Addressing Racial Disparities in Preschool Suspension and Expulsion Rates

45 Pages Posted: 26 Oct 2018

See all articles by Amy Cyphert

Amy Cyphert

West Virginia University - College of Law

Date Written: 2015

Abstract

In 2014, the Department of Education's Office for Civil Rights published data for the first time that tracked preschool suspension and expulsion rates. The data was startling: not only were preschoolers being suspended and expelled, something that surprised many readers on its own, they were being suspended and expelled in racially disproportionate numbers, with African-American boys bearing the brunt of the discipline. Politicians, researchers and advocates quickly spoke out, noting that these numbers confirmed that the school to prison pipeline really starts in preschool, and callingfor reform.

In this Article, I explore some of the policies and practices that have led to preschoolexpulsions, includingzero tolerancepolicies and the challenging behavior of preschoolers, and also offer theories on what might have led to their racially disproportionateuse, including unconscious bias on the part of teachers and administrators.I also examine the tragic impact these disciplinaryprocedurescan have on students and their families. I next examine the long odds for success that most legal challenges to racially disproportionate preschool expulsions and suspensions will face, due mostly to judicially imposed requirements that plaintiffs establish racially discriminatory intent, not just disparate outcomes. Finally, I sketch the contours of what a successful policy-based solution might look like, and how best practices from existing research and programs might be utilized to create meaningful change.

Keywords: racial disparities, race, unconscious bias, teachers, administrators, discipline, disciplinary procedures, zero tolerance, school to prison pipeline, due process, equal protection, preschool, education, suspension, expulsion, department of education, office for civil rights,

Suggested Citation

Cyphert, Amy, Addressing Racial Disparities in Preschool Suspension and Expulsion Rates (2015). Tennessee Law Review, Vol. 82, 2015, WVU College of Law Research Paper No. 2018-025, Available at SSRN: https://ssrn.com/abstract=3264109

Amy Cyphert (Contact Author)

West Virginia University - College of Law ( email )

101 Law School Drive
Morgantown, WV West Virginia 26506
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
195
Abstract Views
1,242
Rank
319,830
PlumX Metrics