Taken together, these practices limit access to educational services. First, students who are
expelled from school or subjected to lengthy suspensions, as well as students assigned to
“alternative schools” (that is, often wholly inadequate schools to which students with behavioral
concerns are assigned) are literally denied access to educational services. Second, those
students who physically remain in the schools but are subjected to harsh and often arbitrary or
unfair discipline are effectively barred from access to education. Substituting an environment
which more closely resembles a penal institution than an educational one can hardly be
considered access to quality education.
The effects of these actions and policies are devastating, particularly for students of color.
Students denied educational opportunities are more likely to fall behind and drop out. Students
who don’t graduate high school are far more likely to be incarcerated than ones who complete
high school. Statistics demonstrate that minorities are at far greater risk to both drop out and to
find themselves in the criminal justice system. Too often, particularly for students of color,
schools are not pathways to the fulfillment of individual potential and to a productive role in
society but are instead funnels into the criminal justice system. The cost of the continued
funneling of these students into jail cells is dear and is ultimately paid by the child, the
community, the nation and the world.
In order to counter this tragic outcome, the ACLU suggests that:
Abusive school disciplinary practices, including corporal punishment, be banned;
Policies resulting in pushing minority students out of school be remedied;
The use of police officers or school security personnel be limited and made proportional
to legitimate security concerns and that adequate training and strict guidelines be
provided substitute positive discipline systems for repressive and ineffective negative
ones.
Thank you again for the opportunity to address this Forum and for your kind attention.