Impact of "Zero Tolerance" and Discretionary School Discipline Policies in Texas
Involvement in the criminal justice system can be viewed as a continuum
of entry points – from early school-based behavior problems that result in
suspensions, expulsions, or alternative school placements to more serious
law breaking and probation violations that can involve the juvenile justice
system and, ultimately, the adult penal system.
Texas Appleseed has spent the past year examining the School-to-Prison Pipeline in Texas and researching the link between discretionary
application of school discipline policies, school dropout and future involvement in the justice system.
Our report “Texas’ School-to-Prison Pipeline, Dropout to Incarceration: The Impact of School Discipline
and Zero Tolerance” (October 2007), documents that African American and special education students are overrepresented in referrals
to Disciplinary Alternative Programs (DAEPs) compared to their percentage in the overall school population. The data demonstrate that
where a child attends school, and not the nature of an offense, is the greater predictor of receiving a disciplinary referral.
Executive Summary
Full Report
Texas Appleseed examina el vinculo entre la politica de la disciplina escolar, tasas de abandono de estudio que
siguen incrementando, y "entradas" al sistema judicial juvenil. Hemos publicado el resumen ejecutivo de el primer reporte sobre
el Camino de la Escuela a la Carcel y esta disponible para descarga. Para obtener una copia
del resumen ejecutive en espanol, haga clic
agui.
Latest News
- Texas Appleseed is presenting its School-to-Prison Pipeline findings to organizations and community groups around the state—including staff
in Houston and Austin independent school districts engaged in a review of their school discipline policies.
- Texas Appleseed is entering Phase II of the School-to-Prison Pipeline Project, focusing on Juvenile Justice Alternative
Programs, the courts and ticketing on school campuses.
Project Background
Numerous studies by national experts in the field of education, criminal justice and mental health have established
a link between school dropout rates and incarceration. As a natural progression in its juvenile justice work, Texas Appleseed
teamed with nine pro bono law firms, coordinated by lead pro bono partner Vinson & Elkins LLP, to research the Texas’
School-to-Prison Pipeline. Major findings included:
In Texas, Disciplinary Alternative Education Programs have five times the dropout rate of mainstream schools.
Two-thirds of the students sent to DAEPs in Texas are referred at the discretion of school districts,
and are not mandatory removals under state law.
In Texas, 211 school districts disproportionately referred African American students to DAEPs for one or
more years between 2001 and 2006.
Although special education students represented 11 percent of the overall Texas public school population in 2005-2006,
they accounted for 22 percent of total annual DAEP referrals, 26 percent of out-of-school suspensions, and 21 percent of ISS
referrals per year.
Fourteen Texas school districts accounted for about 85 percent of referrals of 500 pre-K and kindergarten children and
about 2,700 1st graders to DAEPs between 2001 and 2006. DAEPs are restricted by Texas law for children under age six unless
they are found carrying a gun to school.
Texas Appleseed’s report includes research-based models for effective school disciplinary programs and policy
recommendations to reduce the overall number of out-of-classroom disciplinary referrals and the over-representation of
minority and special education students in these referrals.
Among those recommendations are proposals for:
Improved transition from off-campus disciplinary programs to the regular classroom for returning students,
Mandatory Texas Education Agency (TEA) oversight of Disciplinary Alternative Education Programs, and
Required TEA notification of school districts that exceed the prior year’s statewide average for DAEP referrals
and suspensions, or are at high risk for over-referring minority and special education students for disciplinary action.
Texas Appleseed is also advocating increased state funding for expanded school-based mental health services.
Project Funders and Pro Bono Partners
This project would not have been possible without the hard work of an extensive network of nine pro bono partners led
by Scott Fletcher and Lizzie Pannill with Vinson & Elkins LLP. Making invaluable contributions were volunteers from the
following law firms: Ahmad, Zavitsanos & Anaipakos, P.C.; Denton, Navarro, Rocha & Bernal, PC; Escamilla & Poneck, Inc.;
ExxonMobil; Greenberg Traurig, LLP; Mayer Brown LLP; Patton Boggs LLP; and Weil, Gotshal & Manges LLP.
