In response to the post about the “school-to-prison-pipeline, a frequent commenter who signs as Raj, submitted the following comment. It begins like this, you can read the full comment after the original post:
Raj wrote:
This is what ACLU says:
“WHAT IS THE SCHOOL-TO-PRISON PIPELINE?
The “school-to-prison pipeline” refers to the policies and practices that push our nation’s schoolchildren, especially our most at-risk children, out of classrooms and into the juvenile and criminal justice systems. This pipeline reflects the prioritization of incarceration over education. For a growing number of students, the path to incarceration includes the “stops” below.
Failing Public Schools
For most students, the pipeline begins with inadequate resources in public schools. Overcrowded classrooms, a lack of qualified teachers, and insufficient funding for “extras” such as counselors, special education services, and even textbooks, lock students into second-rate educational environments. This failure to meet educational needs increases disengagement and dropouts, increasing the risk of later courtinvolvement. (1) Even worse, schools may actually encourage dropouts in response to pressures from test-based accountability regimes such as the No Child Left Behind Act, which create incentives to push out low-performing students to boost overall test scores. (2)
Zero-Tolerance and Other School Discipline
Lacking resources, facing incentives to push out low-performing students, and responding to a handful of highly-publicized school shootings, schools have embraced zero-tolerance policies that automatically impose severe punishment regardless of circumstances. Under these policies, students have beenexpelled for bringing nail clippers or scissors to school. Rates of suspensionhave increased dramatically in recent years—from 1.7 million in 1974 to 3.1 million in 2000 (3) — and have been most dramatic for children of color.
Overly harsh disciplinary policies push students down the pipeline and into the juvenile justice system. Suspended and expelled children are often left unsupervised and without constructive activities; they also can easily fall behind in their coursework, leading to a greater likelihood of disengagement and drop-outs. All of these factors increase the likelihood of court involvement. (4)
As harsh penalties for minor misbehavior become more pervasive, schools increasingly ignore or bypass due process protections for suspensions and expulsions. The lack of due process is particularly acute for students with special needs, who are disproportionately represented in the pipeline despite the heightened protections afforded to them under law.
Raj,
This is an excellent contribution to understanding the “school-to-prison-pipeline.” Thank you.
For most students, the pipeline begins with inadequate resources in public schools.
Overcrowded classrooms. Bill Gates and Arne Duncan have both said that class size doesn’t matter, and that great teachers can teach larger classes than they have now. Mayor Bloomberg even suggested that a “great” teacher could teach double the number currently assigned, which would mean a class size of 50-70 students. Surveys repeatedly show that both parents and teachers want small classes, and research shows that the greatest benefit of small classes goes to the neediest students, who need extra attention with the teacher.
A lack of qualified teachers. State after state has been staffing the neediest schools with inexperienced, unqualified teachers from Teach for America. There would be more qualified teachers if state legislatures raised teacher pay, stopped cutting pay raises for experience and additional relevant degrees, and stopped fighting due process for teachers. Such actions literally drive teachers out of their chosen profession.
Insufficient funding for “extras” such as counselors, special education services, and even textbooks, lock students into second-rate educational environments: The ACLU hits the nail on the head. So much money is diverted to testing and test prep and consultants, and not enough is appropriated for the services and personnel that meet the real needs of students. You understand that underfunded schools do not choose to be underfunded. Decisions about funding are made by the Congress, the state legislatures and governors, and district leadership. The blame for the shortage of these resources in the schools that enroll the most vulnerable students must be placed squarely on federal, state, and local leadership.
Even worse, schools may actually encourage dropouts in response to pressures from test-based accountability regimes such as the No Child Left Behind Act, which create incentives to push out low-performing students to boost overall test scores. Test-based accountability, including NCLB and the Race to the Top, increase the numbers of students who fall into the STPP. The emphasis on testing and the consequences for failing to teach a bar set too high discourage the students in the bottom half of the bell curve (all standardized tests are normed on a bell curve). The Common Core tests have shifted the norm so that 65-70% of students “fail.” If students fail and fail and fail, they give up. What shall we do for them?
