Emilee Rodriguez

Professor Zavala

ENG 298

16 November 2020

How America is Criminalizing Students, One Policy at a Time: Analyzing Zero-

Tolerance Policies and the School to Prison Pipeline

It’s no secret that students have a way of getting into trouble in school, whether it

be by disrupting a lecture or picking fights with other students. Over time, teachers and

school administration have evolved new, more effective ways to discipline misbehaving

students. Despite this, many schools still found themselves ill-equipped to deal with the

rise in violent crimes committed on school property, specifically shootings. American

educators were tasked with answering an important question: how do we keep our

children safe at school? The solution was simple: zero-tolerance policies! Unfortunately

for students, these types of discipline policies have not only been proven ineffective, but

actively harmful to many students.

For minority groups, being discriminated against is just a part of life in America,

and discrimination doesn’t stop in the classroom. In some cases, schools aid in

discrimination by targeting minority groups and funneling them into the school to prison

pipeline. This issue is inflamed by zero-tolerance policies. These policies allow schools

to target minority groups by unfairly punishing them for minor offenses without the need

to justify the punishment, which exposes minority students to the criminal justice system

at a young age. In order to protect students who are victimized by these policies, we
must remove zero-tolerance policies from the U.S. education system and become more

aware of instances of systematic racism in schools.

Terminology

Throughout the length of this discussion, there are a few key concepts and terms

that form the foundation of these ideas, such as zero-tolerance policy, school to prison

pipeline, and offense. Zero-tolerance policy is a term that lacks a specific definition, but

in the context of this discussion a zero-tolerance policy is a school’s discipline policy

which gives out predetermined harsh punishments designed for a variety of offenses.

Offenses can be categorized in two ways: major offenses and minor offenses. In this

context, major offenses are actions that break school rules and put students or staff in

danger. Minor offenses are actions that break school rules but don’t endanger anyone.

The school to prison pipeline is described as a “growing pattern of tracking students out

of educational institutions... and tracking them directly and/or indirectly into the juvenile

and adult criminal justice systems” in a research article titled “Education or

Incarceration: Zero Tolerance Policies and the School to Prison Pipeline” (Heitzeg). As

well as defining these two broad concepts, it’s important to note that the term “student”

in this context is used to describe a child between the ages of 6 and 18 who is attending

a public school.

The Evolution of Zero-Tolerance Policies

Zero-tolerance policies were originally introduced in the 1980’s to prevent drug-

related crime in America (Webb and Krtisonis). This is outlined in an article titled “Zero -

Tolerance Policies and Youth: Protection or Profiling?,” where the authors state this
approach was to prevent a slippery-slope mentality to develop in regards to crimes. If

one person is allowed to commit a small crime, it may give them the confidence to

commit increasingly severe crimes without fear of retribution. This approach to no-

nonsense discipline became widespread in American schools after the Gun-Free

Schools Act was passed, which required schools to expel any students who brought a

firearm to school for no less than one year (U.S. Department of Education). Overall, this

seems like a very reasonable stance to have on firearms at school, especially during

times where there was very little gun control and an increasing number of school

shootings. However, over time this reasonable take on gun safety was used by schools

to create a quick, easy, and overall harmful approach to discipline.

While zero-tolerance policies originated to prevent students from bringing

weapons to school, the no-nonsense approach to weapons soon spread to other

aspects of student discipline. It didn’t take very long for school policies to adopt a zero-

tolerance attitude towards any and all infringements to school policy, such as playing

with a toy bubble gun or handing outbreath mints (Hinkle). The idea of nipping

misbehavior in the bud began to spiral into a system that opted for removing any sort of

misbehaving students entirely rather than helping them adjust to their classroom

environments and allowing them to continue their education. Due to the nature of these

policies, it created a system in which school administration weren’t responsible for

justifying the punishments given to students, since most offenses were met with

suspension or expulsion. This gives near absolute power to those in authority positions,

including individuals with prejudice against minority groups – whether they’re aware of it

or not.
How Zero-Tolerance Policies Are Making Schools Unsafe for Minority Groups

It’s true that correlation doesn’t mean causation, yet the evidence connecting

zero-tolerance policies and the school to prison pipeline strongly lean into the idea that

zero-tolerance policies play a much larger role in the school to prison pipeline than one

would think. Whether it be through over-punishing students, removing them from school,

bias (both known and unknown), or by literally policing students, zero-tolerance policies

contribute to the disproportionate number of minority students being introduced to the

criminal justice system.

