“Schoolhouse to the Jailhouse”

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“Public School Prison Pipeline”

The Interaction between Public Schools and the Juvenile Justice System

Goals

• Increase awareness and understanding of school disciplinary practices that push youth out of school and many times into the justice system.

• Promote fair & equitable administration of school discipline

• Provide practical examples of alternative approaches that maintain school safety while ensuring academic engagement and success for all students.

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Why Important?

• Conceptual: School alienation risk for delinquency

• Empirical evidence: ▫Suspension predicts increased likelihood of juvenile

justice contact. Council for State Govts., 2011.

• Too many children being referred to the juvenile justice system.

• Most children being referred are African American.▫Disparities in suspension predict disparities in arrest.

Nicholson-Crotty et al, 2009.

Why…The clear connection between school performance and delinquency

• Nearly one-half (48%) of youth in custody are currently functioning below the grade level appropriate for their age, compared to 28% of youth in the general population. Juvenile Justice Bulletin, OJJDP, April 2010.

• School connectedness is a strong protective factor against delinquency. US Surgeon General. (2001). Youth Violence: A Report of the Surgeon

General.

• School connectedness is linked to lower levels of substance abuse, violence, suicide attempts, pregnancy, & emotional distress. Journal of School Health 72 (4).

Students with Disabilities and Juvenile Justice

•Research suggests the prevalence of special education disabilities is about 4 to 5 times greater in the juvenile justice system than the rate of special education disabilities in the general population.

•Approximately 30-50% of youth in the correctional system have a disability.

Source: Rutherford, Bullis, Anderson and Griller-Clark (2002)

Is your school disciplinary climate influenced primarily by:

a. State laws and regulations

b. Local policies and regulations

c. A mix of both state laws and local policies and regulations

d. School district policies and procedures

e. All of the above

Example of Influence – Zero Tolerance

•Established in late 80’s drug enforcement•Picked up in schools: 1989-1990 •Gun Free Schools Act becomes law: 1994•Dramatic increase in suspensions and

expulsions:▫Chicago expulsions prior to zero tolerance 1995-

96: 81 ▫Three years later, after Zero Tolerance: 1000

EFFECTS OF ZERO TOLERANCE

•Suspension rates have increased

▫Increase in suspensions and referrals has significantly increased racial & ethnic disparities

Racial Disparities – Special Education

• Feb. 4, 2015 – Letter from Nebraska Department of Education sent to OPS. It demanded the district spend $1.8 million to reduce the number of students with special needs who were getting suspended.

▫2011 and 2012: OPS suspended nearly six times as many special needs students, especially African American students, for more than 10 days a year, compared to the state average, which violates the Individuals with Disabilities Education Act, a series of federal regulations known as IDEA.

Racial Disparities

Grades 9-12by Race/Ethnicity

Student Group

Student Demographic Suspension Mandatory Reassignments Expulsions

Representation Representation Representation Representation

N % N%

Suspension

% Subgrou

p N

% Reassignmen

t%

Subgroup N%

Expulsion

% Subgrou

pAfrican American 414 20.0% 89 43.6% 21.5% 1 100.0% 0.2% 16 55.2% 3.9%Asian American 80 3.9% 6 2.9% 7.5% 0 0.0% 0.0% 0 0.0% 0.0%White, Not Hispanic 1,121 54.2% 59 28.9% 5.3% 0 0.0% 0.0% 11 37.9% 1.0%Hispanic/Latino 315 15.2% 36 17.6% 11.4% 0 0.0% 0.0% 2 6.9% 0.6%American Indian 12 0.6% 1 0.5% 8.3% 0 0.0% 0.0% 0 0.0% 0.0%Pacific Islander 4 0.2% 2 1.0% 50.0% 0 0.0% 0.0% 0 0.0% 0.0%Multi-Racial 124 6.0% 11 5.4% 8.9% 0 0.0% 0.0% 0 0.0% 0.0%Total Students 2,070   204   9.9% 1   0.0% 29   1.4%

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Omaha Public Schools - Duplicated Suspensions and Expulsions by Race 2013-14

Student Group Student Demographic Representation

Suspension Representation Expulsion Representation

N % N %Suspension

%Subgroup

N % Expulsion

%Subgroup

African American 13102 25.70% 6041 56.15% 46.11% 244 58.65% 1.86%Asian American 2038 4.00% 65 0.60% 3.19% 2 0.48% 0.10%White, Not Hispanic 16031 31.40% 1706 15.86% 10.64% 59 14.18% 0.37%Hispanic/Latino 16497 32.30% 2071 19.25% 12.55% 79 18.99% 0.48%American Indian 550 1.10% 159 1.48% 28.91% 9 2.16% 1.64%Pacific Islander 73 0.10% 12 0.11% 16.44% 1 0.24% 1.37%Multi-Racial 2779 5.40% 704 6.54% 25.33% 22 5.29% 0.79%Total Students 51070 10758 21.07% 416 0.81%

