New York Law School

Criminalization over Education: The Disproportionate Enforcement of Truancy Punishments and Suspensions on Low-Income and Black Youth

Around the country school systems have criminalized truancy, encouraging their counties to penalize students that miss too many days of school with fines, court fees, and in some cases even charging them, their parents, or their guardians with misdemeanors and pursuing jail time. These punishments often put an already struggling low-income family in an even deeper economic hole. Additionally, many school systems are attempting to remedy their student’s minor behavioral issues with out-of-school suspensions. This removal from the classroom causes students to miss out on valuable instructional time, resulting in students lagging behind their classmates due to a lack of understanding for the materials covered during their suspensions. Furthermore, a substantial amount of these suspensions are being sought for even the most inconsequential of incidents and school infractions. However, these truancy punishments and out-of-school suspensions are being pursued and enforced disproportionately against low-income and Black children with absolutely no regard for the long-term consequences of these actions.

The disproportionate enforcement of harsh disciplinary measures against low-income and Black youth is ground zero for what has been called the “school-to-prison pipeline.” The ACLU defines the school-to-prison pipeline as ”…policies and practices that push our nation’s schoolchildren, especially our most at-risk children, out of classrooms and into the juvenile and criminal justice system. This pipeline reflects the prioritization of incarceration over education.” In order to reverse this trend, school systems must come to the realization that truancy and behavioral issues can be symptoms of more serious problems, rather than simple rebelliousness. In addition to being signs of a larger problem, much of this behavior is often age-appropriate, but deemed punishable due to racial discrimination. Read more

White Like Me

Did you ever see that 1984 Eddie Murphy sketch “White Like Me” from Saturday Night Live? Murphy disguises himself as a white person and sees just how many rules don’t apply if your skin is paler. No collateral for a bank loan. Free food in restaurants. Even a free newspaper. Since 1984, we have elected an African American president, but, as Ta-Nehisi Coates so brilliantly argued in “The Case for Reparations,” black people are still being plundered in America. Here’s another example of how racism creeps into ordinary life as observed by a 65 year old white woman, me!

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