Keeping Youth in School and Out of the Justice System: Promising Practices and Approaches

 
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Keeping Youth in School and Out of the Justice System: Promising Practices and Approaches
June 2018                                                       Driving Local Reform: Certificate Program Series

        Keeping Youth in School and Out of the Justice
         System: Promising Practices and Approaches

                                           Amber Farn, M.S.Ed

T he “school-to-prison pipeline,” a term that has
garnered a great deal of attention in recent years,
                                                         involvement (Carter et al., 2014; Morgan et al.,
                                                         2014; Fabelo et al., 2011). Once students are
describes the direct link between exclusionary           removed from schools, they have fewer
school discipline practices and students’ subsequent     opportunities to participate in school activities and
involvement in the juvenile justice system.              develop positive, meaningful relationships with
Behaviors such as truancy and violating school rules     peers and school staff, and they are more likely to
are often part of normal adolescent development.         engage in subsequent delinquent behaviors. It is also
However, due to the focus on zero-tolerance school       important to note that a student’s misconduct is often
policies first implemented in the 1980s, misbehavior     a symptom or manifestation of unmet needs, such as
historically handled by school staff are now often       an untreated trauma, undiagnosed mental health
referred to law enforcement officers as delinquent       issues, or family conflict (Skowyra & Cocozza,
offenses, causing unnecessary interactions between       2006). Exclusionary school discipline does not
youth and the juvenile or criminal justice systems.      address the underlying reasons for students’ acting-
This bulletin discusses the school-to-prison pipeline    out behaviors and can even exacerbate the problem
issue, focusing on school-based referrals to law         behaviors. Unfortunately, schools often lack the
enforcement, arrests in schools and their harmful        resources to respond to these youth’s multisystemic
consequences, and highlights promising practices         needs, and school administrators increasingly
and examples of local reform efforts designed to         depend on law enforcement officers and juvenile
keep youth in school and out of the justice system.      courts to handle students’ behavioral incidents
                                                         (Cocozza, Keator, Skowyra, & Greene, 2016). The
The Issue                                                traditional response from the juvenile justice system
Although schools often rely on exclusionary              is usually to arrest the disruptive youth, and
                                                         consequently, the youth could end up in a juvenile
discipline such as suspensions, expulsions, and
arrests to address student misconduct, researchers       detention center and/or be charged with an offense,
                                                         resulting in system involvement.
have found little evidence to support the
effectiveness of these practices (Carter, Fine, &        Juvenile justice researchers and practitioners have
Russell, 2014; Morgan et al., 2014). On the contrary,    found overwhelming evidence indicating that the
frequent use of exclusionary discipline is associated    school-to-prison pipeline phenomenon tends to have
with negative student outcomes, including high           a disproportionate impact on minority students, and
levels of insecurity and fear of disciplinary actions,   schools often serve as a primary source of referrals
lower academic achievement, higher risk of school        to the justice system (American Institutes for
dropout, and higher risk of juvenile justice             Research, 2012; Morgan, Salomon, Plotkin, &
Keeping Youth in School and Out of the Justice System: Promising Practices and Approaches
Cohen, 2014; National Center for Mental Health and           under ESSA, Congress requires states and districts to
Juvenile Justice, 2012; Tseng & Becker, 2016).               collect data on student disciplinary actions and
                                                             school arrests (Office for Civil Rights, 2016). This is
Indeed, an analysis of the 2013-2014 school
                                                             a vital step in promoting transparency and
discipline data collected from about 8,000 public
                                                             accountability to reduce the use of exclusionary
schools showed an overrepresentation of minority
                                                             discipline in schools.
youth in school-based referrals to law enforcement
and school-related arrests. In particular, while black       On the local level, a growing number of schools are
youth represent only 15.5 percent of the overall             beginning to revise policies and practices in order to
student enrollment in this dataset, they represent           move away from a zero-tolerance approach. In this
25.8 percent of law enforcement referrals and 33.4           regard, school leaders in many jurisdictions have
percent of arrests. In comparison, white students            worked to develop alternative approaches to justice
represent 50.3 percent of the overall enrollment, 38.2       referrals and incorporate these options into
percent of law enforcement referrals, and 33.7               disciplinary protocols, allowing behavioral incidents
percent of arrests (Education Week Research Center,          to be handled within the school system. In order to
2017).                                                       identify youth with the most intense needs and to
                                                             provide them with preventive services, many schools
                                                             are adopting early warning systems that identify at-
                                                             risk students by looking at attendance, behavioral
                                                             incidents, and grades (Morgan et al., 2014). Further,
                                                             many schools have begun to take a behavioral-
                                                             health-focused, individualized approach when
                                                             working with disruptive students. These school staff
                                                             address the underlying factors for students’
                                                             misconduct through school-based supportive
                                                             services, including screening and assessment,
                                                             counseling, crisis intervention, mentoring, and other
                                                             cognitive skill-building programs (Tseng & Becker,
                                                             2016). The Positive Behavioral Interventions and
                                                             Supports (PBIS) approach is an example of a
                                                             framework developed to help schools shift away
                                                             from     exclusionary      practices   through     the
                                                             implementation of evidence-based behavioral
                                                             interventions (Curtis, 2014).
Changing Schools’ Responses                                  Focusing on facilitating a positive school climate,
There have been several key reform initiatives at the        the PBIS is a multi-tiered prevention model (Horner
federal level that have helped to galvanize the push         & Sugai, 2015). At Tier 1, the interventions are
to examine and improve school disciplinary                   designed to support all students and reduce problem
practices, including the Supportive School                   behaviors in general. At Tier 2, the intervention
Discipline Initiative (SSDI) and the Every Student           intensity increases and focuses on a subset of at-risk
Succeeds Act (ESSA). Launched in 2011, the SSDI              students to address underlying issues and prevent
is a collaboration between the U.S. Department of            worsening of problem behaviors. At Tier 3, high-
Education and the U.S. Department of Justice that            intensity interventions are individualized to assess
supports local school districts in providing effective       and support a small percentage of high-risk students.
alternatives to exclusionary discipline and fostering        The PBIS approach emphasizes on operationalizing
supportive school climate (U.S. Department of                positive behavior interventions and measuring
Education, n.d.). Signed in December 2015, the               implementation fidelity as well as youth outcomes
ESSA is a reauthorization of the 1965 Elementary             (Horner & Sugai, 2015). It has shown evidence in
and Secondary Education Act that includes                    reducing staff’s use of exclusionary discipline in
provisions to help schools establish positive and            schools and improving students’ social, academic,
supportive learning environments. In particular,             and behavioral outcomes (Horner & Sugai, 2015).

