The Need to Combat The School-to-prison Pipeline Trend in The U.s

Introduction

Two million children are arrested in the U.S. every year and about 95 percent of those arrests are for non-violent crimes (Mimms, 2014). Among them, African American youth are five times more likely than their white counterparts to be detained (Micahels, 2017), and children with disabilities make up about 32 percent of youth in juvenile detention centers (Elias, 2013). These disturbing statistics shed light on a national trend known as the school-to-prison pipeline, wherein children are funneled out of schools and into the juvenile and criminal justice systems. This crisis is currently, what I identify as one of the United States’ most grave, ongoing injustices. This mini-analysis will utilize Bardach’s (2012) “The Eightfold Path” to explore the root of this widespread issue, investigate the nation’s lack of success in gaining approval for putting policies in place for the protection and betterment of America’s students, and to assess what solutions might best benefit communities across the country.

Definition of the Problem

Suspension rates in the U.S. have nearly doubled from an average of 1.7 million per year in 1974 to about 3.1 million as of the year 2000 (Indicator 15: Retention, Suspension, and Expulsion, 2019). Racial minority students, namely African American children, are most dramatically affected. According to a national study by the U.S. Department of Education Office for Civil Rights, African American pupils are 3.5 times more expected to be suspended or expelled than their white counterparts (Elias, 2013). In an examination of the government report done by Daniel J. Losen, director of the Center for Civil Rights Remedies of the Civil Rights Project at UCLA, it was inferred that black children make up about 18 percent of the school populations and yet report for forty-six percent of those suspended more than once; furthermore, 1 in 4 black children in public school systems have been identified as having disabilities, which affect their skill to learn, are suspended at least once, though only 1 in 11 white students are penalized for similar actions or behaviors (Elias, 2013).

Administrators began developing more “zero -tolerance policies” for behavioral issues adversely resulting in stronger police presence in schools. The existence of actual police, known as Security Resource Officers (SROs), has increased by more than 38 percent since 1997 and has since led to more arrests for minor infractions as the disciplinary solution rather than counseling, detention, and ultimately even suspension (U.S. Department of Justice). When an SRO refers a student to juvenile court as a form of discipline, they are essentially turning that student over to the juvenile justice system, thus making it easier for the student to earn a juvenile criminal record. Second offenses are likely to be punished far more harshly than the first offense landing the students in jail for years, during which they miss consecutive years of school, in many cases; in addition to spending extended periods of time away from family and home, they encounter life-altering traumatic experiences at such a young age (Mimms, 2014). As high as sixty-six percent of youths detained in the juvenile prison system never return to school and are much more likely to end up in the criminal justice system as adults, where they are then exposed to more dangerous offenders.

Evidence

The U.S. Department of Education composed statistics from all public school districts most recently during the 2013-2014 school year that revealed black preschool students were 3.6 times more likely to receive out of school suspensions (than their counterparts), and that black girls were just as susceptible to higher suspensions rates as black boys (Quinlin, 2016).

In addition to the race factor, students who are served by the Individuals with Disabilities Education Act were twice as likely to receive out-of-school suspensions. Secretary of Education John King told reporters that minority students----including students of color, immigrant students----and students with learning disabilities, are at a gross disadvantage in education. “We all lose out in multiple ways. We lose out economically because people who are poorly educated earn less, pay less in taxes and need more services. They will also be more likely end up in prison,” King said. As it turns out, King was correct in that high suspension rates carry very high economic costs in the long-term. The University of California, Los Angeles Civil Rights Project released a report revealing that the cost of these suspensions was 35 billion dollars in lost taxpayer revenue for the cost of keeping people in prison and paying for health care, since students who get suspended are more likely to drop out of school, earn less money, and get involved in the criminal justice system (Quinlan, 2016).

Though increasing the police presence in schools was intended as a means to discourage more mass school shootings, not only is there little evidence that the decision has been effective, it has also proven to be a more expensive option as well as more harmful to students. In just the first six months after the deadly Parkland shooting, state legislatures in 26 states allocated nearly 950 million dollars for security upgrades and school resource officers. One Florida county voted to nearly triple the number of school resource officers, or SROs, at an additional cost of almost 4 million dollars (Thurau and Wald, 2019). NEA Today’s Cindy Long conducted an interview with Byron E. Price, Ph.D., Dean of the School of Business and professor of public administration at Medgar Evers College of the City University of New York, on stemming the flow of the school-to-prison pipeline:

Long: Many schools already have the trappings of a prison—armed guards, metal detectors, high fences surrounding the grounds. How does this increase the flow of the school-to-prison-pipeline?

Price: “More officer’s leads to more criminalized students in the pipeline. A 2005 DOJ study found that children are far more likely to be arrested at school than they were a generation ago. The U.S. Department of Education found that more than 70 percent of students arrested in school-related incidents or referred to law enforcement are Black or Hispanic.

The presence of armed guards and other concomitant accessories leads to an over policing of students that abridges student rights and creates a climate of fear. It turns every disciplinary incident into a criminal incident” (2013).

