Behavior in school

School
discipline
feeds the
“pipeline
to
prison”
As school discipline moves
from the principal’s office to the
courthouse, children are poorly
served.

By Deborah Fowler

14 Kappan October 2011 Thinkstock/iStockphoto

 Comments? Like
Kappan at www.
facebook.com/pdkintl

Schools in Texas and across the the nation’s public schools from the
country historically have been safe 1950s to the present (Rubel, 1978).
places for teachers to teach and stu- However, extensive publicity surround-
dents to learn, even before it became ing very isolated incidents of horrific
routine to assign police officers to pa- school violence, such as the Columbine
trol public schools and for some larger High School shootings, succeeded in
districts to create their own police de- intensifying those fears — leading to
partments (Cornell, 2006). But, ever an expansion of school-based policing
since “The Blackboard Jungle” became and zero tolerance discipline. In Texas,
a major motion picture more than common school misbehavior and such
50 years ago, popular media has fed minor offenses as class disruption have
public concerns about juvenile delin- been criminalized, with thousands of
quency, “youth predators,” and out- students — some as young as age 6 —
of-control school crime. receiving Class C misdemeanor tick-
Those fears are not supported by ets each year for minor misbehavior
available state and national crime data, at school that used to mean a trip to
which document very few incidents of the principal’s office (Fowler, 2011).
youth violence involving weapons in The historical reality is that America’s
DEBORAH FOWLER ([email protected]) is deputy director of Texas Appleseed, Austin,
Texas.

V93 N2 kappanmagazine.org 15
 public schools are very safe, even those in high-crime of the offense, determines the likelihood of
neighborhoods. Yet, school discipline is becoming in- disciplinary action.
creasingly punitive, raising serious questions about its • Discretionary school decisions to suspend,
impact on students, schools, and the courts. expel, refer to an alternative school, and/
In Texas and in many other states, school disci- or issue a Class C misdemeanor ticket for
pline has increasingly moved from the schoolhouse nonviolent misbehavior disproportionately
to the courthouse. Texas Appleseed, part of a net- affects African-American and special education
work of public interest law centers in 16 states and students.
Mexico City, spent three years researching how • Young children are caught in Texas’ school-to-
schools’ discretionary decisions to suspend, expel, prison pipeline.
and/or criminalize student misbehavior contrib- • Though good information is readily available
ute to student push out, dropout, and ultimately to about research-based programs that have
what researchers call the “school-to-prison pipeline” proven successful in reducing disciplinary
(Fowler, 2007). problems and improving academics, few
districts are implementing such programs.

The single greatest predictor School disciplinary practices clearly can have un-
intended consequences. Many states, such as Texas,
of future involvement in the juvenile are experiencing a paradigm shift toward criminal-
system is a history of disciplinary izing student misbehavior and outsourcing the con-
sequences for student misconduct from the princi-
referrals at school. pal’s office to the courts (Turner & Goodner, 2010).
While the pendulum has yet to swing back in Texas,
pressure is growing to reexamine the impact of zero
According to a study by the Public Policy Research tolerance discipline and begin to adjust course.
Institute at Texas A&M University (2005), the single
greatest predictor of future involvement in the ju- Low-level offenses
venile system is a history of disciplinary referrals at In Texas, students are disciplined largely at the
school. Those findings include: discretion of school districts, although state law does
mandate specific disciplinary action in the most seri-
• Holding all other risk factors statistically
ous cases. According to the Texas Education Agency,
constant, students involved in one or more
in the 2009-10 school year, 68% of student refer-
disciplinary incidents were 23.4 times more
rals to disciplinary alternative schools were discre-
likely to be referred to the juvenile justice
tionary, as were 72% of all student expulsions from
system.
Texas schools. Most student removals from the regu-
• Each additional disciplinary infraction
lar classroom were for disruptive behavior where no
increased that likelihood by 1.5%, and each day
injury or weapon was involved. Unfortunately, the
a student was suspended from school increased
lack of quality instruction and tutoring at in-school
the probability of referral to the justice system
suspensions and alternative disciplinary programs
by 0.1%.
means that at-risk students fall even further behind
• Numerous studies by national experts in
academically, making future disciplinary problems
education, criminal justice, and mental health
and alienation from school more likely, according to
have established a link between school dropout
reviews of several Texas school districts (Legislative
rates and incarceration. In Texas and nationally,
Budget Board, 2011a, b, c, d).
high school dropouts constitute a large
The wide variation of disciplinary practices among
percentage of inmates in juvenile and adult
schools and districts indicates that where a child at-
prisons (Dillon, 2009).
tends school — not the nature of the misbehavior — is
While every student must be held accountable for the primary factor in whether a student will face disci-
his or her behavior in the classroom, Appleseed’s re- plinary action. For example, in 2008-09, more than 30
search into Texas public schools’ discretionary ap- Texas school districts referred students to disciplinary
plication of a range of student discipline uncovered alternative schools at two to five times the state aver-
some disturbing patterns: age (Fowler, 2010, p. 3). The year before, Texas aver-
aged two expulsions for every 1,000 students; almost
• Wide variation in disciplinary referral rates half of Texas’ 1,257 school districts did not expel any
between school districts suggests that where students that year — while others expelled far more.
a student attends school, and not the nature For example, Waco ISD expelled 13 for every 1,000

