School Discipline: A Pathway to the Juvenile Justice System or an Opportunity for Effective Intervention?

Transcription

1 Symposium School Discipline: A Pathway to the Juvenile Justice System or an Opportunity for Effective Intervention? Monday, February 20, 2012 Thompson Conference Center The University of Texas at Austin Presented by The Barbara Jordan Freedom Foundation In collaboration with Center for Heath and Social Policy (CHASP) at the Lyndon B. Johnson School of Public Affairs, The University of Texas at Austin Co-sponsored by The William Wayne Justice Center for Public Interest Law The University of Texas School of Law In celebration of Barbara Jordan Freedom Week, established by the 82nd Texas Legislature

2 The Barbara Jordan Freedom Foundation presents Symposium SCHOOL DISCIPLINE: A PATHWAY TO THE JUVENILE JUSTICE SYSTEM OR AN OPPORTUNITY FOR EFFECTIVE INTERVENTION? February 20, 2012 Thompson Conference Center The University of Texas at Austin 1:00 1:30 pm Welcome and Keynote Address Welcome Dean Robert Hutchings (LBJ School of Public Affairs) Introduction of Keynote Speaker: The Hon. Wil Flowers (Chair, Barbara Jordan Freedom Foundation Board of Trustees, and Travis County District Judge (ret.)) Keynote The Hon. Wallace Jefferson, Chief Justice, Texas Supreme Court 1:30 2:45 pm Panel 1: Understanding the Current Research and Policy Landscape 2:45 3:00 pm Break Dr. Tony Fabelo (Council of State Governments Justice Center) The Breaking Schools Rules report and school discipline practices Deborah Fowler (Texas Appleseed) School ticketing practices The Hon. John Whitmire (Texas State Senator, D-Houston, and Chair, Texas Senate Criminal Justice Committee) Legislative initiatives to address school discipline and ticketing practices Moderator: Prof. Michele Deitch (LBJ School of Public Affairs and Board Member, Barbara Jordan Freedom Foundation) 3:00 4:00 pm Panel 2: Effective Interventions with Misbehaving Students Frank Vega (Austin Travis County Integral Care) Children s mental health and the need for trauma-informed interventions Prof. Brenda Scheuermann (Texas State University) Positive Behavior Intervention and Supports (PBIS) and a spectrum of effective interventions Chad Perry (Region 4 Education Service Center, Behavior Management Services) An educator s perspective on dealing effectively with challenging students Moderator: Dr. Lynda Frost (Hogg Foundation for Mental Health) 4:00 4:45 pm Panel 3: Shifting the Culture Surrounding School Discipline: Implementing Reforms at the District Level Roundtable Discussion with Travis County Officials: Senior District Judge Jeanne Meurer (Travis County juvenile judge) Rosemary Lehmberg (Travis County District Attorney) Mel Waxler (Austin Independent School District, General Counsel) Moderator: Deborah Fowler (Texas Appleseed) 4:45 5:00 pm Closing Remarks Prof. Michele Deitch (LBJ School of Public Affairs)

