By Peggy Nicholson

In many respects, the evolution of juvenile court reform and school discipline reform follow similar trajectories. This Article begins by tracking those respective evolutions. Part I outlines the evolution of the juvenile court system in the United States and focuses on the fledgling system’s distinction of children from adults and its “rehabilitative ideal” that children could outgrow challenging behavior if given the right treatment and services. After a long period of “adultification” of the juvenile court in response to rising crime rates, more recent reform efforts have focused on returning to the early court’s rehabilitative model, including policies that would keep young children out of juvenile court altogether. With the context of the juvenile court’s evolution in mind, Part II tracks the history of exclusionary school discipline, which is defined as any school disciplinary action, typically a suspension or expulsion, that removes a student from his or her typical education setting. Many of the same rationales for the “adultification” of the juvenile court, including the myth of the juvenile superpredator and the rise of a zero-tolerance approach to discipline, led to a sharp increase in the use of exclusionary discipline throughout the latter half of the twentieth century. However, with a growing body of research showing the harm and inefficacy of exclusionary discipline, advocates for discipline reform have pushed to decrease its use, which has included proposals to ban or limit exclusionary discipline for young students. The efforts to protect young children from both juvenile court intervention and exclusionary discipline are explored respectively in Parts III and IV. Part III describes the movement to “Raise the Minimum Age” of juvenile court jurisdiction as an avenue to bar court processing for young children. Notably, Part III outlines the variety of rationales that have been used to support raising the minimum age and charts the success of the movement in the last decade. Against this backdrop, Part IV turns to the movement to end exclusionary discipline for young children. Although important differences between the juvenile court and school discipline exist, many of the same rationales that support keeping young children out of juvenile court also apply to protecting young children from exclusionary discipline. Despite these similar rationales, which are explored in Part IV, the movement to end exclusionary discipline for young children has had less success, with fewer states adopting these measures. Further, most states that have passed laws limiting school exclusion for young students still allow exclusions to move forward in many circumstances. Part IV tracks existing statewide efforts to limit exclusionary discipline for young children and describes some of the challenges faced by these reform efforts. Despite the challenges, there are also opportunities. Part V highlights lessons learned from the “Raise the Minimum Age” movement to make recommendations for building momentum for states to end exclusionary discipline for young children. Given the willingness in many states to protect young children from juvenile court intervention, there is hope that similar arguments and advocacy strategies can be utilized to advance statewide policies that will protect those same young children from the harm of exclusionary discipline.

11 Belmont Law Review 334-383 (2024)