June 2018                                                2                Driving Local Reform: Certificate Program Series
What Is a Capstone Project?
 The Center for Juvenile Justice Reform (CJJR) at Georgetown University’s McCourt School of Public Policy hosts
 intensive Certificate Programs designed to address specific issues in juvenile justice through a multi-disciplinary
 approach. As part of the training, participants from state and local agencies within a jurisdiction work together to
 design and implement a local Capstone Project focused on multi-system reform. The following sections of this
 bulletin highlight some exemplary Capstone Projects.

 Learn more about these local reform efforts:
 http://cjjr.georgetown.edu/certificate-programs/capstone-projects/local-reform-efforts/

In addition to reforming school policies and                  protocols. Leaders in the field should also provide
practices, many local school districts are also               joint trainings for school staff and law enforcement
partnering with juvenile justice agencies to develop          officers, which can improve collaboration and
school-based diversion programs, usually targeting            communication among parties, and lead to reduced
status offenders, students with behavioral health             school-based arrests and justice system referrals.
disorders, and students involved in non-violent
behavioral incidents. Diversion programs with a                                              Staff Training:
restorative justice component, in particular, have                                  Local Capstone Example
become increasingly popular and have demonstrated
promising results in reducing a youth’s likelihood of            Providing Cross-Systems Training to
reoffending. Restorative justice practices focus on              Eliminate the School-to-Prison Pipeline:
remedying the harm caused by a youth’s delinquent
behavior     through     offender     accountability,            Colorado
competency development, and making amends to the                 Janelle Krueger, Program Manager of Colorado’s
victim, thereby allowing schools to hold students                Department of Education’s Expelled and At-Risk
accountable for their actions while providing                    Student Services grant program, participated in
supportive services to meet their needs (Carter et al.,          CJJR’s      2015     School-Justice     Partnerships
2014; Wong, Bouchard, Gravel, Bouchard, &                        Certificate Program. Ms. Krueger recognized that
Morselli, 2016).                                                 law enforcement officers and school administrators
                                                                 were the gatekeepers influencing a student’s entry
                                                                 into the juvenile justice system for school-based
Strategies and Reforms
                                                                 discipline incidents. As a result, she worked with
When revising school policies and implementing                   her partners to establish a multi-disciplinary work
school-based diversion programs, there are four                  group and to develop an interactive training
important strategies that policy makers, educators,              workshop for school-based teams, including
and juvenile justice leaders should consider: training           School Resource Officers.
staff, addressing disproportionality and disparities,            Following a successful “trial run” in June 2017
developing     school-justice    partnerships,     and           with Jefferson County School District, the second
collecting and evaluating data.                                  largest school district in Colorado, two Denver-
                                                                 metro area workshops were conducted in early
Staff Training                                                   2018. A total of 81 participants attended the
School personnel should receive cultural competence              training, representing 65 school administrators
and adolescent development trainings in order to                 from 18 schools in six school districts, and 16
                                                                 School Resource Officers from eight law
better understand youth’s needs and the implications
                                                                 enforcement jurisdictions. Three additional
of justice system involvement. Staff must be able to
                                                                 workshops will be held for the 2019-2020 school
recognize potential behavioral health symptoms and               year. To measure training outcomes, Ms. Krueger
locate resources for students in need. In addition,              will monitor trend lines of participating schools’
they must be well versed in any new disciplinary                 referrals to law enforcement and law enforcement
policies and practices that are introduced, as well as           agencies’ school-based arrest data.
the available diversion opportunities, criteria, and

June 2018                                                 3                Driving Local Reform: Certificate Program Series
