Although there are federal protections for students with dis/abilities under the Individuals with Disabilities Education Act (IDEA) 1975, Black students with and without dis/abilities continue to be suspended and expelled at rates that exceed their peers. Still, there is limited research on how Black girls and Black boys are disciplined across suspension types, and based on their identification for special education services. The purpose of this article is to examine the overrepresentation of Black girls and Black boys with and without dis/abilities and to determine, using a quantifiable percentage, how the overrepresentation of Black students for in-school and out-of-school suspension can be eradicated. We use data from the U.S. Department of Education, Office for Civil Rights, Civil Rights Data Collection 2011–2012 to examine equity (justice and fairness) in disciplinary referrals using state-by-state and regional data. Using an equity formula, we analyzed national data to determine the magnitude of Black females’ and Black males’ overrepresentation in in-school and out-of-school suspensions for students with and without dis/abilities. This study indicates that Black females with dis/abilities had the highest rate of overrepresentation in the Midwest in in-school and out-of-school suspension. In comparison, Black males experienced a greater representation in in-school suspension. Regardless of geographic area Black girls and Black boys are continuously being overrepresented in disciplinary punishments. To end the over-representation of Black girls and Black boys in in-school and out-of-school suspensions, schools and policy makers must collaborate with communities of color, eliminate teacher implicit and explicit racial biases, and discontinue racially punitive school policies.
The enactment of the Every Student Succeeds Act (ESSA) in 2015 by President Barack Obama increased accountability requirements and was designed to reduce achievement and opportunity gaps, and racial disproportionality in school discipline. Despite the implementation of ESSA, Black girls still continue to experience hypercriminalization and policing, and when disaggregated by race and gender, they still receive the highest rates of disciplinary punishments in school and out of school. In this article, we discuss how Black girls in the Pk–12 public school system are invalidated and ignored in educational policy discourse and in school reform. In our discussion, we argue that ESSA tends to focus on identity categories (such as race, gender, class, and linguistics), and not on the intersectionality thereof, or how race does not operate as a silo (race, gender, social class, and other parts of our identity are layered and form a mosaic). We draw from literature on Black girls, zero tolerance, and critical race feminism to examine Black girls’ disciplinary punishments in Chicago Public Schools, and ESSA's effect on a national scale. In our analysis of quantitative data from Chicago Public Schools, we find that, in the third largest district in the United States, Black girls are disproportionally the recipients of out-of-school suspensions. Black female students received 78% of all female out-of-school suspensions during the 2016–2017 school year. A majority of the actions that Black girls were punished for were minor in nature and not due to violence or criminal offenses. We find that when Black girls are made invisible during the policy process and made visible when they are recipients of bias punishments, they will be more susceptible to receiving hyperpunitive disciplinary outcomes. Therefore, this article recommends that schools, policy makers, and researchers examine how harsh discipline and exclusionary policies affect Black girls as racialized and gendered beings while not ignoring the needs of Black female students during the school reform process.
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