Texas Appleseed is grateful for the generous support of Houston Endowment and the Meadows Foundation, along with support
from the Simmons Foundation and the Harold Simmons Foundation.
2007 Major Accomplishments
Texas Appleseed released its report,“Texas’ School-to-Prison Pipeline, Dropout to Incarceration:
The Impact of School Discipline and Zero Tolerance.”
Texas Appleseed participated on a national panel addressing the School-to-Prison Pipeline issue at a conference hosted by Howard
University and civil rights groups.
Texas Appleseed presented its research findings to Austin and Houston school districts as part of their
reexamination of school disciplinary policies.
Reports & Publications
Texas' School-to-Prison Pipeline, Dropout to Incarceration: The Impact of School Discipline and Zero Tolerance Report:
Executive Summary
Executive Summary in Spanish
Full Report
Texas' School-to-Prison Pipeline: Dropout to Incarceration How School Discipline Policies Impact Future Involvement
in the Criminal Justice System
Texas Appleseed, 2008 Powerpoint Presentation
Data tables used to compile this report:
Statewide Profile of Disciplinary Referrals of Special Education Students, 2005-06
Overrepresentation of Minority Students in Discipline Referrals, 2005-06
Overall DAEP Referral Rates by School District, 2001-6
Districts with Discretionary Disciplinary Referrals
for Pre-K, K & 1st Grade Students, 2001-06
Districts with High Percentage of Discretionary Referrals of
Minority and Special Education Students to OSS, 2001-06
Districts with High Percentage of Discretionary Referrals of
Minority and Special Education Students to DAEPs, 2001-06
Districts with High Percentage of Discretionary Referrals of
Minority and Special Education Students to ISS, 2001-06
Overall OSS Referral Rates by School District, 2001-06
Overrepresentation of Minority and Special Education Students,
in Discretionary Referrals to DAEPs, 2001-06
Overall ISS Referral Rates by School District, 2001-06
Overall OSS Referral Rates by School District, 2001-06
Overrepresentation of Minority and Special Education
Students in Discretionary Referrals to ISS, 2001-06
Overrepresentation of Minority and Special Education
Students in Discretionary Referrals to OCS, 2001-06
Statewide Discretionary & Mandatory Referrals, by
Category of Offense, 2001-06
Statewide Enrollment & Overall Disciplinary Referral Rates, 2001-06
Statewide Discretionary vs.Mandatory DAEP Referrals, 2001-06
Media Coverage
"
Editorial: Texas' Pipeline to Youth Prison"
The Dallas Morning News,
March 24, 2008
"Prison track: Texas Has to Make Schools Safe for Learning
Without Turning Misbehaving Students into Criminals"
Houston Chronicle,
November 23, 2007
"Report Critiques How Texas Districts Send Students to Alternative Schools"
Austin American Statesman,
October 19, 2007
"New Texas Appleseed Report: School Discipline Reforms Needed To
Help Dismantle Texas' School-To-Prison Pipeline"
Press Release, Texas Appleseed,
October 18, 2007
"Disciplinary Policy in Texas Schools Raises Concerns"
NPR,
June 26, 2007
"Counsel Assist With Report That Alters Education Code"
Texas Lawyer,
June 11, 2007
Links
Are Zero Tolerence Policies Effective in the Schools?" An Evidentiary
Review and Recommendations
The American Psychological Association Zero Tolerance Task Force, 2006
Report on the Legal Needs of Harris County Children
American Bar Association,Children's Rights Litigation Committee, 2004
Photo Gallery
"two-thirds of children sent to DAEPs have committed nonviolent offenses, yet their dropout rate is 5x those of children in mainstream programs." "once students are sent to a Disciplinary Alternative Education Program, they are at greater risk of dropping out of school..." "This issue is particularly critical for poor ethnic minorities and special education students who are overrepresented in school discipline programs." "While it's true that not all dropouts end up in prison, two-thirds of Texas' inmates are high school dropouts." "It is important to examine the overall impact of school discipline policies to make sure that we are not making a bad problem worse."
--Intercultural Development Research Assoc. (IDRA)
"two-thirds of children sent to DAEPs have committed nonviolent offenses, yet their dropout rate is 5x those of children in mainstream programs."
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