Tinker’s Troubled Legacy
Tinker’s Troubled Legacy
Discipline, Disorder, and Race in the Schools, 1968–1985
This chapter examines how ideas about race and order shaped the way the courts’ articulated students’ rights in relation to school discipline in the 1970s and early 1980s, placed in context of the rise of mass incarceration. The chapter begins by discussing how advocates for students of color confronted racial disparities in school discipline and the ways that the courts limited the kinds of claims students could make about racial discrimination in suspensions and expulsions.In Ingraham v. Wright, the Supreme Court ruled that the Eighth Amendment does not prohibit school officials from using corporal punishment. In New Jersey v. T.L.O., the Court determined that students’ do have a limited right to privacy in relation to searches of their clothing and belongings at school. This chapter places these cases within the context of a longer history of a punitive turn in education and demonstrates how these rulings reinforced existing racial inequities in school discipline.
Keywords: school discipline, corporal punishment, right to privacy, Eighth Amendment, Ingraham v. Wright, racial discrimination, suspensions, expulsions, mass incarceration, New Jersey v. T.L.O
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