The Right To Be Literate
The Right To Be Literate
I n 1988, the Modern Language Association hosted “The Right to Literacy” confer-
ence at the Ohio State University. Arguing that literacy was a “right” as opposed
to a “privilege,” participants in this conference grappled with the relationship
between literacy, freedom, democracy, and citizenry (Lunsford, Moglen, & Slevin,
1990, p. 2). Twenty years later, scholars contributed to an edited volume titled
Literacy as a Civil Right: Reclaiming Social Justice in Literacy Teaching and Learning
(S. Greene, 2008). In this volume, S. Greene and his colleagues, who initially pre-
sented their work at the 2006 National Council of Teachers of English Assembly for
Research, challenge and reclaim “the notions of civil rights and social justice,” which
they posit “have been appropriated by conservatives to explain the goal of increased
accountability and testing” (p. 3). Scholars in Greene’s edited volume confront the
culture of accountability and testing as well as practices that put African American
and Latino youth in American public schools under the watchful and critical gaze of
the rest of the country. While Greene builds on Nieto’s components of social justice,
and more specifically her assertion that “social justice is about understanding educa-
tion and access to literacy as civil rights” (Nieto cited in S. Greene, 2008, p. 4),
Greene and others question and critique power and privilege through the lens of
critical race theory making race and class central to the relationship between school-
ing, literacy, citizenship, and civil rights. Classroom practitioners and education
nonprofits have joined this growing body of research. In The Right to Literacy in
Secondary Schools: Creating a Culture of Thinking, Plaut (2009) and her colleagues
seek to show what schools that adhere to teaching literacy as a “right” may look like
in order “to spark a social movement to ensure our education system empowers every
student to become fully literate” (p. 1). As scholarship increasingly explores literacy
147
148 Review of Research in Education, 35
as a “right” for youth, incarcerated and formerly incarcerated youth are often missing
from this discussion. Childhood poverty, the lack of early childhood education, and
the denial of a college-preparatory K–12 education promoting critical literacies have
contributed to producing what has been referred to as the school-to-prison pipeline
(Children’s Defense Fund, 2007; Duncan, 2000; Fisher, 2008; Meiners, 2007;
Polakow, 2000). Youth in underserved and underperforming schools that focus more
on discipline policies as opposed to academic rigor would benefit the most if educa-
tional institutions adopted the view of literacy as a right. “Unequal life chances”
among America’s children (Polakow, 2000, p. 10) and the denial of literacy as a civil
right are two ways African American and Latino youth are ushered into this pipeline
(Lipman, 2008). This review of the research seeks to address how and why particular
youth have become potential victims of the school-to-prison pipeline and why schol-
arship seeking to examine the relationship between literacy and civil rights must
make these young lives central to the discussion.
Racial disparities in the U.S. juvenile justice system are widespread (Duncan,
2000; McGrew, 2008; Meiners, 2007; Poe-Yamagata & Jones, 2000; Polakow,
2000). Arguing that the “racial and ethnic disparity in discipline sanctions has not
received the attention it deserves,” Gregory, Skiba, and Noguera (2010) posit that
more studies examining the relationship between the achievement gap and “disci-
pline gap” are needed (p. 65). The purpose of this chapter is to examine the literature
on the school-to-prison pipeline—that is, the ushering of African American and
Latino youth from schools to jails and prisons through suspensions, expulsions,
miseducation, and “diploma denial” (Fine & Ruglis, 2009). We interrogate this lit-
erature to examine and complicate the relationship between this so-called pipeline
and the denial of literacy as a civil right. Ultimately, we argue that youth-centered
scholarship focusing on cultivating critical literacy skills for urban youth can gener-
ate possibilities for disrupting and dismantling this pipeline. Educational research
needs to raise critical questions about children in urban public schools who routinely
encounter surveillance and policing more than a rigorous curriculum and safety net
of caring adults. For example, scholarship examining the school-to-prison pipeline
has asked, “Whose children do we see when we construct the meaning of childhood
at the dawn of the new century in the United States? Which young lives matter and
which young lives do not?” (Polakow, 2000, p. 2). Some questions are even more
straightforward: “Are the children our future or are they not?” (Gallagher, 2007).
These questions challenge education research and the role of teacher education and
policymakers in disrupting and dismantling this pipeline.
