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Volumn 44, Issue 2, 2009, Pages 581-596

Separate and unequal: The disparate impact of school-based referrals to juvenile court

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EID: 70049090804     PISSN: 00178039     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Note
Times cited : (12)

References (139)
  • 1
    • 70049090738 scopus 로고    scopus 로고
    • You've Come a Long Way Baby: Two Waves of Juvenile Justice Reforms as Seen from Jena, Louisiana
    • Sara Sun Beale, You've Come a Long Way Baby: Two Waves of Juvenile Justice Reforms as Seen from Jena, Louisiana, 44 Harv. C.R.-C.L. L. Rev. 511 (2009).
    • (2009) 44 Harv. C.R.-C.L.L. Rev. , pp. 511
    • Beale, S.S.1
  • 2
    • 70049090738 scopus 로고    scopus 로고
    • You've Come a Long Way Baby: Two Waves of Juvenile Justice Reforms as Seen from Jena, Louisiana
    • Id
    • Id. at 514.
    • 44 Harv. C.R.-C.L.L. Rev. , pp. 514
  • 3
    • 70049090738 scopus 로고    scopus 로고
    • You've Come a Long Way Baby: Two Waves of Juvenile Justice Reforms as Seen from Jena, Louisiana
    • Id
    • Id. at 544-545
    • 44 Harv. C.R.-C.L.L. Rev. , pp. 544-545
  • 4
    • 70049095817 scopus 로고    scopus 로고
    • Reforming the Discipline Management Process in Schools: An Alternative Approach to Zero Tolerance
    • L. T. Kajs, Reforming the Discipline Management Process in Schools: An Alternative Approach to Zero Tolerance, 29 Educ. Res. Q. 16, 17 (2006).
    • (2006) 29 Educ. Res. Q. , vol.16 , pp. 17
    • Kajs, L.T.1
  • 5
    • 70049103224 scopus 로고    scopus 로고
    • Beale, supra note 1, at 521-523
    • Beale, supra note 1, at 521-523
  • 7
    • 70049090381 scopus 로고    scopus 로고
    • The school to prison pipeline is the most common characterization, but it is also often described as the schoolhouse to jailhouse track, the schoolhouse to jailhouse pipeline, and the cradle to prison pipeline.
    • The school to prison pipeline is the most common characterization, but it is also often described as the schoolhouse to jailhouse track, the schoolhouse to jailhouse pipeline, and the cradle to prison pipeline.
  • 9
    • 84869611329 scopus 로고    scopus 로고
    • available at, Children's Defense Fund
    • Children's Defense Fund, Cradle to Prison Pipeline Report (2007), available at http://www.childrensdefense.org/child-research-data-publications/ data/cradle- prison-pipeline-report-2007-full-highres.pdf.
    • (2007) Cradle to Prison Pipeline Report
  • 10
    • 84869624115 scopus 로고    scopus 로고
    • NAACP Legal Defense Educational Fund Inc.
    • See NAACP Legal Defense and Educational Fund, Inc., Dismantling the School-to-Prison Pipeline 2 (2005), available at http://www.naacpldf.org/ content/pdf/pipe-line/Dismantling-the-School-to-Prison-Pipeline.pdf.
    • (2005) Dismantling the School-to-Prison Pipeline , vol.2
  • 11
    • 84896291276 scopus 로고    scopus 로고
    • Challenging Zero Tolerance: Federal and State Legal Remedies for Students of Color
    • Because school-based referrals to the juvenile court system represent such an important entry point to the prison system, the methods through which students are referred are incredibly important. In this context, an explicit focus on reducing racial disparities is essential, C1. Witt reports " 'Most suburban schools, where the students are more likely to be white, purchase security equipment that is meant to protect children-for example, hand scanners that make sure that the parent/guardian picking up the child is legitimate,' said Ronnie Casella, an expert on the criminalization of student behavior at Central Connecticut State University. 'In contrast, urban schools choose equipment such as metal detectors and surveillance cameras that are meant to catch youths committing crimes.'"
    • Because school-based referrals to the juvenile court system represent such an important entry point to the prison system, the methods through which students are referred are incredibly important. In this context, an explicit focus on reducing racial disparities is essential. See Adira Siman, Note, Challenging Zero Tolerance: Federal and State Legal Remedies for Students of Color, 14 CORNELL J.L. & PUB. POL'Y 327, 329 (2005) C1. Witt reports " 'Most suburban schools, where the students are more likely to be white, purchase security equipment that is meant to protect children-for example, hand scanners that make sure that the parent/guardian picking up the child is legitimate,' said Ronnie Casella, an expert on the criminalization of student behavior at Central Connecticut State University. 'In contrast, urban schools choose equipment such as metal detectors and surveillance cameras that are meant to catch youths committing crimes.'"
    • (2005) 14 Cornell J.L. and Pub. Pol'y , vol.327 , pp. 329
    • Siman, A.1
  • 13
    • 70049086388 scopus 로고    scopus 로고
    • stating that in 2005, 68% of students around the nation between ages twelve and eighteen reported the presence of security guards and/or assigned police officers around their campuses
    • see also Bureau of Justice Statistics, U.S. Dept of Justice, Indicators of School Crime and Safety 60-61 (2007) (stating that in 2005, 68% of students around the nation between ages twelve and eighteen reported the presence of security guards and/or assigned police officers around their campuses).
