13. When Children Get Suspended or Expelled: School Discipline Issues and Zero-Tolerance Policies

2020 ◽  
pp. 141-144
Author(s):  
Brian G. Sellers ◽  
Bruce A. Arrigo

This article empirically investigates how the humanistic critique at the core of virtue jurisprudence can illuminate the laws of captivity at the level of judicial decision making. One point of reference is the set of cases that makes up the constitutional challenges to and the resolutions of zero-tolerance public school discipline. These court decisions establish the conditions under which this strategy represents a legitimate and protected exercise of U.S. education policy and practice. We begin by explaining what virtue jurisprudence is, and we specify how its Aristotelian-sourced humanism has been the basis of ongoing sociolegal inquiry. We then delineate the coordinates of our methodology. These coordinates consist of two levels of textual data collection, as obtained from a LexisNexis criterion-based sample design. Next, we summarily present the results. These findings reveal both the judicial temperaments and the normative forces that inform and influence the nature of sociolegal decision making on the matter of zero-tolerance public school discipline. We discuss and analyze the results within the critical humanism of virtue jurisprudence. This critique suggests how the courts’ endorsement of zero-tolerance public policy and practice might be reconceived if an ethic of citizenship grounded the courts’ reasoning and decision making.


2021 ◽  
Author(s):  
Sofiya Kovalenko

It is recognized that racialized youth are significantly over-represented in the Canadian Criminal Justice System relative to their population percentages. Research also determined that similar disproportion exists with respect to school discipline. Similar to US research, a number of Canadian studies found that racialized youth are being disproportionately affected by zero-tolerance school disciplinary policies, such as the Ontario Safe Schools Act. Such research also hypothesized about a "school-to-prison pipeline" for minority youth. This MRP explores the link between immigration, policing, and school disciplinary policies in Ontario, Canada. In particular, the MRP investigates the racialization of school disciplinary procedures that largely affect immigrant youth, and the criminalization of certain behaviors that may lead visible minority youth, including immigrant youth, to having disproportionate police contact. The findings suggest that there is a relation between racial disproportion of school suspensions and expulsions and the racial disproportion in the likelihood of youth- police contact.


2012 ◽  
Vol 3 (2) ◽  
pp. 198-218 ◽  
Author(s):  
Christopher G. Robbins ◽  
Serhiy Kovalchuk

Abstract Public schools deploy a range of processes and practices that help constitute the formation and legitimation of certain knowledges, relationships, skills, values and, ultimately, subjectivities. School discipline regimes are one of these practices. Exercising their power through pedagogical modes of address, these regimes are currently organizing relationships throughout school cultures that reflect the values and encourage role performances associated with neoliberal capitalism. This research paper describes and analyzes two widely used discipline regimes-zero tolerance/hyper-criminalization and positive behavior interventions and support (PBIS) -through Foucault’s theories of governmentality and biopolitics. These two regimes provide mirror images of the primary modes of punishing and disciplining under neoliberalism: criminalization and individualization. The paper will also explore how neoliberalism subjects schools to processes of enclosure, but also how schools themselves have become sites productive of neoliberal subjects through the content, values and interests embedded in the curricula of PBIS and criminalization which students must master.


2021 ◽  
Author(s):  
Sofiya Kovalenko

It is recognized that racialized youth are significantly over-represented in the Canadian Criminal Justice System relative to their population percentages. Research also determined that similar disproportion exists with respect to school discipline. Similar to US research, a number of Canadian studies found that racialized youth are being disproportionately affected by zero-tolerance school disciplinary policies, such as the Ontario Safe Schools Act. Such research also hypothesized about a "school-to-prison pipeline" for minority youth. This MRP explores the link between immigration, policing, and school disciplinary policies in Ontario, Canada. In particular, the MRP investigates the racialization of school disciplinary procedures that largely affect immigrant youth, and the criminalization of certain behaviors that may lead visible minority youth, including immigrant youth, to having disproportionate police contact. The findings suggest that there is a relation between racial disproportion of school suspensions and expulsions and the racial disproportion in the likelihood of youth- police contact.


2000 ◽  
Vol 66 (3) ◽  
pp. 335-346 ◽  
Author(s):  
Russell J. Skiba ◽  
Reece L. Peterson

Dramatic incidents of school violence have thrust school discipline to the forefront of public consciousness. Despite a dramatic increase in the use of zero tolerance procedures and policies, there is little evidence demonstrating that these procedures have increased school safety or improved student behavior. Moreover, a punitive disciplinary climate may make any attempt to include more students with behavioral problems a cause for conflict between general and special educators. A preventive, early response disciplinary model increases the range of effective options for addressing violence and disruption across both general and special education. Ultimately, the effectiveness of any disciplinary system may be judged by the extent to which it teaches students to solve interpersonal and intrapersonal problems without resorting to disruption or violence.


2021 ◽  
pp. 175774382110414
Author(s):  
Matthew Clarke ◽  
Charlotte Haines Lyon ◽  
Emma Walker ◽  
Linda Walz ◽  
Jordi Collet-Sabé ◽  
...  

Education is usually considered a force for good, associated with hope and optimism about better individual and social futures. Yet a case can be made that education and education policy in recent decades, far from being a force for good, has had nefarious effects at multiple levels. This can be seen in the growing alienation of significant numbers of teachers and students in disparate global contexts and in the growth of authoritarian models of schooling, involving ‘zero-tolerance’, ‘no excuses’ disciplinary approaches, that have undermined notions of the common school as a public good. Against this background, and drawing on philosophical literature and our own empirical research, this study interrogates the practice in schools in England of placing students in ‘isolation’. In considering this practice as an instance of banal education policy, our study makes obvious reference to Hannah Arendt’s characterization of evil in her account of Adolf Eichmann’s trial. But it also draws on the work of moral philosophers, Elizabeth Minnich and Simona Forti, in relation to the distinction between intensive and extensive evil, in order to analyse the nature and effects of school discipline policies and practices such as isolation in the neoliberal era as a contemporary form of evil.


2021 ◽  
Author(s):  
Judith K. Bernhard ◽  
Marlinda Freire ◽  
Luz Bascunan ◽  
Rodolfo Arenas ◽  
Nury Rugeles Verga ◽  
...  

Thirty-eight Latin American mothers with young children tell of their perceptions of school discipline and comportment issues and talk of their children’s encounters with ‘zero tolerance’ legislation, and related rules for conduct, implemented by the local school boards. The purpose of this exploratory study is to understand: (a) parents’ views of and concern about disciplinary practices at school; (b) parents’ ideas about the connection between home and school discipline; and (c) parents’ understanding of the officially prescribed consequences of behaviour identified as non-tolerable. Implications of the findings are discussed with regard to professional practice.<div><br><div>Keywords: Latino parents; School regulations; Concepts of misbehaviour and aggression<br></div></div>


Author(s):  
Christopher A. Mallett

This chapter reviews some of the history of establishing public schools through compulsory attendance laws for children, as well as the use of school discipline over time. The primary focus is on more recent times whereby the public schools across the country followed the juvenile justice system's “tough on crime” pathway since the 1990s. The increased use of zero tolerance policies and police (safety resource officers) in the schools has exponentially increased school-based arrests and referrals to the juvenile courts. These policies have not increased school safety and in many cases have inadvertently made schools less safe. These changes have also disproportionately ensnared a smaller group of at-risk and already disadvantaged students, including certain minorities, those with special education disabilities, and those who identify as lesbian, gay, bisexual, or transgender (LGBT).


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