The next section of the ACLU statement aptly describes “no-excuses” charter schools:
Zero-Tolerance and Other School Discipline
Lacking resources, facing incentives to push out low-performing students, and responding to a handful of highly-publicized school shootings, schools have embraced zero-tolerance policies that automatically impose severe punishment regardless of circumstances.
Charter schools, especially of the no-excuses variety, have higher suspension rates than public schools. They engage in harsh disciplinary policies that are not allowed in public schools. They can push out students for minor offenses.
Raj, thank you for this useful description of the “school-to-prison pipeline” by the ACLU.
We should all take heed.
Arne Duncan, who is talking about the STPP today at 4 pm EST on Sirius “Urban View” could reduce the pipeline by abandoning high-stakes testing and cutting off federal funding for “no-excuses” charter schools.
Each and every child should be able to enroll in a school with a humane and caring environment.

Step 1 for the ACLU is “Failing Public Schools.” Their position concerning public schools is consistent. The ACLU is about the First Amendment. They are weak on, and often hostile to any effort to hold public officials’ feet to the fire on improving public education.
Might I suggest a better source of information?
http://kirwaninstitute.osu.edu/tag/school-to-prison-pipeline/http://files.eric.ed.gov/fulltext/EJ870076.pdf&sa=U&ved=0CCwQFjAJahUKEwjUre_b57rIAhUHdh4KHXMjDLQ&usg=AFQjCNGB1j8oLsyXP4h1rRDT5VoPg1-WFg
In significant part this is a racial problem. Question whether we are feeding inner city minority youth into the maw of private for profit prisons. It has happened.
Kind Regards,
Nick Penkovsky
Please excuse any typos or terseness, this was sent from my Sprint BlackBerry®.
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Diane,
Thank you
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As one who might know Raj let me say his efforts have not gone without observation. While I am no longer welcome at his school I stand by my belief that great teachers are not afraid to risk. I am sad I can’t continue to love the students but I also know I don’t fit in an educational box.
Administrators also are swamped with work and in many cases they still have trouble learning how to support the teachers. It is impossible to teach when 30% of the class needs special help.
In the case of my most recent school – ( without name due to respect for Raj ) it took me 4 weeks to create a learning space, and just at that time I was asked to leave. I had told the administration I could work full time for very little and no benefits. I have no bone to pick with this school or administration as outside the box thinking has little room in even the most progressive schools.
Finally, I stand by my comments that a new administration needs TIME and that is exactly what I told many parents.
If this is a different Raj I am sorry – if this is the Raj I know let me say I had a wonderful time including the last day when I was asked to leave.
My only regret is I promised the students I would be around and now I have to keep that promise somehow.
Best of Luck to a wonderful school full of challenges –
D. L. A
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Who built the American ‘Gulag Archipelago’? Certainly not teachers. It takes a warped societal mindset over decades, to lock up multitudes of people for many non-violent infractions.
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About a year ago, the radio program, This American Life produced an episode on this issue called, “Is this working?”
It touches on “No excuses” charter schools and a common no tolerance (for disciplinary infractions) policy that is found in many such schools.
The most heartbreaking part of the episode is early on in which it describes a situation where an African-American pre-schooler was called out and suspended for infractions in a manner that was very harsh for the infraction. The conclusion was that it had to do with race.
The podcast goes on to talk about the concept of the school-to-prison pipeline.
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Exactly. The saviors of impoverished children, while they call them “scholars,” treat them like future prisoners. They get public schools shuttered, then open 2 very young grades in a charter school, b/c they like to get the kids while they are young, and then think they can drill/demerit/punish/silence the disobedience right out of them.
Its punishment for being impoverished. The “saviors” will train the unruliness and spirit right out of these kids; make them compliant.
Eva’s students couldn’t test into “selective” high schools. However, they knew how to walk a line, be silent, and obey their “superiors/betters/teachers/elders.” Eva did them a great disservice because they don’t know how to think on their feet — but, lets have more of that, shall we?
Eva whips the parents and students up into a froth and makes them perform at her rallies — and the poor sheep don’t even know they are willingly going to the slaughter.
Prisons need a constant flow of inmates to make a profit — charter schools and private prisons — perfect together.
When will the impoverished parents learn that they are being used to line the pockets of a few, and are shortchanging their children?
