The Power of Collaboration: How a Jurisdiction Reduced School Arrests National Juvenile Justice Network Annual Forum Washington, D.C. July 27, 2011 Judge Brian Huff Jefferson 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 Detention Probation

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 Philosophy OLD 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

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

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

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)

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, (December 2006).

Birmingham educated only 25% of the county’s public school students, but accounted for 83% of school referrals in Jefferson County Birmingham 10 additional school systems SCHOOL REFERRALS TO JEFFERSON COUNTY FAMILY COURT, SCHOOL YEAR 83%

Birmingham students referred to family court in 2007/08 – by offense

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

Racial Disparities in Detention

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

MULTI-INTEGRATED SYSTEM THEORY OUTPUTS Education Social Services Mental Health Law Enforcement INPUTS

Admitted that we had been doing something wrong…

21 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 8/26/201522

Decide which “offenses” to include. Affray (fighting) Disorderly conduct Harassment Assault 3 (no weapon) Menacing (no weapon) Criminal Trespass 3 Theft 3

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.

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 (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.”

ALLEGORY OF THE SCHOOL BY OFFICER ROBERT GARDNER Clayton County Police LAMBS SHEEP WOLVES THE SCHOOL

Decide which “offenses” to include. Affray (fighting) Disorderly conduct Harassment Assault 3 (no weapon) Menacing (no weapon) Criminal Trespass 3 Theft 3

Decide upon a better way of discipline. First “offense” – warning/written citation Second “offense” – Attend “School Offense Workshop Referral to court

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

Get it in writing!

Birmingham educates only 25% of the county’s public school students, but now accounts for 66% of school referrals Jefferson County Birmingham 10 additional school systems SCHOOL REFERRALS TO JEFFERSON COUNTY FAMILY COURT, SCHOOL YEAR 66%

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 to , misdemeanors and violations still accounted for more than 90% of arrests

The average detention population is down 72%

Commitments to Juvenile Prison are down by 73% DYS ADMISSIONS FROM JEFFERSON COUNTY,

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

For more information: Brian Huff Presiding Judge Jefferson County Family Court