16 Kappan October 2011

students, and Aldine ISD expelled 12 for every 1,000
students (Fowler, 2010, p. 26).
The wide variation in disciplinary referral rates
should trigger some probing by high-referring
school districts to determine root causes and whether
there is a need for additional behavioral supports,
training, or other strategies to reduce the number
of students removed from the classroom. Nowhere
is this more critical than when the court system be-

Matt’s story
Youth who are disciplined or court-
A ground-level view
involved are at increased risk of
dropping out and becoming involved in Matt (not his real name) first encountered the juvenile
justice system not long after he started school. In special
the juvenile justice system.
education since kindergarten, Matt had a Behavioral In-
tervention Plan that took into account his aversion to be-
ing touched and outlined alternative ways to address his
comes involved in student discipline. In 2009, about misbehavior. When Matt was 10, a teacher grabbed him
275,000 nontraffic-related Class C misdemeanor
by the shoulder after he refused to obey her directions.
tickets were issued to young people in Texas. Many
Matt kicked the teacher and was arrested for assault
of these were issued by school police officers for dis-
orderly conduct, disruption of class, disruption of on a public servant, a felony, and placed on probation.
transportation, and truancy.
Matt had several probation violations for truancy after
The misbehavior triggering most tickets is not new
that incident. His mother reported that when a teacher
to public schools. What is new is that Texas stu-
dents are increasingly receiving misdemeanor tickets told him “not to come to school without his homework,”
for minor misbehavior, and being drawn into adult he took this statement literally and hid in the school bath-
municipal or justice of the peace court where they room — resulting in his being disciplined for truancy.
face fines of up to $500, community service, and a Matt’s mother repeatedly asked the school to test him for
criminal record (Fowler, 2010, p. 69). This practice mental health problems, but her requests were denied.
is not unique to Texas.
Ticketing patterns imitate those in more tradi- Matt’s parents divorced when he was in junior high, and
tional disciplinary referrals, discussed above. In 26 his behavior worsened. The boy went to live with his
school districts educating about a quarter of all Texas father, and his new school district reassessed him for
students, the variation in ticketing rates is dramatic special education services. As a result, he was referred
— ranging from less than 1% to a high of 11%. to the local Department of Mental Health and Mental Re-
Beneath this pattern of wide variation in disciplin- tardation for additional support. Unfortunately, just after
ary and ticketing rates among school districts is an he was referred, he was arrested for shoplifting and —
even more disturbing one: an overrepresentation because of his prior contact with the juvenile system —
of minority and special education students in every
Matt was committed to the Texas Youth Commission.
form of school discipline.
He spent a year there, and did not earn any high school
Disproportionate impact credits. Today, Matt is 17 and in the 9th grade, but reads
Texas Appleseed’s research found that African- at a 3rd-grade level. His mother hopes to find an alter-
American and special education students are consis- native school where her son can complete high school.
tently overrepresented in Texas schools’ discretion-
ary disciplinary decisions. This trend also holds true
in Class C ticketing. Overrepresentation of special
education students across the spectrum of disciplinary
referrals and court involvement was also identified;
African-American special education students were the
most highly overrepresented. Again, these patterns
have been identified in schools across the nation.
Studies show that the overrepresentation of Af-

