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Unruly Students Facing Arrest, Not Detention
NY Times ^ | January 4, 2004 | SARA RIMER

Posted on 01/03/2004 10:49:15 AM PST by neverdem

TOLEDO, Ohio — The 14-year-old girl arrived at school here on Oct. 17 wearing a low-cut midriff top under an unbuttoned sweater. It was a clear violation of the dress code, and school officials gave her a bowling shirt to put on. She refused. Her mother came to the school with an oversize T-shirt. She refused to wear that, too.

"It was real ugly," said the girl, whose mother did not want her to be identified..

It was a standoff. So the city police officer assigned to the school handcuffed the girl, put her in a police car and took her to the detention center at the Lucas County juvenile courthouse. She was booked on a misdemeanor charge and placed in a holding cell for several hours, until her mother, a 34-year-old vending machine technician, got off work and picked her up.

She was one of more than two dozen students in Toledo who were arrested in school in October for offenses like being loud and disruptive, cursing at school officials, shouting at classmates and violating the dress code. They had all violated the city's safe school ordinance.

In cities and suburbs around the country, schools are increasingly sending students into the juvenile justice system for the sort of adolescent misbehavior that used to be handled by school administrators. In Toledo and many other places, the juvenile detention center has become an extension of the principal's office.

School officials say they have little choice.

"The goal is not to put kids out, but to maintain classrooms free of disruptions that make it impossible for teachers to teach and kids to learn," said Jane Bruss, the spokeswoman for the Toledo public schools. "Would we like more alternatives? Yes, but everything has a cost associated with it."

Others, however, say the trend has gone too far.

"We're demonizing children," said James Ray, the administrative judge for the Lucas County juvenile court, who is concerned about the rise in school-related cases. There were 1,727 such cases in Lucas County in 2002, up from 1,237 in 2000.

Fred Whitman, the court's intake officer, said that only a handful of cases — perhaps 2 percent — were for serious incidents like assaulting a teacher or taking a gun to school. The vast majority, he said, involved unruly students.

In Ohio, Virginia, Kentucky and Florida, juvenile court judges are complaining that their courtrooms are at risk of being overwhelmed by student misconduct cases that should be handled in the schools.

Although few statistics are available, anecdotal evidence suggests that such cases are on the rise.

"Everybody agreed — no matter what side of the system they're from — that they are seeing increasing numbers of kids coming to court for school-based offenses," said Andy Block, who assisted in a 2001 study of Virginia's juvenile justice system conducted by the American Bar Association's Juvenile Defender Center. "All the professionals in the court system were very resentful of this. They felt they were being handed problems and students that the schools were better equipped to address."

According to an analysis of school arrest data by the Advancement Project, a civil rights advocacy group in Washington, there were 2,345 juvenile arrests in 2001 in public schools in Miami-Dade County, Fla., nearly three times as many as in 1999. Sixty percent, the project said, were for "simple assaults" — fights that did not involve weapons —and "miscellaneous" charges, including disorderly conduct.

Many of the court cases around the country involve special-education students whose behavior is often related to their disabilities, Mr. Block and others say.

In an elementary school in northeastern Pennsylvania, an 8-year-old boy in a special-education class was charged with disorderly conduct this fall for his behavior in a time-out room: urinating on the floor, throwing his shoes at the ceiling and telling a teacher, "Kids rule."

"Teachers and school administrators know now that they can shift these kids into juvenile court," said Marsha Levick, the legal director for the Juvenile Law Center of Philadelphia, which is representing the boy and has asked that the charges be dismissed. "The culture has shifted. Juvenile court is seen as an antidote for all sorts of behavior that in the past resulted in time out or after-school suspension."

(Page 2 of 2)

Experts say the growing criminalization of student misbehavior can be traced to the broad zero-tolerance policies states and local districts began enacting in the mid-1990's in response to a sharp increase in the number of juveniles committing homicides with guns, and to a series of school shootings.

