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28 N.Y.U. J. Legis. & Pub. Pol'y 1 (2025-2026)

handle is hein.journals/nyulpp28 and id is 1 raw text is: RETRENCHMENT, SEGREGATION, AND PUBLIC EDUCATION: A FIVE-YEAR ANALYSIS OF STATE EXCLUSIONARY SCHOOL DISCIPLINE LEGISLATION Thalia Gonzdlez & Will Martel* Notwithstanding the decision in Brown v. Board of Education formally ending educational segregation and more than two decades of state reform, the legislative landscape protecting minoritized children from the structural violence of exclusionary school discipline has dramatically shifted in less than five years. From the passage of state Teacher's Bills of Rights to mandatory expulsions, rescissions of prior protections, and new categories of removal, a retrenchment of anti-inclusion legislation-and its corollary, educational carcerality- has occurred. While studies of other forms of legislative retrenchment in K-12 public schools, such as anti-Critical Race Theory and Don't Say Gay laws, literacy bans, and anti-transgender measures, have drawn sharp attention to the purpose and functionality of such laws to erase, exclude, and punish children, unaccounted for within this literature is the simultaneity of new bills that physically segregate children from their public school classrooms and communities. This Article addresses that gap and introduces the first systematic review of regressive state exclusionary school discipline bills proposed from 2020 to 2025. * Thalia Gonzalez, J.D., Hervey Chair and Professor of Law; Faculty Co-Director, Center for Racial and Economic Justice, the University of California, College of the Law, San Francisco. Will Martel, J.D., the University of California, College of the Law, San Francisco. We wish to extend our gratitude to Alyssa Scott and Addison Lyons for their assistance in the preparation of this Article. We also wish to acknowledge and thank Paige Joki for her valuable feedback on different stages of the study and this Article. No work could be published without the care and diligence of the Journal editorial team and we are deeply appreciative for their assistance. Throughout this Article, we join with other critical scholars in the deliberate act of capitalizing Black and other racial categories for people of color, such as Latin6, while keeping white in lower case, as white does not describe a group with a sense of common experiences or kinship outside of acts of colonization and terror. Michael J. Dumas, Against the Dark: Antiblackness in Education Policy and Discourse, 55 THEORY INTO PRAC. 11, 13 (2016). 1 Imaged with Permission of N.Y.U. Journal of Legislation and Public Policy