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Zero Tolerance and School Discipline


Two Cities on Opposite Ends of the School Discipline Spectrum, the Juvenile Justice and Delinquency Prevention Act, and Drugging Foster Kids

December 12th, 2014 by Taylor Walker

OAKLAND LEADING THE WAY ON RESTORATIVE JUSTICE

In 2007, an Oakland’s first restorative justice program was piloted at a middle school. That school improved student-teacher relations and reduced suspensions by 87%. Seven years later, nearly 30 schools in Oakland follow the restorative justice model, which fosters healing and conflict resolution between students and their teachers and peers. A forthcoming report shows that from 2011-2014, the Oakland Unified School District saw suspension rates drop by 40%, while academics and graduation rates improved.

Oakland is also dedicated to implementing restorative practices in the juvenile justice system. And families, communities, and police are working together to keep kids out of lock up.

In a guest commentary for the San Jose Mercury, Fania Davis, co-founder of Restorative Justice for Oakland Youth, shares some of Oakland’s powerful restorative justice triumphs, as it sets an example for the rest of California, as well as the nation. Here’s a clip:

Inspired by the successes of New Zealand’s Maori-influenced Family Group Conferencing, Oakland’s Community Works West has launched a restorative diversion pilot that is dramatically reducing recidivism.

The Oakland-based National Council on Crime and Delinquency is helping other jurisdictions initiate similar pilots.

Insight Prison Project is launching an in-custody restorative program. RJOY is pioneering a restorative re-entry model. The North Oakland Restorative Justice Council paints murals, plants trees, and facilitates healing circles after youth homicides.

Residents and police are working together to keep children out of prison. Police, probation officers, youth and others are being trained in restorative justice.

Youth and police are sitting together in healing circles, creating new relationships based on increased trust and recognition of one another’s humanity. Given the epidemic of police killings the nation is now grappling with, our work with law enforcement offers hope.


BUT OVER IN GEORGIA…

In stark contrast to the situation in Oakland, over in Atlanta, 12-year-old Mikia Hutchings faced serious criminal charges for writing on the walls of a bathroom at school after her family was unable to pay $100 in restitution. Through a deal with the state to have the charges dropped, Mikia was placed on probation and had to do 16 hours of community service. Mikia’s white friend who wrote on the walls with her, saw no legal consequences. Her parents were able to pay the restitution, and the girl received a few days suspension. And Mikia’s not the only one.

The NY Times’ Tazina Vega has Mikia’s story, and more on Georgia’s serious racial disparity in school discipline. Here are some clips:

To hear Mikia Hutchings speak, one must lean in close, as her voice barely rises above a whisper. In report cards, her teachers describe her as “very focused,” someone who follows the rules and stays on task. So it was a surprise for her grandmother when Mikia, 12, and a friend got into trouble for writing graffiti on the walls of a gym bathroom at Dutchtown Middle School in Henry County last year.

Even more of a surprise was the penalty after her family disputed the role she was accused of playing in the vandalism and said it could not pay about $100 in restitution. While both students were suspended from school for a few days, Mikia had to face a school disciplinary hearing and, a few weeks later, a visit by a uniformed officer from the local Sheriff’s Department, who served her grandmother with papers accusing Mikia of a trespassing misdemeanor and, potentially, a felony.

As part of an agreement with the state to have the charges dismissed in juvenile court, Mikia admitted to the allegations of criminal trespassing. Mikia, who is African-American, spent her summer on probation, under a 7 p.m. curfew, and had to complete 16 hours of community service in addition to writing an apology letter to a student whose sneakers were defaced in the incident.

Her friend, who is white, was let go after her parents paid restitution.

[SNIP]

Michael J. Tafelski, a lawyer from the Georgia Legal Services Program who represented Mikia in the school disciplinary hearing, and advocates for students say the punishment Mikia faced was an example of racial disparities in school discipline.

In response to the actions taken against Mikia, Mr. Tafelski said his office had filed a complaint with the Justice Department claiming racial discrimination and a violation of the Civil Rights Act. “I’ve never had a white kid call me for representation in Henry County,” Mr. Tafelski said.

“What kid needs to be having a conversation with a lawyer about the right to remain silent?” he said. “White kids don’t have those conversations; black kids do.”

