Steven L. Nelson, J.D., Ph.D. Racial Subjugation by Another Name? Using the Links in the School-to-prison Pipeline to Reassess State Takeover District Performance 9 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2017) The state takeover of locally governed schools in predominately black communities has not disrupted the racial subjugation of black people in the United States. Using proportional analyses and the cities of Detroit, Memphis, and New Orleans as sites, the researcher finds that state takeover districts have not consistently disrupted the school-to-... 2017
Juliana Carter, J.D. Reimagining Pennsylvania's School Discipline Law and Student Rights in Discipline Hearings 88 Temple Law Review Online Online 4 (2017) Across the United States, schools are kicking children out for alleged misbehavior at higher rates than ever before. This form of punishment is formally known as disciplinary exclusion. Disciplinary exclusion can change a child's life. Almost immediately, the punishment impacts a student's reputation among her peers, ability to secure a job, and... 2017
Lanette Suarez Restraints, Seclusion, and the Disabled Student: the Blurred Lines Between Safety and Physical Punishment 71 University of Miami Law Review 859 (Spring, 2017) Introduction. 860 I. Restraints, Seclusion, Corporal Punishment, and the Failure of the Education System. 864 A. Disabled Children and the Individuals with Disabilities Education Act. 865 B. History and Use of Restraints, Seclusion, and Corporal Punishment in Schools. 867 C. Current Laws and Practices. 870 1. Department of Education Guidelines. 870... 2017
Amanda McGinn School Discipline Practices That Will Shock You, Literally: a Reevaluation of the Legal Standard for Excessive Force Against Students 54 American Criminal Law Review 627 (Spring, 2017) But I do want to talk about what happens in schools across America every single day, even when it's not captured on video. Schools must be safe havens. They must be filled with compassion and love. But it's clear that as a nation, we are severely underestimating the traumatic impact of our children being subject to, or even just seeing or... 2017
Rocío Rodríguez Ruiz School-to-prison Pipeline: an Evaluation of Zero Tolerance Policies and Their Alternatives 54 Houston Law Review 803 (Winter, 2017) Although our country's education system historically focused on rehabilitative measures, concerns about school violence led to an increased use of punitive measures during the 1990s. Reliance on harsh penalties has grown over time, leading to the strengthening of the school-to-prison pipeline: a nationwide phenomenon that criminalizes student... 2017
  Strengthening Our Cities 4 Belmont Law Review 159 (2017) Representative Akbari: Hello, everyone. First of all, thank you so much for having me at Belmont. It's a beautiful day to be in law school. This is a gorgeous law school. Fortunately, I have not had to come into one for seven years now. [Laughter.] Anyway, I'm really excited about the topic that I'm going to talk about today. I represent District... 2017
Josh Gupta-Kagan The School-to-prison Pipeline's Legal Architecture: Lessons from the Spring Valley Incident and its Aftermath 45 Fordham Urban Law Journal 83 (December, 2017) Introduction. 84 I. Case Study: The Spring Valley Incident and the School-to-Prison Pipeline in South Carolina. 91 A. The October 26, 2015 Spring Valley High School Incident. 92 B. The Incident's Aftermath. 94 C. Why Focus on Spring Valley and South Carolina?. 97 1. Spring Valley and South Carolina Illustrate the Pipeline's Legal Architecture. 97... 2017
David L. Hudson Jr. Zeroing in 103-DEC ABA Journal 16 (December, 2017) JOSEPH WAHL, A16-YEAR-OLD STUDENT, INADVERTENTLY BROUGHT TWO CREDIT CARD-SIZE KNIVES in his backpack to Brandywine High School in Wilmington, Delaware. He later explained that they were part of the inventory from his eBay business. School officials still punished him with a mandatory suspension under its zero tolerance policy on weapons. Wahl and... 2017
Brian J. Fahey A Legal-conceptual Framework for the School-to-prison Pipeline: Fewer Opportunities for Rehabilitation for Public School Students 94 Nebraska Law Review 764 (2016) I. Introduction. 765 II. Three Models for Regulating Juvenile Conduct. 768 A. The Criminal Punishment Model. 768 1. Rights Attendant to the Criminal Punishment Model. 768 2. A Framework for Recognizing Criminal Punishment. 769 B. The Juvenile Justice Model. 771 1. Rehabilitative Beginnings. 771 2. Recognizing Due Process Rights in Juvenile Justice.... 2016
Sarah E. Redfield, Jason P. Nance American Bar Association: Joint Task Force on Reversing the School-to-prison Pipeline 47 University of Memphis Law Review Rev. 1 (Fall, 2016) I. Overview of the School-to-Prison Pipeline Problem. 12 A. Introduction. 12 1. The Context. 15 a. The Meaning of Disproportionality. 16 b. Differences in relationships and expectations relate to the exercise of discretion, and both can be damning. 22 c. Bad or worse behavior is not the explanation for disproportionality. 27 d. Exclusion and... 2016
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
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