By Jared Gunn* and Amanda Glass
Arizona citizens have experienced a great deal of fear and anxiety these past weeks in relation to alarming numbers of threats of gun violence in schools across the state. These incidents occur after another major school shooting in Georgia, amid a rise in school threats across the country, and as political events have brought gun violence back into the limelight of national attention. According to the New York Times, the recent wave of school threats in Arizona, lasting about a week, was a 154% uptick compared to the same week last school year.
Arizona school officials have responded to this rising number of threats by vowing to ensure that all reports of school threats and gun violence are referred to law enforcement and reiterating zero-tolerance and expulsion policies.
Strict, zero-tolerance discipline policies, automatic law enforcement involvement, and failure to consider student’s individual circumstances can have a particularly negative impact on students with disabilities. Data from the U.S. Department of Education illustrates that students with disabilities already face discipline like expulsion or suspension, restraint and seclusion, and referral to law enforcement at higher rates than the general population of school children. In a 2020-2021 report from the Department, data showed that students with disabilities accounted for “24% of students who received one or more in-school suspensions, 29% of those who received one or more out-of-school suspensions, and 21% of those who received expulsions” in K-12 schools, despite accounting for just 17% of total K-12 enrollment. Disabled students served under the Individuals with Disabilities Education Act (IDEA) also accounted for 81% of students physically restrained, 75% of students secluded, 22% of students referred to law enforcement, and 22% of students subjected to school-related arrests despite accounting for just 14% of the student population. Data from Arizona schools also reflects high rates of discipline, restraint, and exclusion for students with disabilities.
As evidenced above, students with disabilities face discipline, expulsion, and encounters with law enforcement at greater rates than their non-disabled peers. This is true despite the IDEA and Section 504 of the Rehabilitation Act, which include provisions designed to protect students from being disciplined because of their disability. Congress passed the IDEA to address widespread exclusion of students with disabilities that occurred across the country and to ensure those students received the same access to a free and appropriate education that non-disabled peers received. IDEA prohibits schools from long-term suspending or expelling students for conduct caused by or substantially related to their disabilities. When developing these protections, Congress contemplated there would need to be carve-outs for dangerous circumstances, and the law explicitly addresses when exceptions apply.
Despite having legal protections, disabled students are often still subjected to their school’s exclusionary discipline procedures for behaviors clearly related to their disabilities. Whether it be the impulsivity of a student with ADHD, or the communication style of a student with autism, kids can find themselves being excluded and punished for behaviors schools should be addressing through special education services and procedures outlined in the law. Furthermore, school policies for sharing student data with law enforcement generally appear not to consider the circumstances of students with disabilities.
School discipline also disproportionately affects other student populations, such as students of color. Black, American Indian, and Alaskan Native students face school discipline and law enforcement referrals at rates that exceed the general student population across the nation. Data available from Arizona indicates a similar imbalance in discipline by race. Studies also show that Black students are more likely to be referred for behaviors under rules associated with aggressiveness like disrespect or threats, while white students are more frequently referred for similar behavior but with less-serious labels like vandalism or obscene language.
Considering so much data showing that disabled students and other specific student groups can be excessively harmed by school discipline procedures, it is worth taking a moment to consider the impact on all Arizona students when considering reforms like sweeping zero-tolerance policies and immediate law enforcement notification. These measures may serve to reassure some students and parents of school safety, but come at the cost of school safety for others, as school discipline can lead to exclusion from learning, civil and criminal legal entanglements, and dangerous, sometimes deadly, encounters with law enforcement.
Situations like these may indicate the need for evaluations and in-school interventions, rather than exclusionary discipline practices that remove the student from a learning environment and cut off their ability to reflect, change, and grow from an incident. A more appropriate and productive approach might entail calling a student’s team together to discuss whether different school-based services would better meet the students’ needs and allow them to attend school safely.
Disability Rights Arizona urges school leaders, parents, law enforcement, and community members to remain mindful of students with disabilities and other populations who may be impacted unfairly when developing school safety policies and enacting stricter discipline structures. Let’s find solutions that keep all, not just some, Arizona students safe.
What can students and families do?
Disability Rights Arizona encourages students with disabilities and their families to know your rights when it comes to school discipline.
There are several know-your-rights resources on Disability Rights Arizona’s website that we encourage you to review:
- Special Education School Discipline Animated Explainer Videos – provides information on the rights of students with disabilities facing school discipline
- Special Education Dispute Resolution Animated Explainer Videos – provides information on the various dispute resolution options available to students with disabilities, including options for disputing a school discipline decision
- School Discipline Flowchart – for help understanding how school discipline works for students with disabilities
- The Manifestation Determination Review – FAQ and infographic
- Protections for Students Not Yet Identified as Having a Disability – Information and template letter for students facing discipline who may have a disability but have not been officially identified as having one yet
Disability Rights Arizona further encourages students and parents to stay up-to-date on school policies and practices:
- Parents and students can weigh in on proposed changes to school discipline policies at school board meetings
- Review your school’s specific policies using the Arizona School Board Association’s PolicyBridge website – most discipline policies start with the letters “JK”
- Not all schools use this website—some may post their policies elsewhere online, or you can request a copy of the school’s discipline policy from the front office
- Visit your school’s website often and review all communications sent by school leadership about new or changing policies
*Jared Gunn is a 3L law student at the University of Arizona James E. Rogers College of Law interning at DRAZ
