the power of collaboration: how a jurisdiction reduced school arrests, improved safety and improved...

The Power of Collaboration: How a Jurisdiction Reduced School Arrests, Improved

Safety and Improved Outcomes for Students

Judge Steve TeskeClayton County Juvenile Court

Clayton County, Georgia

Judge Brian HuffJefferson County Family Court

Birmingham, Alabama

Problem?

United States has the highest rate of incarceration of any country on earth.

Too many children being referred to the juvenile justice system.

Most children are being referred for minor misdemeanor offenses.

Most children being referred are African American.

Reform Begins at Intake

Jefferson County Family Court Intake Initiatives include:

• Children in Need of Supervision Policy

• Diversion through Counsel and Advise

• The School Offense Protocol

Intake Intake DetentionDetention ProbationProbation

Importance of Diversion

Court can’t be all things to all people

Limited resources should be focused on kids who warrant court involvement

Research has shown that court involvement can do more harm than good

Resources can be provided outside of court (but the court should strive to coordinate resources)

Juvenile Justice Reform is PhilosophyOLD PHILOSOPHY

Court as a “savior” Probation Supervision Counseling Incarceration

NEW PHILOSOPHY

Court as a resource “identifier”

Court as a referral source

Court as a Collaborator

Zero Tolerance

EQUALS

Zero Intelligence

EFFECTS OF ZERO TOLERANCE Suspension rates have increased School Code violations result in court

referrals Increase in police on school campus Increase in suspensions and referrals has

significantly increased racial & ethnic disparities

Drop-out rates increase Juvenile crime increases

Birmingham educated only 25% of the county’s public school students, but accounted for 83% of school referrals in 2007-2008

528

6446

2007-08

Jefferson County

Birmingham

10 additional school systems

SCHOOL REFERRALS TO JEFFERSON COUNTY FAMILY COURT, 2007-08 SCHOOL YEAR

83%

Birmingham students referred to family court in 2007/08 – by offense

weapons, 9, 2%

Other, 22, 4%

violent felonies, 6, 1%

non-violent felonies, 7, 1%

Misdemeanors & Violations,

491, 96%

Research shows a strong link between court referrals and dropout rates

A student arrested in high school is twice as likely to drop out

A student who appears in court during high school is four times as likely to drop out

Sweeten, Gary, Who Will Graduate? Disruption of High School Education by Arrest and Court Involvement. 24.4, Justice Quarterly, 462-480 (December 2006).

Birmingham students referred to family court in 2007/08 – by offense

Affray, 169, 33%

Criminal Trespass 3, 60,

12%

Harassment, 48, 9%

Poss. Marijuana, 39, 8%

Disorderly Conduct, 147,

29%

Affray

Disorderly Conduct

Criminal Trespass 3

Harassment

Poss. Marijuana

Assault 3

Weapons

Misc. Misdemeanors

Non-violent felonies

Theft 3

Felonies againstpersons

Added to the disproportionate minority contact with the juvenile justice system……

The Birmingham system educates only 25% of students in the county, but produces more than 66% of school referrals to Family Court

99% of students arrested in the Birmingham schools are African American

White4

1%

African American

50999%

Racial Disparities in Detention

G. Ross Bell Detention Center

African American

88%

White12%

Jefferson County

African American

41%

White56%

Other3%

Admitted that we had been doing something wrong…

15

Trying to fit in Dating Short attention span Identity Some adult responsibilities Independence/Dependence Moody Withdrawn New emotions

Normal Adolescence

“Our” Kids

Broken families Dysfunctional families Drug/alcohol abuse in families Criminal behavior “normal” in their families Learning disabilities Mental health issues Abuse victims

04/10/23 16

Solicit media support

Meet with the media at regular intervals.

Foster good relations.

Provide reliable data.

Work with the media on continued messaging.