3 Speaker Bios Michele Deitch Michele Deitch is a Senior Lecturer at the Lyndon B. Johnson School of Public Affairs at the University of Texas, where she teaches graduate level courses in criminal justice policy, juvenile justice policy, and the school to prison pipeline. She served on Texas s blue-ribbon task force that recommended recent reforms to the state s juvenile justice system, and has been a court-appointed monitor of conditions in the Texas prison system. Her recent research on juveniles in the adult criminal justice system has received national media attention. She has been a Soros Senior Justice Fellow, and in 2010, she was named Outstanding Juvenile Justice Advocate of the Year by the Texas Criminal Justice Coalition. Professor Deitch has previously served as General Counsel to the Texas Senate Criminal Justice Committee and as Policy Director of the Texas Punishment Standards Commission (the state s sentencing commission). She holds a J.D. from Harvard Law School, an M.Sc. in psychology from Oxford University, and a B.A. from Amherst College. Professor Deitch is also a member of the Board of the Barbara Jordan Freedom Foundation, and chairs the Foundation s Program Committee. Tony Fabelo Dr. Tony Fabelo is the Austin-based director of research of the Justice Center of the Council of State Governments. Fabelo was the executive director of the Texas Criminal Justice Policy Council from Before that, he served in other capacities assisting, since 1984, five Texas governors and 14 regular biennial Texas legislatures. In recent years he has worked on correctional system reforms in Texas, Kansas, Pennsylvania, Michigan, Wisconsin, North Carolina, Ohio, and Indiana as part of the Justice Reinvestment initiative of the center, and leads the probation performance and the school discipline and juvenile justice projects for the center. He was a co-author of the Justice Center s 2011 Breaking Schools Rules report. In November 2010, he was appointed by US Attorney General Eric H. Holder, Jr. to serve as one of the members of the US Department of Justice Science Advisory Board that will provide guidance to the department s Office of Justice Programs in the development of long-range plans and scientific initiatives. Fabelo holds a doctorate in government from the University of Texas at Austin. Judge Wil Flowers Wilford Flowers received his BBA from Lamar University and his law degree from the University of Texas School of Law. Judge Flowers has been an Assistant District Attorney for Travis County, an Assistant Attorney General for the State of Texas, and First Assistant County Attorney for Travis County. He was in the private practice of law in Austin, Texas until October 1, 1987, the date of his appointment as Judge, Travis County Court at Law #6. As the result of the 1990 elections, Judge Flowers began his first term as Judge of the 147th District Court, Travis County, Texas on January 1, 1991 where he served until December 31, He now sits by assignment in Texas as a Senior District Judge. In 2009 he received the Outstanding Jurist Award from the Texas Bar Foundation and the Distinguished Lawyer Award from the Austin Bar Association in Judge Flowers chairs the Barbara Jordan Freedom Foundation Board of Trustees. Deborah Fowler Deborah Fowler oversees Texas Appleseed s legal team, coordinating legal efforts on juvenile justice, foster care reform, the School-to-Prison Pipeline, and disaster relief. She is the primary author of Texas Appleseed s three School-to-Prison Pipeline reports, including a report on ticketing, arrest, and use of force in schools. She also worked with the Council of State Governments as a consultant on the groundbreaking report, Breaking Schools Rules. She has extensive experience working with the judiciary, both as a judicial clerk and supervising attorney, and developed an interest in public interest law through pro bono work. Deborah holds a B.A. from Tulane University and a J.D. from Lewis & Clark.

4 Lynda Frost Lynda Frost, J.D., Ph.D. serves as the Director of Planning and Programs for the Hogg Foundation for Mental Health, where she guides program staff in formulating, implementing, and evaluating Hogg Foundation initiatives. She coordinates the annual strategic planning process and oversees the implementation of the foundation s operational plan. In addition, she is an Associate Clinical Professor of Educational Policy and Planning at The University of Texas at Austin and co-teaches an interdisciplinary course on the school-to-prison pipeline with Professor Michele Deitch. Dr. Frost came to the Hogg Foundation from San Antonio, where she had her own law practice focusing on mediation, family law, and representation of special education students. As a law professor, she taught criminal law and related courses at the University of Richmond, the University of Virginia, and the American University in Cairo. She has published numerous articles and was the co-editor of The Evolution of Mental Health Law with Richard Bonnie. Dean Robert Hutchings Robert Hutchings is dean of the Lyndon B. Johnson School of Public Affairs at The University of Texas at Austin. Before joining the LBJ School in March 2010, Hutchings was Diplomat in Residence in the Woodrow Wilson School of Public and International Affairs at Princeton University. He was also faculty chair of the Master in Public Policy program and served for five years as assistant dean of the school. During a public service leave from Princeton University in , he was Chairman of the U.S. National Intelligence Council in Washington. His combined academic and diplomatic career has included service as Fellow and Director of International Studies at the Woodrow Wilson International Center for Scholars, Director for European Affairs with the National Security Council, and Special Adviser to the Secretary of State, with the rank of ambassador. Chief Justice Wallace Jefferson Wallace Jefferson was appointed chief justice of the Texas Supreme Court on September 14, 2004, by Gov. Rick Perry. Chief Justice Jefferson served in as president of the Conference of Chief Justices, an association of chief justices from the 50 states and U.S. territories. As president, Chief Justice Jefferson chaired the National Center for State Courts board of directors, a policy and resource organization in Williamsburg, Va. Governor Perry first appointed Jefferson to the Court in March He was elected in November 2002 before becoming chief justice in His appointment as chief justice was confirmed unanimously by the Texas Senate on March 9, He was elected chief justice in 2006 and re-elected to a full term in His term ends December 31, Jefferson joined the Court from private practice in San Antonio. As a partner in the appellate-specialty firm Crofts, Callaway & Jefferson, he successfully argued two cases before the United States Supreme Court. He is a graduate of the James Madison College at Michigan State University and the University of Texas School of Law. Chief Justice Jefferson is a member of the American Law Institute and is certified in civil appellate law by the Texas Board of Legal Specialization. He received the Pillars of the Foundation award by the North Side Independent School District and is the namesake for the Wallace B. Jefferson Middle School in San Antonio. He has served as a director of the San Antonio Public Library Foundation, of the Alamo Area Big Brothers/Big Sisters and on the education committee of the San Antonio Area Foundation.

