As a society, we adhere to the basic premise that, in the proper setting, children will learn what they are taught. And it follows that in learning to become positive and involved adults, children need to be encouraged and supported in their school environments.
We should all be alarmed, then, at some of the lessons we're teaching children in schools today. In this age of metal detectors, police in schools, and overly punitive zero-tolerance policies, our children are learning that any small infraction, even , can subject them to expulsion or possibly even a criminal record. Perhaps worst of all, today's schoolchildren are seeing their peers of color and peers with disabilities subjected to punishment at starkly disproportionate rates, perpetuating a lifetime of inequities.
Here are a few facts about punishment in schools today. American students are suspended and expelled at almost . Suspensions, expulsions, and arrests have resulted from misbehavior as minor as breaking a pencil or . suggests that experiencing overly punitive discipline in school increases the likelihood of a student dropping out of school — a phenomenon known as "school pushout." Research also indicates that punitive zero tolerance policies have increased referrals to the juvenile justice system for infractions once handled in the schools. These increased referrals produce an increased number of young adults with records, which make it hard to secure everything from student loans to housing.
Moreover, there is a shockingly high level of discrimination in the application of these harsh punishments. According to the Southern Poverty Law Center, African-American students are three times more likely to be suspended and 3.5 times more likely to be expelled than white students, and Latino students are 1.5 times more likely to be suspended and twice as likely to be expelled than white students. Students with disabilities are twice as likely to be suspended and expelled as students without disabilities.
The ACLU is working at the state and federal levels to implement more effective, evidence-based disciplinary policies that will make our schools safer and keep kids in the classroom. Recently, the ACLU signed on to the Dignity in Schools Campaign's (PDF) for ending school pushout. This resolution, which is being released today, is intended to confront the factors that contribute to pushing youth out of schools. The resolution also provides recommendations to promote positive school climates and alternative approaches to discipline as essential elements for ending this crisis in our schools.
One such solution to the crisis lies in a federal bill pending in the House of Representatives. The ACLU, in conjunction with other civil rights and educational organizations, has been working to support (PBSESA). The bill, introduced by Representative Phil Hare (D-Ill.) would give schools the tools they need to improve learning environments. The PBSESA would enable schools to use federal funds to implement evidence-based approaches, such as positive behavior supports (PBS) — a process proven to reduce discipline referrals, support improved academic outcomes, and improve school safety.
Over 9,000 U.S. schools are currently implementing PBS and seeing improved academics and reduced misbehavior as a result. For example, an elementary school in Illinois decreased its suspensions by 85 percent and improved its students' test scores after just two years of implementing PBS. This paradigm has successfully reduced misbehavior, suspensions and expulsions in schools around the country by communicating expectations of students, teaching better decision-making skills, and rewarding good behavior.
There is a valuable lesson here. Far too many students — especially students of color and children with disabilities — are being denied educational opportunities because they are pushed out of school by overly negative environments and harsh disciplinary measures that undermine their learning. Evidence shows that there is, and can be, another way to promote positive school climates. It's time to teach and treat our children well.