In this chapter, we provide a selective review of both research and policy repre-
sented in part by two concepts that have been discussed in educational research—the
“right to learn” (Darling-Hammond, 1997, 2006) and the notion of “literacy as a
civil right” (S. Greene, 2008; Plaut, 2009) and how these issues of access and equity
are undermined by the school-to-prison pipeline. First, we outline how scholarship,
and literacy research in particular, has embraced the ideology of looking at critical
Winn, Behizadeh: The Right to Be Literate: Literacy, Education 149
literacy and learning as civil rights in an effort to convey the urgency of creating
young learners who are equipped for 21st-century ways of knowing. Critical literacy,
according to Morrell (2008), “is necessary not only for the critical navigation of
hegemonic discourses; it is also essential to the redefining of the self and the trans-
formation of oppressive social structures and relations of production” (p. 5). We
argue that the lack of opportunities for youth to engage in literate practices such as
reading, writing, and speaking feeds the school–prison nexus.
Next, we provide a narrative of the history of the “educational debt” that has
contributed to and in some cases propelled inequities by ushering youth from
schools to jails and prisons (Ladson-Billings, 2006). We contextualize salient issues
facing urban youth in a larger discourse of the “educational debt” as opposed to
focusing on the language of the “achievement gap” because of the legacy of denying
education and thus literacy as a “civil right” (S. Greene, 2008). The historical fram-
ing is followed by an examination of school-to-prison pipeline literature, both schol-
arly works as well as policy reports, in order to examine the factors that create this
so-called pipeline and how it affects urban youth. We offer a discussion of emerging
scholarship that challenges the school-to-prison pipeline by focusing on critical lit-
eracy development and how critical literacy can be used as a tool for urban youth.
Finally, we offer researchable and practice-focused issues to consider. Throughout
this chapter, we use a sociocritical lens to understand literacy (Gutiérrez, 2008)—
that is, a lens that underscores “historicizing literacy.” We aim to show the relation-
ship between the school-to-prison pipeline and a legacy of leaving particular students
behind.
A key link between inequitable school policies and prisons is low-quality educa-
tion or a lack of education. Official policies such as zero-tolerance discipline and
unofficial policies such as overrepresentation of students of color in special education
affect the quality and quantity of education students receive, which affects students’
academic achievement and opportunities (Meiners, 2007). Time spent in out-of-
school and in-school suspensions or misplaced in self-contained special education
classrooms contributes to the gap in standardized test scores between White and
Black students. As data from the National Center for Education Statistics (NCES)
demonstrate, Black students are significantly trailing behind their White counter-
parts in terms of standardized test scores. Across all subject areas, White students on
average score 26 points above Black students on a 500-point scale (Vanneman,
Hamilton, Baldwin Anderson, & Rahman, 2009). Gaps in test scores are misleading
and are not the real problems. The real problems are a focus on basic skills, reme-
diation, and overzealous test preparation that occurs more often in classrooms serv-
ing students of color (Apple, 2001; Gillborn & Youdell, 2000).
Low-quality literacy education is a key component of the school-to-prison pipe-
line. In this section, we review research on how literacy education, which values
student backgrounds and develops critical reading and writing skills, is all too often
missing in classrooms serving students of color. The causes for violations of the right
to literacy are explored, including narrow constructions of literacy, the impact of
federal accountability policies, false beliefs in color blindness, a discourse of defi-
ciency regarding students of color, and deficit views of languages other than main-
stream American English. Even one of these issues can limit a student’s access to
critical literacy; unfortunately, many of these issues appear together.
Cross-culturally, literate practices are not the same. By the first decade of the 21st
century, UNESCO reported that early literacy campaigns internationally “revealed
that literacy cannot be sustained by short-term operations or by top-down and uni-
sectoral actions primarily directed toward the acquisition of technical skills that do
not give due consideration to the contexts and motivations of learners” (UNESCO
Education Sector, 2004). In other words, the social context of learning cannot be
ignored. Teaching basic literate skills that are not equally valued or even valid across
countries needs to be replaced with literacy education that connects to the specific
social realities and literate practices of culturally diverse communities.
We use Street’s (1984) conception of literacy when we speak of literacy as a civil
right, including critical reading skills, learning to analyze and synthesize materials,
making meaning in multiple texts, and engaging in literary reasoning (Lee, 2001).
Denying this right can put young learners at a disadvantage when competing for jobs
or college admissions. Even more alarming, denial of literacy contributes to the pos-
sibility of dropping out or going to prison (Lipman, 2008). It is important to note
that by being offered only one version of literacy, students are in effect denied literacy
because isolated and irrelevant instruction often fails to result in the development of
rich literate practices that are necessary for social and political involvement (Bakhtin,
1981; Cope & Kalantzis, 2000). Literacy as a civil right really translates into “litera-
cies” as a civil right, including children’s right to their own creative and cultural liter-
ate practices, academic literacy, which is on the test, and critical literacy, which
transcends what can be tested, for example, epistemic writing in which writing
becomes “a personal search for meaning” (Bereiter, 1980, p. 88).