While the juvenile homicide rate has since fallen, and many studies have found that school violence is rare, the public perception of schools — and students — as dangerous remains. Experts say zero-tolerance policies have created an atmosphere in which relatively minor student misconduct often leads to suspensions, expulsions and arrests.

"The idea that you try to find out why somebody did something or give a person a second chance or try to solve a problem in a way that's not punitive — that's become almost quaint now," said Laurence Steinberg, a professor of psychology at Temple University and the director of the MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice.

What has also changed, Dr. Steinberg said, is that principals are less able to depend on parents to enforce the discipline schools mete out. "I think in the past the threat of getting in touch with a kid's parents was often enough to get a kid to start behaving," he said. "Now, kids feel parents will fight on their behalf."

In addition, Dr. Steinberg said, schools — particularly urban schools with large numbers of poor children — have been forced to reduce or eliminate mental health services. "In the past a lot of these kids would have been referred to specialists within the school or the school district," he said. "The juvenile justice system has become the dumping ground for poor minority kids with mental health and special-education problems."

The Toledo City Council passed the safe school ordinance in 1968 in response to concerns that schools had become dangerous. The ordinance allows for the filing of misdemeanor charges against students for anything from disrupting a class to assaulting a teacher. Juvenile court officials say relatively few students were charged with violating the ordinance before 1995, when Toledo police officers were assigned to secondary schools.

In 1993, only 314 charges were filed, according to Dan Pompa, the administrator for the Lucas County juvenile court. By 1997, he said, the number had more than tripled, to 1,111.

Arrests in the past year or so include two middle school boys whose crime was turning off the lights in the girls' bathroom and an 11-year-old girl who was arrested for "hiding out in the school and not going to class," according to the police report, which also noted, "The suspect continuously does not listen in class and disrupts the learning process of other students."

The girl's mother, who declined to be named, said, "I told them if she didn't want to go to school, put her in the detention center." The police took her daughter there in handcuffs, in the back of a police car.

Of the Toledo school district's 35,000 students, 47 percent are black, 43 percent white and 7 percent Hispanic. According to Mr. Pompa's figures, minorities account for about 65 percent of the safe school violations.

These higher rates are "something we would certainly want to keep an eye on," said Eugene Sanders, Toledo's schools superintendent.

Ms. Bruss, the schools spokeswoman, said it was the Toledo district's policy that students be charged with violating the ordinance only as a last resort. In addition, she said, most of those cases involve students with long histories of offenses.

Craig Cotner, chief academic officer for the Toledo public schools, said he believed part of the problem was that schools were being called upon to educate a far wider range of students than before. Thirty years ago, he said, students who were not performing well were counseled to drop out, and they easily found jobs at auto plants and other factories.

"For students who did not fit the mold — whatever mold that may be — there were many more options," Mr. Cotner said. "In some cases, those students who found it impossible to sit for five hours in a classroom could function very well in a labor environment." Today, he said, those students, with far fewer options, remain in school, but the school district has fewer resources to handle difficult students.

With a $15 million budget deficit last year, the district laid off 10 percent of the teaching force, or 231 teachers. Class size increased. With a $16 million deficit this year, more cuts must be made, Mr. Cotner said.

In addition, he said, a significant percentage of the district's resources must be used to fulfill federal mandates like the No Child Left Behind law, with its emphasis on accountability and testing.

Judge Ray of the county juvenile court says he sympathizes with school officials. "The schools have been called upon to fix everything that hasn't been working up to this point," he said. However, he said, juvenile court is not the appropriate place to solve adolescent problems.

Judge Ray has Mr. Whitman, the court's intake officer, and other court officers handle minor nonviolent offenses, offering counseling and referrals to the proper programs.

Mr. Whitman, 50, said he believed that no young person should ever be written off. "If a kid's not doing well, I think we need to sit down and find out what we can do to help him or her out," he said.

