29 Nov

Mississippi County Jails Kids For School Dress Code Violations, Tardiness, DOJ Alleges


By Nicole Flatow

Once those children are in the juvenile justice system, they are denied basic constitutional rights.

The McGlynn: America, the land of the free.

In Meridian, Miss., it is school officials – not police – who determine who should be arrested. Schools seeking to discipline students call the police, and police policy is to arrest all children referred to the agency, according to a Department of Justice lawsuit. The result is a perverse system that funnels children as young as ten who merely misbehave in class into juvenile detention centers without basic constitutional procedures. The lawsuit, which follows unsuccessful attempts to negotiate with the county, challenges the constitutionality of punishing children “so arbitrarily and severely as to shock the conscience” and alleging that the city’s police department acts as a de facto “taxi service” in shuttling students from school to juvenile detention centers. Colorlines explains:

Once those children are in the juvenile justice system, they are denied basic constitutional rights. They are handcuffed and incarcerated for days without any hearing and subsequently warehoused without understanding their alleged probation violations.

To illustrate how this system works, Colorlines provides the example of Cedrico Green. When he was in eighth grade, he was put on probation for getting in a fight. After that one incident, every subsequent offense was deemed a probation violation — from wearing the wrong color socks, to talking back to a teacher – and the consequence was a return to juvenile detention. He couldn’t even remember how many times he had been back in detention, but guessed 30 times – time when he wasn’t in school, fell behind in his schoolwork and subsequently failed several classes, even though he said he liked school.

The phenomenon of disciplining kids through the criminal justice system is known as the “school-to-prison pipeline” – a  process that paves the way for some kids accused of minor disciplinary violations to spend less time in school, and more time getting exposure to the criminal justice system. Colorlines explains:

A 2010 study by Russell Skiba, a professor of education policy at Indiana University, looked at four decades of data from 9,000 of the nation’s 16,000 middle schools. It found that black boys were three times as likely to be suspended as white boys and that black girls were four times as likely to be suspended as white girls. It is a serious, endemic issue. […]

Research shows that if the intent behind zero-tolerance policies is to discourage misbehavior and foster good learning environments, they don’t do the job. A sweeping 2006 study (PDF) conducted by the American Psychological Association found that zero-tolerance policies don’t actually make schools safer, and in fact can work to push students away from school. If, however, the intent is to push students of color out of school, away from their educational futures and into the criminal justice system, there is also a body of evidence that suggests that zero-tolerance policies are rather effective instruments.

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