Last Updated on September 3, 2024 by Michelle Ball
By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995
California schools have started implementing “restorative justice” to reduce out of school punishments, such as suspension and expulsion. What is restorative justice, and is it better than a school suspension?
What is Restorative Justice?
Restorative justice is a newer concept in California schools. Instead of forcing students out of the classroom or school, such as on suspension, student disputes are resolved through students meeting and hashing it out. It can be used before there are discipline issues (or after).
For the past few years, there has been a movement to keep students in school when they do wrong, rather than suspend or expel them. This followed various studies (Losen & Martinez 2020, Cano & Hong 2020) which found that certain kinds of students were being suspended and excluded from school more frequently.
Per the California Department of Education page “Restorative Practices and School Discipline:”
Schools throughout California have adopted restorative practices as a means to curb the use of exclusionary discipline, allay racial disparities in discipline, and improve school climate. (July 2024)
Restorative justice in schools is a fantastic idea, which, if effective, should lessen suspensions, expulsions, reduce the school to prison pipeline, dropout rates, and raise student morale.
Government Pushing Restorative Justice Practices
Our legislature has changed multiple laws over the past few years to try to curb suspensions. The California Department of Education and the Public Counsel have also strongly supported school discipline reform.
This started with laws being changed to try to reduce suspensions for willful defiance or disruption and, to require alternatives for some first offenses. The government also came out with advisories pushing an end to exclusionary discipline practices where possible.
Why this push? Per the CDE site:
Instead of correcting students’ behavior and making communities and schools safer, the quick removal methods, such as out-of-school suspension and expulsion, deprive students of the chance to receive the education and help that they need, making it more likely that they will drop out of school, enter the criminal justice system, and place their future options in jeopardy. There is a much better way to hold students accountable and keep schools safe. (July 2024)
Restorative justice and discipline alternatives, are being pushed hard from the top down, by the Big Kahunas that are our state government.
What Happened to Zero Tolerance?
Does anyone remember “Zero Tolerance?” We have come a LONG way from the good ol’ zero tolerance days of the 1990s and earlier 2000s. Zero tolerance was just that: no tolerance for wrongs by students, and lots of suspensions and expulsions. You do wrong, you’re out of school! No tolerance or flexibility.
Some offenses tend to be more “zero tolerance-y” such as the “Big Five” expulsion offenses. Schools still have forms of zero tolerance policies in place, but they definitely conflict with this new era of restorative justice. Restorative justice tries to address student wrongs while the student stays in school.
Restorative justice is about as far from zero tolerance as a school can get, other than wiping out the expulsion and suspension statutes altogether, which who knows, could be next (really).
Does Restorative Justice Work?
Does restorative justice work? Sure and definitely.
Getting two students together to talk about issues can definitely be enough, if there are social disputes, non-violent conflicts, or for other minor student problems. Students can be encouraged to work it out together, with a school official present. The goal is for any problems to be handled and ended. It is a great goal.
Some examples where school restorative justice may work would be: ending gossip among students, disputes over seats, ownership of items, or to end verbal shouting matches.
Minor offense? Try restorative justice— in these situations, it certainly can’t hurt.
Restorative Justice is Better for the Student Who Did Wrong
And yes, restorative justice is better for an accused student, usually, than a suspension. The student gets to explain themselves, and make up with the person they wronged. They also get to stay in school learning (instead of going home to do chores all day).
The student also has no record of suspension to contend with!
Parents and their finances may be better off also, as parents don’t have to take a day off of work to watch the student.
And, hopefully, the school becomes a little bit safer, as two students with a conflict, resolved it…. Win winning all around.
When is student restorative justice not appropriate? Check this post out here to find out.
Student attorney Michelle Ball can help California students from preschool through graduate school. As a lawyer in Sacramento, she helps throughout the Golden State. She can assist in Folsom, Roseville, Hayward, Monterey, Lodi, and all other California locations.
