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- Suspension puts students up to three grades behind their peers
- Suspension = most likely cause of dropout
- Minority Students Internal Link
- Suspensions are racist too.
- Prison-like actions target classes of people, violates equal protection
- Prison to Pipeline Impact
- Impact is 3.5 times more likely to be arrested, 82 percent of prisoners are high school dropouts.
- Dropout Impact – Wellbeing
Suspensions/DropoutsSuspension Link to DropoutsSuspension causes dropout, disproportionately affects those of colorDonna Lieberman, 2007, "The Impact of School Suspensions, and a Demand for Passage of the Student Safety Act," No Publication, http://www.nyclu.org/content/impact-of-school-suspensions-and-demand-passage-of-student-safety-act // ENDI - DY Testimony Of Donna Lieberman On Behalf Of The New York Civil Liberties Union before The New York City Council Committees On Education And Civil Rights Regarding The Impact Of Suspensions On Students’ Education Rights Council Member Jackson and members of the City Council’s Education and Civil Rights Committees: My name is Donna Lieberman, and I appear before you today on behalf of the New York Civil Liberties Union (“NYCLU”) and its 48,000 members statewide. Since 1951, the NYCLU has been the state’s leading advocate on behalf of New Yorkers’ civil rights and civil liberties. In March 2007, the NYCLU released a report on the impact of DOE and NYPD disciplinary and safety policies on the educational environment in the schools. The report examined the origins and the consequences of the city's aggressive policing operation in the schools, and provided analyses of the results of a broad student survey performed by the NYCLU and profiles of individual students whose experiences illuminate the problems with policing in schools. The report included numerous stories of instances in which school and police personnel meted out harsh punishment in situations that should have been resolved through counseling, conflict mediation, and similar supportive methods. The report included an analysis of student suspension practices, and found that the length and duration of student suspensions had increased significantly, under circumstances where school officials were failing to adhere to their obligation to provide suspended students with alternative educational services that were real and meaningful. Students and teachers are entitled to a safe educational environment that is conducive to both teaching and learning. A school’s authority to suspend a student plays an important role in securing such an environment. Yet too often suspensions also serve as a quick fix for student disciplinary problems that demand a more supportive response. In the long term, many student suspensions hamper, rather than improve student safety. Such suspensions impact students long after the suspension has been served. I testify today to urge the City Council to closely examine suspension practices in the city’s public schools and to create mechanisms for greater accountability and oversight of school disciplinary practices, including suspensions. As my testimony will indicate, student suspensions play a pivotal role in perpetuating the “School to Prison Pipeline,” both nationally and in New York City. It is time for the City Council to stem the flow of students into the criminal justice system, and support corrective measures, such as those contained in the Student Safety Act1. Suspensions Perpetuate the School to Prison Pipeline The School to Prison Pipeline describes local, state and federal education and public safety policies that operate to push students out of school and into the criminal justice system. This system disproportionately impacts youth of color and youth with disabilities. Inequities in areas such as school discipline, policing practices, and high-stakes testing contribute to the pipeline. The School to Prison Pipeline operates directly and indirectly. Schools directly send students into the pipeline through zero tolerance policies that involve the police in minor incidents, which too often lead to arrests, juvenile detention referrals, and even incarceration. Schools indirectly push students into the criminal justice system by excluding them from school through suspension, expulsion, discouragement and high stakes testing requirements. Suspensions, often the first stop along the pipeline, play a crucial role in pushing students from the school system and into the criminal justice system. Research shows a clear correlation between suspensions and both low achievement and dropping out of school altogether2. Such research also demonstrates a link between dropping out of school and incarceration later in life. Specifically, students who have been suspended are three times more likely to drop out by the 10th grade than students who have never been suspended3. Dropping out in turn triples the likelihood that a person will be incarcerated later in life4. In fact, in 1997, 68 percent of state prison inmates were school dropouts5. Despite the poor outcomes associated with suspensions, schools across the nation have seen an explosion in the number of suspensions and expulsions, mainly due to zero tolerance policies that rely heavily on harsh disciplinary practices. Originally meant to address only the most serious violent behavior, zero tolerance policies now too often target normal, non-violent behavior, even though schools nationwide continue to benefit from a fourteen year steady decrease in violent and non-violent crime in public schools6. In 2006, the American Psychological Association found that zero tolerance policies have been ineffective in reducing violence in schools and have instead increased disciplinary problems and dropout rates in middle schools and high schools, as well as the number of referrals to the juvenile justice