If literacy acquisition is viewed through the lens of civil rights, then administrators,
teachers, and researchers must provide students access to hybrid literate practices,
which then allow students to be successful on tests and challenge narrow definitions
of literacy that perpetuate the discourse of deficiency. Both school and student litera-
cies are needed, with the student literacies providing a bridge to school literacies (Lee,
2001; Mahiri, 2000/2001). Schooling is political, and teaching students from diverse
backgrounds the language of power while valuing students’ cultures (Delpit, 1995) is
an important part of dismantling the school-to-prison pipeline because this form of
instruction increases students’ abilities to question, criticize, and create. At the same
time, students have the right to their own language(s) and the language of power
(Kinloch, 2010; Smitherman, 1999). To reduce these apparent tensions, students
need classrooms that value multiple literacies.
education assume homogeneous students and one literacy (Au, 2007; S. Greene,
2008; Lipman, 2008). Current reform assumes that literacy can be reduced to a set
of skills separate from any cultural ideology or practices (S. Greene, 2008). Although
sociocultural perspectives on literacy learning have become widespread (Engëstrom,
1987; Gutiérrez, Baquedano-Lopez, & Tejada, 1999; Gutiérrez, Rymes, & Larson,
1995; Lee, 2001, 2006; Nasir & Hand, 2006; Roth & Lee, 2007), the dominant
paradigm employed by NCLB is that literacy is neutral. When policymakers employ
a neutral conception of literacy, a result has been to increase the amount of time
struggling students spend with irrelevant and basic curriculum that does not connect
to their personal and cultural literate practices, resulting in low academic rigor (Au,
2007). By centering on acquisition of basic and standardized skills, federal policies
such as NCLB, which intend to close the Black–White achievement gap, actually
widen it (Mintrop & Sunderman, 2009). In addition, the idea of neutral literacy
represented in standardized tests may encourage administrators and teachers to
develop a color-blind ideology and discourse of deficiency regarding students who
have different literate practices (S. Greene, 2008; Ladson-Billings, 2009a; Lipman,
2008).
Lipman (2008) argues that “rather than enrich teaching and learning and pro-
mote the sorts of literacies and academic dispositions prized in the new economy,
accountability policies promoted a narrow focus on skills to pass high-stakes tests”
(p. 53). Scholars like Lipman demonstrate how declining academic rigor (specifi-
cally, an emphasis on basic skills rather than higher level skills) because of a focus on
high-stakes testing occurs most often in schools with students of color who have
been historically underserved (S. Greene & Abt-Perkins, 2003; Lipman, 2008).
Students who are already behind because of the “education debt” owed to them
(Ladson-Billings, 2006) are then presented with a watered-down curriculum that
reinscribes the subordination of knowledge and identity historically experienced by
marginalized groups (Lipman, 2008). Of course, the irony is that this is the very
curriculum intended to reduce the achievement gap.
As Fecho and Skinner (2008) argue, “If literacy is a civil right, we need a literacy
that gets beyond the rote skill and drill of phonics, decoding, and comprehension”
(p. 105). Without higher-level skills such as writing persuasively and reading criti-
cally, low-achieving students are not given access to the tools necessary to succeed
both in and out of school. Mintrop and Sunderman (2009) through their work with
the Civil Rights Project have detailed how the federal accountability system encour-
ages states to adopt low standards of achievement so that struggling schools can meet
their goals. Teachers are then pushed “to run a tight ship around test-driven basic
skills remediation . . . This is particularly destructive for poor students and students
of color who, more so than White students, are concentrated in the schools that
NCLB identifies as failing” (Mintrop & Sunderman, 2009, p. 360). Furthermore,
Au (2007) established that high-stakes testing contracted curriculum, fractured
knowledge, and led to teacher-centered pedagogy. In fact, in his meta-synthesis of 49
studies, this dominant “theme triplet” was evident in 75% of the studies that gener-
ated themes in all three aspects of curriculum (p. 263). When students of color are
Winn, Behizadeh: The Right to Be Literate: Literacy, Education 153
denied access to a rigorous and challenging education, their job options become
limited, supporting a “barbell economy” with students of color channeled into low-
paying jobs or prisons (Lipman, 2008).
Denzel, Makayla, and other students in the study stated that they explicitly wanted a curriculum that
focused on what they described as Black history . . . These students would have welcomed explicit
overtures by Green to hand them books and materials that focused on Black people. Green’s unwilling-
ness to acknowledge and notice race and distribute materials to students that reflected their cultural
backgrounds demonstrates the ways in which she is oblivious to her students’ desire for a culturally
relevant curriculum. (p. 141)
Ms. Green most likely thought teaching all her students from one standardized
text was equitable, yet the text she saw as neutral was only presenting a particular
literacy “associated with the transmission and mastery of a unitary Western tradition”
(Giroux, 1987, p. 3). For students with different cultural backgrounds who do not
see themselves in the text, school can be alienating.
