Summary

Exclusionary discipline or “zero tolerance” policies stemmed from a federal mandate to keep guns out of schools. Many school districts expanded the scope of offenses that trigger suspension, expulsion, or arrest to drugs or alcohol, threats, cursing, and “willful defiance.” But zero tolerance policies don’t work – they make schools no safer, harm students’ health and achievement, and disproportionately target non-white students.

In 2012, we conducted an HIA on discipline policies – the first such HIA in the US – in three California districts: Los Angeles, Oakland, and Salinas. In 2014 a second HIA evaluated progress by six Merced, California school districts on implementing restorative justice, which focuses on repairing harms caused by misbehavior and getting students to take responsibility for their actions.

Instead of taking (students) to the office and telling them they’re suspended, (teachers) should ask, ‘What do you think the consequence should be? What made you do this? What can we do to help prevent this?

– An Oakland student

‍

Findings

In the three-district study, we found that the use of non-exclusionary policies known as positive behavioral interventions and supports would increase time in school for students, which in turn would improve health and behavior, and increase longevity, earning potential and social connections. In Merced we found that if properly implemented, restorative justice could reduce suspensions in the six schools by 20% to 40%. Restorative justice would also lower dropout rates, which in turn would lead to fewer students who end up poor or in prison, and save schools countywide $120,000 a year.

If a kid is happier, they’re less likely to act out in various ways. Restorative justice plays a good role in stopping that because they’re getting heard at an earlier stage.

– A Merced school counselor

Impact

Educators, parents, and advocates have used our HIAs with legislators, policy makers, and the news media to strengthen a statewide movement against zero tolerance and willful defiance policies, and to advance and improve local restorative justice and positive behavioral interventions and supports policies and implementation. In the 2014 California legislative session, a law was passed to ban willful defiance suspensions for grades K-3. Several districts, including Los Angeles, have already banned them for all grades. This collective work is leading to fewer suspensions and expulsions across the state.