Out-of-School Suspension and Expulsion

Rationale for Out-of-School Suspension and Expulsion

Perhaps no public institution more closely mirrors the community in which it is found than does the public school system. The school system comprises children from a wide variety of socioeconomic backgrounds and a wide range of academic abilities and challenges. The primary mission of any school system is to educate the students for which it is responsible. To achieve this mission, the school district must maintain a culture and environment in which all students feel safe, nurtured, and valued. Order and civility must be maintained while expecting an appropriate standard of behavior from faculty, staff, and students. Traditionally, the goals for out-of-school suspension and expulsion policies were to promote a safe environment for students and staff by decreasing violent behavior, combating statutorily criminal activities (especially illicit drug usage and trafficking), and discouraging inappropriate behavior and limiting its influence on others. Out-of-school suspension and expulsion ensure that an offending act is punished; thus, in theory, a standard of acceptable behavior is maintained. It has been traditionally held that, in removing the offending student from the school environment, the student’s influence on others would be limited, the school environment would thereby be improved, and a message would be sent that certain behaviors will not be tolerated.¹ Research has demonstrated, however, that schools with higher rates of out-of-school suspension and expulsion are not safer for students or faculty.²

“Zero Tolerance”

The Gun-Free Schools Act of 1994 (Pub L No. 103-882, §14601) popularized the concept of zero tolerance in the theory and practice of behavior control and discipline in schools and, in many cases, profoundly altered the entire discussion of these topics. As its title implies, that legislation focused specifically on the bringing of weapons to school and mandated a specific response from school districts. The offense for which the Gun-Free Schools Act was intended (that is, bringing a weapon to school) may account for <2% of the offenses for which students are suspended or expelled.³ Many school districts, however, quickly seized on zero-tolerance policies as a means of addressing a variety of infractions, including nonviolent offenses, such as drug and alcohol violations, verbal disrespect to teachers, and truancy. The concept of zero tolerance was readily embraced as inherently fair, and its harshness was accepted as a massive deterrent to undesirable behavior. However, problems with zero-tolerance policies began to occur soon thereafter, precisely because of its inflexibility and harshness. It is interesting to note that, although zero-tolerance legislation was prompted by violent acts perpetrated by white students, the vast majority of out-of-school suspension and expulsion occurring with zero-tolerance policy applications involve black or Hispanic students.²

One of the first questions to surface was what “zero tolerance” should mean. A zero-tolerance policy that mandates a disciplinary hearing concerning certain unacceptable behaviors allows school boards and administrators flexibility and discretion in dealing with serious infractions. On the other hand, a policy that mandates a particular consequence (for example, that a student be suspended or expelled without consideration being given to the extenuating and mitigating circumstances of the case) allows authorities no such leeway. It should be noted that a school district may not want discretion in its zero-tolerance policy, feeling that such inflexibility sends the clearest message to offenders and best ensures the well-being of the rest of the student body. However, “research indicates a negative relationship between the use of suspension and expulsion and school-wide academic achievement, even when controlling for demographics such as socioeconomic status.”⁴ In other words, aggressive out-of-school suspension and expulsion policies may not only hurt those against whom they are applied but may also paradoxically hurt those students the policies were supposedly designed to protect and help. Problems with fairness, impartiality, uniformity, and flexibility have caused the effectiveness, validity, and justification of zero-tolerance policies to be questioned.^2,4 Moreover, a student who has an individualized education plan (IEP) and/or has been identified with a disability may be entitled to a hearing to determine whether the student’s alleged misconduct was directly related to his or her disability or a direct consequence of the disability. The Individuals With Disabilities Education Act and relevant state statues should be referenced in this regard. If a student is thought to have a disability and is denied a hearing, the legality of such a denial may be open to question.

Disadvantages of Out-of-School Suspension and Expulsion to Student and Family

The adverse effects of out-of-school suspension and expulsion on the student can be profound. The student is separated from the educational process, and the school district may not be obligated to provide any further educational or counseling services for the student.⁵ Data suggest that students who are involved in the juvenile justice system are likely to have been suspended or expelled.⁴ Further, students who experience out-of-school suspension and expulsion are as much as 10 times more likely to ultimately drop out of high school than are those who do not.^5,6 The student who does not complete high school can expect to earn considerably less over a working career and to have far fewer educational and employment opportunities from which to choose than a student who has completed high school. If the student’s parent(s) work, there may be no one at home during the day to supervise the student’s activity, making it more likely that the student (1) will not pursue a home-based education program; (2) will engage in more inappropriate behavior; and (3) will associate with other individuals who will further increase the aforementioned risks.²

Disadvantages of Out-of-School Suspension and Expulsion Policies to a School District

There are risks and disadvantages associated with the use of any powerful intervention or remedy, and out-of-school suspension and expulsion is no exception. Out-of-school suspension and expulsion are drastic responses to instances of severe misconduct. They can also be very superficial if, in using them, school districts avoid dealing with underlying issues affecting the child or the district, such as drug abuse, racial and ethnic tensions, and cultural anomalies associated with violence and bullying.^7,8 There is also a risk of inconsistent and capricious application. In one 2006 study of statewide school suspension and expulsion rates, it was revealed that 10% of schools were responsible for 50% of suspensions.^3,9 Moreover, “drastic” is not synonymous with “effective.” The Zero Tolerance Task Force of the American Psychological Association determined that schools with higher rates of suspension tend to have lower academic quality, pay less attention to school climate (social, cultural, academic, ethical), and receive lower ratings on school governance measures.⁴ Ironically, out-of-school suspension and expulsion often place the child back into the very environment that may have contributed to the antisocial behaviors in the first place, thereby negating the effectiveness of a “lesson-learned” from out-of-school suspension and expulsion. Atkins et al¹⁰ demonstrated that the use of suspension as discipline increased the number of students to whom suspension was applied, whereas when suspension was no longer used as punishment, that number declined.

