Special Education and the School-to-Prison Pipeline

The following is an excerpt from an article written in 2014:

GRENADA, Miss. - Cody Beck was handcuffed in front of several classmates and put in the back of a police car outside of Grenada Middle School. Cody had lost his temper in an argument with another student, and hit several teachers when they tried to intervene. He was taken to the local youth court, and then sent to a mental health facility two hours away from his home. Twelve days later Cody was released from the facility and charged with three counts of assault (Butrymowicz et. al, para 1).

Cody, a 12 year old Black boy, had been diagnosed with bipolar disorder long before his arrest and had an IEP in place (Butrymowicz et. al, 2014). Despite this, Cody was not permitted to return to school and was instead placed into a juvenile detention center (Butrymowicz et. al, 2014). Unfortunately, events such as this are not uncommon for BIPOC students within the special education system, especially for Black males (Losen, 2002). EBD students like Cody are three times more likely to be arrested before leaving high school than those in general education for incidents provoked by their emotional disorders (Butrymowicz et. al, 2014).This statistic is jarring and is evident of our country’s predisposition to assume danger when one displays signs for a mental affliction.

Nationwide, Black and Hispanic people are far more likely to enter the criminal justice system than whites (Nellis, 2016). According to a 2018 Pew Research Center article, Black Americans represented 33 percent of the sentenced prison population, nearly triple their 12 percent share of the U.S. adult population, while whites accounted for 30 percent of prisoners, about half their 63 percent share of the adult population (Gramlich, 2020). Hispanics accounted for 23 percent of inmates, compared with their 16 percent share of the adult population (Gramlich, 2020). These numbers showcase how Black and Hispanic people are disproportionately represented in the US prison system. Within these statistics is a cross-over between Black and Hispanic people and disabled learners within the system. As of 2014, approximately 2 million people with mental illness were booked into jails each year, a large proportion of 2014’s 2.3 million total incarcerations (Butrymowicz et. al). Of these, the vast majority are Black and Hispanic (Nellis, 2016). These statistics indicate that there is a correlation between of racial bias and mental health stigma within the criminal justice system.

There are many reasons for why those with mental differences have become far more likely to be incarcerated, but one of these factors is the care that is given to a person from a very young age. It has been found that early childcare programs, such as preschool and kindergarten, have a positive effect on children’s long-term social and academic performances (Morrissey, 2019). Early child care helps kids directly and indirectly. In the classroom, children learn how to behave while working in a group setting. Outside of the classroom, early child care programs can provide access to health screenings, health care, and nutrition (Morrissey, 2019). They also provide opportunities for parents, such as the time needed to pursue additional employment or higher education (Morrissey, 2019). All of these have overall positive effects on children and help them transition into the next steps of their educational careers. Unfortunately, not everyone gets the privilege of early childcare. Low income families are often unable to afford quality, sustained childcare, and of these families, most are BIPOC (Fernandez, 2020). This is changing with increased access to Universal pre-K, but the gap is not yet closed (Fernandez, 2020). For children who are BIPOC and are unable to receive early childcare, behavioral issues are more likely to occur which could lead to later placement in special education (Butrymowicz et. al, 2014).

According to a 2013 PACER Center report, special needs children are jailed more often than their peers because teachers aren’t trained in how to manage kids who are insubordinate or disruptive (Butrymowicz et. al, 2014). Currently, disruptive behaviors are often treated with disciplinary measures such as suspension. According to estimates by the Office of Civil Rights (2012), “For many students with disabilities, suspensions are often the entry point in the pipeline to the criminal justice system. Statewide, more than 8,000 students with disabilities received an out of school suspension, and nearly half of those received more than one in the 2011-12 school year” (Butrymowicz et. al, para 19).

A large contributor to this inequality are “Zero Tolerance” policies which fail to take into account students with disabilities (Butrymowicz et. al, 2014). As Zero Tolerance is inflexible and uniform, schools can often suspend special education students at a higher rate, even when their actions are manifestations of their disability. In enacting such rigid policies, continued disturbances may escalate to even harsher punishments, which could eventually culminate into incarceration. As the statistics indicate, Black and Hispanic students in special education are far more likely to receive inadequate education and far more likely to enter the criminal justice system (Butrymowicz et. al, 2014).

Imprisonment is not the end result for everyone, but post-high school outcomes are not always optimal. For those who do not pursue higher education, which is a high likelihood for special education individuals, finding long-term employment is a struggle (Mader, 2014. As special education researcher and advocate Daniel Losen explains, “Among high school youth with disabilities, about 75 percent of Afican American students, as compared to 47 percent of white students, are not employed two years out of high school. Slightly more than half (52 percent) of African American young adults, compared to 39 percent of white young adults, are still not employed three to five years out of school. In this same period, the arrest rate for African Americans with disabilities is 40 percent, compared to 27 percent for whites'' (xxii).

College and career paths are difficult achievements for students within the special education system, and for those who are inducted into the criminal justice system, it is even harder. Due to the lack of equity in early childcare, inappropriate reactions to behavioral issues, and the lack of college and career preparation, special needs Black and Hispanic students have even less of a chance as students within general education to avoid incarceration and pursue college and career paths. It is extremely unfortunate to see how these statistics play out and create high-risk environments for those with learning disabilities. In the article entitled Conclusion Solutions: Racial and Socioeconomic Equity in Special Education, we will explore what changes need to be made to combat special education’s school-to-prison pipeline and create opportunities for those with special education.

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References

Butrymowicz, Sarah et al. Pipeline to Prison: Special education too often leads to jail for thousands of American children. (2014, October 26). The Hechinger Report. https://hechingerreport.org/pipeline-prison-special-education-often-leads-jail-thousands-american-children/.

Fernandez, M. (n.d.). Racial inequities in education can start as early as preschool. Axios. Retrieved December 10, 2020, from https://www.axios.com/racial-inequities-education-preschool-5e846c20-4fad-4396-a106-d22ed75974ae.html.

Gramlich, John. NW, 1615 L. St, Suite 800Washington, & Inquiries, D. 20036USA202-419-4300 | M.-857-8562 | F.-419-4372 | M. (n.d.). Black imprisonment rate in the U.S. has fallen by a third since 2006. Pew Research Center. Retrieved December 10, 2020, from https://www.pewresearch.org/fact-tank/2020/05/06/share-of-black-white-hispanic-americans-in-prison-2018-vs-2006/.

Losen, Daniel J. and Gary Orfield. Racial Inequity in Special Education. Harvard Education Press. 2002.

Morrissey, Taryn. The Effects Of Early Care And Education On Children’s Health | Health Affairs Briefs. (n.d.). Retrieved December 10, 2020, from https://www.healthaffairs.org/do/10.1377/hpb20190325.519221/full/.

Nellis, Ashley. The Color of Justice: Racial and Ethnic Disparity in State Prisons. (n.d.). The Sentencing Project. Retrieved December 10, 2020, from https://www.sentencingproject.org/publications/color-of-justice-racial-and-ethnic-disparity-in-state-prisons/.