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Sarah Peterson

ICJJ Report on the Luzerne County Scandal – What role should schools play?

The Interbranch Commission on Juvenile Justice just issued its Final Report and Recommendations following an investigation into the Luzerne County juvenile justice system.  You can learn more about the Luzerne “kids for cash” scandal from our friends at the Juvenile Law Center, who have issued a response to the report.

You can read the Education Law Center's initial response here.

As we at ELC look at the report, we’re interested in what the Commission has to say about the fact that many of the wrongly sentenced youth were in court because of offenses that they committed in school.  When (and how) should schools try to address student behavior on their own, as opposed to involving the police?  Perhaps more importantly, how can schools play a positive role in supporting students so that behavioral problems are prevented and addressed early on – eliminating the need for any court involvement?  Please share your thoughts.

Tags: Climate, Justice, Juvenile, Luzerne, School, Zero-Tolerance

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I'm an advocate that is often called in after the problem has occurred. If the student is lableled and has an IEP under emotional support usually the only support the student receives is learning support. I have had cases where the IEP addressed social work services but it isn't done or I'm told "the student didn't want to talk so I sent them back to class". So often this group of students are given a label but not served. They fall behind in Reading and one can see the lack of real support is leading the student away from school and into trouble. Students need supported early in grade school. The lack of support causes student failure. The problems manifest in high school. The fix is early treatment. It is not addressing the high school student after the fact.
I am sure that a large percentage of these kids have either some sort of disability- either a learning disability or something like ASD/ADHD- and they weren't given the in-school supports that they needed when they were young, either educational, behavioral, emotional, or social. At some point, a lack of appropriate educational support and/or social support can create behavior issues where there originally were none. Then the behavior intervention used is punishment, rather than positive behavior intervention which can teach children appropriate ways of dealing with frustration, confusion,, anger, sensory issues, needs, etc. Many of these children are easy targets for bullying which is more often than not ignored by schools despite their "zero tolerance" proclamations.

I'm also aware of situations where children have been arrested for "assault" on a teacher (the teacher pressing charges!) when a special needs child has been merely defending him'herself against illegal seclusion and/or restraint.

There are several things that need to change- there needs to be massive training of all school staff and admin- high quality training given directly to all school admin and staff by specialists to teach them about disabilities of all types. They need a major revamping of how these teachers and schools view children with needs, and bullying...understanding differences and tolerance...and it needs to be admin as well as teachers and staff b/c teachers and staff need to be supported by the administration- and if they don't "get it" then it will never work. Attitudes need to change at all levels- attitudes need to change from the top down and the only thing that accomplishes that is education. Education of EVERYONE- from the superintendent to the lunch staff.

Unfortunately in many of these types of schools, simply teaching positive behavioral interventions won't be enough when these interventions are delivered by snorting, eye-rolling, grumbling staff. Principals and superintendents need to be either "converted" to a new way of thinking- or replaced by someone who already "gets it." Attitudes need to change- from the top down..
Karin,

Thanks for your thoughtful response - here's hoping that the report is a catalyst for some of the top-down changes you're talking about.

best,
Sarah
Sarah- I really really hope so.
This is terrifying as long as the mandatory call to police is included in the bill.

From DRNPA:
SB 56 Requiring Schools to Report Student Behavior to Police

This Bill will require school administrators to call the police to report certain student behavior regardless of the age, disability or understanding of the child. We believe this Bill will (a) feed the school to prison pipeline; (b) traumatize children unnecessarily; (c) not make schools safer. Several advocacy groups have proposed amendments to eliminate mandatory reporting. Please tell your Legislator you do support the Child Advocate Amendments to SB 56 sent Monday April 27 to the Senate, but that you do not support the bill as it currently stands. A copy of the bill with our proposed amendments is attached.

You can use these talking points when discussing the bill:

*We need a common-sense approach to school discipline. That means schools should have discretion in what they report to the police-especially regarding children with disabilities or young children.
*This bill will REQUIRE schools to call the police even when the school thinks it's inappropriate.
*The needless and excessive use of police in schools is not a good use of law enforcement resources and does not make schools safer.
*Criminalizing children is not the answer to safer schools.
*Effective interventions such as School Wide Positive Behavior Support create a safe school and a better learning environment. Let's invest in prevention instead of more police presence in schools.

I am a concerned mom in Luzerne County.  Our school district uses the "NO TOLERANCE" standard.  I am not an advocate for this standard.  My son is 7 years old and last year when he was 6, he was pushing children on the playground.  He would always come home saying it was not on purpose.  As a parent, no one wants to believe their child is the "trouble maker" and my son didn't act like that at home. The school decided to have their police officer speak to my son, without my husband's or mine consent or knowledge.  My son came home crying, and saying he was going to be arrested.  He said the police officer said things that scared him. My son is still very afraid of police.  He admits if he gets lost, he will not go to a police officer.  The school could not show us their policy on scarring younger children with police.  Since last year, we have found out my son has a visual problem and has poor depth perception.  Some things that happen are not always black and white.  I think that our district forgets that children "NEED" to learn how to resolve their conflicts, not be separated or singled out in front of their peers.  These are life lessons.  My son lived first grade being singled out and in trouble all the time.  Knowing how to deal with people is a life lesson.  He lacks self esteem and confidence and his teacher this year is working hard at trying to rebuild these.  The no tolerance does not teach these children how to work out problems, it teaches them to run from them.  Teachers need to teach.  It is easier to punish and alienate these children and run them out of the school then do the job of showing these children that problems can be solved.  Some problems are organic and not just pure behavior. Maybe not all of them will be the best of friends, but in life, we all know people we don't like or get along with at work or in our families or circle of friends, but we know how to be civil and get along. (usually)  I don't think the NO TOLERANCE should be allowed in the schools at all.   It is a lazy way to deal with children who may need extra help. I hope their are people who agree with me. 

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