According to Mikia, her only offense was writing the word “Hi” on a bathroom stall door, while her friend scribbled the rest of the graffiti. “I only wrote one word, and I had to do all that,” Mikia said in a recent interview. “It isn’t fair.”


BRINGING BACK THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

A bipartisan Senate bill to reauthorize and update the Juvenile Justice and Delinquency Prevention Act (JJDPA), which was first enacted in 1974 (and hasn’t been successfully reauthorized since 2002), was introduced Thursday.

The JJDPA gives states funding (into the millions) for compliance with these four requirements: do not detain kids for status offenses, work to reduce disparate minority contact with the justice system, keep kids out of adult facilities (with a few exceptions), and when kids do have to be kept in adult prisons, keep them “sight and sound” separated from adults.

The bill proposes important changes to the JJDPA. Over the course of three years, an exception to the rules allowing courts to detain kids for status offenses via a “valid court order” would be eliminated. The new bill also would require states to record and report data on issues like the solitary confinement of kids, the detainment of kids for status offenses, and how many offenses occurred at school.

Because the bill reauthorization was introduced by Senate Judiciary Committee members Chuck Grassley (R-IA) and Sheldon Whitehouse (D-RI) toward the end of the Senate’s session, it will have to be reintroduced next year.

The Chronicle of Social Change’s John Kelly has more on the bill. Here’s a clip:

In exchange for compliance with those requirements, states receive no less than $400,000 in federal funds, and more populous states typically receive millions. Forty-nine states at least try to comply with the act; Wyoming is the lone holdout.

The bill introduced today would phase out over three years the “valid court order,” an exception that permits courts to jail children for status offenses, which include truancy and running away.

While judges are not permitted under JJPDA to detain a youth directly for a status offense, a judge can issue a court order to any offender instructing them not to commit a status offense.

If the juvenile then commits one of the listed offenses, it would be permissible under the federal law to detain them. In 2012 alone, the exception was used more than 7,000 times, according to the Coalition for Juvenile Justice.

The bill would also require states to report data on several controversial issues regarding youth in detention or confinement. Among the reporting requirements:

- Use of restraints and isolation in juvenile facilities

- The number of status offenses who are detained, the underlying reason for the detention, and the average length of stay

- The number of pregnant juveniles held in custody

- The number of juveniles whose offenses occurred on school grounds


THINK TANK: WHAT TO DO ABOUT PHARMACEUTICALS’ TARGETING OF DOCTORS TREATING FOSTER KIDS

Last month, part three of Karen de Sá’s powerful series on drugging foster kids exposed pharmaceutical companies’ flagrant targeting of doctors who treat kids in foster care. (If you haven’t, go back and read that story, and parts one and two, here.)

California Healthline put together a think tank that includes advocates, officials, and physicians to answer how California should deal with this issue.

Here’s what Kimberly Kirchmeyer, executive director of the state medical board, had to say (but do go read the other contributions):

The Medical Board of California takes the issue of inappropriate prescribing very seriously. The board is committed to consumer protection, and enforces this commitment through the education and oversight of its physicians. The board is currently working with the California Department of Health Care Services and the California Department of Social Services to identify physicians who may be inappropriately prescribing medications to foster children.

It is very important, for this issue and other cross-cutting issues, that state agencies collaborate and work together to share information that will allow each agency to take the necessary actions against their licensees. In addition, working together on a “united front” to tackle such an issue can provide more comprehensive solutions in order to continue to protect California consumers.

The board encourages any individual, agency, media or court official to notify the board and file a complaint if they believe a physician may be inappropriately prescribing. The board needs to be notified in order to investigate and take appropriate action against a physician’s license who is found to be inappropriately prescribing medications. It is critical for the board to be involved in this issue, as the board is the only state agency that can take the appropriate action against a physician’s license and his/her ability to practice.

The board is thoroughly committed to addressing the inappropriate prescribing issue by taking the appropriate action when necessary and providing and disseminating education to physicians, consumers and other state agencies.