Today, students of color are dropping out and being pushed out of high school,
which limits job options and contributes to the school–prison nexus. According to a
report from the Center for Research on Students Placed At Risk (CRESPAR), “A
majority minority high school is five times more likely to have weak promoting
power (promote 50% or fewer freshmen to senior status on time) than a majority
white school” (Balfanz & Legters, 2004, p. v). Another study found that more than
half of high school dropouts are minority students of color: Hispanic, African
American, or Native American (Harada, Kirio, & Yamamoto, 2008). One theory for
why students of color are dropping out of high school is that the curriculum is irrel-
evant, in part because schools fail to acknowledge that different students have differ-
ent needs based on their cultural heritage. Native American students struggle to be
successful in mainstream English-only schools and to balance their heritage with the
values of popular culture introduced through the media (Nicholas, 2005). “Students
who drop out claim that the curriculum is disconnected from real life and that their
schools are impersonal systems where no one really cares about them” (Harada et al.,
2008, p. 14). When the curriculum celebrates European history and ignores African
history, Latin American history, Asian history, and the history of indigenous peoples,
these omissions can insult and alienate students who are not of European heritage.
Winn, Behizadeh: The Right to Be Literate: Literacy, Education 155
Teachers in the textbook study described their students as being without language, as not having appropri-
ate background experiences to prepare them for school, and as being so far behind as to need extensive
remediation to catch up to grade level. (p. 93)
Because these teachers failed to recognize the linguistic diversity of their students,
the teachers reduced the curriculum to the minimum they thought the students
could handle, mostly relying on worksheets that focused on isolated skills. Also,
when African American students used African American Vernacular English (AAVE),
they were told they were wrong. If classrooms redefined curriculum by creating a
mosaic of the varied texts and literate practices of the students, using what Gutiérrez
et al. (1995) call “social heteroglossia,” students would have some agency in what
counts as school-appropriate curriculum. Social heteroglossia increases academic
rigor by aiding in the development of a variety of linguistic tools with which to
problem solve, communicate, and access materials.
Students who do not speak what is often referred to as standard English, or the
language of tests and textbooks, often encounter curricula and teachers that devalue
their primary language. In a Navajo community, McCarty, Romero-Little, and
Zepeda (2006) found that although some students were proud of their ability to
speak Navajo and saw many positive cultural benefits from speaking their traditional
language, other students were ashamed of being able to speak Navajo and scoffed at
those who did so in school. These students had internalized the message taught in
the boarding schools of their parents; speaking Navajo is backward and shameful.
Students associated English with progress and opportunity and felt that they needed
to make a choice between the two languages. Based on her research in schools that
serve Hopi children, Nicholas (2005) forcefully states, “Essentially, schools have
silenced the Hopi people” (p. 33). Similarly, in her work Talkin’ and Testifyin’,
Smitherman (1986) refers to the “linguistic tyranny of American education and its
negative effects on Black students” (p. 243). AAVE or Black English is repeatedly
devalued in academic settings, notwithstanding scholarship demonstrating its lin-
guistic complexity and its benefits for Black children in terms of their cultural iden-
tity (Jordan, 1989; Rickford & Rickford, 2000; Smitherman, 1999). In a diverse
classroom, Kinloch (2005) describes a day in her college composition class when a
student laments how the way she talks results in other people not understanding her,
giving her disapproving looks, and not respecting her opinion. In the words of the
student, “the more proper or standard or the more you sound like the teacher, the
more respect” (p. 92).
156 Review of Research in Education, 35
For all groups that have been historically oppressed, one element in their oppres-
sion was to devalue their language and categorize it as deficient. McCarty et al.
(2006) posit, “The psychosocial and linguistic consequences of genocide, coloniza-
tion, and language repression have been documented for speech communities
around the world” (p. 671). As the previously detailed research has shown, the
devaluing of language is still a functioning practice in American schools. Those who
will not conform, who will not accept that their history and language is deficient, all
too often end up dropping out of school, or more accurately, being pushed out.
Clearly, the right to literacy has been and is being violated for students of color.
When schools subscribe to an autonomous or neutral view of literacy (Street, 1984),
students who have literate practices outside of this narrowly defined realm are ostra-
cized. The bulk of this opening section on literacy as a civil right has focused on
research at the school level, touching on how policies at the district or federal level
are creating a culture that does not value multiple literacies. Next, we turn to a
deeper analysis of the zero-tolerance policies that create a deleterious atmosphere for
learning and explicitly prepare particular groups of students for prison rather than
professional and academic success.
