Outsourcing Discipline

State law gives schools wide discretion to make referrals to law enforcement.

State law requires schools to make referrals for any offense that violates its criminal code.

State law requires local districts to establish formal procedures regarding school referrals to law enforcement.

While there was an overall decrease in exclusionary discipline practices at public schools across the United States between the 2015-2016 and 2017-2018 school years, three types of exclusionary disciplinary practices have increased—expulsions, schoolrelated arrests, and referrals to law enforcement.7 Black children and students with disabilities are disproportionately affected. Nationwide, both groups were referred to law enforcement at nearly twice their share of the overall student population.8 For example, despite making up about only 15% of the student population, Black students comprised 28.7% of all students referred to law enforcement and 31.6% of all students arrested at school in the 2017-2018 school year.9 Similarly, students with disabilities make up about 15% of the overall student population but 29.7% and 29.5% of referrals and school arrests, respectively.10