Unintended Consequences:
The Impact of "Zero Tolerance" and Other Exclusionary Policies on Kentucky Students

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New Report: Kentucky's "Zero Tolerance" Policies Disproportionately Suspend African-American Youth for Minor School Violations

Overuse of Suspension Contributes to Racial "Achievement Gap;" School Districts Urged to Develop Alternatives to Out-of-School Suspension

"Unintended Consequences: The Impact of Zero Tolerance and other Exclusionary Policies on Kentucky Students" found in some school districts that African American youth are suspended two to seven times as frequently as white students for "board violations" such as "defiance of authority" or other class disturbances. The report found that there were 68,000 suspensions for school board violations in the 2000/01 school year alone. African- American students were also suspended two to 17 times as frequently as white students, depending on the school district, for "law violations" such as possession of drugs.

"In addition to the problem with suspensions, we found that many, many youth are being referred to Kentucky's courts for minor and mischievous behaviors that are not criminal," said co-author David Richart, Director of the National Institute on Children at Spalding University in Louisville. "Zero tolerance policies seem to be a back-door way of getting rid of certain student populations. When policies send a message to African American youth that they are disposable and less valuable, its no wonder that Kentucky is struggling with a dramatic achievement gap, " Richart said.

The report was designed to answer three questions: What is the scope of the juvenile crime problem in Kentucky's public schools? How have the schools reacted? Have any groups been disproportionately affected by school discipline policies. It was commissioned by the Building Blocks for Youth Initiative, a national campaign to promote a fair and effective youth justice system. The report was prepared by the National Institute on Children, Youth & Families at Spalding University in Louisville, KY; the Children's Law Center in Covington, KY; and the Youth Law Center in Washington, D.C. "This report is extremely timely," stated Russell Skiba, Associate Professor of Counseling and Educational Psychology at Indiana University. "Its major findings-that the vast majority of school disruption is non-dangerous, that school suspension tends to be overused for relatively minor disruption, and that the primary victims of school removal are African-American, are highly consistent with two recent national reports, and with research data going back twenty five years."

In addition to suffering higher rates of suspension, students (especially African Americans) are increasingly finding themselves referred to juvenile court for minor infractions at school. The report found that the overwhelming majority of referrals from schools to juvenile court are for the status offenses of truancy and being "beyond the reasonable control of the school." Between 75% and 80% of all school-initiated incidents referred to courts are for truancy, being beyond the reasonable control of the school, or other minor behavior problems. In contrast, the number of referrals for serious offenses is very small. Judges and court staff interviewed for the report suggested that the referrals for minor misbehavior are beginning to overwhelm Kentucky's juvenile courts.

"This report documents that our schools are suspending and even worse, locking up, school children for minor adolescent behavior that used to require a trip to the principal's office," stated Judith A. Brown, Senior Attorney at The Advancement Project in Washington, DC. "From the schoolhouse to the jailhouse they go, with little opportunity to learn. This is especially true for African-American youth."

The study recommends that Kentucky school administrators provide a safe environment for students, but not one that relies on harsh and inflexible "zero tolerance" policies. Instead, where student misconduct is alleged, school officials should exercise sound discretion that considers the individual student and the particular circumstances of the incident, the authors recommend. The report suggests that students should be removed from school by suspension or expulsion only as a last resort and administrators should develop alternatives to out-of-school suspension and expulsion to hold students accountable. School districts should insure that their disciplinary policies and practices do not fall disproportionately on youth of color.

An embargoed copy of "Unintended Consequences: The Impact of Zero Tolerance and other Exclusionary Policies on Kentucky Students" can be viewed at a private web location at: http://www.buildingblocksforyouth.org/kentucky, with the (case sensitive) username: kentucky and password: 1234blocks. The full report will be available to the public on February 20, 2003 at http://www.buildingblocksforyouth.org.

For more information on the report, contact Laura Jones and Natalia Kennedy at (202) 363-7847.