When a school adopts a zero-tolerance policy with regards to all school rules,

there will be an increase in expulsions and suspensions, as any student who commits

an offense will be either suspended or expelled as there are no other disciplinary

measures being used. According to “The School-to-Prison Pipeline: Structuring Legal

Reform,” the number of students subjected to suspension from school is twice as many

as the number of students recorded in 1973, while the number of black students being

suspended nearly tripled (Kim et al.). Not only is this a troubling statistic due to the

disparity between overall suspensions and suspensions of black students, but the fact

that there are so many students being removed from school to begin with is incredibly

concerning. In a study done by M. Rausch and R. Skiba titled “Zero tolerance,

suspension, and expulsion: Questions of equity and effectiveness”, it was found that

students who are suspended from school are more likely to exhibit a lasting drop in

academic achievement as well as an increased chance of dropping out of school (Skiba

and Rausch). When zero-tolerance policies cause students to be suspended, it has

noticeable negative affects on the education of suspended students, which can impact

their futures in tremendous ways.

It’s shameful how many students are removed from school in America due to

zero-tolerance policies, but why is there such a large gap between the suspension rates

between overall students and black students? Deborah Fowler answered this question

in an interview with NPR, stating that “97 percent of the cases of

suspensions/expulsions were discretionary.” (Martin and Fowler). Fowler then goes on

to explain that discretionary suspensions and expulsions are subjective. In other words,

97% of suspensions and expulsions were from minor offenses. Compared to the

majority of white students being expelled for major violations like smoking and

vandalism, it’s clear that school administration are only harshly punishing minority

students for minor offenses while harsh punishments are seen as last resorts for white

students who commit major offenses. Zero-tolerance policies are supposed to be

enacted to keep the student body safe, so why are students being expelled for wearing

the wrong uniform? Why are students’ futures being put at risk when they pose no

threat to others? Even more puzzling, why aren’t white students being expelled for

these minor infractions at the same rate that black students are?

The answer requires digging deeper into the issue than most are comfortable

with. Luckily, Nicholas P. Triplett, Ayana Allen, and Chance Lewis took the dive in their

article on the school to prison pipeline and pointed out that the issue began with

segregation and education equality that persists far after segregated schools became

illegal (Triplett et al.). Even though it’s been decades since then, Nicholas and his

coworkers say that “many of the social ills that disenfranchised the... educational
realities of minorities in general and African Americans in particular remain embedded in

the fabric of American society”. Individual racist teachers aren’t holding up the school to

prison pipeline on their own, rather the inequality is a systematic issue that has plagued

the American education system since the beginning. Zero-tolerance policies may not

the cause of the school to prison pipeline, but they do exacerbate it and give schools

the power to contribute the systematic racism hiding under the surface by unfairly

punishing minority students without accountability.

That doesn’t mean individual teachers aren’t at fault, though. Although

systematic racism is to blame for the school to prison pipeline, school staff are actively

contributing to the problem. Teachers and other school staff with different cultures than

their students, biases against minority groups, or those who stereotype their students

are more likely to discipline minority students more frequently than white students

(Bireda). The idea that some minority groups are “troublemakers” can fuel this fire and

cause some teachers to overreact to minor offenses or sometimes even

miscommunications. Teachers who are untrained and ill-equipped to deal with a

culturally diverse student body may subconsciously contribute to inequality by

unknowingly targeting minority groups. This means that even if you aren’t actively racist,

you can still contribute to the issue without realizing it.

