Suspended Animation: A Legal Perspective of School Discipline and African American Learners in the Shadows of Brown

The Brown v. Board of Education Supreme Court’s unanimous decision (1954) held promise for many African American children and youth. Sixty years after Brown, racial disparities in school discipline have garnered national attention in the professional literature. This article extends the post-Brown discourse beyond the achievement gap to the discipline gap, or the disparate disciplinary practices that impact African American learners in Prekindergarten to 12th grade settings. After Brown’s legal theories are advanced, the discussion focuses on school discipline and the impact of zero tolerance policies on African American learners. Lastly, interdisciplinary recommendations are proffered for educators, policymakers, juvenile justice, families, community members, and other agency personnel.