The School-to-Prison Pipeline and Its Effects on LGBTQ+ Youth

By Kennady Basdekis-Morin, Taheera Washington, and Lauren Wilson

LGBTQ+ youth are overrepresented in the United States juvenile justice system. The situation can be attributed to the school-to-prison pipeline, which disproportionately affects LGBTQ+ youth. Despite being an estimated 5-7% of the total youth population, they make up 15% of incarcerated youth.

As described by the American Civil Liberties Union (ACLU), the school-to-prison pipeline is a national phenomenon wherein children and teenagers who attend public schools are pushed into the juvenile justice system. The youth who end up in the juvenile justice system are typically students who need additional learning or counseling services. Rather than receiving additional services such as academic and mental health counseling, they are often punished and disciplined through zero-tolerance policies that criminalize minor behavioral infractions.

LGBTQ+ youth in America, particularly transgender and nonbinary youth, are up to three times more likely to experience harsh disciplinary treatment by school administrators than their non-LGBTQ+ counterparts. GLSEN reports that one-third of LGBTQ+ students miss school in a given month because they do not feel safe, compared to the national average of 4.5% for all students. As a result of missing school to avoid being bullied by their peers, LGBTQ+ youth have a greater risk of facing truancy charges and ultimately ending up in the juvenile justice system. Along with higher rates of harsh disciplinary treatment from schools, LGBTQ+ youth face exclusionary practices that socially isolate them from their classmates.

Created by Kennady Basdekis-Morin, Taheera Washington, and Lauren Wilson

The situation is especially apparent in the state of Texas, where state law (Tex. Health & Safety Code § 85.007) requires that educational materials for minors describe homosexual conduct as an unacceptable lifestyle and a criminal offense. Additionally, there are 12 anti-trans legislative bills being deliberated by the Texas State Legislature. Many of these bills attempt to ban transgender youth from after-school athletics. At an April 2021 rally against anti-trans legislation at the Texas State Capitol, Diamond Collier, the Executive Director of Black Transwomen Inc., claimed that these bills will, “bar them from friendships, education, teamwork, and the health benefits of playing a sport.” This is a sentiment shared by many within the community, like Presbyterian Pastor and trans activist Reverend Remington Johnson.

“Part of the brutality of these bills for trans kids is that these kids, if they chose, could choose to live a very normal life where no one knew that they were trans,” Reverend Johnson said. “They have a choice that some of us older transitioners never did.”

An estimated 2% of youth in Texas are LGTBQ+, but they make up 13% to 15% of the youth population in Texas’s juvenile justice system according to a 2018 report from the Texas Criminal Justice Coalition. Like in other parts of the United States, Texas LGBTQ+ youth typically enter the juvenile justice system as a result of a combination of harsh disciplinary policies and exclusionary practices in schools and at home. Generally, family and group home rejection causes LGBTQ+ youth to experience homelessness.

As a result of chronic homelessness, LGBTQ+ youth are more likely to stay in the juvenile or adult criminal justice system. They are often charged with non-violent crimes pertaining to their survival, such as runaway charges, camping, curfew, and drug possession. In Texas’s Travis County, due to the combined effects of harsh discipline, exclusionary practices, and the criminalization of poverty, one-quarter of youth experiencing homelessness identify as LGBTQ+.

The school-to-prison pipeline and its effects on the United States’ LGBTQ+ youth need to be addressed at the federal, state, and community levels. It is essential for legislators and policymakers to implement laws that uphold the civil rights and liberties of LGBTQ+ youth and expand services that cater to their needs. To counteract this ongoing governmental issue, school districts in the United States have been implementing new educational programs known as Restorative Justice in Education (RJE) practices. The programs work to eliminate harsh disciplinary policies and exclusionary practices in schools.

Restorative Justice in Education (RJE) practices aim to replace the existing zero-tolerance policies that disproportionately impact LGBTQ+ youth and students of color. RJE practices are guided by several values and principles, including dignity, respect, accountability, and fairness. Several reputable civil rights organizations and teacher organizations have advocated for RJE practices, including the American Federation of Teachers (AFT), the Equality Federation Institute, and the Gay-Straight Alliance (GSA) Network.

RJE practices have been proven to reduce harsh disciplinary policies and foster more inclusive school environments. In 2016, the Dallas branch of the National Education Association (NEA) worked with Dallas Independent School District to pilot RJE programs. The district implemented restorative programs in six elementary and middle schools around the city. The programs focused on improving respectful communication skills, and building relationships between faculty, students, and their peers.

One of the major elements of the piloted programs was ‘classroom circling,’ which was used to solve conflicts as well as build relationships. When classroom circling was used to solve a conflict, each student had the opportunity to voice their concerns and interests without disciplinary consequences. With this practice, students are not blamed and disciplined for an infraction they may or may not have committed.

At the six Dallas elementary and middle schools where Restorative Justice in Education programs were piloted, in-school suspensions dropped by 70% and out-of-school suspensions dropped by 77%. Essentially, the rate of students sent to alternative schools dropped in half. Dallas Independent School District introduced its piloted programs, including classroom circling, to the rest of its schools. From this pilot program in just one school district, it is evident that RJE programs and intuitive teaching techniques can greatly reduce the harsh disciplinary policies and exclusionary practices that feed into the incarceration of LGBTQ+ youth, furthering the school-to-prison pipeline.

Dismantling the school-to-prison pipeline system to improve the lives of LGBTQ+ youth and students of color will require a dedicated effort from policymakers, school administrators, and teachers. But, it will also require the ally-ship of all community members. As stated by a mother at a rally against anti-trans legislation at the Texas State Capitol in April 2021, LGBTQ+ youth, including her trans daughter, “want nothing more than to fit in with their peers and be themselves.” Those looking to get involved can look to resources such as the Transgender Education Network of Texas (TENT), the Human Rights Campaign, and The Trevor Project to gain further awareness of the school-to-prison pipeline and its impact on LGBTQ+ youth. Texans looking to show support locally can contact Texas State Senators John Cornyn and Ted Cruz, sign petitions, and open dialogue with family and loved ones in the hopes of furthering humanity and improving the futures of kids affected by the school-to-prison pipeline.