Although teachers can indirectly contribute to the school to prison pipeline

through unknown racial biases, there’s another group of school staff that have a much

more direct impact: security officers. Since the increase in school shootings, many

schools employ at least one on-duty security officer at a time. However, police officers

are intimidating and can often create the feeling of an unsafe learning environment for
students. After all, police officers are paid to arrest and punish criminals, so having them

at school would imply that there are criminals on campus that need to be arrested

and/or punished. That’s not exactly a welcoming environment. According to an article by

the American Civil Liberties Union, “The presence of police shifts the focus from

learning and supporting students to over-disciplining and criminalizing them.” (Staff).

Moreover, involving police in schools directly introduces students to the criminal justice

system rather than being disciplined by school staff. This can lead to minor offenses

that normally would’ve been dealt with by the school being dealt with by police, usually

ending in arrest (Homer). The previous pattern of minority students being more

frequently punished for minor offenses is also applicable when the punishment is

coming from school police. The only difference is that the middleman is cut out and

students are directly funneled into the criminal justice system rather than having to be

suspended.

Zero-tolerance policies have allowed inequality to breed in the American

education system in more ways than one and it cannot be allowed to remain among our

students. By criminalizing American youth, zero-tolerance policies have made schools

unsafe, ineffective, and intolerant. Rather than preparing children to be functional

members of society, these policies have made it so minority students are prepared for a

life of unfair punishment. However, it isn’t too late for our education system.

Solutions to Mend the School to Prison Pipeline

With so many factors influencing how zero-tolerance policies contribute to the

school-to-prison pipeline, it can be difficult to pinpoint an exact solution that can be

applied nationwide to prevent schools from upholding the school to prison pipeline. Not
only that, but reversing the damage done to marginalized communities by these policies

is also important to ensure that lasting effects can be corrected. By eliminating zero-

tolerance policies, adopting new disciplinary policies, and preventing systematic racism

from flourishing in our education system, minorities will be able to enjoy a truly equal

education without fear of being unfairly punished.

One of the most effective ways to curb the effect zero-tolerance policies have on

the school to prison pipeline is to simply remove those policies. Most schools in the U.S.

have done this already, and some are making leaps and bounds to try and repair the

damage that has been done by zero-tolerance policies. In an article posted by the

Indiana Youth Services Association Journal, a three-step model to address violence in

school is presented which includes creating and maintaining a positive learning

environment for all students and counseling students who commit offenses rather than

suspending or expelling them (Skiba). This plan aims to be used as a prevention

method, however if violence does occur, it allows school staff to work with the disruptive

students to help them manage and correct their behavior.

Some schools have implemented a method known as restorative justice, in which

offenses are looked at on a case-to-case basis. School administration work with the

students and sometimes their parents on finding a fitting consequence that allows the

student to reintegrate themselves into their community. Laurie Stern puts it this way in

her article about a Denver school that has implemented restorative justice: “Everyone in

the school community is responsible for keeping it healthy... the goal is to help the

student rejoin the school community as soon as possible.” (Stern). This attitude of

allowing students to correct their own mistakes and keeping them in school creates a
healthy, trusting relationship between students and staff and a safe and welcoming

learning environment.

One of the most important ways to repair the damage that has been done by the

school to prison pipeline is to be more aware of instances of systematic racism in our

country. If there is inequality hiding in our education system, it’s worth it to keep an eye

out for systematic racism in other areas as well. The best way to fight racism is through

education, but when our education system actively fosters inequality, it becomes

increasingly harder to prevent injustice. Being able to see racism in our education

system allows us to begin to build a better one that can be considered equal and allows

us to unearth inequality and battle hatred one student at a time.

 Works Cited

Bireda, Martha R. Cultures in Conflict: Eliminating Racial Profiling. Rowman & Littlefield

Education, 2010.

Heitzeg, Nancy A. “Education or Incarceration: Zero Tolerance Policies and the School

to Prison Pipeline.” Forum on Public Policy Online, Oxford Round Table, 30 Nov.