system for minor infractions once handled by educators in the schools7. The report also found that zero tolerance policies have led to an over-representation of students of color in school discipline processes. The national racial disparities in school discipline are indeed profound. Nationwide, black students are 2.6 times more likely to be suspended than white students8. Black students, who make up only 17 percent of the nation’s student population, account for 36 percent of out of school suspensions and 31 percent of expulsions9. This disparity has been on the rise during the recent ascendancy of zero tolerance, with 6 percent of black students and 3 percent of white students being suspended at least once in 1973 compared to 14 percent of blacks and 5 percent of whites in 200310. Black students with learning disabilities are even more vulnerable to both suspension and incarceration. They are three times more likely than white students with learning disabilities to be removed from school and four times more likely to be placed in a correctional institution11. Our nation’s over-reliance on suspensions and other exclusions from school continues to limit the futures of our most vulnerable youth – students of color, low income students, and students with special need Suspension puts students up to three grades behind their peersEMILY ARCIA, may 2006, ACHIEVEMENT AND ENROLLMENT STATUS OF SUSPENDED STUDENTS Outcomes in a Large, Multicultural School District Miami–Dade County Public Schools //ENDI - DY Differences between suspended and nonsuspended students were of practical educational significance. Across grades in Year I, students with 51 or more days in suspensions throughout the 3 years scored, on average, 258 points lower than students without suspensions. In Year III, this group of students, on average, scored 327 points less than the students without suspensions. For all students in the district (suspended and nonsuspended alike), the average differences between fifth- and eighth-grade students and between fifth- and tenth-grade students were 274 and 385 points, respectively. Thus, by scoring 258 points less than nonsuspended students, students with high suspension rates were roughly three grades behind classmates with no suspensions in Year I. Two years later, with an average difference of 327 points, these students were almost five grades behind their classmates. Regardless of a propensity toward disruption, being almost five grades behind classmates can be assumed a recipe for conflict and/or avoidant behavior, particularly among adolescents. Suspension = most likely cause of dropoutSarah Biehl, 3-15-2011, "School Expulsion: A Life Sentence?," No Publication, https://apps.americanbar.org/litigation/committees/childrights/content/articles/spring2011-expulsion-suspension-zero-tolerance.html // ENDI-DY The consequences of relying on removing children from school as a primary tactic to address misbehavior are nothing short of devastating. Prior suspension is more likely to cause a child to drop out of high school than any other factor, including low socioeconomic status, not living with both biological parents, a high number of school changes, and having sex before age 15. Suhyun Suh, Jingyo Suh, & Irene Houston, “Predictors of Categorical At-Risk High School Dropouts,” 85 Journal of Counseling and Development 196, 196–203 (Spring 2007). Students who are expelled from school—that is, removed from school for more than 10 days—are even less likely to graduate from high school. Number one predictorMary Ellen Flannery, 1-5-15, “The School-to-Prison Pipeline: Time to Shut it Down”, http://neatoday.org/2015/01/05/school-prison-pipeline-time-shut/ // ENDI-JM For those students, it isn’t just an interruption in learning, although it’s definitely that, too—if they aren’t in school, they aren’t learning. A suspension can be life altering. It is the number-one predictor— more than poverty—of whether children will drop out of school, and walk down a road that includes greater likelihood of unemployment, reliance on social-welfare programs, and imprisonment. Minority Students Internal LinkSearches are racist.[Harvard Law Review, “Policing Students,” APR 10, 2015, 128 Harv. L. Rev. 1747, http://harvardlawreview.org/2015/04/policing-students/ // ENDI-JM ] The Reasonable Suspicion Standard Interacts Problematically with Criminalized Schools. — As many scholars have described, the burdens of increasingly criminalized public schools fall most heavily on racial minorities, children with disabilities, and children from low-income families. Studies show that racial disparities are largest where the offense — be it a violation of a school rule or a law — requires a subjective determination, that is, something like “Disturbing Schools” rather than weapon possession. That subjective violations are disproportionately enforced against minority students could very well indicate that police in schools are more likely to have their “reasonable suspicion” raised against such students. If police are more likely to view a particular action as disruptive if it is performed by a minority student than if it is performed by a white student, then police may be more likely to view behaviors exhibited by minority students as suspicious, even if no conscious racism is involved. Additionally, minority students are more likely to feel the full weight of student searches’ practical harms because those students are more likely to face criminal charges for anything found incident to those searches. Suspensions are racist too.