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I add my thanks to that of the owner of this blog.
Now, no one can tout the merits of the posting better than that colossus of rheephorm, Mr. Bill Gates.
😏
From his speech to Lakeside School, September 23, 2005. Just one excerpt.
[start excerpts]
Classes were small. You got to know the teachers. They got to know you. And the relationships that come from that really make a difference. If you like and respect your teacher, you”re going to work harder.
Gary Maestretti really inspired me to learn physics. Fred Wright really inspired me to learn math, and was a great mentor in the computer room in McAllister Hall.
Ann Stephens got me to sign up for drama. I didn’t have to do drama. I didn’t have a lot of skill in that. But she had built a strong relationship with me, and she made me want to give it a try.
She gave me the lead in a romantic comedy that I still know all the lines to. The only downside is that I invited my co-star to our real-life prom, and she turned me down. She’s here tonight, and I want her to know: I recently got over it.
[end excerpts]
The link to the above speech can be found on the following online piece of 6-18-2012, plus more info I include directly from that piece—
Link: https://seattleducation2010.wordpress.com/2012/06/18/bill-gates-tells-us-why-his-high-school-was-a-great-learning-environment/
[excerpt from the above link start]
Lakeside has a lovely campus that looks kind of like a college campus:
– Faculty is nearly equally balanced between men & women (i.e. Lakeside pays well);
– 79% of faculty have advanced degrees;
– 17% are “faculty of color” (half the students are “students of color,” cough, Asian)
– Student/teacher ratio: 9 to 1
– Average class size: 16
– High school library = 20,000 volumes
– 24 varsity sports offered
– New sports facility offers cryotherapy & hydrotherapy spas
– Full arts program with drama, various choruses, various bands including jazz band and a chamber orchestra.
[excerpt from the above link end]
ACLU. Suggestions for massively meaningful education inputs.
Endorsed by by no less than Bill Gates!
Whoddathunk?
😎
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Today’s post about the ACLU’s view of the school-to-prison pipeline is potentially misleading in one very important respect. If high stakes tests are a problem, then why did the ACLU support a reauthorized Elementary and Secondary Act that requires such tests. In 2011, the ACLU signed a letter objecting to a draft that would have given states flexibility on tests Begin quote from the letter
“As representatives of the millions of students with disabilities, low-income students, students of color, English-language learners and migrant students who are studying in our nation’s schools, both boys and girls, we cannot support the Elementary and Secondary Education Reauthorization Act of 2011 at this time. The bill’s weak accountability system excludes the vast majority of children we represent, and is a major barrier to our organizations’ support.
We applaud the inclusion of much-needed reforms on college and career ready standards and assessments; accountability for dropout factories, more equitable funding within districts, a focus on access to high-level STEM courses for underrepresented groups, and improvements in limiting alternate assessments for students with disabilities and recognize the benefits that these provisions could yield for students.
In its current form, however, states would not have to set any measurable achievement and progress targets or even graduation rate goals. They would be required to take action to improve only a small number of low-performing schools. In schools which aren’t among the states’ very worst performing, huge numbers of low-achieving students will slip through the cracks.
Federal funding must be attached to firm, ambitious and unequivocal demands for higher achievement, high school graduation rates and gap closing. We know that states, school districts, and schools needed a more modern and focused law. However, we respectfully believe that the bill goes too far in providing flexibility by marginalizing the focus on the achievement of disadvantaged students.
Signers of this letter, Oct 19, 2011, included the following rather odd mix of organizations. American Civil Liberties Union; Business Coalition for Student Achievement; Council of Parent Attorneys and Advocates, Inc.; Chiefs for Change; Disability Rights Education and Defense Fund; Democrats for Education Reform; The Education Trust; League of United Latin American Citizens; MALDEF (the Mexican American Legal Defense and Educational Fund); NAACP; NAACP Legal Defense and Educational Fund, Inc.; National Center for Learning Disabilities; National Council of La Raza; National Down Syndrome Society; National Urban League; National Women’s Law Center; The New Teachers Project; Poverty & Race Research Action Council; Southeast Asia Research and Action Center; U.S. Chamber of Commerce. and The Leadership Conference on Civil and Human Rights ( 200 members, but not all agreed to this letter).
