educational justice work over the past half-century, it is important to... |
2014 |
| Jalise Burt |
From Zero-tolerance to Compassion: Addressing the Needs of Girls Caught in the School-to-prison Pipeline Through School-based Mental Health Services |
6 Georgetown Journal of Law & Modern Critical Race Perspectives 97 (Spring, 2014) |
Our nation is currently engaged in a dangerously systematic criminalization of youth of color through our public school systems. This system, known as the school-to-prison pipeline, involves pushing children out of traditional schools and into the juvenile and criminal justice systems through the use of harsh disciplinary measures, suspensions, and... |
2014 |
| Melina Angelos Healey |
Montana's Rural Version of the School-to-prison Pipeline: School Discipline and Tragedy on American Indian Reservations |
75 Montana Law Review 15 (Winter, 2014) |
Introduction. 17 I. Foundations of the Pipeline. 18 A. The Nationwide School-to-Prison Pipeline. 18 B. Tribes and Reservations Examined in this Article. 21 II. Background and Approach. 23 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 23 III. The Data: The Presence of Pipeline Indicators in Montana. 25 A. The Harmful... |
2014 |
| Stephanie Francis Ward |
Racial Imbalance Feeds School-to-prison Pipeline |
100-APR ABA Journal 66 (April, 2014) |
Students of color, particularly boys, are suspended and expelled at alarming rates and zero-tolerance school discipline policies fail the communities they serve, said several speakers on a panel at this year's ABA Midyear Meeting. Black students are 3.5 times more likely to be expelled than white students, said Nancy Heitzeg, a sociology professor... |
2014 |
| Rebecca Morton |
Returning "Decision" to School Discipline Decisions: an Analysis of Recent, Anti-zero Tolerance Legislation |
91 Washington University Law Review 757 (2014) |
Public school districts across America are evaluating the effectiveness of zero tolerance school discipline policies. Initially developed in the 1980s to combat the war on drugs, zero tolerance policies spread to school districts in the wake of congressional legislation addressing concerns for school safety. In addition to expulsions mandated by... |
2014 |
| Aaron J. Curtis |
Tracing the School-to-prison Pipeline from Zero-tolerance Policies to Juvenile Justice Dispositions |
102 Georgetown Law Journal 1251 (April, 2014) |
C1-2Table of Contents Introduction. 1252 I. Zero-Tolerance Policies. 1253 a. justifications for zero-tolerance policies. 1254 1. Taking School Violence Seriously. 1254 2. Consistently Punishing Disciplinary Infractions. 1255 b. critiques of zero-tolerance policies. 1255 1. School Violence Is Declining. 1255 2. Students of Color Are Punished... |
2014 |
| Janel A. George |
Undermining Opportunity: Race, Gender, and Discipline Disparities |
19-DEC NBA National Bar Association Magazine 18 (December, 2014) |
Although many African American girls were pivotal in advancing educational opportunity before and during the Civil Rights era, the educational outcomes of African American girls are being undermined by practices influenced by race and gender bias, including overly punitive discipline practices in schools. A recent report by the NAACP Legal Defense... |
2014 |
| S. David Mitchell |
Zero Tolerance Policies: Criminalizing Childhood and Disenfranchising the next Generation of Citizens |
92 Washington University Law Review 271 (2014) |
I. Introduction. 272 II. Zero Tolerance Policies. 277 A. The Origin and Evolution of Zero Tolerance Policies. 278 B. The Impact of Zero Tolerance Policies. 283 1. In General. 287 2. The Disproportionate Impact. 291 C. Legal Challenges. 296 1. Free Speech. 297 2. Right to Privacy. 300 3. Due Process. 302 III. The Next Generation of Disenfranchised... |
2014 |
| Kaitlyn Jones |
#Zerotolerance #Keepingupwiththetimes: How Federal Zero Tolerance Policies Failed to Promote Educational Success, Deter Juvenile Legal Consequences, and Confront New Social Media Concerns in Public Schools |
42 Journal of Law and Education 739 (Fall, 2013) |
The federal government first applied zero tolerance (ZT) disciplinary policies in elementary and secondary public schools both as an expansion of drug control legislation of the 1980s and in response to a string of tragic school shootings in the early 1990s. In compliance with the Improving America's Schools Act of 1994, a reauthorization of the... |