Disproportionality and Disparities
                                                             another. However, many researchers, school leaders,
Disparate treatment of minority youth and their              and police officers across the country agree that
overrepresentation in school discipline is well              having a strong, collaborative partnership between
documented in the research literature. Policy makers         the school district and local law enforcement agency
and practitioners should be attentive to potential           is associated with more effective responses to
biases and inequities when creating policies and             students’ misconduct and fewer arrests for minor
developing programs to support youth development.            offenses (Carter et al., 2014; Morgan et al., 2014).
More specifically, services and interventions should         Several jurisdictions have developed memoranda of
be individualized and responsive to students’                understanding (MOU) to delineate roles and
race/ethnicity,   gender,      sexual    orientation,        responsibilities of school staff and law enforcement
immigration status, and disability.                          officers, which helps to prevent confusion and
                                                             decrease conflict between staff from different
       Disproportionality and Disparities:                   agencies.
                Local Capstone Example
  Reducing Racial and Ethnic Disparities                                      School-Justice Partnerships:
  in School Arrests:                                                             Local Capstone Example
  Johnson County, Iowa                                          Improving Youth Outcomes Through
  Leaders from Johnson County district court,                   School-Justice Partnerships:
  schools, police department, and community
  programs participated in CJJR’s 2013 Reducing                 Spokane County, Washington
  Racial and Ethnic Disparities Certificate Program.            Leaders from the Spokane County juvenile court,
  As part of their Capstone Project, team members               police department, school district, and the
  created protocols designed to reduce the practice of          Washington State Department of Social and Health
  school staff contacting law enforcement in                    Services participated in CJJR’s 2016 School-
  response to students’ problem behaviors. They also            Justice Partnerships Certificate Program. The
  implemented a uniform set of graduated sanctions              team’s Capstone Project focuses on improving
  for in-school behaviors to limit law enforcement              disciplinary outcomes for youth in Spokane Public
  intervention, and created a community-based                   School (SPS), piloting the effort in an elementary
  diversion program, the Learning Alternative Daily             school, middle school, and high school. In these
  Decisions     to   Ensure     Reasonable     Safety           schools, staff revised decision-making processes so
  (LADDERS), to address disorderly behavior in                  that the policies reflect culturally-sensitive
  schools.                                                      approaches and support community collaboration.
  First implemented in the 2013-2014 school year,               In addition, the Capstone team is in the process of
  the project has led to promising results. In 2012,            developing an MOU with partnering youth-serving
  there were 40 arrests in schools for disorderly               agencies to share school discipline data.
  conduct, of which 30 (75%) were African                       As of September 2017, the team has organized
  American youth. In 2017, there were 15 arrests for            training in restorative justice practices, de-
  disorderly conduct, of which 10 (67%) were                    escalation techniques, and cultural competence for
  African American youth. Since the inception of the            SPS Campus Resource Officers, developed
  LADDERS, school arrests for disorderly conduct                initiatives to build relationships between police
  have reduced by almost 63 percent, and arrests of             officers and youth on probation, and supported
  African American youth have reduced from 75                   SPS in adopting new safety policy and procedures
  percent to 67 percent.                                        to reduce campus arrests. Within one year of these
                                                                policy and practice changes, school arrests have
                                                                dropped by more than 85 percent. The team is
                                                                working closely with the school district to continue
School-Justice Partnerships
                                                                data collection and analysis, and to utilize findings
The relationship between school and juvenile justice            to further refine policies and practices.
agencies varies greatly from one jurisdiction to

