The Power of Collaboration: How a
Jurisdiction Reduced School Arrests,
Improved Safety and Improved
Outcomes for Students
Judge Steve Teske
Clayton County Juvenile Court
Clayton County, Georgia
Judge Brian Huff
Jefferson County Family Court
Birmingham, Alabama
Problem?
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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
Detention
Probation
Importance of Diversion
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Court can’t be all things to all people
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Limited resources should be focused on kids who
warrant court involvement
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Research has shown that court involvement can do
more harm than good
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Resources can be provided outside of court (but the
court should strive to coordinate resources)
Juvenile Justice Reform is Philosophy
OLD PHILOSOPHY
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Court as a “savior”
Probation
Supervision
Counseling
Incarceration
NEW PHILOSOPHY
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Court as a resource
“identifier”
Court as a referral
source
Court as a
Collaborator
Zero Tolerance
EQUALS
Zero Intelligence
EFFECTS OF ZERO TOLERANCE
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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
SCHOOL REFERRALS TO JEFFERSON COUNTY FAMILY COURT,
2007-08 SCHOOL YEAR
46
64
10 additional
school systems
Jefferson County
Birmingham
83%
528
2007-08
Birmingham students referred to family court in
2007/08 – by offense
weapons, 9, 2%
Misdemeanors
& Violations,
491, 96%
Other, 22, 4%
non-violent
felonies, 7, 1%
violent
felonies, 6, 1%
Research shows a strong link between court referrals
and dropout rates
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A student arrested in high school is twice as likely to
drop out
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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
Disorderly Conduct
Criminal Trespass 3
Affray, 169, 33%
Harassment
Poss. Marijuana
Poss. Marijuana,
39, 8%
Assault 3
Weapons
Harassment, 48,
9%
Criminal
Trespass 3, 60,
12%
Disorderly
Conduct, 147,
29%
Misc. Misdemeanors
Non-violent felonies
Theft 3
Felonies against
persons
Added to the disproportionate minority contact with
the juvenile justice system……
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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
White
4
1%
African
American
509
99%
Racial Disparities in Detention
G. Ross Bell Detention Center
White
12%
Jefferson County
African
American
88%
Other
3%
White
56%
African
American
41%
Admitted that we had been doing
something wrong…
Normal Adolescence
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Trying to fit in
Dating
Short attention span
Identity
Some adult responsibilities
Independence/Dependence
Moody
Withdrawn
New emotions
15
“Our” Kids
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Broken families
Dysfunctional families
Drug/alcohol abuse in families
Criminal behavior “normal” in their families
Learning disabilities
Mental health issues
Abuse victims
3/12/2016
16
Solicit media support
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Meet with the media at
regular intervals.
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Foster good relations.
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Provide reliable data.
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Work with the media on
continued messaging.
Form Your Team
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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
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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.
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First “offense” – warning/written citation
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Second “offense” – Attend “School Offense
Workshop
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Referral to court
Decide which “offenses” to include.
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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
SCHOOL REFERRALS TO JEFFERSON COUNTY FAMILY COURT,
2009-10 SCHOOL YEAR
52
57
10 additional
school systems
Jefferson County
Birmingham
66%
213
2009-2010
Discussion alone produced a big drop in referrals, but a
written document is critical for sustained results.
COURT REFERRALS FROM BHAM SCHOOLS,
BY SEMESTER
278
250
216
137
107
69
Fall 2007
Spring 2008
Fall 2008
Spring 2009
Fall 2009
Spring 2010
Despite a 50% drop from 2007-08 to 2008-09, misdemeanors and violations still
accounted for more than 90% of arrests
School Referrals to Family Court
100%
80%
60%
504
269
194
40%
Misd & Violations
Nonviolent Felonies
20%
Weapons
Violent Felonies
0%
2007-2008
2008-2009
School Year
2009-2010
The average detention population is down 72%
118
110
83
47
33
2005
2006
2007
2008
2009
Commitments to Juvenile Prison are down by 73%
DYS ADMISSIONS FROM JEFFERSON COUNTY, 2003-2009
713
676
559
544
433
262
193
2003
2004
2005
2006
2007
2008
2009
CHAPTER ONE:
Understanding Zero
Tolerance
Definition, Background, & Effect
IDEA
Congress 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
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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. Doe
We 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).
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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
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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
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School connectedness is a strong protective
factor against delinquency. US Surgeon General. (2001).
Youth Violence: A Report of the Surgeon General.
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School connectedness is linked to lower
levels of substance abuse, violence, suicide
attempts, pregnancy, & emotional distress.