Then, in February 26, 2015, the ACLU wrote a separate letter to Senators Lamar Alexander and Patty Murray giving greater attention to many inequities that needed attention in ESEA including charter school accountability and disciplinary policies and practices, but the ACLU did not back down from federal accountability on testing.
Direct quote from the full letter
VI. Assessments
We appreciate that Section 1111 and Section 1112 of the Chairman’s draft attempts to provide flexibility to school districts in their efforts to assess academic performance. Aside from standardized tests, performance-based assessments can serve a valuable role in measuring student achievement. However, in order for alternative measures of academic achievement to be meaningful, districts should not be able to opt out of statewide assessments unless they can demonstrate that their tests will deliver comparable data. To ensure that states’ assessment measures are best serving the interest of students, the ACLU recommends:
…Maintaining the Secretary of Education’s federal oversight and accountability role and ensuring that the Secretary has the authority to set the floor for assessment standards;
…Permitting growth as a measurement in determining school ratings; and
…Permitting multiple measures of student achievement.
And later, this passage
IX. Maintaining Federal Oversight
Overall the Chairman’s draft would significantly scale back both the scope and the extent of federal authority over States and school districts. However, a strong federal role has historically been necessary to protect civil rights. Federal funding must be attached to robust, ambitious and unequivocal demands for higher achievement, increased high school graduation rates, closing the racialized achievement gap and incentivizing supportive, not punitive, measures to improve learning environments and ensure the academic achievement of all young people.
I do not think that the ACLU fully understands that this message is not entirely consistent with their observations on the school-to-prison pipeline. The ACLU wants to retain tests as a way to stack rank schools. I am not confident that they understand what a “growth measure” is in practical terms—pretest-to-posttest gains in scores, also centeral features of of VAM and the dreadful SLOs.
https://www.aclu.org/…/2015_2_26_aclu_comments_on_draft_esea_ reauthorization_final.pdf
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Laura,
Thanks for the information and details on the ACLU’s involvement in Every Child Achieves. I wonder if they have received any money from Gates. Their position is not that different from some others involved in civil rights. They believe that without some standardized measure of accountability, these poor, minority students will be ignored. This may be true to some extent in large underfunded urban districts. Even if we accept that there has to be a standardized test, we have gone so far beyond the level of acceptance by allowing a computer to generate growth scores with VAM scores generated from the presumed growth. Then, the coup de gras is the removal a teacher’s of due process rights from a computer generated score.
It seems to me the ACLU needs some reeducation of its assumptions. and they should try to understand the impact of repeated failure, stress and labeling on students.
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Laura
Superb! Thanks again for being the go-to research writer here. This is what happens when you allow politics to muddy up the big picture. ACLU, among many advocate groups, need to be called on the carpet for this. Which do they really want, flawed test-based accountability/tests rigged to fail those who don’t deserve it or a system that supports our neediest students by providing equal opportunities. On this issue, the ACLU cannot eat its cake and have it too.
Here in NY the CC math and ELA failure rate for minorities is near 90%. If that same failure rate continues at the HS level with Common Core Algebra I, Geometry, and ELA, that will produce a graduation rate among minority students of about 10%.
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Raj, you are finally in a spotlight.
Be careful that the light does not turn you to dust, as it has with so many other vampires.
Your pointing out the ACLU as an area of concern has brought many valuable things to light, even tough I don’t agree with its contradictory findings and advocacy.
Congratulations, Raj. But be sure to stay away from sunlight, garlic, and baptismal fonts.
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FLASHBACK TO June 2013 on class sizes.
You had two LAUSD Board members—Monica Garcia and now-former-board-member Tamar Galatzan—funded by privately-run charters whose primary selling point and reason for success is their low class sizes. That fact was prominently mentioned on the front pages of these charter schools’ websites.
These same two LAUSD Board Members, however, vehemently opposed lowering the class sizes of the traditional public schools in LAUSD… because… oh… that would enable those children to thrive academically… and you can only have that at charters.
It was in this context that Board Member (and now Board President) Steve Zimmer gave this cathartic speech at a board meeting:
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