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Zero tolerance in schools could lead to problems for students in future

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In April, police arrested a 6-year-old girl at her school in Georgia after she threw a tantrum. Two years ago, police in New York removed a seventh grader from her school in handcuffs for doodling on her desk with a marker. Closer to home, police removed a 6-year-old boy from a Shelbyville, Ind., school after he allegedly kicked the school principal and threatened school administrators.

While these types of stories may be relatively uncommon in relation to the number of students nationwide, many groups with an eye on juvenile justice say “zero-tolerance” policies in schools may be creating more problems than they solve.

Disciplinary approach

In 2009, the Indiana State Bar Association hosted a “Summit on Racial Disparities in the Juvenile Justice System.” The 2010 report on that summit prepared by the ISBA Civil Rights of Children Committee said that zero tolerance in schools disproportionately affects youth of color and leads to increased delinquency and adult crime.

Russell Skiba, an Indiana University psychology professor who is director of the Equity Project, said zero-tolerance policies in schools are characterized by harsh consequences for certain behaviors, which in theory deters crime and protects other students.

“It is something that arose in the late ’80s and early ’90s when there was a real strong fear that youth violence in communities was also increased in schools,” Skiba said. “We’ve since learned that really isn’t the case, that violence in schools has remained pretty stable over the last 30 years.” But Skiba said the data about the effectiveness of school police is lacking.work-group

He mentioned the Impact Schools program in New York, which placed more than 100 police officers inside 12 schools known to have disciplinary problems. An analysis of data from that program found there was decreased attendance over time, an increase in the number of kids suspended and a decrease in the average achievements in that school.

Lack of data

Skiba and others often look to other states for examples of successful and failed disciplinary policies because Indiana lacks hard data on this subject.

In 2010, the Indiana Legislature passed House Enrolled Act 1193, a bill that created a Law Enforcement, School Policing and Youth Work Group. The 26-member group was assigned several tasks, including the study and recommendation of training curricula to the Indiana Law Enforcement Academy. It was also supposed to research how zero-tolerance policies in Indiana affect youth involvement in the juvenile justice system and prepare an annual report on a wide range of related findings

Two years later, that work group has yet to hold its first meeting. Its initial chair left the state, and Gov. Mitch Daniels never appointed another. Asked when he planned to appoint a chair, Daniels’ spokeswoman Jane Jankowski said in an email that she could not provide a timeline for when a chair might be appointed. The work group expires in 2015.

Lisa Thurau, an attorney who founded the nonprofit advocacy group Strategies for Youth in Cambridge, Mass., testified in support of HEA 1193 in 2010. She said the fact the work group has stalled out is a missed opportunity for Indiana.

Police and youth

Thurau has trained members of several police departments on best practices for interacting with young people.

“We try to make officers understand that youth’s behavior is often communicating what kids can’t articulate,” Thurau said.

Underlying factors that could cause young people to act out in school include abuse or trauma, a developmental disability or a substance abuse problem.

“You are putting people who have been trained how to deal with adults and use adult tactics in situations with teenagers; those same tactics don’t work with teens,” Thurau said.

Thurau will be in Indianapolis later this year to assist with a training for city police that patrol the 46218 zip code, which includes a near-northside area south of 38th Street and west of Arlington Avenue. Robert Bingham, chief probation officer for Marion Superior Court, is working with Thurau on the training.

“The most major focus is to assist beat officers and patrol officers in better engaging and communicating with youth,” Bingham said. Young people generally don’t look favorably upon law enforcement, he explained, and additional training could help improve relationships.

Bingham said the Indianapolis training will be modeled after the Massachusetts Bay Transportation Authority’s StopWatch program, which Thurau initiated. That program attempts to eliminate anonymity and foster healthy relationships between police and youth in an effort to reduce the number of children being arrested.

The MBTA polices the public transit system in Boston, where teens regularly congregate. In 2001, they arrested 680 young people, and 11 teens filed suit against the MBTA alleging police interrogated and arrested them without just cause. The MBTA identified a need for better interactions with youth, and in 2009, after being trained in teen psychology and communication, the MBTA arrested only 84 young people.

In a report explaining the StopWatch initiative, the MBTA stated that history has shown zero-tolerance policies are inherently flawed and tend to alienate the community rather than include the community in approaches to solving problems.

In Clayton County, Ga., the community helped create a solution to the problem of the rapidly increasing number of students schools referred to juvenile court.

Clayton Juvenile Judge Steven Teske and two Alabama judges wrote an opinion piece for The Huntsville (Ala.) Times about the issue. The judges stated that in Clayton County in 1995, only 36 students were referred to juvenile court by schools. But as the number of security officers in schools increased, referrals did, too – to 264 in 1998 and to 1,262 in 2003.

Community members, law enforcement and school officials worked together to create a protocol for how security officers handled the low-level misdemeanor offenses that accounted for a majority of referrals. The agreement outlined graduated sanctions, with referral to the court only as a last resort. It was instituted in 2004, and school referrals dropped by 45 percent in 2005. By 2007, schools referred only 523 students to juvenile court.

Teske had also testified in support of HEA 1193.

Consequences and alternatives

A young person with an arrest record could be denied entrance to college or the military, and certain offenses – like drug-related or violent crimes – can result in a family losing federally funded housing.

But are families aware that a juvenile arrest can have such serious consequences? “Nationally, our finding is a resounding ‘absolutely not,’” Thurau said.

Locally, Michelle Study-Campbell, the executive director of Reach for Youth, sees young people beginning to grasp the gravity of their situations as they are tried by their peers in teen court.

While teen court has been an official diversionary program associated with some courts, only recently has such a concept been introduced into schools. Reach for Youth piloted the program in Decatur Township schools in Marion County, and most recently, the county’s Warren Township school system adopted the program to deal with truancy cases.

The purpose is to keep juveniles with minor offenses out of the correctional system. A student who accepts responsibility for his or her offense goes before a jury of peers that hears the case and comes up with a sentence – usually an order to issue a formal apology, complete a community service requirement, and in cases of substance abuse, to complete substance abuse counseling. If a student completes the required tasks, the offense is expunged from the young person’s record.

“On teen court night, we see a lot of tears; we see a lot of heartfelt apologies and recognition that this is a very serious issue,” Study-Campbell said. Attorneys serving as judges for the teen court explain to young offenders what the consequences could be for their actions, if they were adults. “It’s pretty sobering,” Study-Campbell added.•
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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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