Examining the Examining the DataData

* National average from The National Center on Education, Disability National average from The National Center on Education, Disability and Juvenile Justice. www.edjj.org.and Juvenile Justice. www.edjj.org.

As many as 70% of the youth involved in As many as 70% of the youth involved in the juvenile justice system have the juvenile justice system have disabilities.*disabilities.*

Learning disabled youth are 200% more Learning disabled youth are 200% more likely to be arrested than non-disabled likely to be arrested than non-disabled youth for comparable activity, are more youth for comparable activity, are more likely to be adjudicated, and spend longer likely to be adjudicated, and spend longer periods of time locked up or on probation.periods of time locked up or on probation.

Only 35% of Students Identified Only 35% of Students Identified as Emotionally Disturbed, as Emotionally Disturbed, Graduate with a Regular High Graduate with a Regular High School Diploma.School Diploma.

35%

In Louisiana, only 8% of students with ED graduated high school

Montgomery, Alabama and average of 30 students drop out of high school every school day. A 51.2% graduation rate

Students are more likely to drop out if:

They have been suspended repeatedly

They have been expelled for any period of time

They have been retained in a grade below their age-level peers

The more days a student misses, the more likely they are to drop out of school

African-American students are 2.6 times more African-American students are 2.6 times more likely to be suspended as white students. In likely to be suspended as white students. In 2000, they represented 17% of the student 2000, they represented 17% of the student population, but 34% of those suspended.population, but 34% of those suspended.

Although juvenile crime dropped during the last Although juvenile crime dropped during the last half of the 1990’s, the number of cases involving half of the 1990’s, the number of cases involving juveniles—mostly non-violent—increased, along juveniles—mostly non-violent—increased, along with the number of youths held in secure with the number of youths held in secure facilities for non-violent offenses.facilities for non-violent offenses.

Zero tolerance The overrepresentation of students with The overrepresentation of students with

disabilities and minorities who are disabilities and minorities who are suspended and expelledsuspended and expelled

in the juvenile justice system in the juvenile justice system

is exacerbated by the fact that many school is exacerbated by the fact that many school districts have adopted a “zero tolerance” districts have adopted a “zero tolerance” policies. policies.

Zero toleranceZero toleranceMandates predetermined consequences or punishments for specified offenses.

Subjects students to automatic punishments that do not take into account extenuating or mitigating circumstances.

Zero tolerance policies began with federal drug policy of the 1980’s.

This tide swept zero tolerance into national policy when the Gun-Free Schools Act of 1994 was enacted.

In the name of zero tolerance, local school districts have:

Broadened it application beyond the federal mandates of weapons, to drugs and alcohol, threats, or even swearing.

Continued to toughen their disciplinary policies with permanent expulsion from the system for some offenses.

Applied school suspensions, expulsions, or transfers to behaviors that occur outside of school.

All relevant research — including a recent, study by the American Psychological Association — shows that zero tolerance approaches do not result in safer, more orderly classrooms.

Zero tolerance does not work

Represents a lost moment to teach children respect and

A missed chance to inspire trust of authority figures.

Zero tolerance

> State LegislationState Legislation — Mississippi, Alabama, — Mississippi, Alabama, LouisianaLouisiana

> Administrative ComplaintsAdministrative Complaints — Louisiana, — Louisiana, MississippiMississippi

> Coalition Building LocallyCoalition Building Locally — Florida (Legal Aid, — Florida (Legal Aid, P&A, P&A, Public Defenders)Public Defenders)

> Cooperative AgreementsCooperative Agreements — Louisiana (Juvenile — Louisiana (Juvenile Courts, Courts, Police School Districts)Police School Districts)

> Coalition Building NationallyCoalition Building Nationally — NJDC, ACLU, — NJDC, ACLU, Harvard Harvard Civil Rights Project, NAACP etc.Civil Rights Project, NAACP etc.

> LitigationLitigation — — Beth V. v. CarrolBeth V. v. Carrol, 87 F.3d 80 (3rd Cir. , 87 F.3d 80 (3rd Cir. 1996);1996); Corey H. v. Chicago Board of Educ.Corey H. v. Chicago Board of Educ., 995 F. Supp. , 995 F. Supp. 900900 (N.D. Ill. 1998) (N.D. Ill. 1998)

Multi-faceted Multi-faceted StrategiesStrategies

A core aspect of the strategy A core aspect of the strategy is using special education is using special education law as the lever to get law as the lever to get school-wide Positive school-wide Positive Behavioral Interventions and Behavioral Interventions and Supports (PBIS) adopted Supports (PBIS) adopted around the country.around the country.

PBIS is an evidence-based, PBIS is an evidence-based, systems-wide method of systems-wide method of

improving student behavior.improving student behavior.

School-wide and individualized teaching,School-wide and individualized teaching, Modeling, andModeling, and Recognizing and rewarding positive student Recognizing and rewarding positive student

behaviorbehavior

PBIS’s premise is that continualPBIS’s premise is that continual

PBIS will reduce PBIS will reduce unnecessary discipline and unnecessary discipline and

promote a climate of greater promote a climate of greater productivity, productivity, safety, and safety, and learning.learning.

> It is a viable alternative to zero toleranceIt is a viable alternative to zero tolerance

PBIS is critical becausePBIS is critical because

> It will create a hospitable environment for It will create a hospitable environment for kidskids

Allowing them to remain in schoolAllowing them to remain in school

Giving kids diverted from the juvenile justice Giving kids diverted from the juvenile justice system or released from juvenile detention system or released from juvenile detention the ability to succeed in schoolthe ability to succeed in school

Very high suspension rates and overuse of court Very high suspension rates and overuse of court referrals for behavior that historically has been referrals for behavior that historically has been dealt with by school officialsdealt with by school officials

Problematic Education Problematic Education Issues to be addressedIssues to be addressed

IssuesIssues

IssuesIssues

IssuesIssues

IssuesIssues

IssuesIssues

In the three states we already have a physical presence.In three additional states where we’re working with groups to whom we’ve provided grants.

At the national level. 123

For More Information For More Information ContactContact

Ronald K. Lospennato, DirectorRonald K. Lospennato, DirectorSchool-to-Prison Reform ProjectSchool-to-Prison Reform ProjectRon.lospennato@splcenter.orgRon.lospennato@splcenter.org

www.splcenter.orgwww.splcenter.org