Omaha Public Schools - Unduplicated Suspensions and Expulsions by Race 2013-14

Student Group Student Demographic

Suspension Representation Expulsion Representation

N % N %Suspension

%Subgroup

N % Expulsion

%Subgroup

African American 13102 25.70% 2602 51.43% 19.86% 233 58.10% 1.78%Asian American 2038 4.00% 51 1.01% 2.50% 2 0.50% 0.10%White, Not Hispanic 16031 31.40% 919 18.17% 5.73% 58 14.46% 0.36%Hispanic/Latino 16497 32.30% 1069 21.13% 6.48% 76 18.95% 0.46%American Indian 550 1.10% 70 1.38% 12.73% 9 2.24% 1.64%Pacific Islander 73 0.10% 8 0.16% 10.96% 1 0.25% 1.37%Multi-Racial 2779 5.40% 340 6.72% 12.23% 22 5.49% 0.79%Total Students 51070 5059 9.91% 401 0.79%

EFFECTS OF ZERO TOLERANCE

•Suspension rates have increased

▫Increase in suspensions and referrals has significantly increased racial & ethnic disparities

•Drop-out rates increased

•Juvenile crime increased

•Targeted Interventions decreased

•Police on school campus increased

History of School Based Law Enforcement

•The use of police officers in schools dates back to the 1950’s

•Timeline▫1953 – Flint, Michigan▫1963 – Tucson, Arizona▫1967 – Cincinnati, Ohio▫1968 – Los Angeles, California▫1980’s to Present – Dramatically increased

across the United States.

LAW ENFORCEMENT

COUNSELOR TEACHER

School Resource Officer Triad Concept

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Local Results:

•OPD counted 844 arrests at OPS middle and high schools last school year — 42 felony arrests and 802 misdemeanor arrests.

▫OPD did not provide a breakdown that separated arrests by age. Omaha World Herald 10/8/14

School Issue vs Criminal

• 6th Grader does not follow direction, acts out in class and on the way to principal’s office

Police report filed, prosecuted for assault and disorderly conduct

• Students steals E-Reader is caught before leaving school Police report filed, prosecuted for felony theft

• 7th grade females get in mutual fight over he said, she said Police report filed, prosecuted for assault and disorderly conduct

• 9th grader is instructed to put cell phone away, student declines, and walks out of class, in the process shrugs SROs hand away

Police report filed, prosecuted

SOLUTION BASED ON RESEARCH

Assess Disruptiv

e Students, or why is Johnny disruptiv

e?

Develop

Alternatives to Suspension & Referra

l to Treat the

Causes

Increase in

Grad. Rates and

Decrease

Students in

Juvenile System

Conditions for Learning

By creating welcoming, supportive, and secure learning environments, schools

can reduce the likelihood that students will misbehave and improve educators’ ability

to manage student behavior.

Recommendations (Examples):

• Codes of conduct should emphasize expectations for students; make clear suspension is a last resort

• Graduated restorative responses should be in place

• Educators should be provided skills to improve classroom engagement

Reform in Action:

In 2009, the San Francisco Unified School District adopted policies to train staff on restorative practices.

San Francisco Unified School District Student Suspensions

(SY2009-10 to SY2012-13)

3,098

0

500

1,000

1,500

2,000

2,500

3,000

3,500

2009-2010 2012-2013

1,921-38%REDUCTION

Conditions for Learning

Targeted Behavioral Interventions

Some students who are repeatedly involved in their schools’ discipline

systems may require additional supports and interventions including those that

address unmet behavioral health, academic, or other needs.

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Recommendations (Examples):

• Districts, schools, and educators should collect data that identifies and supports students who need targeted behavioral interventions

• Student support teams and community partnerships should be at every school to oversee behavioral challenges

• Students removed from school for disciplinary reasons should be placed in quality alternative educational settings

Reform in Action:

Austin Independent School District EWS used with student-support teams

Austin Independent School District,Citations Issued (2011-2013)

1,045

200

0

1,200

1,000

800

600

400

2010-2011 2012-2013

739-29%REDUCTION

Targeted Behavioral Interventions

School-Police Partnerships

Working collaboratively, schools and local law enforcement can ensure schools are safe and that students are not arrested for minor misconduct.

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Recommendations (Examples):

• School-based officers should be properly selected, trained, supervised, and evaluated; off- campus officers should be trained on alternatives to arrest

• Police should not engage in routine classroom management and should rely on the school’s disciplinary system to address minor offenses

• School systems and law enforcement agencies should create detailed memorandums of understanding

Reform in Action:

Denver Public Schools and Denver Police Department signed a memorandum of understanding in 2013

School and Police Partnership

Recognizing the negative long-term consequences of involvement in the juvenile justice system, every effort should be made to keep students in school and out of court.

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County Attorney, Juvenile Justice, and Schools

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Recommendations (Examples):

• Defines offenses that are subject to arrest or tickets

• Defines how those arrests or tickets will be handled

• Defines what is school offense only

Reform in Action:

Memphis Public Schools, County Attorney, and Police Department signed a memorandum of understanding

County Attorney, Juvenile Justice, and Schools

Information Sharing and Networking

STUDENTS, STAFF, & SCHOOL

POLICE DEPARTMENT SCHOOL RESOURCE OFFICER SCHOOL DISTRICT

PARENTSCRIMINAL JUSTICE

SERVICESINTERVENTION PROGRAM

INTERAGENCY COMMUNITYCOLLABORATION

Let’s work together

WORKING TOGETHER FOR THE COMMON GOOD

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Questions?

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THANK YOU!

Joy Suder and Justin T. Wayne

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