COMMENT: From Mainstreaming to Marginalization?—  IDEA’s de Facto Segregation Consequences and Prospects for Restoring Equity in Special Education

COMMENT: From Mainstreaming to Marginalization?— IDEA’s de Facto Segregation Consequences and Prospects for Restoring Equity in Special Education

Kerrigan O’Malley *

Some judicial opinions are so iconic in their sentiment and pervasive in their reach as to become imprinted on the nation’s collective conscience. Such is the case with these words from Chief Justice Warren in the Supreme Court’s 1954 Brown v. Board of Education decision, holding that racially segregated educational facilities violate an individual‘s rights under the Fourteenth Amendment‘s Equal Protection Clause. In the broader context, these words represent an enduring aspiration that continues to inform policy and signals the need for course correction when legal or judicial discourse strays from equality principles.

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COMMENT: From Mainstreaming to Marginalization?—  IDEA’s de Facto Segregation Consequences and Prospects for Restoring Equity in Special Education

Restorative Practices: Righting the Wrongs of Exclusionary School Disclipline

Marilyn Armour *

Schools are beset with complex challenges in their efforts to educate students. The tough policies created to ensure safe learn-ing environments appear to be increasingly ineffective, generating racial disproportionality in discipline, academic failure, high dropout rates, and a clear school-to-prison pipeline. The drive to meet the standards on state or national tests have generated pressure-cooker classrooms with little time for students who need more attention or for addressing students‘ emotional or social needs. A growing number of sources suggest that some of these conditions are exacerbated by a lack of teacher preparation in student management, lack of training in culturally competent practices, and gaps in familiarity between students and teachers that reinforce okay-racial stereotypes. Much of this fallout predictably and disproportionately affects economically disadvantaged African American and Hispanic students.

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* Director, Institute for Restorative Justice and Restorative Dialogue. Ph.D., School of Social Work, The University of Texas at Austin.

COMMENT: From Mainstreaming to Marginalization?—  IDEA’s de Facto Segregation Consequences and Prospects for Restoring Equity in Special Education

Sexualization, Sex Discrimination, and Public School Dress Codes

Meredith Johnson Harbach *

If you follow social media, you may have noticed the rash of reporting on battles over public school dress codes and their effects on and implications for girls. Complaints have been registered across the country, including here in Virginia. For example, in September 2014 at the Maggie Walker Governor’s School, administrators announced over the PA system that school officials would be performing a shorts-length spot check. Any girls found to be in violation of the rule would be forced to change; if ten girls broke the rule, all girls would be banned from wearing shorts for a day.

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* Associate Professor, University of Richmond School of Law. Thanks to Kimberly Jenkins Robinson for helpful comments during the drafting of this paper, and to John O‘Malley for research assistance. I also thank John Hogan and the editorial staff of the Richmond Law Review for their excellent work on this piece during the editing process.

COMMENT: From Mainstreaming to Marginalization?—  IDEA’s de Facto Segregation Consequences and Prospects for Restoring Equity in Special Education

Over-Disciplining Students, Racial Bias, and the School-to-Prison Pipeline

Jason P. Nance *

Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children for disruptive behavior. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based arrests to discipline students for violations of school rules. For example, from the 1972–73 school year to the 2009–10 school year, the number of students expelled or suspended from secondary schools increased from one in thirteen to one in nine. Between 1974 and 2012, the number of out-of-school suspensions increased nationally from 1.7 million to 3.45 million. There is also substantial evidence that referrals to law enforcement and school-based arrests have significantly in-creased in recent years. 

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* Associate Professor of Law, Associate Director of Education Law and Policy, University of Florida Levin College of Law. I thank the participants of the University of Richmond Law Review’s Allen Chair Symposium on School Inequality for their helpful comments on this topic. I also thank Samanta Franchim, Anthony Kakoyannis, and Laura Liles for their outstanding research assistance. Finally, I thank the University of Richmond Law Review for organizing this symposium and for their editorial help.

 

COMMENT: From Mainstreaming to Marginalization?—  IDEA’s de Facto Segregation Consequences and Prospects for Restoring Equity in Special Education

Equity in American Education: The Intersection of Race, Class, and Education

Pamela J. Meanes *

A fourteen-year-old Henrico County girl faces assault and battery charges because she threw a baby carrot at one of her former teachers. School disciplinary documents allege the baby carrot was used as a weapon. A Huron High School student threatens to do ?chopper rounds? in his hallway. An Ames, Iowa middle school student brings a BB gun to school. A sixteen-year-old Minnesota Harding High School student told St. Paul police that he brought a loaded gun to class to protect himself from a gang.

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* Partner, Thompson Coburn, LLP; President, National Bar Association 2014–15. J.D., University of Iowa; M.A., Clark Atlanta University; B.A., Monmouth College.

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