Form Your Team

Jefferson County Family Court Birmingham City Schools Jefferson County District Attorney Birmingham Police Department NAACP Southern Poverty Law Center Department of Human Resources

Build Consensus

If “Columbine” happens in my jurisdiction, I want the police at the school protecting the children and not at the family court over a school yard fight.

Decide upon a better way of discipline. First “offense” – warning/written citation

Second “offense” – Attend “School Offense Workshop

Referral to court

Decide which “offenses” to include.

Affray (fighting) Disorderly conduct Harassment Assault 3 (no weapon) Menacing (no weapon) Criminal Trespass 3 Theft 3

Get it in writing!

Birmingham educates only 25% of the county’s public school students, but now accounts for 66% of school referrals

213

57

52

2009-2010

Jefferson County

Birmingham

10 additional school systems

SCHOOL REFERRALS TO JEFFERSON COUNTY FAMILY COURT, 2009-10 SCHOOL YEAR

66%

278

250

216

107

137

69

Fall 2007 Spring 2008 Fall 2008 Spring 2009 Fall 2009 Spring 2010

COURT REFERRALS FROM BHAM SCHOOLS, BY SEMESTER

Discussion alone produced a big drop in referrals, but a written document is critical for sustained results.

Despite a 50% drop from 2007-08 to 2008-09, misdemeanors and violations still accounted for more than 90% of arrests

269 194504

0%

20%

40%

60%

80%

100%

2007-2008 2008-2009 2009-2010School Year

Sch

ool R

efer

rals

to F

amily

Cou

rt

Misd & Violations

Nonviolent Felonies

Weapons

Violent Felonies

The average detention population is down 72%

118110

83

4733

2005 2006 2007 2008 2009

Commitments to Juvenile Prison are down by 73%

713676

559 544

433

262

193

2003 2004 2005 2006 2007 2008 2009

DYS ADMISSIONS FROM JEFFERSON COUNTY, 2003-2009

CHAPTER ONE:Understanding Zero Tolerance

Definition, Background, & Effect

IDEACongress enacted the IDEA in 1975.12 In its findings, Congress noted that “millions of children with disabilities . . . [are] excluded entirely from the public school system and [do not go through the educational process] with their peers.” To redress this problem, the IDEA sought to “ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living.”

14 20 U.S.C. § 1400(d)(1)(A).

IDEA Supreme Court Decisions

Grove Sch. Dist. v. T.A., 129 U.S. 2484 (2009); Winkelman v. Parma City Sch. Dist., 550 U.S. 516 (2007); Arlington Cent. Sch. Dist. Bd. of Educ. v. Murphy, 548 U.S. 291

(2006); Schaffer ex rel. Schaffer v. Weast, 546 U.S. 49 (2005); Cedar Rapids Cmty. Sch. Dist. v. Garret F. , 526 U.S. 66 (1999); Florence County Sch. Dist. v. Carter, 510 U.S. 7 (1993); Zobrest v. Catalina Foothills Sch. Dist., 509 U.S. 1 (1993); Honig v. Doe, 484 U.S. 305 (1988); Sch. Comm. of Burlington v. Dep’t of Educ., 471 U.S. 359 (1985); Irving Indep. Sch. Dist. v. Tatro, 468 U.S. 883 (1984); Bd. of Educ. of Hendrick Hudson Cent. Sch. Dist. v. Rowley, 458

U.S. 176 (1982)

Honig v. DoeWe think it clear, however, that Congress very much meant to strip school systems of the unilateral authority they had traditionally employed to exclude disabled students, particularly emotionally disturbed students, from school. In so doing, Congress did not leave school administrators powerless to deal with dangerous students; it did, however, deny school officials their former right to “self-help,” and directed that in the future the removal of disabled students could be accomplished only with the permission of the parents or, as a last resort, the courts.. at 323–24.

Justice Brennan

The Case of Chris L.Morgan v. Chris L., 927 F. Supp. 267 (E.D. Tenn. 1994), aff ’d, 106 F.3d 401 (6th Cir. 1997), cert. denied, 520 U.S. 1271 (1997).