    • (2007) Bureau of Justice Statistics, U.S. Dept of Justice, Indicators of School Crime and Safety , pp. 60-61
  • 14
    • 84869628027 scopus 로고    scopus 로고
    • See, May 13, noting that legislators continued to advocate for harsh disciplinary laws under the guise of an increase in young career criminals despite publicly available Justice Department statistics proving that juvenile crime had actually decreased
    • See Vincent Schiraldi & Mark Kappelhoff, Where Have the "Superpredators" Cone?, Salon, 1997, http://www.salon.com/may97/news/ news970513.html (noting that legislators continued to advocate for harsh disciplinary laws under the guise of an increase in young career criminals despite publicly available Justice Department statistics proving that juvenile crime had actually decreased).
    • (1997) Where Have the "superpredators" Cone?, Salon
    • Schiraldi, V.1    Kappelhoff, M.2
  • 15
    • 70049104685 scopus 로고    scopus 로고
    • The most high-profile school shootings include the following (all of which were committed by white students): March 24, 1998, in Jonesboro, Arkansas, where Mitchell Johnson and Andrew Golden killed five people and injured ten; May 21, 1998, in Springfield, Oregon, where Kip Kinkel killed two teenagers and his parents and injured more than twenty; April 20, 1999, in Littleton, Colorado, where Eric Harris and Dylan Klebold killed twelve people and injured twenty-six. See Country's Worst Mass Shootings, The Star-Ledger, Mar. 12
    • The most high-profile school shootings include the following (all of which were committed by white students): March 24, 1998, in Jonesboro, Arkansas, where Mitchell Johnson and Andrew Golden killed five people and injured ten; May 21, 1998, in Springfield, Oregon, where Kip Kinkel killed two teenagers and his parents and injured more than twenty; April 20, 1999, in Littleton, Colorado, where Eric Harris and Dylan Klebold killed twelve people and injured twenty-six. See Country's Worst Mass Shootings, The Star-Ledger, Mar. 12, 2009, at 7.
    • (2009) Country's Worst Mass Shootings, the Star-Ledger , pp. 7
  • 16
    • 26444585241 scopus 로고    scopus 로고
    • The politics of race and juvenile justice: The due process revolution and the conservative reaction
    • 14 See Barry C. Feld, The Politics of Race and Juvenile Justice: The "Due Process Revolution " and the Conservative Reaction, 20 JUST. Q. 765, 782 (2003).
    • (2003) 20 Just. Q. , vol.765 , pp. 782
    • Feld, B.C.1
  • 18
    • 84869601922 scopus 로고    scopus 로고
    • (finding that the students attending high schools in New York City with metal detectors and significant policing are "disproportionately poor, Black, and Latino compared to citywide averages").
    • New York Civil Liberties Union, Criminalizing the Classroom, the Over-Policing of New York City Schools 20 (2007), available at http://www.nyclu.org/files/criminal-izing-the-classroom-report.pdf (finding that the students attending high schools in New York City with metal detectors and significant policing are "disproportionately poor, Black, and Latino compared to citywide averages").
    • (2007) New York Civil Liberties Union, Criminalizing the Classroom, the Over-Policing of New York City Schools , vol.20
  • 20
    • 84869627881 scopus 로고    scopus 로고
    • For example, one kindergartner from Avon Park, Florida, was arrested and handcuffed after school officials called police when she threw a tantrum involving kicking and scratching in class. Police charged her with a felony and two misdemeanors, (last visited Mar. 26, 2009).
    • For example, one kindergartner from Avon Park, Florida, was arrested and handcuffed after school officials called police when she threw a tantrum involving kicking and scratching in class. Police charged her with a felony and two misdemeanors. Kindergarten Girl Hand-cuffed, Arrested at Fla. School, WFTV, Mar. 30, 2007, http://www.wftv.eom/news/l1455199/detail.html (last visited Mar. 26, 2009).
    • (2007) Kindergarten Girl Hand-cuffed, Arrested at Fla. School, WFTV
  • 22
    • 84869613703 scopus 로고    scopus 로고
    • available at, finding that felony referrals from schools remained constant
    • Neelum Arya & Ian Augarten, Critical Condition: African-American Youth in the Justice System 33 (2008), available at http://www.njjn.org/media/ resources/public/ resource-852.pdf (finding that felony referrals from schools remained constant).
    • (2008) Ian Augarten Critical Condition: African-American Youth in the Justice System , pp. 33
    • Arya, N.1
  • 23
    • 70049084915 scopus 로고    scopus 로고
    • Sherrod, et al., supra note 19, at A23 (summarizing the results of School Offense Protocol in Clayton County, Georgia).
    • Sherrod, et al., supra note 19, at A23 (summarizing the results of School Offense Protocol in Clayton County, Georgia).
  • 24
  • 25
    • 77954200167 scopus 로고    scopus 로고
    • Id. at, (noting that African American and Latino students are 70% more likely to be disciplined-suspended, expelled, or referred-than their white peers).
    • Id. at 23 (noting that African American and Latino students are 70% more likely to be disciplined-suspended, expelled, or referred-than their white peers).
    • Advancement Project , pp. 23
  • 28
    • 84869605863 scopus 로고    scopus 로고
    • Cultural conflicts in the urban classroom: Black student alienation and academic failure
    • Cf. Demographers predict that by the year 2010, school-age students of color will represent approximately 40% of the public school population, whereas only 12% of the teachers in America's classrooms are minorities."