V93 N2 kappanmagazine.org 17
 rican-American students in disciplinary referrals is also restricted by state law.
not related to a higher rate of misbehavior. They Perhaps even more disturbing, the Class C tick-
are referred for misbehavior that is both less seri- eting data compiled by Appleseed revealed that it
ous and more subjective in interpretation than white is not unusual for elementary school-aged children,
students. These disparities exist when controlling for including students 10 years old or younger, to receive
socioeconomic status. a Class C misdemeanor ticket at school. Though
Texas Appleseed’s earliest school-to-prison pipe- very few districts were able to break out data by age
line research identified 211 Texas school districts or school level, more than one district reported that
disproportionately referring African-American stu- children as young as six had been ticketed. Over the
dents to Disciplinary Alternative Education Pro- six-year period for which Texas Appleseed received
grams (DAEPs) for one or more years between 2001 data, more than 2,000 Class C tickets were written
and 2006 — and almost a third of Texas’ school dis- to elementary school students. The overwhelming
tricts (or 412 districts) overrepresented special edu- majority of these tickets were written for disruption
cation students in their DAEP referrals. of class or disorderly conduct — not for behavior that
The same pattern holds true in expulsions from most adults might consider law breaking.
school. Special education students made up only 9% While the numbers are not high, disciplinary re-
of the student body statewide in 2009-10, but ac- ferrals of young children ought to prompt serious
review of a district’s disciplinary practices. Youth who
African-American students are are disciplined or court-involved are at increased risk
of dropping out and becoming involved in the juve-
referred for misbehavior that is both nile justice system. Early behavioral interventions
less serious and more subjective in for all children — but for the very youngest of our
students, in particular — should be meaningful and
interpretation than white students. reflect the best research in supporting positive be-
havior, and not simply a way to temporarily remove
counted for 20% of all expulsions to an alternative a problem student from the classroom.
education program that year. Our research found
that African-American students are overrepresented Reducing disciplinary referrals
in all categories of discretionary expulsions from Better options do exist, and a well-developed body
public school, but the greatest disparity — more of research supports programs or models that not
than double their representation in the total student only reduce the total number of disciplinary refer-
population — is in their expulsions for discretionary rals, but may also improve overall school culture and
nonviolent offenses that more subjective, such as “se- academics. One such program — schoolwide Posi-
rious and persistent” misbehavior in a Disciplinary tive Behavioral Interventions and Supports (PBIS)
Alternative Education Program. — is becoming an increasingly popular alternative
Statewide, African-American special education to zero-tolerance disciplinary models. Several states,
students are 3.5 times more likely to be sent to in- including Florida, Illinois, and Maryland, have cre-
school suspension; almost six times more likely to ated statewide PBIS initiatives, providing technical
receive out-of-school suspension; four times more assistance and support to schools and districts inter-
likely to be sent to a disciplinary alternative school; ested in the model.
and three times more likely to be expelled. PBIS is based on the proven model that children
perform best when they are explicitly taught what to
Disciplining young students do, when positive behavior is identified and praised,
Texas Appleseed also was surprised to learn of and when behavioral mistakes are corrected and met
the number of young children who receive disci- with effective consequences. Much like academic in-
plinary referrals that take them out of their regular struction, behavior is clearly defined, analyzed, and
classroom even as early as kindergarten. During the reinforced. Appropriate consequences are given
2008-09 school year, 90 kindergarten students and purposefully, driven by data to specifically change
456 1st graders were sent to a Disciplinary Alterna- identified behaviors. Emphasis is on preventing mis-
tive Education Program for discretionary, nonvio- behavior before it occurs, and celebrating positive
lent Student Code of Conduct violations. During behavior.
the same year, the Texas Education Agency sent no- PBIS trains teachers, administrators, and school
tices to three school districts that violated the state’s staff to respond deliberately to promote and rein-
ban on sending children younger than six to DAEP force positive behaviors and effectively redirect neg-
placements. Ten districts received notices after hav- ative behaviors. Districts and schools are trained to
ing expelled a child under the age of 10 — a practice consider their unique local needs and purposefully

18 Kappan October 2011

 Bottom line: There is no better place than the child-
Early behavioral interventions for all centered environment of a school for students to learn
how to handle frustration and manage the host of neg-
children — but for the very youngest
ative emotions that are part of growing up. That lesson
students, in particular — should is too important to leave to the courts. K

be meaningful and reflect the best

References
research in supporting positive
Cornell, D. (2006). School violence: Fears versus facts.
behavior. Mahwah, NJ: Lawrence Erlbaum.