Middle School Student ADHD School’s Failure to work IEP Juvenile Complaint Referral Due Process Hearing Litigation

Federal District Court

The court relied in part on a Tennessee IDEA due process opinion that ordered a school system “to do everything it can” to dismiss a juvenile court petition.

U.S. Court of Appeals

The court stated that, “pursuant to the IDEA’s procedural safeguards . . . the school system must adopt its own plan and institute an M-team meeting before initiating a juvenile court petition for this purpose.”

DEFINITION

“A philosophy or policy that mandates the application of pre-determined consequences, most often severe and punitive in nature, that are intended to be applied regardless of the seriousness of behavior, mitigating circumstances, or situational context.”

Skiba et al. 2006

HISTORICAL DEVELOPMENT 80’s War on Drugs Later applied to combat pollution, trespassing,

sexual trespassing, & sexual harrassment Attributed to “Broken Windows” theory of crime

(Kelling, George & Coles, 1997) School Systems begin adopting in early 90’s Suspensions nearly doubled from 1.7 million in

74 to 3.1 million in 01. Assumes that removal of disruptive students

deters others from similar conduct while enhancing classroom

Zero Tolerance=Zero Intelligence

Adolescent Brain Research, School as a Protective Buffer, & Racial & Ethnic Disparity

SCHOOL CONNECTEDNESS

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).

OSS of elementary & middle school students contributes to drop-out rates. Predictors of Suspension & Negative School Outcomes: A Longitudinal Investigation (2003)

EFFECTS OF ZERO TOLERANCE Suspension rates have doubled School Code violations result in court

referrals Increase in police on school campus Increase in suspensions and referrals has

significantly increased racial & ethnic disparities

Drop-out rates increase Juvenile crime increases

CHAPTER TWO:SYSTEMS THEORY

A Roadmap to Recovery, or It’s the Process; Not the Product

SYSTEM DEFINED

a set of interacting components, acting interdependently and sharing a common boundary separating the set of components from its environment.Bozeman, B. Public Management and policy Analysis, St. Martin Press, Inc. New York (1979), 309.

SYSTEMS THEORY

INPUTS OUTPUTS

BOUNDARY

SYSTEM

LINEAR PROGRAMMING MODEL

those values of X, the variables that maximize the linear objective Z while simultaneously satisfying the imposed linear constraints and the non-negativity constraints.Bozeman, B. Public Management and policy Analysis, St. Martin Press, Inc. New York (1979), 309.

WHAT IS THE A JUVENILE JUSTICE SYSTEM? WHAT IF THE DESIRED OUTCOME IS

DEPENDENT ON MULTIPLE SYSTEMS?

HOW ARE THOSE MULTIPLE SYSTEMS INTEGRATED TO MAXIMIZE THE DESIRED OUTCOME?

IT TAKES A COMMUNITY TO TARGET CRIMINOGENIC NEEDS

• COGNITION

• PEERS

• SCHOOL CONNECTEDNESS

• FAMILY FUNCTION

•SUBSTANCE ABUSE

•WEAK PROBLEM-SOLVING SKILLS

• SOCIAL SERVICES

•MENTAL HEALTH

•COGNITIVE RESTRUCTURING

•SCHOOL SYSTEM

•MULTI-SYSTEMIC THERAPY

•FUNCTIONAL FAMILY THERAPY

•PROBATION/COURTS

MULTI-INTEGRATED SYSTEM THEORY

OUTPUTS

Education

Social Services

Mental Health

Law Enforcement

INPUTS

INPUTS

INPUTS

INPUTS

CHAPTER THREE:The Protocol

The Clayton County Case Study

Figure 3. Line graph showing the increase in referrals after police placed on campus and the decrease after the protocol became effective in 2004.