Greater Fiscal Costs

Any discussion of a school district out-of-school suspension and expulsion policy must consider the fiscal implications of such a policy. Besides the loss of capitation funds for student attendance, there are other significant costs to the district associated with the process of suspending or expelling a student, including time spent in meetings, seeking expert testimony, and preparing for the disciplinary hearing itself. Unlike time spent by staff, consultants, and administrators working to educate children, time spent on suspension and expulsion preparation yields no measurable educational benefit, so it is especially costly to the district’s primary mission. Moreover, the cost to the district continues to mount after the expulsion hearing. States may require districts to have mechanisms whereby an expelled or suspended student receives services and may become eligible for reinstatement into the district, provided certain conditions are met and maintained.

Recalling that students who experience out-of-school suspension and expulsion are far more likely to ultimately drop out of high school, it is worthwhile to consider critically the potential adverse long-term fiscal consequences to the student and society as a whole. If the student does not graduate from high school, the long-term costs are profound. A high-school dropout will earn $400 000 ($485 000 for males) less over a lifetime than a high school graduate.¹¹ The dropout will pay $60 000 less in taxes than the high school graduate. This represents a loss to federal and state governments of billions of dollars per year in income tax revenue. The average high school dropout experiences worse health¹² than the average high school graduate and has a life expectancy that is 6 to 9 years shorter.¹³ The implications for the health care system are significant. For economic reasons alone, it is in the best interests of students and society to seek alternatives to out-of-school suspension and expulsion whenever possible.¹⁴

Prevention of Out-of-School Suspension and Expulsion

As outlined previously, out-of-school suspension and expulsion represent an enormously costly and largely unsatisfactory solution to behavior problems in school, whether from the standpoint of the school district, the student, or the community. Out-of-school suspension and expulsion have short- and long-term consequences that are best avoided if at all possible.

Three strategies schools can use that can lessen the incidence of out-of-school suspension and expulsion are as follows: (1) early intervention programs for preschool children; (2) early identification of children at risk for school difficulties and intensive intervention before problem behaviors occur; and (3) annual implementation of clearly articulated and carefully taught age-appropriate codes of conducts with stated alternatives and supports for students to use before they engage in inappropriate behaviors, such as school-wide positive behavior support (SWBS). These strategies can also instill short- and long-term positive change in individual students and in the school district as a whole. It is important to note that they depend not just on the efforts of the school district, but on the coordinated resources of the entire community for their success.

Bullying

A brief mention of bullying is made here because the problem of bullying among school children is receiving a great deal of well-deserved and overdue attention among various social and governmental institutions, and because SWBS/PBIS has been shown to be effective in addressing the problem of bullying as well. Effective management of bullying via SWBS is specifically addressed by the Technical Assistance Center on Positive Behavior Interventions and Supports.³⁴

The recently published AAP policy statement “Role of the Pediatrician in Youth Violence Prevention” addresses bullying defined as “a form of aggression in which 1 or more children repeatedly and intentionally intimidate, harass, or physically harm a victim who is perceived as unable to defend herself or himself.”^35–37 The sociologic phenomenon of bullying is complex. Historically, it has been widely practiced and is the most common form of violence. Annually, 3.7 million youth engage in it and more than 3.2 million youth are victims annually.³⁷ It involves essentially all children, as bullies, victims, or both or as knowledgeable bystanders. Put another way, few if any children are unaware whether bullying is occurring among their peers. Moreover, bullying has historically been ignored, condoned as “normal” or a “rite of passage,” and even modeled by adults. It has been suggested that schools themselves may encourage bullying through the widespread practice of labeling and separating students on the basis of physical or academic ability or limitation.³⁸ Twenty-five percent of teachers in 2003 saw nothing wrong with bullying or harassment and intervened in only 4% of cases of bullying.³⁸ Bullying among school-aged children, thus, represents an anomalous and distorted social norm, in which attitudes and behavior that would be unacceptable elsewhere in society are condoned or even encouraged.³⁸

Lead Author

Jeffrey H. Lamont, MD

Council on School Health Executive Committee, 2011–2012

Cynthia D. Devore, MD, Chairperson

Mandy Allison, MD, MSPH

Richard Ancona, MD

Stephen E. Barnett, MD

Robert Gunther, MD

Breena Holmes, MD

Jeffrey H. Lamont, MD

Mark Minier, MD

Jeffrey K. Okamoto, MD

Lani S. M. Wheeler, MD

Thomas Young, MD

Former Council Executive Committee Members

Robert D. Murray, MD, Immediate Past Chairperson

Harold Magalnick, MD

George J. Monteverdi, MD

Rani S. Gereige, MD, MPH

Evan G. Pattishall III, MD

Michele M. Roland, MD

Liaisons

Mary Vernon-Smiley, MD, MPH – Centers for Disease Control and Prevention

Carolyn Duff, RN, MS, NCSN – National Association of School Nurses

Linda Grant, MD, MPH – American School Health Association

Veda Johnson, MD – National Assembly on School-Based Health Care

Former Liaisons

Linda Davis-Alldritt, RN, MA, PHN – National Association of School Nurses

Robert Wallace, MD – Independent School Health Association

Alex B. Blum, MD – Section on Residents

Sandi Delack, RN, MEd, NCSN – National Association of School Nurses

Staff

Madra Guinn-Jones, MPH