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Open Access. Powered by Scholars. Published by Universities.®

2018

University of Nevada, Las Vegas -- William S. Boyd School of Law

Dispute Resolution and Arbitration

Zero-tolerance

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Full-Text Articles in Law

Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, Lydia Nussbaum Jan 2018

Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, Lydia Nussbaum

Scholarly Works

Zero-tolerance school disciplinary policies stunt the future of school children across the United States. These policies, enshrined in state law, prescribe automatic and mandatory suspension, expulsion, and arrest for infractions ranging from minor to serious. Researchers find that zero-tolerance policies disproportionately affect low-income, minority children and correlate with poor academic achievement, high drop-out rates, disaffection and alienation, and greater contact with the criminal justice system, a phenomenon christened the "School-to-Prison Pipeline."

A promising replacement for this punitive disciplinary regime derives from restorative justice theory and, using a variety of different legal interventions, reform advocates and lawmakers have tried to institute …