Mr. Whitman talked at length with the 14-year-old girl who had worn the midriff top and with her mother. "She didn't come across as a major problem at all," he said. "She knew the shirt was inappropriate. She just wanted to show off a certain image at the school. Probably she just copped an attitude. I expect that from a lot of girls."

An official of the girl's school said he could not discuss her case. He referred a reporter to the principal, who did not return phone calls to his office.

The girl's mother, who declined to be named, said she had not objected to the decision to arrest her daughter. "She wants to push authority to the hilt," she said.

The girl said of her encounter with school officials and the police: "I don't like to get yelled at for stupid stuff. So I talk back."


TOPICS: Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Ohio
KEYWORDS: dresscodes; education; zerotolerance
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To: JackOfVA
...went through 12 years of elementary/junior high/high school without once ever seeing a policeman inside a school building, let alone having a student arrested.

We had a rent-a-cop whom we dubbed "Sheriff John" after a kids program on TV back in the day. (my day, your day lol)

He was a great source of amuzement for us.

41 posted on 01/03/2004 3:28:05 PM PST by Syncro
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To: Starwolf
This type of thing is going on in Annapolis High School. A newly appointed principal (black and apparently plays the race card from what people say) from the troubled Prince Georges County school system comes to a school (really two schools in one, where there are many mariginally performing blacks, but also very wealthy, high-performing white students), and throws her weight around -- to her detriment. There is a movement to get rid of this woman, and parents have set up a very uncomplimentary website:

http://home.microsoft.com/access/autosearch.asp?p=save+annapolis+high+school

What is effective in one school district is not necessarily effective in another, not that this woman was effective in Prince Georges County -- to the contrary.

42 posted on 01/03/2004 4:32:01 PM PST by ladylib
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To: Tim Osman
Zero-tolerance policies teach kids that government school officials are idiots and not worth the money they scam from the public trough. Might not be a bad thing.....
43 posted on 01/03/2004 4:35:01 PM PST by ladylib
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To: neverdem
the juges that are bitching are the problem the have the power to say hety this is a school matter not criminial case dismissed with prejudice then when they do that for every single case the principles wil l stop calling the cops
44 posted on 01/03/2004 5:16:57 PM PST by freepatriot32 (today it was the victory act tomorrow its victory coffee, victory cigarettes...)
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To: Paul C. Jesup
It depends on the seriousness of what they're having for zero-tolerance. If a kid brings drugs to sell at school or is involved in a gang fight or gang violence --- just get him out. I think schools should be for the kids who are motivated to learn, who have some clue why they are there. Kids there to disrupt the learning of others should leave.
45 posted on 01/03/2004 9:37:00 PM PST by FITZ
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To: Tim Osman
I myself believe that public schooling should NOT be compulsary

This is much of the problem --- school is compulsary, many of the kids aren't going to learn, they don't wish to learn, they have no desire at all to be at school ---- they start causing problems --- leading to zero-tolerance policies. It would be better to let those that aren't going to school to learn just to drop-out or give them alternative programs like vocational training.

46 posted on 01/03/2004 9:40:27 PM PST by FITZ
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To: logan
How do you encourage good parenting, and what do you do with the kids who just weren't lucky enough to get it?

Most kids who don't have good parents are just out of luck --- some might be naturally good, motivated kids who will take an opportunity like having half way good teachers and end up doing well --- but if they go home to neglect, drunkeness, abuse and whatever else --- their chances are slim.

That's why I agree with the way they do alternative schools here --- if the parents are involved or willing to become involved, the kid gets a second chance --- the class sizes are smaller, the setting is more controlled. If the parents know their kid is causing big trouble at school and they don't care to do anything at all --- it's pretty much hopeless.