Dillon, S. (2009, October 8). Study finds high rate of

respond to them. Schools are often able to integrate
imprisonment among dropouts. The New York Times, pp. A12.
existing curricula or programs into the PBIS model
so that expense is minimized. The emphasis is on en- Fowler, D. (2007). Texas’ school to prison pipeline: Dropout to
suring a robust disciplinary model that is responsive incarceration. Austin, TX: Texas Appleseed.
to the full continuum of students’ needs — from a
schoolwide focus on prevention, to tiered levels of Fowler, D. (2010). Texas’ school to prison pipeline: School
intervention for students who do not respond to the expulsion. Austin, TX: Texas Appleseed.
schoolwide programming alone. Fowler, D. (2011). Texas’ school to prison pipeline: Ticketing,
Results of PBIS reverberate throughout campuses. arrest, and use of force in schools. Austin, TX: Texas
PBIS schools report major improvements in aca- Appleseed.
demic performance, including on standardized tests
(Putnam, Horner, & Algozzine, n.d.), attendance, Legislative Budget Board. (2011a). Amarillo Independent
and school climate. This results in significant re- School District: A review of the student behavior management
ductions in disciplinary referrals, school-based dis- system. www.lbb.state.tx.us/Perf_Rvw_PubEd/Amarillo/
ciplinary actions (such as detentions or in-school Amarillo_ISD_SBMS.pdf
suspensions), off-campus disciplinary actions (such
Legislative Budget Board. (2011b). Dallas Independent School
as expulsions or placements in alternative schools),
District: A review of the student behavior management system.
and referrals to special education based on behav-
www.lbb.state.tx.us/Perf_Rvw_PubEd/dallas/Dallas_ISD_
ioral concerns.
SBMS.pdf
While schools across the nation are facing bud-
get shortfalls, PBIS pays off with increased student Legislative Budget Board. (2011c). Fort Bend Independent
attendance and significant cost savings from fewer School District: A review of the student behavior management
alternative placements. In Texas, as in many states, system. www.lbb.state.tx.us/Perf_Rvw_PubEd/fortbend/
school districts are paying significant amounts for Fort_Bend_ISD_SBMS.pdf
school-based policing — costs that likely could be
reduced by implementing PBIS, which also has been Legislative Budget Board. (2011d). Ingleside Independent
proven to increase school safety. School District: A review of the student behavior management
system. www.lbb.state.tx.us/Perf_Rvw_PubEd/Ingleside/
Conclusion Ingleside_ISD_SBMS.pdf
The cost of failing to provide meaningful, early be- Public Policy Research Institute, Study of Minority
havioral interventions at school is too great to ignore. Overrepresentation in the Texas Juvenile Justice System Final
Dropout and academic failure put youth on a path to Report (2005).
future criminal activity and justice system involve-
ment where whole communities pay the price. Edu- Putnam, R., Horner, R., & Algozzine, B. (n.d.). Academic
cators deserve the support and training they need to achievement and the implementation of schoolwide behavior
successfully manage challenging classroom environ- support. Positive behavioral interventions & support, 3, (1).
ments; however, responsibility for addressing school www.pbis.org/pbis_newsletter/volume_3/issue1.aspx
behavior problems extends beyond the classroom.
Rubel, R. (1978). Trends in student violence and crime in
The entire school community must work together
secondary schools from 1950 to 1975: A historical view.
to reinforce a transparent and well-understood disci-
Washington, DC: U.S. Department of Health, Education, and
pline policy. Discipline data, if collected and reviewed
Welfare.
regularly, can help schools evaluate whether an ap-
proach to student discipline is having the desired re- Turner, R.K. & Goodner, M. (2010). Passing the paddle:
sults. It is not an easy task, but advisors from the court Nondisclosure of children’s criminal cases. Austin, Texas: State
system and the community at large can help. Bar of Texas.

V93 N2 kappanmagazine.org 19