[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] 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".
The law prohibited any "obnoxious" behavior or "loiter[ing]" at any girls' school or college, with a penalty of up to a $100 fine or 30 days in jail.
In 1967 after African American students protested against segregation in Orangeburg, South Carolina, it was proposed to change the law to prohibit obnoxious behavior at all schools in order to "keep(ing) outside agitators off campus," according to the bill's sponsor.
[10] In 1969 the U.S. Supreme Court ruled that students had a right to protest peacefully on school grounds, as long as they did so without "materially and substantially" disturbing class.
"[2] Concerns over the broad application of some school disturbance laws have led to calls for changes around the country for over four decades.
[19] In September 1970, the President's Commission on Campus Unrest warned of "antistudent and antiuniversity laws that range from the unnecessary and ill-directed to the purely vindictive.
South Carolina's Richland County Sheriff Leon Lott stated: "Too often, these teachers in these schools are calling on the cops because they have a disruptive student in the classroom."
"[18] Studies dating back to the 1980s have shown that students of color and those with learning disabilities are disproportionately affected by school policing policies and practices than are Caucasian or fully able-bodied students, even after accounting for socioeconomic conditions that may affect behavior; they are more frequently disciplined for minor public order offenses.
[17] Concerns over racially based application of these laws have fueled the push for changes around the country from government officials in the Nixon and Obama administrations.
"[19][24] In 1970 the President's Commission on Campus Unrest report warned that "legislators in a majority of states have passed antistudent and antiuniversity laws that range from the unnecessary and ill-directed to the purely vindictive.
"[17][27] In 2012, after Texas changed its school disturbance law, the number of charges filed for minor offenses such as disrupting class dropped 61 percent, or 40,000.
"[28] The U.S. Department of Defense's 1033 surplus equipment program has since 1997 donated local and school police with over $5 billion surplus equipment, including armored vehicles, M-14 and M-16 semiautomatic rifles, extended magazines, automatic pistols, tactical vests, SWAT gear, Mine-Resistant Ambush Protected (MRAP) vehicles, and grenade launchers (used for launching tear gas).
[28] School police in at least 22 districts have received such weapons in eight states: California, Florida, Georgia, Kansas, Michigan, Nevada, Texas, and Utah.