Journal of School Health 72 (4).
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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
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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
BOUNDARY
INPUTS
OUTPUTS
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?
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WHAT IF THE DESIRED OUTCOME IS
DEPENDENT ON MULTIPLE SYSTEMS?
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HOW ARE THOSE MULTIPLE SYSTEMS
INTEGRATED TO MAXIMIZE THE
DESIRED OUTCOME?
IT TAKES A COMMUNITY TO TARGET
CRIMINOGENIC NEEDS
• COGNITION
• SOCIAL SERVICES
• PEERS
•MENTAL HEALTH
• SCHOOL CONNECTEDNESS
•COGNITIVE RESTRUCTURING
• FAMILY FUNCTION
•SCHOOL SYSTEM
•SUBSTANCE ABUSE
•MULTI-SYSTEMIC THERAPY
•WEAK PROBLEM-SOLVING
SKILLS
•FUNCTIONAL FAMILY
THERAPY
•PROBATION/COURTS
MULTI-INTEGRATED SYSTEM
THEORY
INPUTS
Education
INPUTS
Law
Enforcement
INPUTS
OUTPUTS
Social
Services
Mental
Health
INPUTS
CHAPTER THREE:
The Protocol
The Clayton County Case Study
Number of Referrals
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
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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
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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
ALLEGORY OF THE SCHOOL
BY OFFICER ROBERT GARDNER
Clayton County Police
THE SCHOOL
WOLVES
LAMBS
SHEEP
PROTOCOL EFFECT ON SCHOOL
SAFETY
STEP ONE
DECREASE
MINOR SCHOOL
REFERRALS
STEP FIVE
STEP TWO
INCREASES
POLICE
PRESENCE
INCREASES
INTELLIGENCE
INCREASES
SCHOOL SAFETY
DECREASES
WEAPON
CASES
STEP FOUR
STEP THREE
EFFECTIVE USE OF PROTOCOL
PROMOTES SAFETY
PROTOCOL INCREASES POLICE
INTELLIGENCE
70
60
50
40
Weapon at School
30
20
10
7
5
3
1
99
97
95
93
0
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
Assess
Disruptive
Students, or
why is
Johnny
disrutive?
Develop
Alternatives to
Suspension &
Referral to
Treat the
Causes
Increase in
Graduation
Rates
Single Point of Entry
Social
Services
Mental
Health
School
Police
Quad
C-ST
Court
OUT-OF-SCHOOL SUSPENSION
MIDDLE SCHOOL
GRADUATION RATES
Protocol :
PostPre-Referral
Referral
Diversion
Diversion
1050
Referrals
1077
1368
44%
56%
60%
69%
61%
Referrals Referrals Decrease Decrease Decrease Decrease Decrease
FELONY RATES
So goes graduation; so goes juvenile crime
Protocol
OSS Alternatives
TARGET HIGH RISK YOUTH
Decrease
Formal
Filings
Decrease
Caseloads
Increase
Supervisio
n of High
Risk Youth
Decrease
Recidivism
PROTOCOL EFFECT ON
COMMUNITY SAFETY
STEP ONE
STEP TWO
DECREASE
MISDEMEANOR
SCHOOL REFERRALS
STEP FIVE
DECREASE
PROBATION
CASELOADS
INCREASE
SURVEILLANCE OF
HIGH RISK KIDS
INCREASE
COMMUNITY
SAFETY
REDUCE
RECIDIVISM
STEP FOUR
STEP THREE
CHAPTER SIX: Reducing
Racial & Ethnic Disparities
DETENTION RATES ON SCHOOL
REFERRALS
Replication Tips: the negotiation process
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Knowledge and data = Power
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Be prepared to counter horror stories with data
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Choose reps carefully
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Nodding and smiling is not enough
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Consider engaging an independent facilitator
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Media can be a blessing and a curse
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Set timelines and stick to them
It takes more than a meeting
to build a collaborative
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Raise awareness – share numbers, legal background, research
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Share stories – not just about statistics!
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Listen to your partners and consider their interests and
motivations – be flexible with messaging
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Set goals and timelines for the group’s work
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Frame the issues carefully and repeat constantly
Replication Tips: Implementation
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Don’t assume the protocol will enforce itself –
appoint a watchdog
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Be deliberate and explicit about how each leader will
get the word out to staff
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Training
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Back it up with policy – what will the court do if a
referral comes in that violates the protocol?
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Invite the community/the media to hold the
collaborative accountable for results
For more information:
Brian Huff
huffb@jccal.org
Steve Teske
steve.teske@co.clayton.ga.us