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Criminalizing Kids the Overlooked Reason for Failing Schools

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Criminalizing Kids the Overlooked Reason for Failing Schools Dissent Fall 2011:Dissent, rev.qxd 9/2/2011 1:44 PM Page 23 RE-IMAGINING EDUCATION REFORM Criminalizing Kids The Overlooked Reason for Failing Schools HEATHER ANN THOMPSON that public school children have paid for America’s recent embrace of the world’s most massive and punitive penal state—a vast The nation’s dropout rate reached crisis levels carceral apparatus that has wed our economy, in 2009, and test scores posted by its poorest society, and political structures to the practice public schools were also grim. Only 70 of punishment in unprecedented ways. We percent of first-year students entering must challenge the view that society’s needs America’s high schools were graduating, with can best be met by criminalizing the most a full 1.2 million students dropping out each needy and the spaces in which they live, school year. In 2009, the Detroit public school work, and learn. system reported math scores that were the worst in forty years of participation in the National Assessment of Educational Progress Although most Americans are at least vaguely test. So great was the problem of “low aware that this nation has beefed up its law- performing” schools by 2010 that the U.S. and-order apparatuses considerably over the Department of Education set up ten regional last five decades, few grasp what a dramatic advisory committees “to collect information on and destructive political and policy shift has the educational needs across the country” and actually occurred. Before the early 1970s, the President Barack Obama committed $3.5 U.S. incarceration rate was fairly unre- billion to fund schools that were doing partic- markable. Indeed, according to the U.S. ularly poorly. Department of Justice, Bureau of Justice Politicians and policy makers offer various Statistics, in the thirty-five years prior to 1970 explanations for the dire state of public the prison population in this country only education in America. Some blame self-inter- increased by 52,249. In the subsequent thirty- ested teacher unions for abysmal graduation five years, however, from 1970 to 2005, it rates and test scores. Others argue that deep- increased by a staggering 1,266,437, a far ening poverty rates coupled with increasing larger percentage of the total U.S. population. racial segregation have undermined school While the incarceration rate of the nation as a success. All have missed the proverbial whole rose to historic and even shocking elephant in the classroom, which is the extent levels after the 1960s, as Michelle Alexander to which the nation’s public school system has notes in her pathbreaking study The New Jim been criminalized over the last forty years. Crow, the rate for African Americans in More specifically, they have failed to reckon particular became catastrophic. Eventually one with the devastating effect that this unprece- out of every nine black men aged twenty to dented criminalization of educational spaces thirty-four would be in prison in America. has had on the ability of teachers to teach and The origins of this deeply racialized crisis students to learn. If we are truly serious about are complex, but the political backlash to the fixing our nation’s schools, and if we ever civil rights momentum of the 1960s was a hope to roll back the re-segregation and ever- central cause. As the 1960s unfolded, white deepening poverty of these same institutions, fears of black agitation both implicitly and we must first recognize the enormous price explicitly contributed to a complete overhaul F A L L 2 0 1 1 DISSENT 23 Dissent Fall 2011:Dissent, rev.qxd 9/2/2011 1:44 PM Page 24 RE-IMAGINING EDUCATION REFORM of this country’s criminal laws as well as its criminal justice system—either on parole, on state and federal policies governing probation, or in prison—and the over- punishment. In short, the more contested whelming majority of them came from poor urban spaces became in the 1960s, and the inner-city neighborhoods. Indeed, it mattered more they erupted in protest and outrage, the little whether one came from an urban enclave more certain were white voters that crime had of a southern state like Texas, a western state become the nation’s most pressing problem, like California, or a northeastern state like that blacks were responsible for this Pennsylvania; law-and-order rhetoric domi- breakdown of law and order, and that the way nated the political landscape and scarred the to deal with both blacks and crime was to beef social landscape of America’s inner cities. up the carceral state. Indeed, by 2010, states across the country Notably, however, at the very time the were spending as much as a billion dollars a foundation of the carceral state was first being year on their myriad new