Golden Gate University School of Law GGU Law Digital Commons Publications Faculty Scholarship 9-2019 The onsC truction and Criminalization of Disability in School Incarceration Jyoti Nanda Golden Gate University School of Law,
[email protected] Follow this and additional works at: https://digitalcommons.law.ggu.edu/pubs Part of the Juvenile Law Commons Recommended Citation 9 Columb. J. Race & L. 265 (2019). This Article is brought to you for free and open access by the Faculty Scholarship at GGU Law Digital Commons. It has been accepted for inclusion in Publications by an authorized administrator of GGU Law Digital Commons. For more information, please contact
[email protected]. THE CONSTRUCTION AND CRIMINALIZATION OF DISABILITY IN SCHOOL INCARCERATION * Jyoti Nanda0F This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For stu- dents of color, however, the construction of disability (if it exists) may be a criminalized condition that is treated as warranting punishment and segregated classrooms, possibly leading to juvenile justice system involvement. Providing a review of the K-12 disability legal regimes, this Article maps how the process of identifying a student with a disability happens in a hyper- criminalized school setting. The Article argues that the school itself contributes to the construction and criminalization of disability and that the attribution of disability is a product of the subjectivity built into the law, heavily surveilled school environments, and biases held by teachers and administrators.