    • 26 Cf. Mildred L. Rice Jordan, Cultural Conflicts in the Urban Classroom: Black Student Alienation and Academic Failure, Educators for Urban Minorities, Fall 2001, at 5 ("Demographers predict that by the year 2010, school-age students of color will represent approximately 40% of the public school population, whereas only 12% of the teachers in America's classrooms are minorities.").
    • (2001) Educators for Urban Minorities, Fall , pp. 5
    • Mildred, L.1    Jordan, R.2
  • 29
    • 84869603450 scopus 로고    scopus 로고
    • supra note 14,(noting how most whites' knowledge of African Americans is derived from negative stereotypes of African Americans reinforced by the media, forming a "perceptual screen that admits supporting evidence and blocks contradictory data")
    • See Feld, supra note 14, at 782-86 (noting how most whites' knowledge of African Americans is derived from negative stereotypes of African Americans reinforced by the media, forming a "perceptual screen that admits supporting evidence and blocks contradictory data")
    • Feld , pp. 782-786
  • 30
    • 70049098713 scopus 로고    scopus 로고
    • Apr. 10,[T]wo distinct cultures are bumping up against one another, forming an invisible wall that stands in the way of learning and communication
    • Debra Viadero, Culture Clash, Educ. Week, Apr. 10, 1996, at 42 [T]wo distinct cultures are bumping up against one another, forming an invisible wall that stands in the way of learning and communication.").
    • (1996) Culture Clash, Educ. Week , pp. 42
    • Viadero, D.1
  • 31
    • 70049116607 scopus 로고    scopus 로고
    • supra note 14, at
    • 28 See Feld, supra note 14, at 785-786.
    • Feld , pp. 785-786
  • 33
    • 84869623721 scopus 로고    scopus 로고
    • School shootings: Metal detectors suggested
    • Mar. 12, (noting that school safety experts recommend against installing metal detectors in schools, claiming that "the practice does not work and can lead to complacency and inconsistencies in application")
    • See, e.g., Lisa Kim Bach, School Shootings: Metal Detectors Suggested, Las Vegas Rev. J., Mar. 12, 2008, at IB, available at http://www.lvrj.com/news/ 16591341.html (noting that school safety experts recommend against installing metal detectors in schools, claiming that "the practice does not work and can lead to complacency and inconsistencies in application")
    • (2008) Las Vegas Rev. J.
    • Bach, L.K.1
  • 34
    • 84869619965 scopus 로고    scopus 로고
    • Oct. 3, (noting that in 2004, the U.S. Secret Service and the U.S. Department of Education conducted a detailed study of school shootings indicating that metal detectors were insufficient).
    • Bill Dedman, Does Every School Need a Metal Detector? Experts Say Schools Rely Too Much on Physical Security, MSNBC.com, Oct. 3, 2006, http://www.msnbc.msn.com/id/15111439 (noting that in 2004, the U.S. Secret Service and the U.S. Department of Education conducted a detailed study of school shootings indicating that metal detectors were insufficient).
    • (2006) Does Every School Need A Metal Detector? Experts Say Schools Rely Too Much on Physical Security
    • Dedman, B.1
  • 35
    • 84869605390 scopus 로고    scopus 로고
    • American Bar Ass'n, last visited Mar. 19, citation omitted
    • Ralph C. Martin, II, American Bar Ass'n, Zero Tolerance Policy Report, http://www.abanet.org/crimjust/juvjus/zerotolreport.html (last visited Mar. 19, 2009) (citation omitted)
    • (2009) Zero Tolerance Policy Report
    • Martin, I.I.R.C.1
  • 36
    • 70049090003 scopus 로고    scopus 로고
    • see also, supra note 30.
    • see also Dedman, supra note 30.
    • Dedman
  • 37
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    • Zeroing in on Zero Tolerance
    • Note
    • See Joan M. Wasser, Note, Zeroing in on Zero Tolerance, 15 J.L. & Pol. 747, 748 (1999).
    • (1999) 15 J.L. and Pol. , vol.747 , pp. 748
    • Wasser, J.M.1
  • 38
    • 70049083395 scopus 로고    scopus 로고
    • Discipline's Cost: Thousands of Md. Students are Suspended Each Year, Often Those Who Most Need to Be in Class
    • May 11
    • Liz Bowie, Discipline's Cost: Thousands of Md. Students are Suspended Each Year, Often Those Who Most Need to Be in Class, Balt. Sun, May 11, 2008, at 1A.
    • (2008) Balt. Sun
    • Bowie, L.1
  • 40
    • 70049102124 scopus 로고    scopus 로고
    • Terry Keleher, Program Director, ERASE Initiative, Applied Research Center, Racial Disparities Related to School Zero Tolerance Policies, Testimony to the U.S. Commission on Civil Rights (Feb. 18, 2000) (highlighting racial disparities relating to school discipline and zero tolerance and generally recommending against zero tolerance policies in favor of a more flexible approach to serious discipline problems).
    • Terry Keleher, Program Director, ERASE Initiative, Applied Research Center, Racial Disparities Related to School Zero Tolerance Policies, Testimony to the U.S. Commission on Civil Rights (Feb. 18, 2000) (highlighting racial disparities relating to school discipline and zero tolerance and generally recommending against zero tolerance policies in favor of a more flexible approach to serious discipline problems).
  • 41
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    • See generally Advancement Project, supra note 8
    • See generally Advancement Project, supra note 8.