June 2018                                                4                Driving Local Reform: Certificate Program Series
The Role of School Resource Officers
Data Collection and Evaluation                               (SROs)
Collecting and evaluating consistent and reliable            The presence of SROs, or law enforcement officers
data is an essential element of monitoring schools’          assigned to work in collaboration with one or more
use of exclusionary and diversionary practices. In           schools, has become increasingly common. The
particular, disaggregating data by race, gender,             2013-2014 Civil Rights Data Collection showed that
sexual orientation, and other subgroups can help             approximately 30 percent of public schools
schools to identify disparate treatment and                  nationally have sworn police officers (Education
overrepresentation of minority youth, and further            Week Research Center, 2017). The National
inform policy reform efforts.                                Association of School            Resource Officers
                                                             recommended that SROs fulfill three primary roles
                                                             in schools: educator, informal counselor, and law
            Data Collection and Evaluation:                  enforcer (Canady, James, & Nease, 2012). Through
                  Local Capstone Example                     their educator and counselor roles, SROs resolve
                                                             conflicts, educate staff, students, and parents about
  Tracking     Over-Representation  of
                                                             justice issues and crisis prevention, and develop
  Minority Youth in School Diversion                         rapport with at-risk students to help them avoid
  Programs to Inform Policy Change:                          justice involvement. In their law enforcer roles,
  Prince George’s County, Maryland                           SROs patrol school grounds to ensure campus safety
                                                             and take part in school disciplinary responses such
  In 2014, staff from Maryland Department of
                                                             as diverting students, issuing citations, and making
  Juvenile Services and the Prince George’s (PG)
  County’s Disproportionate Minority Contact                 arrests when necessary.
  (DMC) Coordinator attended CJJR’s Juvenile                 For those schools with SROs or law enforcement
  Diversion Certificate Program. Through their               officers assigned to their campuses, it is imperative
  Capstone Project, the team piloted a pre-arrest            that school administrators work with the officers to
  school-based diversion program. In 2015, the PG            make them an integral part of the diversion process.
  County DMC Coordinator joined with staff from
  the county public schools and the State’s Attorney
                                                             A research study investigating SROs’ arrest
  office for PG County, as well as the Maryland              decision-making behavior found that laws, rules, and
  State DMC Coordinator to attend CJJR’s Reducing            regulations are some of the most important factors
  Racial and Ethnic Disparities Certificate Program.         that officers consider when making an arrest, along
  Their goal in attending the program was to bolster         with the availability of diversion options (Wolf,
  the data collection and analysis of all school-based       2013). Therefore, school policies should encourage
  diversion referral and outcomes.                           the use of evidence-based behavioral interventions
  In 2017, the team piloted the school-based                 and keep exclusionary discipline and arrest as a last
  diversion program at a local PG County high                resort.
  school for students who committed non-restitution          SROs should also be trained in school disciplinary
  misdemeanor offenses. School staff work with
                                                             policies, diversion protocols, as well as all available
  SROs to identify and refer eligible youth to the
                                                             school-and community-based diversion resources.
  County Department of Family Services for
  assessment and services. In addition to collecting         Thomas, Towvim, Rosiak, & Anderson (2013) have
  data on race and ethnicity, the PG County team has         identified three main components of an effective
  distinguished itself by gathering information on           SRO program:
  students’ social and economic status, sexual                  1. Carefully selected and trained officers;
  orientation, and language spoken at home to
                                                                2. Well-defined roles and responsibilities; and
  identify disparities and disproportionality in other
  subgroups. The PG County Capstone Teams are
                                                                3. Clear and comprehensive agreement between
  continuing their data tracking efforts, monitoring               the school and the law enforcement agency.
  youth      outcomes,     and      making      policy
  recommendations based on the data collected.