2013 |
| Andrea Lollini |
Brain Equality: Legal Implications of Neurodiversity in a Comparative Perspective |
51 New York University Journal of International Law & Politics 69 (Fall, 2018) |
This article inquires into some of the implications of the concept of neurodiversity. First, it analyzes the definition of neurodiversity and its legal dimension. Then, it explores the claim made by part of the neurodiversity movement that people with different neurodevelopment profiles should be considered a new minority. Finally, this article... |
2013 |
| Jennica Janssen |
Collateral Consequences for Justice-involved Youth: a Model Approach to Reducing the Number of Collateral Consequences |
20 Marquette Benefits & Social Welfare Law Review 25 (Fall, 2018) |
Collateral consequences--stigma and disadvantages individuals face after becoming entangled in the legal system--for justice-involved youth differ by jurisdiction and number in the thousands. Although the American Bar Association (ABA) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) advocated for the reduction of juvenile... |
2013 |
| Daniel J. Losen |
Discipline Policies, Successful Schools, Racial Justice, and the Law |
51 Family Court Review 388 (July, 2013) |
Research has found that, in 2006, over 28 per cent of Black male middle school students had been suspended at least once, nearly three times the rate for White males. Other research has revealed racial disparities in discipline, including disproportionately high numbers of Black students being removed from class on discretionary discipline grounds,... |
2013 |
| Jane G. Coggshall, David Osher, Greta Colombi |
Enhancing Educators' Capacity to Stop the School-to-prison Pipeline |
51 Family Court Review 435 (July, 2013) |
In this article, we, a group of experts from three federally funded educational technical assistance centers housed at the American Institutes for Research, describe four ways teachers and school leaders can affect children's trajectory into and through the pipeline to prison. We then detail the competencies necessary to promote the kinds of... |
2013 |
| Stephen Rushin |
Federal Enforcement of Police Reform |
82 Fordham Law Review 3189 (May, 2014) |
Congress passed 42 U.S.C. ยง 14141 in an effort to combat police misconduct and incentivize proactive reform in local law enforcement agencies. The statute gives the U.S. Attorney General the power to initiate structural reform litigation against local police departments engaged in a pattern or practice of unconstitutional behavior. While academics... |
2013 |
| Allison R. Brown |
Federal Spotlight on School-to-prison Pipeline |
32 No. 2 Child Law Practice 31 (February, 2013) |
In 1999, Columbine happened. And in the years following, schools and some states ramped up zero tolerance in school discipline to alleviate fears of another tragedy. The school-to-prison pipeline grew. Here we are again. Recently, Newtown happened. Another horrific tragedy. I am hopeful, however, that we will not see the reactionary overreach in... |
2013 |
| Quintin M. Chatman , NACDL, 1660 L Street, NW, 12th Floor, Washington, DC 20036, 202-465-7633, Fax 202-872-8690, E-mail qchatman@nacdl.org |
Fighting for the Underdog |
39-NOV Champion 62 (November, 2015) |
Pennsylvania lawyer Peter Goldberger did not know any lawyers while growing up in Tenafly, N.J., but a high school teacher's suggestion that he consider it as a career choice led him to seek summer jobs in legal offices during his college years. That teacher sowed a seed that took Goldberger on a legal journey that includes earning a degree at Yale... |
2013 |
| Susan Ainsley McCarter |
Holistic Representation: a Randomized Pilot Study of Wraparound Services for First-time Juvenile Offenders to Improve Functioning, Decrease Motions for Review, and Lower Recidivism |
54 Family Court Review 250 (April, 2016) |
Mental health diagnoses, substance abuse issues, and school problems are often cited as contributors to adolescents' involvement with the juvenile justice system. Yet, few youth receive assessment, evaluation, or intervention prior to their involvement with the juvenile courts. This pilot study evaluated whether providing a randomized trial of... |
