Using critical policy analysis to examine competing discourses in zero tolerance legislation: do we really want to leave no child behind?

The increasing use of zero tolerance discipline policies in the USA has led to a ‘discipline gap,’ in which minoritized students receive harsher and more frequent suspensions and expulsions than their peers from dominant cultural and socioeconomic backgrounds. Though disciplinary decisions are made by educators at the school level, mandates regarding the disciplinary infractions that must result in exclusionary discipline are made at the federal and state levels. Using a theoretical framework that distinguishes the discourse of safety from the discourse of equity, this critical policy analysis examines how state-level zero tolerance legislation portrays educators, students, and school discipline and reflects neoliberal influence. Findings show that these policies narrowly define schools’ roles as developing academic, but not behavioral, skills. Students are portrayed as rational actors who deserve the punishment meted out by educators when students choose to behave disruptively; and educators have absolute power and their decisions regarding student discipline are reflected as being consistent and objective. Nevertheless, legislation in some states also acknowledges students’ needs for a more holistic approach to their education and mandate continued education and support services to help them after they are removed from school. An example from one California district illustrates findings and demonstrates how both discourses are inadequate in challenging neoracism.