ACLU Of Texas Urges Further Examination Of Policies That Criminalize Public School Discipline
FOR IMMEDIATE RELEASE
Contact: Kirsten Bokenkamp, Communications Coordinator, ACLU of Texas, (832) 691-7013 or (713) 942-8146 x 109; kbokenkamp@aclutx
HOUSTON -- “We worked hard and successfully during the last legislative session to pass laws that begin the process of decriminalizing school discipline. There is still much to do, particularly for special needs students and children of color for whom a public education is not only their right but often their best path to a productive and happy future,” said Terri Burke, Executive Director of the ACLU of Texas. “This report by the Council of State Governments and Texas A & M underscores our concern that Texas schools propel too many of our children into the criminal justice system instead of preparing them to become part of a highly-competitive workforce.”
The study, released today, found that 31 percent of Texas students were suspended off campus at least once during their years in middle and high school. When adding in less serious infractions punished by in-school suspensions, the rate climbed to nearly 60 percent, with one in seven students facing such disciplinary measures at least 11 times. Most students who experienced 11 or more suspensions or expulsions do not graduate from high school, according to the study by the Council of State Governments Justice Center and the Public Policy Research Institute of Texas A&M University.
The ACLU of Texas worked to pass the following school-discipline related bills during the 82nd Legislative Session:
Corporal Punishment, Ticketing, and Use of Force Reporting Bill (HB 359): addresses three separate school discipline issues. First, it grants parents the power to determine if their children can be subjected to corporal punishment at school. Second, it prohibits children in sixth grade and under from being charged with Class C misdemeanors for childish misbehavior. Third, it ensures that school peace officers report use of restraints on special education students.
Record Sealing Bill (HB 961): helps youth and young adults to move past childhood mistakes by lowering the age at which individuals can have their juvenile records sealed and/or restricted.
Truancy Bill (SB 1489): aims to reduce the number of youth and adults sent into the juvenile and adult criminal justice systems for truancy. In 2009 alone there were approximately 120,000 Class C misdemeanor charges filed against Texas students for failure to attend school, a 40 percent increase since 2005.
In 2010, The ACLU of Texas filed a federal class action lawsuit against Hidalgo County. The lawsuit asks a judge to enjoin practices that have improperly sent dozens – possibly hundreds – of the county’s low-income teens to jail for weeks at a time for fines related to school attendance violations they were unable to pay. The lawsuit, which was filed in the U.S. District Court for the Southern District of Texas, McAllen Division, alleges that Hidalgo County magistrates fail to make indigency determinations before giving teens two options: pay or go to jail. This practice is contrary to Texas law and violates constitutional protections against being jailed because of one’s inability to pay court-assessed fines.