Scholars have argued that the police presence and ushering of particular youth
from schools to jails “illustrates that a failure to control oneself, to keep that anger
in check, to act and learn appropriately, in particular for those in any way marginal-
ized, might mean school expulsion, criminalization, or pathologization” (Meiners,
2007, p. 30). Zero-tolerance policies and practices in schools have become one of the
greatest contributing builders of this pipeline (see Civil Rights Project, 2000;
National Association of the Advancement of Colored People Legal Defense and
Educational Fund [NAACP Legal Defense and Educational Fund], 2005). Although
schools have always encountered students fighting, skipping class, and breaking
school rules, many of these infractions are now being handled by law enforcement
rather than on-site conflict management or intervention strategies. As school admin-
istrators are increasingly pressured to raise test scores, students who are deemed as
distractions and “throwaways” (Bell, 2000) are being removed from class rosters and
attendance sheets. Youth are aware of this “throwaway” status; once they become
disinvested in their education process they become targets for policies and practices
that push them out of schools and into detention centers and jails (Fisher, 2008;
Winn, 2010). Fine and Ruglis (2009) refer such ideologies and practices as “circuits
of dispossession”—that is, a systematic funneling of public education funding to
private enterprises. “With moves toward privatization,” argue Fine and Ruglis, “state
responsibility for the provision of adequate education falls off the hook, testing com-
panies’, private vendors’, and publishers’ profits swell; police-in-school and military
recruitment budgets grow and youth of color slowly disappear” (p. 21). Building and
sustaining relationships among students and their peers, students and teachers as well
as students and school staff become secondary to using budget line items for the
management of Black and Brown bodies.
The “zero-tolerance revolution” (Parenti, 2008, p. 70) has resulted in students
being pushed out and an “overrepresentation” of African Americans in school sus-
pension rates is well documented (Gilliam, 2005; Gilliam & Shahar, 2006; NAACP
Legal Defense and Educational Fund, 2005; Noguera, 2003b). Expulsions and sus-
pensions from school increase the likelihood for incarceration, thus making African
American students prime candidates for the movement from schools to jails. In a
multisited ethnography following incarcerated girls’ trajectory in a theater program
to their involvement after being released from detention centers, Fisher found that
peer conflicts in school, as well as searches by school security (including male security
officers searching girls), feed the pipeline (Fisher, 2008; Winn, in press). Furthermore,
girls who have infractions that initially took place off campus receive probation vio-
lations for any school suspensions.
Many children and youth are scanned, wanded, and greeted by security guards or
polices officers who have been hired as security long before they are greeted by teach-
ers, counselors, and administrators. This culture of surveillance and policing dimin-
ishes opportunities for children to view schools as a potential safety net and teachers
as well as other school personnel as their advocates. Teachers are under increasing
pressure to raise test scores and to meet accountability measures with fewer resources,
158 Review of Research in Education, 35
making them less patient to take care of classroom conflict “in house.” When stu-
dents have been criminalized through such policies, their “developmental needs”
have been compromised “by not allowing students to form strong and trusting rela-
tionships with key adults and by creating negative attitudes toward fairness and
justice” (Advancement Project, 2000, p. 33). Zero-tolerance hides behind a “race-
neutral vocabulary.” However, the reality is that Black and Latino students are enter-
ing the school-to-prison pipeline more than their White and Asian peers. Although
the normalizing of expectations for incarceration has profound consequences for
poor youth of color (Meiners, 2007), it also has implications for teachers and admin-
istrators looking for alternatives to harsh punishments (Yang, 2009). When deten-
tion centers and jails are considered a viable option, school administration and staff
often cease to think critically about strategies, solutions, and alternative ways to
address problems that arise with students and depend on the culture of incarceration.
period of “re-enslavement” took place between the Civil War and World War II
(Blackmon, 2008). Blackmon asserts that in the late 19th century when public edu-
cation was emerging, Black and White per-pupil spending was the same. According
to Blackmon, White people found it “infuriating” to know that part
of their “white taxes” helped educate Black children “rather than solely their own”
(p. 105). Immigrant families and children of migrant farm workers have also experi-
enced discrimination and marginalization in educational institutions (Gutiérrez,
2008; Gutiérrez et al., 2010; Gutiérrez & Vossoughi, 2010).