  • 42
    • 84869617567 scopus 로고    scopus 로고
    • 20 U.S.C. §7101 (2006)
    • 20 U.S.C. §7101 (2006).
  • 43
    • 84869617568 scopus 로고    scopus 로고
    • 20 U.S.C. § 7151(a) (2006)
    • 20 U.S.C. § 7151(a) (2006).
  • 44
    • 84869617569 scopus 로고    scopus 로고
    • 20 U.S.C. § 7151(b)(1) (2006). The Act did permit school superintendents to modify the expulsion requirement "on a case-by-case basis if such modification is in writing."
    • 20 U.S.C. § 7151(b)(1) (2006). The Act did permit school superintendents to modify the expulsion requirement "on a case-by-case basis if such modification is in writing."
  • 45
    • 84869608547 scopus 로고    scopus 로고
    • Zero Tolerance-Further Readings
    • last visited Mar. 19
    • Zero Tolerance-Further Readings, 10 American Law Encyclopedia, http://law.jrank.org/pages/11439/Zero-Tolerance.html (last visited Mar. 19, 2009).
    • (2009) 10 American Law Encyclopedia
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    • Zero-tolerance injustices multiplying, critics say: A backlash in the u.s.
    • Feb. 14, available at
    • Brian Knowlton, Zero-Tolerance Injustices Multiplying, Critics Say: A Backlash in the U.S., Int'l Herald Trib., Feb. 14, 2000, at 13, available at http://www.iht.com/articles/2000/ 02/14/rlash.2.t.php.
    • (2000) Int'l Herald Trib. , pp. 13
    • Knowlton, B.1
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    • Zero-tolerance injustices multiplying, critics say: A backlash in the u.s.
    • Id.
    • (2000) Int'l Herald Trib. , pp. 13
  • 48
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    • Martin, supra note 31
    • Martin, supra note 31.
  • 49
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    • Zero-tolerance injustices multiplying, critics say: A backlash in the u.s.
    • Id.
    • Int'l Herald Trib.
  • 51
    • 70049094556 scopus 로고    scopus 로고
    • supra note 33, at
    • APA Report, supra note 33, at 23-24.
    • Apa Report , pp. 23-24
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    • Zero tolerance policies: An issue brief
    • (Va. Dep't of Educ, Richmond, Va.), Nov., available at, (citing Zero Tolerance: Resisting the Drive for Punishment in Our Schools (William Ayers, Rick Ayers & Ber- nardine Dohrn eds., 2001))
    • See Anne J. Atkinson, Zero Tolerance Policies: An Issue Brief, Policy Release (Va. Dep't of Educ, Richmond, Va.), Nov. 2005, available at http://www.ednews.org/articles/1609/1/ZERO-TOLERANCE-POLICIES-AN-ISSUE-BRIEF/ Page l.html (citing Zero Tolerance: Resisting the Drive for Punishment in Our Schools (William Ayers, Rick Ayers & Ber- nardine Dohrn eds., 2001)).
    • (2005) Policy Release
    • Atkinson, A.J.1
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    • See Beale, supra note I, at 524
    • See Beale, supra note I, at 524.
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    • U.S. Dept of Justice, Disproportionate Minority Confinement: A Review of the Research Literature From 1989 Through 2001, available at
    • see also Carl E. Pope, Rick Lovell & Heidi M. Hsia, Office of Juvenile Justice and Delinquency Prevention, U.S. Dept of Justice, Disproportionate Minority Confinement: A Review of the Research Literature From 1989 Through 2001, at 5 (2002) available at http://www.ojjdp.ncjrs.org/dmc/pdf/ dmc89-01.pdf.
    • (2002) Office of Juvenile Justice and Delinquency Prevention , pp. 5
    • Pope, C.E.1    Lovell, R.2    Hsia, H.M.3
  • 58
    • 84869626476 scopus 로고    scopus 로고
    • American Civil Liberties Union, last visited Mar. 19
    • American Civil Liberties Union, Talking Points: The School-To-Prison Pipeline, http://www.aclu.org/images/asset-upload-file590-35554.pdf, at 2 (last visited Mar. 19, 2009)
    • (2009) Talking Points: The School-To-Prison Pipeline , pp. 2
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    • see also NAACP, supra note 8, at 8; Nov. 17
    • see also NAACP, supra note 8, at 8; Associated Press, ACLU Says Minority Students Arrested More, nydailynews.com, Nov. 17, 2008, http://www.nydailynews. com/Iatino/2008/ll/17/2008-11-17-aclu-says-minority-students-arrested-mor.html.
    • (2008) ACLU Says Minority Students Arrested More
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    • 70049113434 scopus 로고    scopus 로고
    • SKIBA ET AL. supra note 6, at 13. The authors also noted that these infractions are more subjective than other offenses.
    • SKIBA ET AL., supra note 6, at 13. The authors also noted that these infractions are more subjective than other offenses.
  • 61
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    • Yamagata & Jones, supra note 48, at 3
    • Yamagata & Jones, supra note 48, at 3.
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    • see also Associated Press supra note 49
    • see also Associated Press supra note 49.
  • 64
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    • supra note 52
    • ACLU, HARD LESSONS, supra note 52, at 10
    • ACLU, Hard Lessons , pp. 10
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    • see also Associated Press supra note 49
    • see also Associated Press supra note 49.
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    • Witt, supra note 10
    • Witt, supra note 10.
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    • see also, supra note 8, at 8
    • see also, Advancement Project, supra note 8, at 8.
