School disturbance laws, also known as school disruption laws, are a series of state laws within the United States that prohibit and instill penalties for those found guilty of disturbing the operations of a school. In some states, merely "disturbing school" is a crime, with the law giving no further definition or guidance to those charged with enforcing the law.[1] Enacted by states in the early 20th century to protect students from outside adults, since the Civil Rights Era they began to be used against students within the schools. As of 2017, there are over 20 states with these laws still in place, although they remain actively enforced by only some. It is reported that nationally, 10,000 juveniles are charged with "disturbing school" each year, in addition to those who are charged as adults.[2] The application of these laws, including arrest, expulsion, and incarceration, are in many states part of the "school to prison pipeline," the channeling of students of all ages into the criminal justice program. This frequently has adverse effects on students' academic performance, ability to remain in the educational system, likelihood of adult incarceration, and their future success in society.[3]
Criticism of the laws is widespread and has been so since as early as 1970.[2] This includes concerns that the laws' vagueness gives enforcement officials too much discretion in interpretation which criminalizes classroom misbehavior that previously would have been handled through school discipline;[4] they are applied unevenly, depending on the biases of those enforcing them;[1][2] they are enforced disproportionately against students of color, with disabilities, and/or those identifying as LGBT;[5] and they are a main tool of in-school police officers, many of whom are armed and whose training and attitudes – geared for adult law enforcement situations – have been found to be no more effective than non-criminal justice methods in ensuring safety in schools.[3] A 2017 lawsuit claims one state's law "creates an impossible standard for school children to follow and for police to enforce with consistency and fairness".[6][7]
Several incidents in the media recent years have highlighted the use of law enforcement in schools and the underlying disturbance laws. These include videos of a School Resource Officer in South Carolina high school dragging a student across the classroom for refusing to stop using her mobile phone, then arresting her and a fellow student for recording the incident; and an autistic 11-year-old student tackled to the ground by school security, then charged with felony assault for resisting.[3] Numerous articles about these incidents have raised awareness of the school disturbance laws and their problems, including their broad interpretation and application, such as South Carolina's law which makes it a crime to "disturb school" or to "act in an obnoxious manner."[3]
Studies in the early 21st century have questioned the effectiveness and fairness of the laws and their application. Several states revised their school disturbance laws to lessen the impact of the criminal justice system on students within schools.[7][8]