Similarly, Ladson-Billing’s (2006) concept of an education debt is evidenced in
the discrepancies among per-pupil spending in urban school districts versus districts
in affluent suburbs. For example, Ladson-Billings posits that New York City per-
pupil spending is $11,627 with 72% Black and Latina/o students, while the 91%
White Manhasset schools spend $22, 311 per pupil. Chicago public schools are 87%
Black and Latina/o and spend $8,482 per pupil, while the Highland Park suburb
spends $17,291 per pupil in a district that is 90% White (Kozol cited in Ladson-
Billings, 2006). These figures raise questions about the impact of desegregation in
American public schools. Siddle Walker’s (1996) groundbreaking study of education
in a segregated African American school found that the teachers and students devel-
oped relationships with students that encouraged students to reach “their highest
potential.” Although Siddle Walker’s work is not typically considered in a discussion
of the school-to-prison pipeline, it is essential to question the ways in which the ethic
of care became lost during desegregation. Siddle Walker’s scholarship also forces the
education community to interrogate how integration and the forced separation of
teachers from students who shared ways of being, knowing, as well as core values
were disrupted. Schools focused on appearing to be equitable and just while focusing
on roles as opposed to relationships. Black youth moved from spaces where they were
surrounded by a safety net of loving, caring teachers who knew and understood
them, their families, and their values to hostile environment, where their intellect
and humanity were consistently questioned and challenged. More specifically, schol-
ars are challenging the education research community to consider the Brown v. Board
of Education ruling and what must happen in literacy instruction in order to ensure
that another 50 years does not pass in vain (Ball, 2006).
Issues of inequity are not relegated to the American educational system or to the
juvenile justice system. In fact, countries are replicating America’s juvenile policies
without empirical evidence that these policies work. Next, we explore the ways in
which American juvenile justice practices have far-reaching implications abroad.
lives against the backdrop of poor and underserved schools and communities in the
United States and abroad. In fact, the notion of youth justice in the context of the
United States has been replaced with, “Look out kid, it’s something you did”
(Dohrn, 2000).
Asserting that “public policies make and unmake young lives,” Polakow (2000,
p. 2) and others have uncovered the ways in which the school-to-prison pipeline is
inextricably linked to eradicating social programs and emphasizing the privatization
of public failures (Meiners, 2007; Muncie, 2005). Eradicating social problems was
part and parcel of focusing on personal responsibility and scholars have argued that
neoliberal agendas, defined later in this section, undermine public education for
youth in urban schools (Fine & Ruglis, 2009; Lipman, 2008). As the United States
earned its reputation as the “most avid incarcerator” or the “incarceration nation,” it
may not be surprising that it is the only developed country that did not sign the
1989 U.N. Convention on the Rights of the Child. This document underscores in
its preamble that “. . . the child should be fully prepared to live an individual life in
society . . . and in particular in the spirit of peace, dignity, tolerance, freedom, equal-
ity, and solidarity.” Dignity, tolerance, freedom, equality, and solidarity are often
nonexistent as urban schools struggle with fewer resources, including trained and
credentialed teachers, books, and physical space (Darling-Hammond, 2006; Kozol,
1991, 2005).
The disappearance of youth justice has also demonstrated “transatlantic replica-
bility” (Muncie, 2005, p. 39). In a study examining the globalization of neoliberal
policies in the shaping of youth and juvenile justice, Muncie asserts that young
people all over the globe are being governed “through” crime and disorder (p. 40).
Muncie defines neoliberal policies as “the privatizing of the state sector” and in the
context of youth justice the “commodifying of crime control.” Lipman (2008) asserts
that neoliberalism is
an ensemble of economic and social policies that promote the primacy of the market and individual self-
interest, unrestricted flows of capital, deep reductions in the cost of labor, sharp retrenchment of the
public sphere, and withdrawal of government from providing social welfare. (p. 45)
For example, youth and juvenile justice systems in the United Kingdom and
Canada have become increasingly Americanized by focusing on youth who are “at
risk” for committing crime. In the context of the United States, there has been a
strategic shift in the ways youth/juvenile justice has been viewed in the 1970s, where
it experienced a more social focus. However, in the aforementioned 1980s, there was
a shift from examining contexts of crime to the crime itself. This purposeful move-
ment to focus on “deeds rather than needs,” according to Muncie (2005), creates a
“double jeopardy” for young people who he argues are “sentenced for their back-
ground as well as their offence” (p. 38).
For example, Spain adopted the “model of responsibility” in 1992 as part of its
Juvenile Court Reform Act of 1992 (and ratified it in 2000). Although this model was
supposed to create a “balance between education and punishment,” Alberola and
Winn, Behizadeh: The Right to Be Literate: Literacy, Education 161
Molina (2008) argue that the act favors the English No more excuses more than the
U.N. Rights of the Child. Other European countries’ discourse of youth culture mirror
the United States’ characterization of youth as becoming increasingly more dangerous
and delinquent. Although France has many options available to magistrates and pros-
ecutors (Wyvekens, 2008), questions have been raised about the number of immigrant
and minority youth who are considered “suspects” in French cities (Terrio, 2009).
