Pipeline to Prison : Discipline Policies and Trends Effecting Special Education in MS

Definitions:  Zero Tolerance is a series of cut-throat, discipline policies that have been enacted across the United States to enhance public school safety.  Zero Tolerance policies were originally generated to determine discipline routes for serious matters including drug abuse and bringing weapons to school. Policies have since then been loosely interpreted to apply to numerous, minor infractions that have lead to an increase in suspensions and expulsions (“Opportunities Suspended,” 2000).  Corporal Punishment is the use of physical force as a means of disciplinary action within a school building. Taking the form of paddling, it is permitted in 21 states and can be applied to a large spectrum of offenses- with some being as minor as chewing gum in the classroom (“Corporal Punishment,” 2009).  Across the country, students with emotional disabilities are three times more likely to be arrested before leaving high school than the general population. (“Pipeline to Prison,” 2014).

Zero Tolerance Impacts Special Education  1997: IDEA is amended to establish safeguard for students with disabilities against unjust disciplinary actions. This was to ensure that the disabilities were taken into consideration when evaluating the student misbehavior.  Despite the modifications, many incidents have been cited in which the a special education student is illegally treated unfairly and both parents and students are unaware of the services and rights available to them. Bellow, the Civil Rights Project highlights two specific examples:  “An autistic child hit a teacher. The child was expelled and charged with battery, which is a third degree felony.”  “A ten year old child with a severe case of Attention Deficit Disorder was talking on the school bus and was told by the bus aide to be quite or a written report would be filed. The child kicked the aide; he was arrested and charged with battery.” (“Opportunities Suspended,” 2000)

Corporal Punishment and Special Education Students  Special Education students are subject to corporal punishment, even if their disability may have been the source of misbehavior/misconduct.  One example cites, “Johnny McPhail, the father of a girl with autism in Mississippi, observed that “an autistic child never forgets a paddling. They have total recall; programming needs to be the same. If you hit her, she’d be hitting, it’s hard to talk her out of it.” (“A Violent Education,” 2009)

FACTS  Zero Tolerance policies reverse the psychological development necessary for students to build strong and trusting relationships with their adults and peers. Along with the loss of educational opportunities, students develop an unfair view of justice.  One in three students arrested have a disability with many of them ranging in a variety of emotional disabilities. (“Pipeline to Prison,” 2014).  In 2013, a report generated by nonprofit organizations in Mississippi examined that public schools in the state were utilizing vague language in their disciplinary policies, further enabling extreme discipline. Language including phrasing such as, “any action which is deemed disorderly conduct or misconduct” allows for students to fall under the disciplinary jurisdiction of zero tolerance policies. Students with emotional and behavioral disabilities have encountered extreme discipline in situations where school police officers have also utilized Taser guns. (Mader and & Butrymowicz, 2014)

Facts  Many students in MS lack access to pre-kindergarten. This is a critically time for a child to be properly screened and potentially diagnosed for a disability.  In MS, only an average of seventeen percent of students receive a screening for developmental or behavioral problems. During the school year, just 23 percent of special education students earned a high school diploma.  The issues with special education also stem from the fact that there is a severe shortage of qualified special education teachers. This leads to an increased number of suspensions for special education students who are not adequately dealt with and ultimately ending up in an alternative school with no way back to an inclusive environment. (“Pipeline to Prison,” 2014).

Conclusion  Discipline policies and trends have negatively impacted students with disabilities and continue to deter access to special education. With increased rates in suspension and expulsion, the disproportionate use of zero tolerance policies and corporal punishment for students with disabilities begs the question of whether or not special education students do in fact have access to a non-discriminate education in MS.  The state of MS has recently elected a new alternative in which special education students may enroll in private schools if they feel their current public institution does not have adequate special education services. These enrollments will be covered by the state.

References American Civil Liberties Union. (2009). A Violent Education: Corporal punishment of Children in U.S. public schools. Retrieved from /humanrights/aviolenteducation_execsumm.pdf Kang-Brown, J., Trone, J., Fratello, J., & Daftary-Kapur, T. (2013, December). A Generation Later: what we’ve learned about zero tolerance in schools. Retrieved from schools-policy-brief.pdf L., D. (n.d.). Building schools where kids learn: what is the best option. Retrieved from Mader, J., & Butrymowicz, S. (2014, October 26). Pipeline to Prison: special education too often leads to jail for thousands of American children. Retrieved from prison-special-education-often-leads-jail-thousands-american- children/ The Civil Rights Project. (2000). Opportunities Suspended: The Devastating Consequences of Zero Tolerance and School Discipline. (The Civil Rights Project. (2000). Opportunities Suspended: The Devastating Consequences of Zero Tolerance and School Discipline. UCLA: The Civil Rights Project / Proyecto Derechos Civiles. Retrieved from: The Hechinger Report. (2014). Pipeline to Prison: Special education too often leads to jail for thousands of American children. Retrieved from The Hechinger Report. (2015). Mississippi special education bill passes that opponents say will create “puppy mills for children.” Retrieved from children/