5 District Attorney Rosemary Lehmberg Rosemary Lehmberg took office in January 2009, the first woman District Attorney in Travis County history. She is a native of Taylor, Texas. She received a BA degree in Natural Sciences from the University of Texas at Austin and her Juris Doctor degree from St. Mary s University School of Law. She maintained a private law practice before joining the staff of the Travis County District Attorney in Rosemary began her career with the District Attorney working with the Grand Jury and then as a trial attorney in the 167th District Court, presided over by Judge Tom Blackwell. She later became chief of that court and then the chief of the trial division. She has served as the chief of the career criminal, major crimes and public integrity divisions. In 1988, Rosemary became director of the Family Justice Division. While director, she was a founder of the Travis County Children s Advocacy Center, now the Center for Child Protection, which opened its new campus in September The Center provides state-of-the-art, collaborative investigations of child abuse cases in a child-friendly environment. During her tenure with the Family Justice Division, the Austin Chronicle named Rosemary the Best Lawyer for Children s Issues. Rosemary served as First Assistant District Attorney from 1997 until 2008, when she was elected District Attorney. Judge Jeanne Meurer Jeanne Meurer served for 20 years as a District Judge in Travis County, Texas, specializing in juvenile and family court cases. She is now a Senior District Judge, and serves as the Court Legal Management Administration Director for the Travis County Juvenile Probation Department. Among her other responsibilities, she serves as a liaison to the Texas Legislature on juvenile justice-related issues. Judge Meurer served as Chair of the Travis County Juvenile Board for 8 years, and has spearheaded Travis County s innovative efforts to reduce detention and incarceration of juveniles. Under her leadership, Travis County was designated a Model Court by the National Council of Juvenile and Family Court Judges. She is the recipient of numerous distinguished service and lifetime achievement awards for her work with juveniles. She is a graduate of the University of Texas School of Law. Chad Perry Chad Perry has worked as a paraprofessional, teacher, administrator, and behavior specialist specifically working with students with emotional and behavioral disorders. Currently, Chad manages the Positive Behavioral Interventions and Supports Project at the Region 4 Education Service Center in Houston, Texas. Region 4, as one of the twenty ESC s in Texas, provides technical assistance and professional development across all educational disciplines. As part of the PBIS project, Chad provides campus and district support to identify positive interventions for students and technical assistance in the area of school-wide PBIS. Brenda Scheuermann Brenda Scheuermann is a professor of special education at Texas State University-San Marcos, where she also coordinates graduate programs in Behavioral Disorders/Positive Behavioral Supports. She has published and presented widely on the applications of positive behavior interventions and supports (PBIS) at the classroom, school-wide, and individual student levels, and topics related to the education of students with emotional/behavioral disorders. She co-chaired the Association for Positive Behavior Support s committee to develop PBIS Standards of Practice Individual Level. She has also been actively involved in national and state initiatives to apply PBIS tools and models in juvenile correctional systems and alternative disciplinary settings. Professor Scheuermann holds a B.S. from Illinois State University, and an M.A. in Special Education and a Ph.D. in Emotional Disturbance/Autism, both from the University of Texas at Austin. Prior to entering academia, she spent several years as a Special Education teacher and a behavioral specialist, working with students with emotional disturbance, autism, and severe disabilities.