June 2018                                                5                Driving Local Reform: Certificate Program Series
Evaluation Resources

 Assessing School Discipline
 The U.S. Department of Education released a suite of free school climate surveys, the ED School Climate Surveys
 (EDSCLS)1, to measure school engagement, safety, and environment, which also include the assessment of
 disciplinary practices. The surveys are available on a web-based platform and for download free of charge.

 The National Center on Safe Supportive Learning Environments has also created resources2 to help school
 administrators interpret the EDSCLS data and utilize the survey results to create actionable next steps in improving
 school climate.

SROs, and law enforcement officers more broadly,                    arrests are critical steps in cultivating a positive
can be an invaluable resource to address students’                  school environment. School-based diversion
needs while also keeping schools safe. The                          programs, especially those with a restorative justice
effectiveness of SROs is contingent upon policies                   focus, have the potential to reorient traditionally
related to supportive school disciplinary practices                 punitive approaches toward prevention and
and diversion, as well as strong school-justice                     rehabilitation, while also allowing students to take
partnerships.                                                       responsibility for their misconduct. With clear and
                                                                    carefully designed diversion policies and protocols,
Conclusion                                                          school staff and law enforcement officers can
                                                                    collaborate to effectively address youth’s needs and
Zero-tolerance policies, originally created to deter
                                                                    prevent their further involvement with the justice
serious, violent crimes in schools, have
                                                                    system.
unintentionally resulted in greater numbers of
students, particularly youth of color, receiving
punishment that drive them into the juvenile justice
system. Tackling the school-to-prison pipeline is
often complicated and requires strong collaboration
between multiple youth-serving systems, including,
                                                                               Questions? Contact Us!
but not limited to, education and law enforcement. It
is critical that leaders from these systems seize                            Center for Juvenile Justice Reform
opportunities to train staff in fostering a safe and                          McCourt School of Public Policy
positive school climate, identify and address                                      Georgetown University
disproportionality and disparate treatment of
minority      students,     establish   collaborative                              http://cjjr.georgetown.edu/
partnerships with key stakeholders, and commit to                                  jjreform@georgetown.edu
driving reform efforts based on data.

It is impractical to suggest that schools eliminate
exclusionary discipline completely; however,
assessing and responding to students’ needs by
fostering a safe, diverse, and supportive learning
environment should take priority. Changing school
discipline policies and developing alternatives to

               1
                   The ED School Climate Surveys can be found at https://safesupportivelearning.ed.gov/edscls
               2
                   The resources can be found at https://safesupportivelearning.ed.gov/edscls/data-interpretation

June 2018                                                       6                 Driving Local Reform: Certificate Program Series
Acknowledgments
Jill Adams, Shay Bilchik, Janelle Krueger, Judge Deborah Minot, Kwabena Tuffour, Michael
Umpierre, Lyrica Welch, and Christopher Wyatt also edited and/or provided guidance on the
development of this document.

Recommended Citation
Farn, A. (2018). Keeping youth in school and out of the justice system: Promising practices
and approaches. Washington, DC: Center for Juvenile Justice Reform, Georgetown
University McCourt School of Public Policy. Available from http://cjjr.georgetown.edu/wp-
content/uploads/2018/05/CP-Series-Bulletin_School-Justice-May-2018.pdf.

June 2018                                    7            Driving Local Reform: Certificate Program Series
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American Institutes for Research. (December 2012).            PBIS: An example of Applied Behavior Analysis
   Keeping young people out of prison and in the              implemented at a scale of social importance.
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   http://www.air.org/resource/keeping-young-                 10.1007/s40617-015-0045-4.
   people-out-prison-and-classroom                         Morgan, E., Salomon, N, Plotkin, M., & Cohen, R.
Canady, M., James, B., & Nease, J. (2012). To                 (2014). Consensus report: Strategies from the
   protect and educate: The school resource officer           field to keep students engaged in school and out
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June 2018                                              8               Driving Local Reform: Certificate Program Series
Tseng, M. & Becker, C. A. (2016). Impact of zero
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June 2018                                              9   Driving Local Reform: Certificate Program Series
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