[Adrienne Green, 8-26-2015, "The Feds Want Schools to Practice Race-Based Discipline—and Teachers Aren't Happy," Atlantic, http://www.theatlantic.com/education/archive/2015/08/teachers-say-no-disparate-impact-discipline/402144/ // ENDI-JM] A growing body of evidence has long revealed discriminatory tendencies in the ways school districts dole out discipline. Black and Latino students are much more likely to be disciplined and suffer greater rates of in- and out-of-school suspensions. Of the 49 million students enrolled in public schools in the 2011-12 school year, close to 7 million were suspended, about half of them out of school. According to the U.S. Department of Education’s Civil Rights Data Collection, black students were suspended and expelled at a rate three times greater than were white students. Loss of Rights ImpactPrison-like actions target classes of people, violates equal protectionKendell L. Coker, 2011, The Application of the Fourth Amendment in the School Context May Create a Safe Learning Environment for Some but Creates the School-to-Prison Pipeline for Others: The Challenges of Inner City School Violence By: http://www.luc.edu/media/lucedu/law/centers/childlaw/childed/pdfs/2011studentpapers/coker_fourth_amendment.pdf // ENDI -DY In T.L.O., Justice White commented, “[T]he difficulty of maintaining discipline in the public schools today…is not so dire…[t]he prisoner and the schoolchild stand in wholly different circumstances.”32 However, it seems as though much has changed since Justice White made this statement in T.L.O. School violence has become so much of a problem that schools have taken drastic measures to protect their students.33 Ironically, the measures taken by school administrators have given some schools a striking resemblance to prison. In what appears to be acts of desperation to combat violence and protect students, school officials have instituted metal detectors and broad searches of weapons. These are sometimes referred to as administrative searches in that the search is aimed at a group or class of people rather than a particular person under the theory that a member of that group or class might pose a threat to safety. 34 The application of these types of searches (typically used at airports, border patrols, DUI checkpoints, jails) to the school context raises an interesting point of irony and makes Justice White’s comment in T.L.O. seemingly a distant memory and a legal fiction. Prison to Pipeline ImpactExposure to searches facilitates pipeline to prisonKendell L. Coker, 2011, The Application of the Fourth Amendment in the School Context May Create a Safe Learning Environment for Some but Creates the School-to-Prison Pipeline for Others: The Challenges of Inner City School Violence By: http://www.luc.edu/media/lucedu/law/centers/childlaw/childed/pdfs/2011studentpapers/coker_fourth_amendment.pdf // ENDI -DY The real dangers of violence in schools, particularly inner city, predominately minority schools, have caused school officials to use “prison-like” search procedures.49 The challenging issue is that students must feel safe in school, but common sense also dictates that it can be psychological distressing for a young child to have to walk through a metal detector to enter school every day. As mentioned earlier, commentators argue that these tactics help facilitate the pipeline to prison. One expert noted that “administering carceral treatment on students, such as subjecting students to search and seizures…and socializing students into acting defiantly through exposure to carceral school environments and treatment.”50 Chauncee D. Smith, 2009, DECONSTRUCTING THE PIPELINE: EVALUATING SCHOOL-TO-PRISON PIPELINE EQUAL PROTECTION CASES THROUGH A STRUCTURAL RACISM FRAMEWORK, file:///Users/drewyoung/Downloads/SSRN-id2267133.pdf //ENDI - DY Criminalization refers to a contemporary symbiotic relationship between educational and carceral methods that makes schools function like penal institutions aiming to control and punish, rather than educate, students. Criminalization arguments put forth by anti-pipeline advocates generally fall within three categories:120 (1) redefining age-appropriate adolescent behavior as deviant penal conduct warranting suspension, expulsion, or incarceration;121 (2) administering carceral treatment on students, such as subjecting students to searches and seizures by police personnel and dogs;' 2 2 and (3) socializing students into acting defiantly through exposure to carceral school environments and treatment.1 23 The pipeline's sorting dimension encompasses policies and practices that stratify students into social hierarchies which determine their chances of being pushed out of school and incarcerated. 124 At a macro level, students are sorted through housing policies and practices that result in racially segregated communities, schools, and districts. 125 Macro-sorting contributes to the pipeline by locating students of color in underachieving schools that entail disproportionately high pushout and incarceration rates. Students are also stratified at a micro-level through education policies and practices, such as standardized testing and tracking, that racially segregate students within schools. 126 Micro-sorting contributes to the pipeline by dispropor- 120. To be sure, however, this Note's discussion of criminalization is not all-inclusive. Rather, this Note categorizes three prominent types of criminalization arguments in order to explain what criminalization is, and how criminalization is a prominent pipeline dimension. 121. Hirshfield, supra note 38, at 80. 122. See id; Noguera, supra note 7, at 342 ("Disciplinary practices in schools often bear a striking similarity to strategies used to punish adults in society."). 123. "A large body of research has shown that ... exclusion[ary] practices can create a self-fulfilling prophesy and result in a cycle of antisocial behavior that can be difficult to break." Noguera, supra note 7, at 343. Criminalizing students, or treating them like they are "[d]efiant, maladjusted, and difficult to deal with ... [makes students] more likely to internalize these labels and act out in ways that match the expectations that have been set for them .... Id. at 342-43. 