OBJECTIVES OF PROTOCOL

Reduce misdemeanor school referrals to the juvenile court & keep kids in school;

Reduce probation caseloads that will increase supervision of high risk youth (the kids we are scared of);

Give police more time to build rapport with students to gather intelligence on crimes about to occur;

Increase safety in the school and the community;

Increase graduation rates.

SCHOOL OFFENSE PROTOCOL AGREEMENT

Focused Acts: Affray, DPS, DC, Obstruction

First Offense/Warning Second Offense/Referral

to Workshop Third Offense/Complaint

Filed

School Offense Agreement Signed by all Police Chiefs, School Superintendent, Juvenile

Judges, DFCS Director, and other partners on July 8, 2004

SRO’s after periodic reviews requested a “Level” box to reflect the use of their discretion to issue another warning or referral in lieu of the next step.

SRO’s also requested the discretion to make a variety of referral, or take other action

CHAPTER FOUR:School Safety

Engaging Students to Promote Safety in the Schools

“Schools are a microcosm of the community”

Sgt. Marc Richards

Supervisor, SRO Unit

Clayton County Police Department

THE SCHOOL

PROTOCOL EFFECT ON SCHOOL SAFETY

INCREASESPOLICE

PRESENCE

INCREASESINTELLIGENCE

DECREASESWEAPONCASES

INCREASESSCHOOL SAFETY

DECREASEMINOR SCHOOL

REFERRALS

STEP ONE STEP TWO

STEP THREE

STEP FOUR

STEP FIVE

EFFECTIVE USE OF PROTOCOL PROMOTES SAFETY

PROTOCOL INCREASES POLICE INTELLIGENCE

0

10

20

30

40

50

60

70

Weapon at School

AVOIDING A TRAGEDY & MEDIA DILEMNA

How will the media & community respond if a person comes on school campus with a gun while your SRO is at intake booking a student for a school fight or disorderly conduct?

CHAPTER FIVE:Increase Graduation Rates

Who would ever think that keeping kids in school will increase graduation rates?

THE RESEARCH

Single Point of Entry

OUT-OF-SCHOOL SUSPENSIONMIDDLE SCHOOL

GRADUATION RATES

Protocol :Pre-Referral

Diversion

1368Referrals

44%Decrease

56%Decrease

60%Decrease

69%Decrease

61%Decrease

1077Referrals

1050Referrals

Post-Referral

Diversion

FELONY RATESSo goes graduation; so goes juvenile crime Protocol OSS Alternatives

TARGET HIGH RISK YOUTH

PROTOCOL EFFECT ON COMMUNITY SAFETY

DECREASEMISDEMEANOR

SCHOOL REFERRALS

INCREASE COMMUNITY

SAFETY

REDUCERECIDIVISM

INCREASESURVEILLANCE OF

HIGH RISK KIDS

DECREASEPROBATIONCASELOADS

STEP ONE STEP TWO

STEP THREE

STEP FOUR

STEP FIVE

CHAPTER SIX: Reducing Racial & Ethnic Disparities

DETENTION RATES ON SCHOOL REFERRALS

Replication Tips: the negotiation process

Knowledge and data = Power

Be prepared to counter horror stories with data

Choose reps carefully

Nodding and smiling is not enough

Consider engaging an independent facilitator

Media can be a blessing and a curse

Set timelines and stick to them

It takes more than a meeting to build a collaborative Raise awareness – share numbers, legal background, research

Share stories – not just about statistics!

Listen to your partners and consider their interests and motivations – be flexible with messaging

Set goals and timelines for the group’s work

Frame the issues carefully and repeat constantly

Replication Tips: Implementation

Don’t assume the protocol will enforce itself – appoint a watchdog

Be deliberate and explicit about how each leader will get the word out to staff

Training

Back it up with policy – what will the court do if a referral comes in that violates the protocol?

Invite the community/the media to hold the collaborative accountable for results

For more information:

Brian Huffhuffb@jccal.org

Steve Teskesteve.teske@co.clayton.ga.us