    • Advancement Project
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    • Witt, supra note 10
    • Witt, supra note 10.
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    • See supra notes 15-20 and accompanying text; Matthew T. Theriot, Remarks at Society for Social Work and Research Conference on Research that Promotes Sustainability and (re)Builds Strengths: School Police Officers and the Criminalization of Student Behavior (Jan. 17 (transcript available at (describing study of one school district that finds presence of School Resource Officer predicts more disorderly conduct arrests but no more total arrests
    • See supra notes 15-20 and accompanying text; Matthew T. Theriot, Remarks at Society for Social Work and Research Conference on Research that Promotes Sustainability and (re)Builds Strengths: School Police Officers and the Criminalization of Student Behavior (Jan. 17, 2009) (transcript available at http://sswr.confex.com/sswr/2009/webprogram/Pa-per9830.html) (describing study of one school district that finds presence of School Resource Officer predicts more disorderly conduct arrests but no more total arrests).
    • (2009)
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    • Sherrod et al., supra note 19, at A23
    • Sherrod et al., supra note 19, at A23.
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    • See infra Part lII.B.i (describing an alternative collaborative approach that has resulted in a decrease in the number of weapons on campus
    • 59 See infra Part lII.B.i (describing an alternative collaborative approach that has resulted in a decrease in the number of weapons on campus).
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    • Zero-Tolerance Policies
    • Mar., available at
    • Tobin McAndrews, Zero-Tolerance Policies, ERIC Digest, Mar. 2001, at 1, 2, available at http://eric.uoregon.edu/pdf/digests/digestl46.pdf
    • (2001) ERIC Digest , pp. 1-2
    • McAndrews, T.1
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    • In 2007, then-Senator Barack Obama introduced the Positive Behavior for Effective Schools Act, S. 2111, 110th Cong. (2007), which would allow school districts to use federal funds for Positive Behavior Intervention and Support and other preventive approaches to discipline. The Act defines the term "positive behavior support" as "a systematic approach to embed proven practices for early intervening services, including a range of systemic and individualized strategies to reinforce desired behaviors and eliminate reinforcement for problem behaviors, in order to achieve important social outcomes and increase student learning, while preventing problem behaviors."
    • In 2007, then-Senator Barack Obama introduced the Positive Behavior for Effective Schools Act, S. 2111, 110th Cong. (2007), which would allow school districts to use federal funds for Positive Behavior Intervention and Support and other preventive approaches to discipline. The Act defines the term "positive behavior support" as "a systematic approach to embed proven practices for early intervening services, including a range of systemic and individualized strategies to reinforce desired behaviors and eliminate reinforcement for problem behaviors, in order to achieve important social outcomes and increase student learning, while preventing problem behaviors."
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    • Id. at § 3
    • Id. at § 3.
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    • School District of Indian River County, Positive Behavior Support last visited Mar. 19
    • School District of Indian River County, Positive Behavior Support, http://www.indian-river.kl2.fl.us/SiteDirectory/Curriculum/PBS/Pages/default. aspx (last visited Mar. 19, 2009)
    • (2009)
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    • see also OSEP Technical Assistance Center supra note 63
    • see also OSEP Technical Assistance Center supra note 63.
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    • A Small Strategy for Troubled Giants
    • May 16 (reporting that in 1995-1996, 30% of students dropped out and only 62.3% attended class regularly
    • Lynette Holloway, A Small Strategy for Troubled Giants, N.Y. TIMES, May 16, 2001, at B8 (reporting that in 1995-1996, 30% of students dropped out and only 62.3% attended class regularly).
    • (2001) N.Y. Times
    • Holloway, L.1
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    • The three new schools are Progress High School for Professional Careers, the High School for Enterprise, Business and Technology, and the High School for Legal Studies
    • The three new schools are Progress High School for Professional Careers, the High School for Enterprise, Business and Technology, and the High School for Legal Studies.
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    • Progress High School, School Identity, last visited Feb. 16
    • Progress High School, School Identity, http://www.progresshs.org/pages/ about-pages/school-identity.html (last visited Feb. 16, 2009).
    • (2009)
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    • Life Without Lockdown: Do Peaceful Schools Require High-Profde Policing?
    • John M. Beam, Chase Madar & Deinya Phenix, Life Without Lockdown: Do Peaceful Schools Require High-Profde Policing?, 19 Voices in Urban Educ. (2008), http://www.annenberginstitute.org/VUE/spring08/Beam.php.
    • (2008) 19 VOICES in URBAN EDUC.
    • Beam, J.M.1    Madar, C.2    Phenix, D.3
  • 90
    • 70049115579 scopus 로고    scopus 로고
    • Restorative Justice in Schools: Learning from Jena High School
    • See generally Cara Suvall
    • 73 See generally Cara Suvall, Restorative Justice in Schools: Learning from Jena High School, 44 HARV. C.R.-C.L. L. REV. 547 (2009).
    • (2009) 44 Harv. C.R.-C.L. L. Rev. , pp. 547
  • 91
    • 70049096026 scopus 로고    scopus 로고
    • Restorative Justice: How Law Schools Can Help Heal Their Communities
    • See
    • 74 See Rachel King, Restorative Justice: How Law Schools Can Help Heal Their Communities, 34 Fordham Urb. L.J. 1285, 1289-1290 (2007).