2013 |
| Eleanor Lumsden |
How Much Is Police Brutality Costing America? |
40 University of Hawaii Law Review 141 (Winter 2017) |
L1-2INTRODUCTION . L3142 I. A BRIEF HISTORY OF POLICING. 145 II. FEDERAL LAW. 155 A. The United States Constitution. 155 B. Federal Statutory Law. 158 III. THE COMMON LAW OF TORTS. 162 IV. THE COSTS OF POLICE BRUTALITY. 165 A. Direct, Current Costs. 165 1. Costs to Victims. 165 2. Broken Homes and Families. 172 B. Indirect, Current Costs. 174 1.... |
2013 |
| Khin Mai Aung |
Pitting Our Youth Against Each Other: Moving School Harassment and Bullying Policy from a Zero Tolerance Discipline to Safe School Environment Framework |
3 UC Irvine Law Review 885 (December, 2013) |
Introduction. 885 I. State of the Law--School Harassment and Bullying Prevention Policies. 890 A. Federal Law. 890 1. Federal Antiharassment Laws. 890 2. Proposed Legislation--Safe School Improvement Act. 892 B. State and Local Laws and Policies on School Bullying and Harassment. 893 1. National Trends Across Jurisdictions. 893 2. Example--New York... |
2013 |
| Patrick S. Metze |
Plugging the School-to-prison Pipeline by Improving Behavior and Protecting Core Judicial Functions: a Constitutional Crisis Looms |
45 Saint Mary's Law Journal 37 (2013) |
I. Introduction. 38 II. Implementation of Positive Behavioral Interventions and Support in Texas Youth Commission Schools. 43 A. Final Report on the Effectiveness of PBIS. 44 III. History of the Texas Youth Commission and Texas Juvenile Probation Commission. 52 A. TYC. 52 B. TJPC. 55 IV. Probation: An Inherent or Core Judicial Function. 57 A.... |
2013 |
| Sarah Harrison |
Reaction To: Murder at Freedom's Gate |
5 Georgetown Journal of Law & Modern Critical Race Perspectives 49 (Spring, 2013) |
From the opening to the final page, Murder at Freedom's Gate is a riveting read for a policy Note. The graphic scene described at the beginning sets an appropriate stage for the Introduction's hard-hitting facts highlighting America's present day racial disparities and the need for a sounding call to education reform. Aiken drives the point with... |
2013 |
| Barbara Fedders, Jason Langberg |
School Discipline Reform: Incorporating the Supreme Court's "Age Matters" Jurisprudence |
46 Loyola of Los Angeles Law Review 933 (Spring, 2013) |
Relying on social science, neuroscience, and common sense to elucidate the differences between childhood and adulthood, including levels of maturation, impulsivity, and susceptibility to peer pressure, the Supreme Court altered the criminal justice landscape for youth in Roper v. Simmons, Graham v. Florida, J.D.B. v. North Carolina, and Miller v.... |
2013 |
| Barbara Fedders |
Schooling at Risk |
103 Iowa Law Review 871 (March, 2018) |
ABSTRACT: For much of the nation's history, states excluded entire groups of students from mainstream public-school classrooms based on classifications of race or disability. Although Brown vs. Board of Education and its progeny, as well as the Individuals with Disabilities Education Act, now prohibit the most blatant and egregious forms of this... |
2013 |
| Melina Angelos Healey |
The School-to-prison Pipeline Tragedy on Montana's American Indian Reservations |
37 New York University Review of Law and Social Change 671 (2013) |
I. Introduction. 673 II. Foundations of the Pipeline. 674 A. The Nationwide School-to-Prison Pipeline. 674 B. Tribes and Reservations Examined in this Article. 677 III. Background and Approach. 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 679 B. The Utility of a Critical Race Approach to Understanding the... |
2013 |
| Udi Ofer |
Criminalizing the Classroom: the Rise of Aggressive Policing and Zero Tolerance Discipline in New York City Public Schools |
56 New York Law School Law Review 1373 (2011/2012) |
On February 1, 2010 school safety officers arrested twelve-year-old Alexa Gonzalez in front of her classmates and teachers. What did she do wrong? While waiting for her Junior High School Spanish teacher to distribute homework assignments, Alexa doodled on her desk with an erasable marker, I love my friends Abby and Faith. Lex was here. 2/1/10.... |
2012 |