Following the October 2005 riots that ensued after Paris police shot and killed two
French youth of North African ancestry, Terrio conducted an ethnography and archival
study of the Paris juvenile courts. Terrio interrogates the “delinquency of exclusion”
(p. 13). This term, coined by former juvenile judge Denis Salas “was a category con-
flated with disadvantaged Muslim youth, both French citizens and immigrants, spa-
tially rooted in stigmatized urban and suburban places” (p. 13).
Even in studies examining the globalization of American incarceration policies
and practices, there is not much focus on the experiences of girls in the juvenile
justice system. In the following section, we look at the gendering of the school-to-
prison pipeline and the ways in which scholars are framing issues with girls and
incarceration.
of women and girls as a form of punishment for women’s desire to be seen as equal
to men. A lack of programs designed specifically for girls means girls often do not
have opportunities to engage in any positive or meaningful experiences while incar-
cerated that will prepare them for lives beyond bars (Chesney-Lind, 1997; Dohrn,
2000; Fisher, 2008; Fisher, Purcell, & May, 2009; Simkins et al., 2004). Simkins
et al. argue, “Unlike boys, the formation of a girl’s mature identity must also include
meaningful and stable relationships with adults” (p. 58).
Because many of the new arrests of girls are taking place in schools (Simkins
et al., 2004), it is imperative to consider the ways in which the school-to-prison
pipeline has been gendered. According to Simkins et al., the incarcerated girls inter-
viewed in their study had already “experienced a lifetime’s worth of abuse” by the
time they entered middle and high school (p. 60). Simkins and her colleagues also
found that girls who struggled with suspensions, expulsions, truancy, and being held
back a grade were contenders for the school-to-prison pipeline. High school proved
to be the most difficult transition, thus making ninth grade a pivotal year.
Additionally, for girls who have already become entangled in the juvenile justice
system, life outside of school consumed them, making coursework and the possibil-
ity of participating in a school community an afterthought. Girls often worried
about safe and adequate housing, family, and meeting basic needs (food, toiletries,
and transportation). Studies that have included interviews of adjudicated girls have
demonstrated how girls can point to changes occurring in their lives around their
middle school years where school became increasingly difficult (Fisher, 2008; Richie,
2005, Simkins et al., 2004). These “changes” occurred during adolescence as girls
became prey for sexual abusers. Some scholars argue that the omission of sexuality
education from the school curriculum (Fine & McClelland, 2006) and forums to
discuss these issues can make girls more vulnerable to unhealthy relationships that
contribute to poor decision making.
A factor that has largely been ignored when considering the burgeoning numbers
of girls in the juvenile justice system is that most incarcerated girls and women report
having been physically and sexually abused at different points in their lives (Fine &
McClelland, 2006). Abstinence only until marriage (AOUM) curriculum or the
omission of any sex and sexuality education further marginalizes girls who were
abused by silencing their histories of abuse and forcing them to internalize anger,
rage, and profound guilt. “As a form of social control on girls, and disproportionately
Black and Latino girls,” according to Fine and McClelland, “juvenile detention fails
to remedy the original problems and serves instead to criminalize and diminish the
education, economic, and health outcomes of the young women” (p. 304). Many
girls and women have found themselves “compelled to crime” (Richie, 1996) follow-
ing a history of being physically and sexually abused. More recently, scholarship
has examined the assault on queer Black youth and Black girls in particular in
the juvenile justice system (Richie, 2005). As these girls refuse to embrace heteronor-
mative values found in their schools, they are often targets of zero-tolerance and
gender-neutral policies enacted on urban youth. Once they are incarcerated, girls are
Winn, Behizadeh: The Right to Be Literate: Literacy, Education 163
typically detained in facilities that house boys as well. Few programs and opportuni-
ties, if any, address their needs.
One common thread in studies of incarcerated women and girls is that through-
out the process of arrest and detainment they are seldom, if ever, asked to tell their
stories. In fact, scholars who interview the incarcerated and the formerly incarcerated
are often the first to record their perspectives. Perhaps even more compelling is the
fact that when these narratives are finally shared, the incarcerated or formerly incar-
cerated often lack the tools and critical literacy skills needed to question their experi-
ences (Meiners, 2007; Winn, 2010). This inability to name and challenge the
school-to-prison pipeline often means that “potentially revolutionary evidence” gets
omitted (Meiners, 2007, p. 140).
I am not ideologically opposed to suspensions; rather, I ask educators to prove that their discipline system
is inclusionary. Crudely speaking, more discipline should result in more achievement. (p. 51)
public performances provide a forum where formerly incarcerated girls get to “talk
back to their audiences (educators, Department of Juvenile Justice personnel, and
families) about what they learned throughout the process.