    • (2007) 34 Fordham Urb. L.J. , vol.1285 , pp. 1289-1290
    • King, R.1
  • 93
    • 84869611706 scopus 로고    scopus 로고
    • Nooses and Zero Tolerance
    • Advancement Project, Wash., D.C., Oct. (reproducing statistics from grassroots community organization showing that before the restorative justice programs were implemented in Denver Public Schools, the number of referrals to the juvenile justice system from schools increased 71% from 2000 to 2004
    • Monique L. Dixon, Nooses and Zero Tolerance, Cmty. Just. Res. Ctr., (Advancement Project, Wash., D.C.), Oct. 16, 2007, http://www. advancementproject.org/cjrc-newsletter/10- 07/nooses-and-zero.php (reproducing statistics from grassroots community organization showing that before the restorative justice programs were implemented in Denver Public Schools, the number of referrals to the juvenile justice system from schools increased 71% from 2000 to 2004)
    • (2007) Cmty. Just. Res. Ctr. , vol.16
    • Dixon, M.L.1
  • 94
    • 77954200167 scopus 로고    scopus 로고
    • see also, supra note 8, at 23
    • see also Advancement Project, supra note 8, at 23.
    • Advancement Project
  • 95
    • 70049106924 scopus 로고    scopus 로고
    • Dixon, supra note 76
    • Dixon, supra note 76.
  • 96
    • 84869617563 scopus 로고    scopus 로고
    • See Colorado Children's Code Authorizes Restorative Justice Conferences for Adjudicated Youth (Part 1 of 2) (May 21, The statute is codified at § 19- 1-103, 2008
    • See Joshua Wachtel, Colorado Children's Code Authorizes Restorative Justice Conferences for Adjudicated Youth (Part 1 of 2) (May 21, 2008), http://www.iirp.org/realjustice/library/CO-RJ.html. The statute is codified at Colo. Rev. Stat. § 19-1-103 (2008).
    • (2008) Colo. Rev. Stat.
    • Wachtel, J.1
  • 97
    • 33750538297 scopus 로고    scopus 로고
    • supra note 78; see. § 19-1-103.94.1 (defining "Restorative Justice" as "those practices that emphasize repairing the harm to the victim and the community caused by criminal acts"
    • Wachtel, supra note 78; see Colo. Rev. Stat. § 19-1-103.94.1 (defining "Restorative Justice" as "those practices that emphasize repairing the harm to the victim and the community caused by criminal acts").
    • Colo. Rev. Stat.
    • Wachtel1
  • 98
  • 99
    • 84869612731 scopus 로고    scopus 로고
    • supra note 78; Press Release, Office of Bill Ritter, Jr., available at
    • Wachtel, supra note 78; Press Release, Office of Bill Ritter, Jr., Gov. Ritter Signs Restorative-Justice Bill into Law (Mar. 31, 2008), available at http://www.colorado.gov/cs/Satel-lite/GovRitter/GOVR/1206950460679.
    • (2008) Gov. Ritter Signs Restorative-Justice Bill into Law (Mar. 31
    • Wachtel1
  • 100
    • 70049113053 scopus 로고    scopus 로고
    • Wachtel supra note 78. The bill passed with overwhelming bipartisan support in both the State House (63-1) and Senate (33-0)
    • Wachtel, supra note 78. The bill passed with overwhelming bipartisan support in both the State House (63-1) and Senate (33-0).
  • 102
    • 70049083767 scopus 로고    scopus 로고
    • Sherrod et al., supra note 19, at A23
    • Sherrod et al., supra note 19, at A23.
  • 104
    • 84869601918 scopus 로고    scopus 로고
    • Cooperative Agreement between the Juvenile Court of Clayton County, the Clayton County Public School System, the Clayton County Police Department, the Riverdale Police Department, the Jonesboro Police Department, the Forest Park Police Department, the Clayton County Department of Family & Children Services, the Clayton Center for Behavioral Health Services, Robert E. Keller, District Attorney, and the Georgia Department of Juvenile Justice 4-5 (July 8, available at
    • Cooperative Agreement between the Juvenile Court of Clayton County, the Clayton County Public School System, the Clayton County Police Department, the Riverdale Police Department, the Jonesboro Police Department, the Forest Park Police Department, the Clayton County Department of Family & Children Services, the Clayton Center for Behavioral Health Services, Robert E. Keller, District Attorney, and the Georgia Department of Juvenile Justice 4-5 (July 8, 2004), available at http://www.gpdsc.com/docs/resources-juvenile-cooperative- agreement-070804.pdf.
    • (2004)
  • 105
    • 70049104511 scopus 로고    scopus 로고
    • Id. at 3-4
    • Id. at 3-4.
  • 106
    • 70049109765 scopus 로고    scopus 로고
    • Id. at 5-6.
    • Id. at 5-6.
  • 107
    • 70049101317 scopus 로고    scopus 로고
    • Id. at 6-7
    • 88 Id. at 6-7.
  • 108
    • 70049115529 scopus 로고    scopus 로고
    • Sherrod et al. supra note 19, at A23
    • Sherrod et al., supra note 19, at A23.
  • 109
    • 70049098711 scopus 로고    scopus 로고
    • Clayton County Reduces School-Based Referrals of African-American Youth by 46%
    • Annie E. Casey Found./Juvenile Det. Alternatives Initiative, Wash., D.C.), Jul., at 7
    • 90 Clayton County Reduces School-Based Referrals of African-American Youth by 46%, JDAI News (Annie E. Casey Found./Juvenile Det. Alternatives Initiative, Wash., D.C.), Jul. 2006, at 7.