anti-crime measures, laid, namely when the Johnson administra- leaving few resources to repair the damage tion passed the Law Enforcement Assistance caused to America’s inner cities by this same Act of 1965, which earmarked historically turn to criminalization. new levels of funding for the nation’s criminal justice apparatus, the nation was not experi- encing a crime wave. Indeed, the same states Arguably, nowhere was the cost of criminal- that were clamoring most loudly to bolster the izing urban spaces higher, and its conse- criminal justice system in the mid-1960s were, quences more painfully felt, than in our according to data gathered by the federal as nation’s public school system. Even though well as state governments, experiencing the America’s school-aged children had since time lowest crime rate since 1910. immemorial engaged in fights, been disre- As the 1960s wore on, though, and not spectful to teachers, skipped classes, bullied coincidentally because the federal reporting one another, and engaged in acts of vandalism standards changed and because more money as well as other inappropriate behaviors, in was available to areas that reported high crime the late-1960s school systems began rates, the nation’s crime problem seemed even employing security staffs in order to deal with graver than it was. With whites increasingly such student conduct far more aggressively unnerved by the civil rights unrest continuing and punitively. to engulf the country, all plans to give greater Not coincidentally, the districts most eager resources to police departments, pass more to bring a police presence into city schools stringent laws, and make the punishment for were those that had also experienced an breaking those laws more punitive were upsurge of civil rights activism on the part of enthusiastically embraced. Speaking to a their students. Detroit city schools, for reporter from the New York Times in 1964, one example, got their greatest influx of police taxi driver bluntly articulated the white view officers on the heels of some particularly that blacks’ civil rights desires directly under- dramatic Black Power protests in its institu- minded public safety: “[W]e have a terrific tions such as those that gripped Northern crime problem here and if you segregate High School in 1969. Atlanta city schools also [blacks], it’s easier to police them.” did not bring a law enforcement presence to As the twentieth century came to a close, its buildings until similarly volatile racial policies born of white fear of urban unrest had experiences in 1969, and, that same year, the led to the wholesale criminalization of urban state of Kansas decided it was time to pass spaces of color. Thanks to a revolution in drug specific legislation so that its educational legislation, to the enforcement of particularly facilities could hire school security officers aggressive new law-and-order policies such as and “designate any one or more of such Stop and Frisk, and to a simultaneous school security officers as a campus police overhaul of sentencing guidelines, by 2010 the officer” in order to “aid and supplement law Justice Department reported that more than enforcement agencies of the state and of the seven million Americans were trapped in the city and county.” 24 DISSENT F A L L 2 0 1 1 Dissent Fall 2011:Dissent, rev.qxd 9/2/2011 1:44 PM Page 25 RE-IMAGINING EDUCATION REFORM Forty years later, many urban schools, ality,” and such laws operated in myriad other including those in which the civil rights urban districts as well. movement had placed so much hope, have Eventually America’s public school come to resemble penal institutions. This students in poor neighborhoods found them- hyper-criminalization of inner-city public selves in legal trouble not only for more schools and students has been fueled by a serious offenses such as bringing a weapon to growing conviction on the part of the nation’s school, but far more often for much lesser politicians and the public alike that inner-city “offenses,” such as truancy. In a number of school kids had become particularly violent. urban school districts, for instance, this age- Whereas the school children of the 1940s old student behavior can now land a student’s disrupted the classroom by running in the file on the desk of the district attorney or even halls, chewing gum, and littering, by the lead that student to be shackled with an elec- 1980s, it would seem, young people were tronic tether otherwise intended for use on more likely to rape and rob. parolees. As a fascinating piece by Barry O’Neil in Ironically, simultaneous to administrators’ the New York Times magazine has pointed out, criminalizing truancy in new ways as the however, evidence that schools were in fact twentieth century wound down—ostensibly witnessing new levels of youth violence was so that kids would spend more time in the always scant at best.
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