Increasingly, scholarship is illuminating the ways in which urban youth are rede-
fining themselves and using critical literacy skills to interrogate their environment.
For example, Kinloch’s (2009) study with two Harlem youth, Phillip and Khaleeq,
re-centers the young lives of African American males. Kinloch, Phillip, and Khaleeq
examine their lived experiences during the political gentrification in their Harlem
neighborhood through critical readings of race and space. Critical readings of race
and notions of space in the context of Kinloch’s study challenge stereotypes about
Harlem and the people, primarily Black and Latino, who have called Harlem home
prior to the most recent wave of gentrification. From their blocks in Harlem to the
walls of a major university, Phillip and Khaleeq learned to “take a stand” by question-
ing and challenging their disappearing rights in their own neighborhood (Kinloch,
2009, p. 178). This participatory action research group began as a writing workshop
covering a range of topics but ultimately focusing on the Harlem community.
Kinloch and her students made the city and specifically Harlem their classroom.
Much like Fisher’s (2005a, 2005b, 2007; Winn & Ubiles, in press) study of youth
poets and their teachers in the Power Writing community in the Bronx, Kinloch
wanted these young people to know that they had access to their city, neighborhood,
and the cultural institutions they housed. Phillip and Khaleeq attended tenants’
association meetings with Kinloch to learn and eventually interrogate the language
of gentrification in Harlem. Kinloch’s mentoring followed these boys—now young
men—to college, and their reflections on this participatory action research experi-
ences were also published with Kinloch’s study. Kinloch’s strategy, an important way
to think about disrupting the pipeline through helping young people cultivate criti-
cal literacy skills, was listening to young people:
One specific way I sought to better understand the issues Phillip and Khaleeq were confronting was by
listening to their perspectives. For instance, I listened to them discuss how the mass media portray Black
males as dangerous, the increasing incarceration of youth, and adult activism and youth political rights.
(p. 179)
Morrell’s (2008) ethnographic work with urban high school students documents the
multiple literacy practices of his students, such as reading varied texts on sports and
fashion, watching movies or listening to music and then critically evaluating lyrics,
writing notes and e-mails, and constructing poems and songs to share with others.
Morrell (2008) asserted,
Their non-school lives were saturated with sophisticated literacy practices; and this was true for even the
most underperforming students. To label these pupils as illiterate bordered on irresponsible; to say that
their literacies were not valued placed the onus squarely on the dominant institution responsible for the
devaluing as it also pointed toward a viable plan of action for my curriculum and pedagogy. (p. 92)
166 Review of Research in Education, 35
structured activities that develop and enhance political awareness, to provide par-
ticipants with opportunities that encourage and promote psychological and physical
wellness, and to provide hands on experiences that are intended to stimulate learning
about activism and leadership” (Ginwright, 2010, p. 81). This 5-year study found
that experiences such as Camp Akili—like many of the aforementioned studies,
“recalibrates what is possible for [young people’s] lives and their communities.”
CONCLUDING THOUGHTS
Throughout this chapter, we examine the policies, such as miseducation, diploma
denial, and the discipline or punishment gap, that contribute to what has been
referred to as the school-to-prison pipeline. In this pipeline, particular youth learn
that their lives are disposable and that detention centers, jails, and prisons have
somehow become an expected part of their life cycle. We assert that specific practices
that focus on collaborating with youth to foster critical literacy, such as students
performing their writing, students conducting research with adult allies, and stu-
dents having forums where their voices, ideas, and lived experiences can be heard,
will disrupt and potentially dismantle such a pipeline.
Agency is the common thread in the case studies presented throughout this
review. Inviting youth to sit at a metaphorical table where they can be engaged in
their education, and learn how to read, write, speak, and thus act for themselves,
while providing opportunities for youth to view themselves as worthy and deserving
participants in community and civic engagement is critical. We argue that the right
to be literate, and the right to be critically literate in particular, must be the right of
all children and youth.
Educational research should consider focusing on youth-centered research much
like those studies discussed in the final section of this chapter. Youth Participatory
Action Research (YPAR) projects as well as studies that include the voices of youth
could illuminate how youth are experiencing literacy, education, and school-to-
prison pipeline issues in their school communities. More studies grounded in socio-
cultural learning theories examining classrooms using multiple and critical literacies
should also be a focused line of inquiry in forthcoming scholarship. Finally, studies
of classrooms and schools that promote academic rigor and create a culture of college
readiness as opposed to focusing on punishment and surveillance can offer a vision
for schools hoping to dismantle the school-to-prison pipeline.
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