47 posted on 01/03/2004 9:47:13 PM PST by FITZ
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Comment #48 Removed by Moderator

To: seamole
Regarding your tagline, maybe with Tancredo you could get conservative justices, if you believe the polls regarding attitudes about illegal aliens. Who attacked us?
49 posted on 01/04/2004 1:08:29 AM PST by neverdem (Xin loi min oi)
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Comment #50 Removed by Moderator

To: neverdem
From the article: Although few statistics are available, anecdotal evidence suggests that such cases are on the rise.

Just how much "anecdotal" evidence is there? The NYSlimes believe anecdotes ae sufficient in a story like this, but not for any number of stories regarding student achievement? The examples seem pretty rare, and smack of the liberal mod-op of drawing a conclusion, and then scavenging for "facts" that support the conclusion. My conclusion --> this story is bogus.

51 posted on 01/04/2004 5:50:10 AM PST by buzzyboop (no tags, no fuss)
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To: FITZ
You still don't get it. Zero-tolerance was NEVER about drugs, that was just the cover story. It is about lack of responsiblity and laziness on part of those who should do their jobs, but instead they choose to take the easy, harmful way (to the kids) and have a one catch all rule with a punishment that was either exspellment and/or arrest; no excuses, even if you are innocent of what you are accuse of doing, or you were defending yourself.

Zero-tolerance is finding someone guilty on accusation ALONE and dening them the right to defend themselves against said accusation.

Zero-tolerance goes against one of the most important fondations of this country; "Innocent until PROVEN guilty."

Teach children that they have no freedoms, no rights whatsoever is going to kill the spirit of this country FASTER than anything else there is.

52 posted on 01/04/2004 8:02:12 AM PST by Paul C. Jesup
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To: buzzyboop
To me it sounds you just want to shoot the messenger, regardless of whether the message is true or not. From what I've read, in the cities and increasingly in the suburbs, it's true.
53 posted on 01/04/2004 8:18:53 AM PST by neverdem (Xin loi min oi)
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To: WOSG
It's why the end of corporal punishment has inevitably led to this.

Whoa buddy; so you really think bringing back the paddle is the solution to the problems of modern education? I can't go there with you. Respect and consensus trumps pain and force every time.

As for rebelliousness, you're right that it's not an innate human quality in all situations, but it is a natural reaction to force. Force engenders response. My experience of public school was an environment that required you to do a lot of things that were patently unnecessary; this created a desire to assert ones self in response.

And in my experience, especially again wrt public school, I was smarter than a lot of the adults, or at least it appeared that way given the restrictions placed on how we were allowed to interact. I feel that high school is full of adults who never realized their full potential, and students can sense this.

54 posted on 01/04/2004 11:16:28 AM PST by logan
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To: logan
Whoa buddy; so you really think bringing back the paddle is the solution to the problems of modern education? It's absense indicates a lack of moral rigor ie, we foolishly think the comfort and happiness is more important to the young than other things, like moral development. I say otherwise: Their moral development is important enough that we shouldnt exclude forms of discpline that work to shape young minds and create better habits and actions, even if it brings discomfort on kids (or for that matter adults. It's the adults who are too blame for getting squeamish or allowing their own lax moral standards to inflict similar laxness on kids.) It's not that you need to paddle that much, but failing to recognize its utility in some cases is a 'red flag' for where we have gone wrong wrt raising kids.

I can't go there with you. Respect and consensus trumps pain and force every time.

Where do you get the silly idea that respect and physical discipline are mutually exclusive? It's out of respect for kids that you want to do what will make them the best possible human beings. Lack of discpline is disrespectful for the potential of children. If you never ever corrected a child at all during their life so they never learned right from wrong, you know what that would be? child abuse.

Treat kids as adults in the sense that they are responsible for their own actions and will suffer consequences if they do wrong, and you will raise responsible human beings who respect their own selves as well as others.