    • (2006) JDAI News
  • 110
    • 70049085640 scopus 로고    scopus 로고
    • Sherrod et al., supra note 19, at A23
    • Sherrod et al., supra note 19, at A23.
  • 111
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    • Id
    • Id.
  • 112
    • 84869617562 scopus 로고    scopus 로고
    • see also Judge Steven Teske, Presentation to Juvenile Detention Alternatives Initiative, Annie E. Casey Foundation: Using Collaborative Strategies to Reduce Disproportionate Minority Contact, A Case Study in School Referrals & Reducing the Schoolhouse to Jailhouse Pipeline Effect (Sept. 2008), at 11, available at
    • see also Judge Steven Teske, Presentation to Juvenile Detention Alternatives Initiative, Annie E. Casey Foundation: Using Collaborative Strategies to Reduce Disproportionate Minority Contact, A Case Study in School Referrals & Reducing the Schoolhouse to Jailhouse Pipeline Effect (Sept. 2008), at 11, available at http://childlaw.sc.edu/doc/School%20Referral %20Reduction.pdf.
  • 113
    • 70049103590 scopus 로고    scopus 로고
    • NEA-Goodland v. Bd. of Education, 775 P.2d 675, 678 (Kan. Ct. App. 1989) (citation omitted
    • NEA-Goodland v. Bd. of Education, 775 P.2d 675, 678 (Kan. Ct. App. 1989) (citation omitted)
  • 114
    • 70049110805 scopus 로고    scopus 로고
    • see also People v. Ball, 317 N.E.2d 54, 57 (III. 1974) (comparing role of teacher in loco parentis to role of parent
    • see also People v. Ball, 317 N.E.2d 54, 57 (111. 1974) (comparing role of teacher in loco parentis to role of parent)
  • 115
    • 84869617560 scopus 로고    scopus 로고
    • Dothan City Bd. of Educ. v. V.M.H., 660 So. 2d 1328, 1330 (Ala. Civ. App. 1995) ("The authority vested in school boards and officials to maintain order and discipline in school must be exercised within constitutional bounds." (citation omitted
    • Dothan City Bd. of Educ. v. V.M.H., 660 So. 2d 1328, 1330 (Ala. Civ. App. 1995) ("The authority vested in school boards and officials to maintain order and discipline in school must be exercised within constitutional bounds." (citation omitted)).
  • 116
    • 70049090737 scopus 로고    scopus 로고
    • 419 U.S. 565, 575 (1975)
    • 419 U.S. 565, 575 (1975).
  • 117
    • 70049103041 scopus 로고    scopus 로고
    • Id. at 574-576
    • 96 Id. at 574-576
  • 118
    • 70049112293 scopus 로고    scopus 로고
    • Id. at 581
    • Id. at 581.
  • 119
    • 70049100009 scopus 로고    scopus 로고
    • 393 U.S. 503, (1969)
    • 393 U.S. 503 (1969).
  • 120
    • 70049118663 scopus 로고    scopus 로고
    • Goss, 419 U.S. at 574 (citing Tinker, 393 U.S. at 506)
    • 99 Goss, 419 U.S. at 574 (citing Tinker, 393 U.S. at 506).
  • 121
    • 84869633435 scopus 로고    scopus 로고
    • Although Tinker's famous dictum specifically refers to the "constitutional rights to freedom of speech or expression," Tinker, 393 U.S. at 506, the Goss Court cited Tinker in terms of students' constitutional rights generally See Goss, 419 U.S. at 574. E.g., Goss, 419 U.S. at 574: The authority possessed by the State to prescribe and enforce standards of conduct in its schools, although concededly very broad, must be exercised consistently with constitutional safeguards. Among other things, the State is constrained to recognize a student's legitimate entitlement to a public education as a property interest which is protected by the Due Process Clause and which may not be taken away for misconduct without adherence to the minimum procedures required by that Clause.
    • Although Tinker's famous dictum specifically refers to the "constitutional rights to freedom of speech or expression," Tinker, 393 U.S. at 506, the Goss Court cited Tinker in terms of students' constitutional rights generally See Goss, 419 U.S. at 574. 100 E.g., Goss, 419 U.S. at 574: The authority possessed by the State to prescribe and enforce standards of conduct in its schools, although concededly very broad, must be exercised consistently with constitutional safeguards. Among other things, the State is constrained to recognize a student's legitimate entitlement to a public education as a property interest which is protected by the Due Process Clause and which may not be taken away for misconduct without adherence to the minimum procedures required by that Clause.
  • 124
    • 84869615141 scopus 로고    scopus 로고
    • A pre-adjudication intake decision is made only after the student has been referred to juvenile court. See Melissa Sickmund
    • A pre-adjudication intake decision is made only after the student has been referred to juvenile court. See Melissa Sickmund, U.S. DEPT OF JUSTICE OFFICE OF JUVENILE JUSTICE & DELINQUENCY PREVENTION, JUVENILES IN COURT 2 (2003), http://www.ncjrs.gov/pdffilesl/ ojjdp/195420.pdf.
