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Saving the Nation's Expendable Children: Amending State Education Laws to Encourage Keeping Students in School
Author(s) -
Rodriguez Courtney Marie
Publication year - 2013
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/fcre.12044
Subject(s) - sanctions , expansive , misconduct , state (computer science) , law , discretion , school discipline , criminology , political science , law enforcement , discipline , psychology , reasonable suspicion , materials science , compressive strength , supreme court , algorithm , computer science , composite material
Disciplinary codes are designed to govern the behavior of millions of students attending U . S . public schools. As currently implemented, a great majority of these codes afford school personnel expansive, if not full, discretion to impose any sanction they deem appropriate in response to a student's alleged misconduct. Suspension and expulsion are two frequently used exclusionary sanctions that result in a large group of students who are pushed out of their learning environments around the nation on a daily basis. These detrimental exclusionary punishments have been increasingly used to address minor misbehavior rather than be reserved solely for serious offenses. This Note will describe the harmful implications currently associated with suspending and expelling children as a means to address misbehavior in school. This Note will then propose that all states amend their current education laws to limit infractions that may be punishable by suspension and/or expulsion exclusively to felonies as well as discuss practical alternatives schools should consider as a response to student misconduct. Implementation of this proposal would minimize the high rate of children being removed from their classrooms and would ultimately heighten the opportunity for children to learn.