And in my experience, especially again wrt public school, I was smarter than a lot of the adults, ... As someone with 150 IQ, I see nothing unusual about that. It's a good lesson for future life: You respect people whatever relative 'smarts' are. Just because you might be smarter than the "boss" doesnt mean you can mock him and keep your job! :-) ... or at least it appeared that way given the restrictions placed on how we were allowed to interact. Thanks for making my point, alas. What is unusual is our obsession with trying to "justify" authority rather than simply saying that authority eg of school officials can and should deserve respect as authority figures. It's not the schools business nor need to justify every rule to every smart-alecky kid in the schoolyard.

My experience of public school was an environment that required you to do a lot of things that were patently unnecessary; this created a desire to assert ones self in response. And my experience was that asserting oneself could be constructive or destructive ... and it was essential to discpline away destructive behaviors or things got out of hand.

55 posted on 01/04/2004 2:43:41 PM PST by WOSG (The only thing that will defeat us is defeatism itself)
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To: WOSG
It's not that you need to paddle that much, but failing to recognize its utility in some cases is a 'red flag' for where we have gone wrong wrt raising kids.

We'll just have to agree to disagree then. I don't believe that physically beating people is necessary to have a well ordered society, and in most cases it is counterproductive because inevitably that power is abused by petty tyrants, doing damage to the innocent and creating real trouble resistance.

Where do you get the silly idea that respect and physical discipline are mutually exclusive?

They're not, but corporal punishment represents a different kind of power dynamic between an administration and students (or parents and children). Corporal punishment sends the message that students should obey to avoid pain and discomfort. A better way to create discipline is to have an administration which students understand is furthering their interests, and respect out of their own enlightened self-interest.

What is unusual is our obsession with trying to "justify" authority rather than simply saying that authority eg of school officials can and should deserve respect as authority figures.

I couldn't disagree more. This is what seperates us from the facists, friend. The belief in authority should be respected "just because" is no good; subservance to power without reason or rationale is dangerous, and not an indeal I think we should indoctrinate our youth with.

56 posted on 01/04/2004 3:40:30 PM PST by logan
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To: neverdem
25 - "but you can trace the problem with discipline in schools back to the 1960's "

I think it can be traced to the late baby boomers, and Dr. Spock's book in 1950, on raising children, which became the rage. 'Don't spank or discipline the children' - the results of which started showing up in the 60's in the lack of discipline in the parents of the children now in school.

Bring back spanking. !!!!
57 posted on 01/04/2004 10:24:15 PM PST by XBob
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To: itsahoot
28 -"Alternative School was called "Reform School" in my day.

Reading, writing and arithmetic
taught to the tune of a hickory stick.

Worked well until the fifties, then liberalism started running amok.

School consolidation removed neighborhood schools and destroyed communities. But then again you have much better football teams. :("

great points.
58 posted on 01/04/2004 10:28:09 PM PST by XBob
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To: FITZ; All
46 - What ever happened to the vocational programs we had when I was a kid, where the less scholastically competent students would go to school for a few hours of 'basics', in the moring, then to a job for 'training' in the afternoon?

Don't they have those anymore?
59 posted on 01/04/2004 11:13:14 PM PST by XBob
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To: logan; WOSG
logan - 54 - "It's why the end of corporal punishment has inevitably led to this.
Whoa buddy; so you really think bringing back the paddle is the solution to the problems of modern education? I can't go there with you. Respect and consensus trumps pain and force every time."

It appears you never learned a major lesson in life - the longer you fail to do something which needs to be done, because it irks you, the more time you will spend doing it, and the more time you will spend being irked.

EG - rebel in school and you should be made to stay after school - spending longer in school than if you conformed.

don't study in school because it irks you, and you will have to go to summer school - spending longer in school.

Don't go to summer school - and the longer you will take to graduate, for each grade you fail.

The longer you sas your parents, the longer the spanking should be.

The longer you misbehave, the longer your confinement in your room should be.

The more you sas your boss, the longer your unemployment will be (no good ecommndations).

Your attitudes are what is wrong with our youth, and you are condemning your children your future.
60 posted on 01/04/2004 11:28:34 PM PST by XBob
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