    • (2003) U.S. Dept of Justice Office of Juvenile Justice & Delinquency Prevention, Juveniles in Court 2
  • 125
    • 84869617557 scopus 로고    scopus 로고
    • See Wald & Losen, supra note 17, at 13 ("Once referred to the juvenile justice system, students often miss multiple days of school to make court appearances, even if their cases are ultimately dismissed."). In imposing procedural requirements for suspensions, the Goss Court reasoned that "[i]f [the 10 day suspension is] sustained and recorded, those charges could seriously damage the students' standing with their fellow pupils and their teachers as well as interfere with later opportunities for higher education and employment." Goss, 419 U.S. at 575
    • See Wald & Losen, supra note 17, at 13 ("Once referred to the juvenile justice system, students often miss multiple days of school to make court appearances, even if their cases are ultimately dismissed."). In imposing procedural requirements for suspensions, the Goss Court reasoned that "[i]f [the 10 day suspension is] sustained and recorded, those charges could seriously damage the students' standing with their fellow pupils and their teachers as well as interfere with later opportunities for higher education and employment." Goss, 419 U.S. at 575.
  • 126
    • 70049096410 scopus 로고    scopus 로고
    • Goss, 419 U.S. at 576
    • 105 Goss, 419 U.S. at 576.
  • 127
    • 53449100340 scopus 로고    scopus 로고
    • Educating Expelled Students after No Child Left Behind: Mending an Incentive Structure that Discourages Alternative Education and Reinstatement
    • citations omitted
    • Maureen Carroll, Educating Expelled Students After No Child Left Behind: Mending an Incentive Structure that Discourages Alternative Education and Reinstatement, 55 UCLA L. Rev. 1909, 1963 (2008) (citations omitted).
    • (2008) 55 UCLA L. Rev. , vol.1909 , pp. 1963
    • Carroll, M.1
  • 128
    • 70049091955 scopus 로고    scopus 로고
    • Dixon v. Ala. State Bd. of Educ, 294 F.2d 150, 159 (5th Cir. 1961 cert, denied, 368 U.S. 930 1961
    • Dixon v. Ala. State Bd. of Educ, 294 F.2d 150, 159 (5th Cir. 1961), cert, denied, 368 U.S. 930 (1961).
  • 129
    • 70049092941 scopus 로고    scopus 로고
    • Board of Curators of the Univ. of Mo. v. Horowitz, 435 U.S. 78, 89 (1978) (citations omitted). Due process advocates might respond to this argument with the claim that this additional cost is desirable, because it would make referrals more expensive and thus might limit their application to only the most serious offenses
    • Board of Curators of the Univ. of Mo. v. Horowitz, 435 U.S. 78, 89 (1978) (citations omitted). Due process advocates might respond to this argument with the claim that this additional cost is desirable, because it would make referrals more expensive and thus might limit their application to only the most serious offenses.
  • 130
    • 70049088819 scopus 로고    scopus 로고
    • Wald & Losen, supra note 17, at 13; see also Goss, 419 U.S. at 575
    • Wald & Losen, supra note 17, at 13; see also Goss, 419 U.S. at 575.
  • 131
    • 70049083220 scopus 로고    scopus 로고
    • Goss, 419 U.S. at 582
    • 110 Goss, 419 U.S. at 582.
  • 132
    • 70049112099 scopus 로고    scopus 로고
    • Once referred by the school to the juvenile court system, it is the choice of the juvenile probation department and/or prosecutor's office to determine whether the case will be dismissed. See Sickmund supra note 103, at 2
    • Once referred by the school to the juvenile court system, it is the choice of the juvenile probation department and/or prosecutor's office to determine whether the case will be dismissed. See Sickmund, supra note 103, at 2.
  • 133
    • 70049092164 scopus 로고    scopus 로고
    • Carroll, supra note 106, at 1909. Unfortunately, states have too often drafted loosely- defined educational legislation that contains loopholes through which schools can exclude students with impunity
    • Carroll, supra note 106, at 1909. Unfortunately, states have too often drafted loosely- defined educational legislation that contains loopholes through which schools can exclude students with impunity.
  • 134
    • 70049099292 scopus 로고    scopus 로고
    • Id. at 1944
    • Id. at 1944.
  • 135
    • 70049093663 scopus 로고    scopus 로고
    • 2007 Conn. Pub. Acts 08-160 (2008)
    • 2007 Conn. Pub. Acts 08-160 (2008).
  • 136
    • 84869633432 scopus 로고    scopus 로고
    • Id. at § 2(g)
    • Id. at § 2(g).
  • 137
    • 84869633431 scopus 로고    scopus 로고
    • Upon signing the bill, Governor Rell emphasized: "Students should be removed from the school setting only under the most exceptional circumstances. ⋯ Keeping children out of school is a direct line to delinquent behavior." Press Release, State of Connecticut, Executive Chambers, Governor Rell Signs In-School Suspensions Bill (June 28, available at
    • Upon signing the bill, Governor Rell emphasized: "Students should be removed from the school setting only under the most exceptional circumstances. ⋯ Keeping children out of school is a direct line to delinquent behavior." Press Release, State of Connecticut, Executive Chambers, Governor Rell Signs In-School Suspensions Bill (June 28, 2007), available at http://www.ct.gov/governorrell/cwp/view.asp?A=2791&Q=385306.
    • (2007)
  • 138
    • 70049105084 scopus 로고    scopus 로고
    • sect; 3, 2007 Conn. Pub. Acts 08-160.
    • § 3, 2007 Conn. Pub. Acts 08-160.
  • 139
    • 84869624104 scopus 로고    scopus 로고
    • Id. at § 2(g)
    • Id. at § 2(g).


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