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