6 Frank Vega Frank Vega is a licensed marriage and family therapist who has worked in the behavioral health field for 23 years. Currently he is the Director of the Homeless and Housing Services for Austin Travis County Integral Care. During his tenure with the Department of State Health Services, he was appointed by the Governor as the children s mental health expert for Texas and led the State in its initial redesign of children s mental health services delivered by community mental health centers. Understanding the impact that trauma plays in the lives of children, adolescents and adults is an area of interest for Vega. As clinical director for a child-placing agency in Texas, he led the effort to bring trauma-informed care to the agency by training foster families, agency staff and other professionals on incorporating trauma-informed care in their work. Moving trauma informed care into all aspect of treatment is one of his career goals. Mel Waxler Mel Waxler has more than 30 years of experience leading organizations through times of intense change and growth to success. Currently serving as General Counsel with the Austin Independent School District, Mr. Waxler plays a vital role in the District, from acting as Chief Legal Counsel to the Board of Trustees and the Superintendent, to overseeing the District s Legal Services Department and Office of Intergovernmental Relations and Policy Oversight. Preceding his role as General Counsel, Mr. Waxler served as Leader of the District s Comprehensive Dropout Prevention/Reduction Initiative and Partners in Education Program. Mr. Waxler received his B.A. at the University of Texas at Austin, his Masters Degree in Public Affairs from UT s LBJ School of Public Affairs, and his J.D. from the UT Law School. He also entered the doctoral program in education administration in UT s School of Education in Sen. John Whitmire Senator John Whitmire represents the 15th Senatorial District comprised of north Houston and parts of Harris County. He was elected to the Texas Senate in 1982 after serving 10 years in the Texas House of Representatives. With over 28 years of service in the Texas Senate, Senator Whitmire ranks first in seniority and is the Dean of the Texas Senate. Senator Whitmire serves as Chair of the Senate Criminal Justice Committee and works to bring about needed changes to the adult and juvenile criminal justice systems. He is also a member of the Senate Government Organization Committee, the Senate Administration Committee and the Senate Business and Commerce Committee. In addition, he serves as a member of the Senate Finance Committee where he is committed to finding appropriate solutions for funding the state s many agencies and programs, and the Texas Sunset Commission. He earned a Bachelor of Arts degree from the University of Houston and attended the Bates College of Law.

7 School Discipline by the Numbers in Texas 59% of all Texas public school students are suspended or expelled at least once between 7th and 12th grades. 1 Only 3% of disciplinary actions are mandatory under state law; the rest are at the discretion of school officials. 2 83% of African-American male students have at least one discretionary violation (isolating the effects of race, African-American students have a 31% higher likelihood of discretionary discipline than otherwise identical white and Hispanic students). 3 Students who are suspended and/or expelled are more likely to be held back a grade or to drop out. 4 Suspended or expelled students are more likely to be involved in the juvenile justice system, with 1 in 7 of all public school students having contact with the juvenile justice system. 5 Suspension and expulsion rates among schools vary significantly, even among similar schools. 6 More than 275,000 non-traffic tickets are issued to juveniles in Texas each year. 7 Ticketing of students for Class C misdemeanors in some school districts has more than doubled in recent years, while statewide referrals to the juvenile justice system decreased by 14%. 8 Most Class C misdemeanor tickets written by school police officers are for low-level, nonviolent misbehavior such as Disruption of Class or Transportation, Disorderly Conduct, and leaving campus without permission. 9 African-American, Hispanic, and special education students appear to be over-represented in Class C ticketing on school campuses Council of State Governments Justice Center and Public Policy Research Institute, Breaking Schools Rules: A Statewide Study of How School Discipline Relates to Students Success and Juvenile Justice Involvement, July 2011, p. ix. This report is based on a study of the individual records of nearly 1 million students in Texas, representing all 7th grade public school students for three graduating classes over a six-year period. 2. Ibid., p. x. Disciplinary actions are those that result in the removal of the student from the classroom, including: in-school suspension, out-of-school suspension, assignment to a disciplinary alternative education program (DAEP), and placement in a juvenile justice alternative education program (JJAEP). 3. Ibid., p. x. 4. Ibid., p. xi. 5. Ibid., p. xii. 6. Ibid., p. xii. 7. Texas Appleseed, Texas School-to-Prison Pipeline: Ticketing, Arrest, & Use of Force in Schools, December 2010, p Ibid., pp Ibid., p Ibid., p. 6.

8 Barbara Jordan Freedom Foundation An organization dedicated to perpetuating the legacy of Barbara Jordan by inspiring America to achieve the promise of freedom and justice for all people, by promoting the success of children through early childhood opportunities and effective education, and by confronting injustices and inequities in the juvenile and adult criminal justice systems. For more information: