Zero Tolerance Policies: The Pathways for LGBT Youth to the Criminal Justice System

In the 1990s, schools adopted zero-tolerance policies, which were meant to address school fights, weapons at school, and other issues related to safety. To further deter misbehavior in schools, some states began to increase funding to hire more school resource officers (SRO’s) and installation of metal detectors. Kang-Brown, et.al (2013), goes on to mention that “between the 1996–97 and 2007–08 school years, the number of public high schools with full-time law enforcement and security guards tripled”. As early as 1996, Kang-Brown, Trone, Fratello, & Daftary-Kapur (2013), pointed out that 79% of schools were abusing zero tolerance policies, going beyond federal mandates. Since its inception, zero tolerance policies have led to spike in the number of suspension and expulsions, especially for LGBT (lesbian, gay, bi-sexual, transgendered) students; however, there has been little evidence supporting claims that it has deterred or resulted in a decline in school violence (Gale, 2015).

Proponents of zero tolerance policies cite there necessity to ensure a safe learning environment, due to the ongoing threat of school violence. They assert that these polices serve as behavior modifiers and strict enforcers that deter violations of school policies to protect students (Gale, 2015). Some also argue that students and administrators are less likely to discriminate against minority students, considering zero tolerance policies have little room for modification (Gale, 2015).

However, recent research has shown, due to the discriminatory applications of zero tolerance policies, LGBT youth are especially vulnerable to school trends that push them out of school and into the criminal justice systems, (Mallett, 2015). As a direct result of the push out of school trends, students have been fed to the school-to-prison pipeline, which is a disturbing national trend where youth are funneled out of public schools and into the juvenile and criminal justice systems, (Mallett, 2015).

This literature review will discuss how zero tolerance policies have ensued inequalities towards LGBT youth, imposed harsh school discipline towards LGBT youth, increased school suspensions, and criminalized LGBT youth. It will also cover alternatives to punitive sanctions and the conclusion/recommendations for change.

Purpose

The purpose of this study is to take a deeper look into zero-tolerance policies and how they have contributed to suspensions leading LGBT students to the criminal system. This study will test the unique impacts of zero tolerance policies and teacher unfairness towards LGBT youth. In addition, this study will examine inequalities towards LGBT youth, harsh school discipline towards LGBT youth, alternatives to punitive sanctions, effects of school suspensions, criminalizing LGBT youth and conclusions/recommendations for change. The findings of this study will assist teachers and administrators in examining their school policies to ensure that LGBT students are not disproportionately affected by zero tolerance policies, aide in understanding the unique circumstances LGBT students face and help understand the need for  establishing school gay-straight alliances.

Prominent Authors

Mallett, C. A. (2015), explains how strict school discipline and harsh juvenile court policies have affected many students, disproportionately impacting LGBT youth.  Berlowitz, Frye, & Jette (2015) revealed that zero-tolerance policies have a tendency to push students out of public schools into the criminal justice system in a pattern of institutional racism.  Their research was supported by interviews conducted with teachers and administrators to attempt to understand their sentiments surrounding zero tolerance policies. These interviews revealed that teachers and administrator see no alternative to their implementation of zero-tolerance policies, because they believe that violent behaviors exhibited by minority students are grounded in cultural norms beyond the control of public educators. Genders & Sexualities Alliance Network, (2012) details the harm caused to LGBT students, by zero tolerance and harsh disciplines in schools. The report concluded with alternatives other than the criminal system that protect students from bullying and create safer school environments.

Inequalities towards LGBT Youth

Several studies have revealed that LGBT youth have disproportionally been affected by zero-tolerance policies. One study in particular conducted by Anyon, Jenson, Altschul, Farrar, Mcqueen, Greer & Simmons (2014) exposed troubling and persistent patterns of disparity towards LGBT youth. They discovered that low-income children, LGBT youth, and youth of color are significantly more likely than students of other backgrounds to be referred to school administrators for discipline problems and to receive school suspensions, expulsions, and/or referrals to law enforcement as punishment.

It has not been proven that a higher frequency of punishment correlates to a higher frequency of misbehavior among LGBT youth. This infers that LGBT youth actually face harsher sanctions by school administrators even when committing similar offenses, (Hunt, 2012). Based on interviews conducted by Hunt (2012) revealed “adults in schools often draw assumptions of guilt based on a student’s physical characteristics, demeanor, dress, or mannerisms, deeming those deviating from an accepted gender norm to be agitators”.

A study conducted by Heitzeg (2016), examined the U.S. Department of Education’s Civil Rights Data Collection report which included data from every public school in the nation (approximately 16,500 school districts, 97,000 schools, and 49 million students). The study unveiled that students of color are suspended and expelled at a rate three times larger than white students (students of color 16%, white students 5%). In addition, Heitzeg (2016), provided the demographics of the nation’s student population in which students of color represent 16% of student enrollment, and make up “27% of students that are referred to law enforcement and 31% of students that are subjected to a school-related arrest”. In comparison, white students represented 51% of enrollment, and 39% of those were referred to law enforcement or arrested. Referencing these statistics LGBT youth, have between “1.25 and 3 times greater odds than their heterosexual peers of experiencing sanctions and inequalities in schools”, (Himmelstein & Bruckner, 2011). This would imply that LGBT youth are between 25% and 300% more likely than their non-LGBT peers to experience some punishment, ranging from being expelled from school, to being arrested or convicted as a juvenile, (Himmelstein, 2009).

An exploratory study, which consisted of focus groups and interviews was conducted by (Snapp, Hoenig, Fields & Russell, 2014). This study was conducted in efforts to provide significant evidence regarding how LGBT youth are disproportionately affected by zero tolerance policies that push students through the school-to-prison pipeline. The narratives received from the focus groups and interviews disclosed that LGBT youth feel that they are under scrutiny in schools, especially when not conforming to gender norms. This scrutiny has resulted in punishment and victimization, which may be ignored or even encouraged by educators and administrators.

Research performed by Kosciw, Greytak, & Diaz (2009) specifically studied the inequalities of LGBT youth based on school characteristics. Their study suggests that schools with larger student bodies, may offer safer climates for LGBT youth. These schools reported a school climate more tolerant of lesbian, gay, and bisexual youth than those in other types of school. Conversely, students that attended smaller, urban schools in low income areas were reported to have higher levels of victimization and more missed days of school for safety reasons than heterosexual youth, (Kosciw,et. al, 2009). Based on the data in the literature one could surmise that LGBT students in smaller, urban schools have a heightened chance incidents involving victimization based on their sexual orientation.

Harsh School Discipline towards LGBT Youth

Zero tolerance policies do not make schools safe, even though many educators see them as “the backbone of school discipline” (Berlowitz, Frye & Jette, 2015). Cuellar & Markowitz (2015) explored the origins of schools adopting zero tolerance policies. They discovered that the 1994 Gun Free Schools Act, a law that requires every school district receiving federal education funds enforce a one year mandatory expulsion for students who possess a firearm on school grounds. It is suggested by Cueller & Markowitz (2015) that the Gun Free Schools Act was the conduit for the pervasive implementation of the harsh zero tolerance policies.

It was also mentioned by Cuellar & Markowitz (2015) that the U.S. Department of Education, the American Bar Association, the American Academy of Pediatrics, and the American Psychological Association are in opposition of zero tolerance policies and the criminalization of in school offenses. They all have issued policy statements urging zero tolerance policy reforms, which will allow more flexibility in applying punishments on a case by case basis. Cuellar & Markowitz (2015) points out that surprisingly there has still been little academic research on the effects of zero tolerance policies specifically, an