Alternatives

One of the most popular proposed alternatives to out-of-school suspensions is what is known as restorative justice. Restorative justice is defined as, the main aim to get students with a history of behavioral issues to take responsibility for their actions with the help of available counselors, mentors, and psychologists. A 2016 study of pretensive data, from Denver Public Schools found restorative practices offered to students in one semester, were associated with reductions in suspensions during the following semester (Loveless, 2017). American Civil Liberties Union (ACLU) findings report that for many students, the pipeline begins with lack of supportive resources within schools and classrooms. The organization suggests that the public-school system fails its students by its lack of qualified faculty available for teaching, safety, and counsel; overcrowded classrooms, and insufficient funding for special education services and texts (2020).

In addition to restorative justice, eliminating pre-school suspensions and suspension expungement options for schools and school districts could lead to lower suspension rates and even have an impact on secondary education options for students who may otherwise be impacted by their middle school and high-school disciplinary records. Research shows that the school-to-prison-pipeline is heavily based on overall suspension rates throughout levels of education. These two alternatives could have primary and secondary impacts on students, communities and the overall education experience. Policy makers at any level of administration or government could remove pre-school suspensions from the table completely.

Senator Robert Casey of Pennsylvania and State Representative Tony Cardenas of California have been working together to overturn the juvenile justice system in the U.S., arguing that there are much better solutions for non-violent offenders. Each lawmaker has been dedicating focus to developing legislation to be introduced in their respective districts in support of more cost-effective solutions, that they believe also reduce the percentage of repeat offenders. Cardenas states:

“The cost differential is incredible. For example, the average in the country to incarcerate a child in the juvenile facilities is $88,000 a year, that is the average. But, the average prevention program that they could remanded might cost as little as $2,500 a year and at the most expensive, it is about $20,000…The real kicker is, when we rehabilitate kids, what happens is we end up having seven out of 10 who do not recidivate. In other words, they do not commit another crime,they do not create victims, they are not in front of a judge—seven out of 10. Buts when we just incarcerate…seven out of 10 times we are going to have a kid who is going to be back in front of a judge and eventually back in jail” (Mimms, 2014).

A current lawmaker in the Pennsylvania State House has explored amending the Public School Code to allow for expungement of suspension from student disciplinary records. The legislative proposal came after Unionville-Chadds Ford School District in Pennsylvania made changes to their suspension policy allowing a rescission petition process for first offenders, with much success (Cephas, 2019). While it would not be mandatory for schools to expunge student records, it would give them the ability to do so and create some sort of process by which to follow in order to see it through. This alternative not only would impact school suspension rates, but make room for students to have increased access to post-secondary education, further diverting them from the school to prison pipeline and setting them up for long-term success. “The noted success of the Unionville-Chaddsford School District shows us that the time is now, to promote and support efforts that move toward a system of evidence based alternatives to minimize the use of exclusionary discipline while working to maximize our children’s school-based educational and learning experiences for a successful future” (Cephas, 2019).

According to an analysis of federal data for the nonprofit organization Child Trends, by 2016 students were less likely to be suspended as a disciplinary solution than in 2012. Though there has been progress, racial gaps still remain at large. The U.S. Department of Education issued guidance on how to remedy discriminatory discipline, and in response public school districts across the nation revised their laws to reduce suspensions. Child Trends analyzed the Federal Civil Rights Data Collection, which consists of reports from every public school in the nation over the course of three different school years from 2011-2016 and they found that the revisions to the laws were indeed successful in the reduction of unnecessary suspensions and expulsions. (Kamenetz, 2018)

The documented changes between 2012 and 2016 were:

1. The proportion of all students suspended from school at least once during the year fell from 5.6 percent to 4.7 percent.
2. Among high school students, the percentage suspended fell even more, from 9.6 to 7.6 percent.
3. Suspension rates fell around the country, in each of the biggest-population states. Only one state, Mississippi, saw a persistent increase year by year.
4. Hispanic students experienced the largest decrease — a 30 percent drop in suspensions.
5. Suspension rates fell faster for those most often suspended — Black students and students with a disability.

However, on the flipside, African American students were still twice as likely to be suspended than white or Hispanic students by 12.8 percent, and students with learning or behavioral disabilities were still twice as likely to be suspended than students without those issues (Kamenetz, 2018). The director of policy development for the nonprofit Child Trends Kristen Harper wisely reminds the nation that the need for federal leadership support is still continuing.

What must also be considered with some of the offered alternatives is the cost to provide in-school supports and ongoing training for teachers and administrators. All will have to be well versed on whatever evidence-based practices are utilized and additional in-school support will be necessary to provide programming and services that can help lower school suspension rates and improve student behavior and conflict resolution. Though some of these components may seem costly up-front policy makers and implementers must ne sure to examine long-term cost and return on investment.

Conclusion

Unfortunately, there are not many policies currently in place to combat the school-to-prison pipeline trend in the U.S. However, this policy analysis utilized the stages of Bardach’s (2012) Eightfold Path to introduce and examine alternatives that could prove beneficial for both student development and cost-effectiveness. At this point in time, our legislation is currently proposing policies that would specifically allow districts to develop their own criteria for expungement eligibility to create opportunities for students to have better alternatives for character development, allowing them equal opportunities to further their education unhindered, and most pressingly, to provide them with the necessary resources to keep them free of the juvenile and criminal justice systems and steer them towards pathways for success. At this point, many alternatives are better than continuously placing our children in a system that we know is structured to funnel them from the classroom to the jail cell.