1. 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

2. 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.

3. 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

4. Importance of Diversion Court cant 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)

5. 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

6. Zero Tolerance EQUALS Zero Intelligence

7. 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

8. Birmingham educated only 25% of the countys public school students, but accounted for 83% of school referrals in 2007-2008 Jefferson County Birmingham 10 additional school systems SCHOOL REFERRALS TO JEFFERSON COUNTY FAMILY COURT, 2007-08 SCHOOL YEAR 83%

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

10. 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, 462-480 (December 2006).

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

12. 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

13. Racial Disparities in Detention

14. Admitted that we had been doing something wrong…

15. 15 Trying to fit in Dating Short attention span Identity Some adult responsibilities Independence/Dependence Moody Withdrawn New emotions Normal Adolescence

16. Our Kids Broken families Dysfunctional families Drug/alcohol abuse in families Criminal behavior normal in their families Learning disabilities Mental health issues Abuse victims 1/6/201416

17. Solicit media support Meet with the media at regular intervals. Foster good relations. Provide reliable data. Work with the media on continued messaging.

18. 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

19. 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.

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

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

22. Get it in writing!

23. Birmingham educates only 25% of the countys 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, 2009-10 SCHOOL YEAR 66%

24. COURT REFERRALS FROM BHAM SCHOOLS, BY SEMESTER Discussion alone produced a big drop in referrals, but a written document is critical for sustained results.

25. Despite a 50% drop from 2007-08 to 2008-09, misdemeanors and violations still accounted for more than 90% of arrests

26. The average detention population is down 72%

27. Commitments to Juvenile Prison are down by 73% DYS ADMISSIONS FROM JEFFERSON COUNTY, 2003-2009

28. CHAPTER ONE: Understanding Zero Tolerance Definition, Background, & Effect

29. 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).

30. IDEA Supreme Court Decisions 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. Dept 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)

31. 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

32. 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). Middle School Student ADHD Schools Failure to work IEP Juvenile Complaint Referral Due Process Hearing Litigation

33. 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.

34. U.S. Court of Appeals The court stated that, pursuant to the IDEAs 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.

35. 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

36. HISTORICAL DEVELOPMENT 80s 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 90s 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

37. Zero Tolerance=Zero Intelligence Adolescent Brain Research, School as a Protective Buffer, & Racial & Ethnic Disparity

38. 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)

39. EFFECTS OF ZERO TOLERANCE 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

40. CHAPTER TWO: SYSTEMS THEORY A Roadmap to Recovery, or Its the Process; Not the Product

41. 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.

42. SYSTEMS THEORY INPUTSOUTPUTS BOUNDARY SYSTEM

43. 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.

44. WHAT IS THE A JUVENILE JUSTICE SYSTEM? WHAT IF THE DESIRED OUTCOME IS DEPENDENT ON MULTIPLE SYSTEMS? HOW ARE THOSE MULTIPLE SYSTEMS INTEGRATED TO MAXIMIZE THE DESIRED OUTCOME?

45. IT TAKES A COMMUNITY TO TARGET CRIMINOGENIC NEEDS COGNITION PEERS SCHOOL CONNECTEDNESS FAMILY FUNCTION SUBSTANCE ABUSE WEAK PROBLEM-SOLVING SKILLS SOCIAL SERVICES MENTAL HEALTH COGNITIVE RESTRUCTURING SCHOOL SYSTEM MULTI-SYSTEMIC THERAPY FUNCTIONAL FAMILY THERAPY PROBATION/COURTS

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

47. CHAPTER THREE: The Protocol The Clayton County Case Study

48. Figure 3. Line graph showing the increase in referrals after police placed on campus and the decrease after the protocol became effective in 2004. Number of Referrals

49. OBJECTIVES OF PROTOCOL 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.

50. SCHOOL OFFENSE PROTOCOL AGREEMENT 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

51. SROs 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. SROs also requested the discretion to make a variety of referral, or take other action

52. CHAPTER FOUR: School Safety Engaging Students to Promote Safety in the Schools

53. Schools are a microcosm of the community Sgt. Marc Richards Supervisor, SRO Unit Clayton County Police Department

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

55. PROTOCOL EFFECT ON SCHOOL SAFETY INCREASES POLICE PRESENCE INCREASES INTELLIGENCE DECREASES WEAPON CASES INCREASES SCHOOL SAFETY DECREASE MINOR SCHOOL REFERRALS STEP ONESTEP TWO STEP THREE STEP FOUR STEP FIVE

56. EFFECTIVE USE OF PROTOCOL PROMOTES SAFETY

57. PROTOCOL INCREASES POLICE INTELLIGENCE

58. 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?

59. CHAPTER FIVE: Increase Graduation Rates Who would ever think that keeping kids in school will increase graduation rates?

60. THE RESEARCH Assess Disruptive Students, or why is Johnny disrutive ? Develop Alternatives to Suspension & Referral to Treat the Causes Increase in Graduation Rates

61. Single Point of Entry Quad C-ST School Mental Health Social Services PoliceCourt

62. OUT-OF-SCHOOL SUSPENSION MIDDLE SCHOOL

63. GRADUATION RATES Protocol : Pre-Referral Diversion 1368 Referrals 44% Decrease 56% Decrease 60% Decrease 69% Decrease 61% Decrease 1077 Referrals 1050 Referrals Post- Referral Diversion

64. FELONY RATES So goes graduation; so goes juvenile crime Protocol OSS Alternatives

65. TARGET HIGH RISK YOUTH Decrease Formal Filings Decrease Caseloads Increase Supervisio n of High Risk Youth Decrease Recidivism

66. PROTOCOL EFFECT ON COMMUNITY SAFETY DECREASE MISDEMEANOR SCHOOL REFERRALS INCREASE COMMUNITY SAFETY REDUCE RECIDIVISM INCREASE SURVEILLANCE OF HIGH RISK KIDS DECREASE PROBATION CASELOADS STEP ONESTEP TWO STEP THREE STEP FOUR STEP FIVE

67. CHAPTER SIX: Reducing Racial & Ethnic Disparities

68. DETENTION RATES ON SCHOOL REFERRALS

69. 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

70. 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 groups work Frame the issues carefully and repeat constantly

71. Replication Tips: Implementation Dont 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

72. For more information: Brian Huff huffb@jccal.org Steve Teske steve.teske@co.clayton.ga.us huffb@jccal.org steve.teske@co.clayton.ga.us