Thursday, June 7, 2012

Undoing the Damage of Zero Tolerance


            Student discipline is a complex and controversial topic that places public education in a precarious position.  As an institution of learning, the mission of public education is to provide youth with the knowledge and skills for their future adult lives.  Student discipline had always played a minor part of the instruction process.  However, schools have been spending more time on discipline than instruction. 

            The increase in discipline is due in part to the “Zero Tolerance” policy school districts across the country adopted several years ago.  Zero Tolerance was supposed to reverse the trend of weapons, drugs, and serious assaults by students that were occurring in schools.  Instead, the eagerness of administrators who took a literal interpretation of zero tolerance, found themselves expelling students who the policy was not intended for.  Students with no previous history of suspensions or behavioral problems were finding themselves going through the expulsion process for being caught with scissors in their backpacks for school projects, toy guns for show and tell, and over the counter (and some prescription) medication. 

Since zero tolerance policies do not distinguish intent (accident versus intent to harm), or the type of offense (major versus minor), students were being expelled and a large number became part of the juvenile justice system.  As a result of zero tolerance policies more that seventy percent of student arrest were placed in the custody of law enforcement were African-American and Hispanic[i].  It was statistics like these that led one Juvenile Court judge to create a program that is changing the way expulsions are handled.

St. Louis Juvenile Court judge Jimmie Edwards established the Jimmie Edwards Innovative Concept Academy.  The purpose of the Academy is to provide education and socialization skills to students in the juvenile justice system[ii].  The idea is to prevent youth in the juvenile justice system from dropping out, re-offending, and eventually becoming the next generation of criminals.  The education Judge Edwards Academy provides is both academic and personal improvement.  According to Judge Edwards:

                        making sure students are educated and not incarcerated
                        is about ending a cycle of poverty.  They’ve been so
                        negatively socialized from grandma to mom…They
                        don’t have the ability to teach them to dream.  My
                        children have only had nightmares-nightmares
                        because the only thing they’ve learned has been
                        negative[iii].”

Judge Edwards is one of a number of juvenile judges across the country who recognize a disturbing trend: the school-to-prison pipeline.  To reverse this trend, judges are working with child advocate groups and the NAACP Legal Defense Fund to develop a legal strategy to challenge zero tolerance polices that criminalize youth and to help school districts understand their civil rights obligations.

By working with informed juvenile justice judges on student discipline, zero tolerance, and the school-to-prison pipeline, school districts can rethink student discipline and develop alternatives to expulsions, student arrest, and how to prevent students from becoming the next generation of criminals.



[i] www.huffingtonpost.com/2012/03/12/schoo-to-prision-pipeline_n_1340380
[ii] ibid
[iii] ibid

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