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PUSHOUT Act In Schools Policy Brief

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PUSHOUT Act In Schools Policy Brief

Introduction

Discrimination, disparity, punitive, and unfair treatment of Black and other minority girls

in schools is on the rise. At a rate far higher than the general public school population and their

white female peers, black girls are suspended, expelled, referred to law enforcement, and

arrested on school campuses (Nelson, & Williams, 2019). This study found that Black girls in

grades K-12 were seven times more likely to be suspended and four times more likely to be

arrested on school grounds than white girls. Punitive school policies and practices exacerbate

racial and gender inequities and disparities, especially for Black girls. As a result of these

policies, Black girls are being forced out of school and into the streets at a disproportionately

high rate. Due to punitive school policies and practices, black girls are more likely to be involved

with the juvenile and criminal justice systems and/or drop out, making it more difficult for them

to succeed in the future.

It's not uncommon for Black and other non-white girls to be stigmatized and criminalized

because of the way they communicate, express themselves, or because of the trauma they've

endured (Kho et al., 2019). 'It's our duty as policymakers to fight for the necessary resources, laws,

policies, and practices that help create learning environments in which all students can succeed,

and where Black girls, who have for far too long been subjected to racially discriminatory and

sexist treatment have access to a wide range of targeted services and supports that help propels

them to a lifetime of success."

For the federal, state, and local governments to combat the criminalization of Black and

other ethnic minority girls, the following recommendations are essential. Also crucial is that

these guidelines specifically target Black and other girls of color in order to provide them with
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learning environments that promote safety, accessibility, and opportunities for growth and

development so that they can achieve their fullest potential.

Federal Policymakers

Support legislation in Congress aimed at reducing inequalities caused by policies that

criminalize students of color and make it difficult for them to stay connected to and perform well

in school (Shange 2019). While federal legislation aims to eliminate zero-tolerance policies that

disproportionately affect students of color and advance policy designed to create effective

school-based programming to expand alternatives to exclusionary school discipline, federal

policymakers should support efforts to increase schools' capacity to develop gender- and

culturally relevant responses to trauma in order to promote a safer environment for Black girls

and other girls of color.

Increase the number of extracurricular and sports opportunities available to Black and

other minority girls. With the National Women's Law Center, we're calling for more funding for

programs and interventions that help girls and transgender, gender nonconforming, and non-

binary youth (TGNC) be fully integrated into school-based extracurricular activities and sports.

Advocate for legislation and policies that require post-secondary institutions and school

districts to provide assistance to pregnant and parenting students.

Policies and practices that discourage pregnantly and parenting students from pursuing

and continuing their education should be revised broadly by school systems. There should be

federal efforts to increase education funding and formula grants for these students, such as access

to quality, affordable child care on campus; early childhood education services; and safe and

accessible spaces for nursing students to pump milk or breastfeed.

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The Girls for Gender Equity's call for stronger legislation and/or guidance to support

Title IX's implementation to promote the mental, emotional and physical health of all young

people is one with which we agree. Title IX protections, such as the assignment of a Title IX

coordinator to every public school, require policymakers to provide adequate fiscal and

implementation resources to states.

Eliminate and prevent the presence of Immigration Customs Enforcement (ICE) officers

in school communities to protect immigrant youth and families. We support the Advancement

Project's call for immigrant children and families to be protected on school grounds, and we

stand with them. Attending school should not put students in jeopardy of being deported. There

shouldn't be a school-to-deportation pipeline.

State Policymakers

Stop using zero-tolerance policies, such as suspensions, expulsions, and school-based

arrests, for minor infractions that can be subjectively judged. Encouraging schools and districts

to develop and implement alternatives to overly punitive disciplinary practices using tools like

the federal joint discipline guidance from the Departments of Education and Justice.

Adopt state laws that promote an extensive range of alternatives to suspension and

expulsion and that require these alternatives to be exhausted before exclusionary discipline is

used.

Encourage the introduction and support of state legislation similar to California's SB 419,

which prohibits the suspension of students in grades K-8 and the expulsion of students in grades

9-12 for willful defiance in public schools, including charter schools. As a result of legislation

like this, school administrators are forced to use methods other than exclusionary discipline when

dealing with disruptive students.

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Pre-K and K-2 students should not be subjected to suspension or expulsion.

An estimated 50,000 preschoolers were suspended at least once in 2016, according to the

National Survey of Children's Health (Kennedy et al., 2019). A report from the Office of Civil

Rights of the United States Department of Education shows that Black children made up 18

percent of public preschool enrollment, but 48 percent of preschoolers were suspended multiple

times.