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News & CommentaryDec 2024
Human Rights
Failed War on Drugs Policies Won't Stop the Overdose Crisis, But Harm Reduction Can Save LivesFailed War on Drugs Policies Won't Stop the Overdose Crisis, But Harm Reduction Can Save Lives
Research shows extensive benefits from syringe exchange and other harm reduction programs. But misguided efforts to ban common sense care continue. -
News & CommentaryDec 2024
Racial Justice
Human Rights
Why the Fight for Racial Justice is a Human Rights IssueWhy the Fight for Racial Justice is a Human Rights Issue
On International Human Rights Day, the ACLU is advocating for a long-sought after reparatory justice to end the continued abuses against Black and brown communities. -
Press ReleaseOct 2024
Human Rights
Free Speech
Universities Should Protect Students’ Right to Protest, End Crackdown on Peaceful ProtestsUniversities Should Protect Students’ Right to Protest, End Crackdown on Peaceful Protests
WASHINGTON – College and university presidents across the U.S. need to respect and protect the right to protest in support of Palestinian rights the American Civil Liberties Union, Amnesty International, and Human Rights Watch said today in an open letter. For months the organizations have raised concerns about the potential use of unlawful force when university administrators call in law enforcement officers to break up demonstrations on campus. This new letter comes after reports of heavy-handed and excessive force by some campus police and local law enforcement against peaceful protests and encampments across the country. The groups provide recommendations for colleges and universities to ensure they protect the right to protest on their campuses. The organizations also urge university administrations to refrain from taking any further measures to suppress student protests on campus, including stopping the use of so-called less lethal weapons and ensuring that coercive police power is used only as a last resort, among other recommendations. “Universities are responsible for protecting both physical safety and free expression on campus,” said Jamil Dakwar, director at the ACLU’s Human Rights Program. “It’s deeply concerning to see universities needlessly expose students to police violence for peacefully expressing their political opinions. We’re urging schools once again to exercise restraint, practice de-escalation, and protect free speech and dissent on campus.” Preliminary analysis by Amnesty International’s Digital Verification Corps has identified at least 174 photos, videos, or social media posts from 20 universities of potential excessive use of force by law enforcement under international law that merits further investigation. This includes 17 universities where chemical irritants such as pepper spray appear to have been used against student protesters, and 11 universities where officers appear to have responded to protests armed with kinetic impact projectiles such as rubber bullets. The results of this use of force by law enforcement agencies have been devastating, including media-verified reports of severe injuries such as bleeding puncture wounds, head injuries, broken teeth, and suspected broken bones, most notably at the University of California Los Angeles, Columbia University, and the City College of New York. The Digital Verification Corps also documented at least 10 other universities where photos or videos capture potential injuries to students. It found that half of the incidents involving injuries under investigation appear to be the result of chemical irritants. “The information we have gathered on excessive use of force against student protesters is extremely worrisome and we are still in the beginning of our investigation,” said Justin Mazzola, researcher with Amnesty International USA. “With the continuation of the Israeli military’s assault on Gaza and the risk of US complicity through the sending of weapons, campus protests in favor of stopping the violence and destruction will continue. Universities have a responsibility to protect academic freedom and the rights to freedom of expression, and to peacefully protest, and we will be watching to ensure they do.” The ACLU, Amnesty International, and Human Rights Watch are not alone in their concern. The Inter-American Commission on Human Rights, the United Nations High Commissioner for Human Rights, and several UN experts, including the UN special rapporteur on the right to education, have criticized the violent crackdown on peaceful demonstrators by law enforcement and disciplinary measures against students exercising their rights to peaceful assembly and freedom of expression. All higher education institutions, even private colleges and universities, where the First Amendment is not applicable, have a responsibility to respect the right to freedom of peaceful assembly under international law. “Instead of resorting to police action that both shuts down free speech and heightens the risk of injuries, universities need to do more to protect student speech from violence and intimidation, and actively ensure that peaceful student expression continues without interference,” said Tanya Greene, director of the US program at Human Rights Watch. As the letter explains, the ACLU, Amnesty International USA, and Human Rights Watch are conducting research and analysis of how campus administrators are responding to student protests. They urge universities to fulfill their human rights responsibilities by facilitating protests and ensuring that all students' rights to freedom of expression and peaceful assembly, regardless of viewpoint, is respected. A comprehensive joint report on this issue is slated to be released by the ACLU and Amnesty International USA in the coming months. The open letter is available here: /documents/letter-to-universities-student-protesters -
News & CommentaryOct 2024
Immigrants' Rights
Human Rights
Three Ways the Media Introduces Bias to the Immigration DebateThree Ways the Media Introduces Bias to the Immigration Debate
Ahead of the election, we examined how political ads and news media stories depict the immigration debate as more negative than it may be.