124. See id. at 345-47. 125. See Daria Roithmayr, Locked in Segregation, 12 VA. J. Soc. POL'Y & L. 197, 198- 200 (2004). 126. See Christopher Jencks, Racial Bias in Testing, in THE BLACK-WHrrE TEST SCORE GAP 55, 55-56 (Christopher Jencks & Meredith Phillips eds., 1998) (explaining that racial biases in standardized testing negatively impact minority students); JEANNIE OAKEs, KEEP- 2009] 1027 HeinOnline -- 36 Fordham Urb. L.J. 1027 2009 FORDHAM URB. L.J. tionately placing minority students into underachieving classes that stimulate antisocial behavior and entail disparate pushout and incarceration rates. 127 The pipeline's economic policy dimension refers to education finance policies that lead to racially disparate, and often inadequate, public school funding. Racially inequitable funding places minority students on the blighted side of an uneven playing field by inhibiting their access to resources necessary for academic progression. 128 For example, numerous education and legal experts acknowledge that financing public education through local property taxes results in property-poor school districts-in which minority students disproportionately reside-having far less money, and thus resources, than districts located in affluent communities.'129 B. The School-to-Prison Pipeline's Criminalizing Dimension The overuse of zero-tolerance policies is, perhaps, the chief example of criminalization.1 30 Zero-tolerance policies are measures that mandate predetermined punishment for designated student behaviors with little room for discretionary evaluation by school officials. 131 The growth of zerotolerance policies stems from the Gun Free Schools Act of 1994,132 a school safety law that declared zero tolerance for weapons in public schools. 133 Since 1994, however, school districts have expanded zerotolerance policies far beyond weapons prohibitions. 1 34 Zero-tolerance policies are now applied to traditional age-appropriate adolescent conduct through the prescription of suspension or expulsion for actions "such as tardiness, class absences, disrespect, and noncompliance."' 135 Despite this expansion, research shows that zero-tolerance policies do not improve Arrest ImpactImpact is 3.5 times more likely to be arrested, 82 percent of prisoners are high school dropouts.Sarah Biehl, 3-15-2011, "School Expulsion: A Life Sentence?," No Publication, https://apps.americanbar.org/litigation/committees/childrights/content/articles/spring2011-expulsion-suspension-zero-tolerance.html //ENDI- DY The consequences of not graduating from high school, of course, are severe. Children who do not finish high school are 3.5 times more likely to be arrested as adults. Additionally, approximately 82 percent of the adult prison population is composed of high-school dropouts. Coalition for Juvenile Justice, Abandoned in the Back Row: New Lessons in Education and Delinquency Prevention (2001). Children who do not finish high school are much more likely than high-school graduates to be and remain unemployed and to earn less money if they do gain employment. Id. Additionally, school dropouts are much more likely to receive public assistance. See National Center for Education Statistics, Dropout Rates in the United States: 2000. These trends are bad for the children and families who are directly affected by them, helping to further entrench intergenerational poverty and marginalization and effectively cutting off children’s hopes for successful futures as productive adults. They are also destructive for communities as a whole because large numbers of uneducated young people who are more likely to commit crime put all of us at a greater risk of becoming victims of crime, in addition to the fact that young people who are and remain unemployed do not build strong, self-sustainable communities as adults. Bob Herbert of the New York Times has reported that the number of “disconnected youth”—young people between the ages of 16 and 24 who are neither in school nor working—is at least four million nationwide and growing. Bob Herbert, “Out of Sight,” N.Y. Times, June 10, 2008. (Note that this article and the four million disconnected youth statistic were published in 2008, before the worst of the recent recession had hit families.) Dropout Impact – WellbeingDropouts hurt people’s well being[Marcella Dianda, “Preventing Future High School Dropouts An Advocacy and Action Guide for NEA State and Local Affiliates”, http://www.nea.org/assets/docs/HE/dropoutguide1108.pdf // ENDI-JM] Dropouts Earn Less and Contribute Fewer Tax Dollars to the Economy. The lifetime income difference between high school graduates and dropouts is estimated to be $260,000; the difference in lifetime income tax payments is $60,000. The combined lifetime earning losses of one group of 18-year-olds that never completes high school (about 600,000 students) is $156 billion or 1.3 percent of Gross Domestic Product. If the U.S. could cut the number of high school dropouts in a single cohort of 20-year-olds (approximately 700,000 individuals) in half, the country would gain $45 billion through extra tax revenue and reduced public health, crime and justice, and welfare payment costs—and the $45 billion would accrue for each successive cohort of 20-year-olds. Dropouts Have Increased Health Costs. Conservatively, each and every cohort of high school dropouts (based on 600,000 students) represents $23 billion in public health costs and $110 billion in forfeited health and longevity. Compared to high school graduates, dropouts are more likely to suffer from illness or disability and to die prematurely from cardiovascular disease, cancer, infection, injury, and diabetes. If half of the 600,000 students who drop out each year graduated from high school, the lifetime savings in health costs would be $11,700,000. 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