We agree with the Center for American Progress and the Education Law Center that

suspension and expulsion of young children should be replaced with effective, positive strategies

that address behavior and help students and teachers. We support these organizations.

All public school districts in the United States should receive funding to improve mental

and physical health resources for students.

Instead of criminalizing students' behaviors, expanding mental and physical health

resources in schools will help educational institutions have the resources they need to help

students in need.

Do not support arming school personnel or removing all police officers from schools.

Students' psychological or physical safety is not enhanced by the presence of law

enforcement officers on school grounds. We support the Dignity in Schools Campaign, which

calls for funding for counselors, social workers, and restorative justice programs in schools to be

redirected from law enforcement agencies.

Initiate an annual review of the policing agreements and policies in schools to make sure

that these agreements reflect the current needs and expectations among students and faculty.

We oppose having police officers stationed in schools. Because school police are already

present, all agreements between law enforcement agencies and schools should spell out the
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specific responsibilities of school police in advance of their implementation. There should be

language in these agreements allowing law enforcement agents to intervene only when a student

is breaking the law. By limiting police intervention, incidents that are normally handled by

school personnel will no longer necessitate their involvement. For this reason, agreements

between schools and law enforcement should stipulate that school police receive training in child

and adolescent mental health and cognitive development before responding to emergencies.

Local Policymakers and School Districts

Exclusionary discipline should be replaced with a robust continuum of alternatives

Kennedy. Discipline alternatives like restorative practices, mindfulness, and harm reduction can

be developed as alternatives to exclusionary ones. It is only after a variety of other non-

exclusionary discipline practices have failed and no progress has been made that exclusionary

discipline such as suspension or expulsion should be considered.

Take a close look at and develop student-focused policies for addressing harassment and

assault in the workplace, including dress codes, gender and sex equity, as well as other school

mandates.

Encourage the development of sexual harassment policies, practices, and responses in

conjunction with students. We support organizations like The Alliance for Girls in their efforts to

improve the lives of girls (Zimmer et al., 2019). To create a new student-driven sexual harassment

policy, they collaborated with a local school district and young women. The policy was approved

by the school board in June of 2017. Also, encourage students, particularly girls of color, to

participate in the development of dress code policies, and use enforcement methods based on

anti-oppression, dignity, and respect principles.

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Schools must incorporate student input when creating codes of conduct and other school-

related documents like policies and practices. School-based policies should include input from

students, especially Black girls and other students of color who may identify as LGBQ,

transgender nonconforming, or non-binary. They should have a say in the creation of dress code

policies as well as expectations in the classroom.

Ensure that all LGBQ, TGNC, and non-binary students have full access to comprehensive

in-school support services. With theGirls for Gender Equity, we support students who identify as

LGBQ and TGNC, especially those who also identify as Black/off-color, with on-campus, state,

and locally funded supports and resources. These services will help schools better respond to

emergencies and keep students safer.

Provide mandatory, age-appropriate, gender-inclusive bullying, harassment, and violence

training to all school and staff members on a yearly basis: We agree with the Legal Defense

Fund (LDF) and the National Women's Law Center on the need for consent training, healthy

relationship skills, and bystander intervention to be made mandatory for all students. We support

culturally sensitive, high-quality training on how to assist students who have been harassed or

bullied.
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References

Kennedy, B. L., Acosta, M. M., & Soutullo, O. (2019). Counternarratives of students’ experiences

returning to comprehensive schools from an involuntary disciplinary alternative school. Race

Ethnicity and Education, 22(1), 130-149.

Kho, A., Zimmer, R., & McEachin, A. (2019). A Descriptive Analysis of Cream Skimming and Pushout in

Choice versus Traditional Public Schools. Education Finance and Policy, 1-65.

Nelson, S. L., & Williams, R. O. (2019). From Slave Codes to Educational Racism: Urban Education

Policy in the United States as the Dispossession, Containment, Dehumanization, and

Disenfranchisement of Black Peoples. JL Soc'y, 19, 82.

Shange, S. (2019). Black girl ordinary: Flesh, carcerality, and the refusal of ethnography. Transforming

Anthropology, 27(1), 3-21.

Zimmer, R., Buddin, R., Smith, S. A., & Duffy, D. (2019). Nearly three decades into the charter school

movement, what has research told us about charter schools. Boston, MA: Annenberg Brown

University. Retrieved January, 7, 2021.