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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. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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