2008, eric.ed.gov/?id=EJ870076.

Hinkle, A. Barton. “Zero Tolerance Hurts Kids and Ruins Schools.” Reason.com,

Reason Foundation, 31 Mar. 2014, reason.com/2014/03/31/zero-tolerance-hurts-

kids-and-ruins-scho/.

Homer, Emily. “Police in Schools and Student Arrest Rates Across the United States:

Examining Differences by Race, Ethnicity, and Gender.” Researchgate.com,

Journal of School Violence, Apr. 2020,

www.tandfonline.com/eprint/2CR8E5daVIVbzqwAYgh2/full?

target=10.1080%2F15388220.2019.1604377.

Kim, Catherine, et al. The School to Prison Pipeline: Structuring Legal Reform. New

York University Press, 2012.

Martin, Michel, and Deborah Fowler. “Zero-Tolerance Policies Doing More Harm Than

Good.” NPR News, 27 July 2011.

Nicholas P. Triplett, et al. “Zero Tolerance, School Shootings, and the Post-Brown

Quest for Equity in Discipline Policy: An Examination of How Urban Minorities

 Are Punished for White Suburban Violence.” The Journal of Negro Education,

vol. 83, no. 3, 2014, pp. 352–370. JSTOR,

www.jstor.org/stable/10.7709/jnegroeducation.83.3.0352. Accessed 9 Oct. 2020.

Skiba, Russell, and M. Karega Rausch. “Zero Tolerance, Suspension, and Expulsion:

Questions of Equity and Effectiveness.” ResearchGate, Handbook of Classroom

Management, Jan. 2006,

www.researchgate.net/publication/308161651_Zero_tolerance_suspension_and_e

xpulsion_Questions_of_equity_and_effectiveness.

Skiba, Russell. “Zero Tolerance: The Assumptions and the Facts.” Indiana Youth

Services Association, Center for Evaluation & Education Policy, 30 Nov. 2003,

eric.ed.gov/?id=ED488918.

Staff, ACLU. “Cops and No Counselors.” American Civil Liberties Union, American Civil

Liberties Union, 27 Feb. 2019, www.aclu.org/issues/juvenile-justice/school-prison-

pipeline/cops-and-no-counselors.

Stern, Laurie. “Restorative Justice: A New Approach to Discipline.” Spare the Rod |

APM Reports, APM Reports, 19 June 2020,

www.apmreports.org/story/2016/08/25/restorative-justice-school-discipline.

U.S., Department of Education. “Subpart 3 - Gun Possession.” U.S. Department of

Education, U.S. Department of Education, 19 Dec. 2005,

www2.ed.gov/policy/elsec/leg/esea02/pg54.html.
Webb, Patrick, and William Allan Krtisonis. “Zero -Tolerance Policies and Youth:

Protection or Profiling? .” Doctoral Forum : National Journal for Publishing

Mentoring Doctoral Student Research., vol. 3, no. 1, 2006, pp. 1–8.

Post-Writing Reflection

This assignment challenged me in terms of writing a comprehensive research

essay without sounding completely redundant and losing focus of the essay. My

Research Prospectus wasn’t quite comprehensive enough for me to be able to translate

it into a full essay, so I had to do more research in order to add a few paragraphs to my

essay, which I enjoyed because it actually gave me a better understanding of how

complex the issue I chose was. If I had to seek more information, I would try to speak to

people who can give me a first-hand account of the school to prison pipeline, such as a

student who was unfairly punished or maybe an interview with a school administrator

who dealt with zero-tolerance policies. I found that the lesson going over thesis-driven

outlines helped me a lot in terms of knowing where to go with my essay, as well as

being able to go over our progress with peers. It’s always nice to know that I’m not the

only one who feels a little lost with my project and I love giving and receiving

encouragement and feedback. Overall, this project taught me how to do (relatively)

extensive research and how to pace a longer essay than what I’m used to. I also

learned how to create a good thesis and how to synthesize a larger number of sources

together to support my thesis.