State Takeover Districts and the School-to-Prison Pipeline: A Due Process Violation?

• In Event: Controlling Students and Populations With the Law

Abstract

This presentation examines the State-Created Danger Doctrine – an outgrowth from the Due Process Clause of the 14th Amendment – to assess whether the reconstitution of schools and school districts in predominately Black areas violates the Constitution. This study applies a statistical evaluation of discipline data to determine that reconstituted schools are associated with higher disciplinary rates for Black males than are locally-run schools. The presentation applies a legal analysis to determine if the State-Created Danger Doctrine is a viable legal argument to disrupt the school-to-prison pipeline, enhanced by state takeovers, in Detroit, Memphis, and New Orleans. The results suggest that Detroit and Memphis might find success using the State-Created Danger Doctrine, but New Orleans might not find similar success.

Author

• Steven Leonice Nelson, The University of Memphis