Posted in Foster Care, juvenile justice, Restorative Justice, Zero Tolerance and School Discipline | No Comments »

School Districts Misreporting Restraining Kids, Prop 47 Funding, Obama’s Law Enforcement $$$, and Jim McDonnell

December 3rd, 2014 by Taylor Walker

LA, NY, AND CHICAGO TELL THE DEPT. OF EDUCATION KIDS AREN’T RESTRAINED IN THEIR SCHOOLS…BUT IT DOES HAPPEN

It is required that every school district in the US reports how many times kids were restrained in school to the Department of Education. The requirement came about after a 2009 government report revealed that these restraints—mostly of kids with disabilities—resulted in tons of unnecessary injuries (and even deaths).

ProPublica’s Annie Waldman analyzed the data, and found that two-thirds of school districts said there were no instances of kids being restrained or held in isolation rooms. Big districts like Los Angeles, New York, and Chicago fell into this category.

LA Unified School District said there were no restraints, but does tally “behavior emergency interventions,” which can involve pinning down a child.

Here’s a clip from Waldman’s story:

The Department of Education declined to say whether they have penalized any districts for failing to report.

But underreporting appears to be rampant. Our analysis found that more than two-thirds of all school systems reported zero instances of restraining a student or isolating them in so-called “seclusion” rooms.

Many districts are not taking the reporting process seriously, said Claudia Center, a senior attorney for the American Civil Liberties Union.

“I think there needs to be a real cultural shift on restraints,” Center said. “It has been a really common practice in schools for decades. If [schools] had to write down how many times they actually do it, they would have to change what they’re doing.”

A spokesman for the federal Department of Education said if school districts fail to collect data on restraints, the government works with them to construct a plan to improve and could ultimately compel them to report by suspending federal aid until they do.

Huffman, the spokeswoman from Chicago’s public school system, said federal officials haven’t contacted school officials there about their missing data.

Los Angeles Unified School District spokeswoman Gayle Pollard-Terry, said that although the district reported zero instances of restraints, it keeps its own tally of incidents involving disabled children. Advocates say such actions, which are called “behavioral emergency inventions,” often come in the form of restraints. The Los Angeles Unified School District reported 103 interventions during the 2012 school year.


FUNDING THE CITY ATTORNEY’S OFFICE FOR INCOMING PROP 47 MISDEMEANOR CASES

Because Prop 47 downgraded a number of low-level felonies to misdemeanors, the City Attorney’s Office anticipates an influx of 13,500 new misdemeanor cases per year. (Before Prop 47, these cases would have been handled by the District Attorney’s Office.)

City Attorney Mike Feuer asked the city for $510,482 to hire more attorneys and staff to deal with the workload, as well as about $875,000 more per year, moving forward.

An LA Times editorial makes a really compelling argument in favor of City Council and Mayor Eric Garcetti approving that money request. Here’s a clip (but definitely read the whole thing, as it clarifies a number of things about Prop 47):

Many observers brush off misdemeanor convictions as unimportant because shorter sentences are too often not served at all due to jail crowding. But that’s part of what Proposition 47 is meant to fix. Thousands of inmates who formerly would have served multiyear terms in state prison are now serving that time in county jail cells because of the 2011 realignment law. Some of those will now see their sentences shortened, freeing up cells to allow each inmate to serve closer to his or her full sentence, while also relieving crowding in state prisons.

There is a discussion to be had about whether possession of some drugs should even be a misdemeanor, rather than an infraction such as marijuana possession, or even a crime at all — but Proposition 47 was not that discussion.

In the meantime, if misdemeanors — especially property crimes — are to be dealt with effectively, city attorneys in Los Angeles and elsewhere must have the resources to prosecute them. The crimes will continue to be committed and the police will continue to make their arrests. Prosecutors must continue to prosecute if the ballot measure is to work as intended.

Proposition 47 is expected to produce substantial savings, and some critics argued that a portion of that should go to cities to pay for exactly the kind of thing Feuer is seeking. It doesn’t. Lacey’s office will be relieved of part of its caseload, so it is arguable that the district attorney ought to relinquish funding to the city. Don’t hold your breath.

But the city may well realize savings from Proposition 47 too. That’s because misdemeanors require far less post-arrest time from police officers, who won’t have to wait at courthouses for hours, often on overtime, in order to testify at preliminary hearings.

Will that savings prove illusory, or will it be real and enough over the years to cover the city attorney’s new costs? Los Angeles residents and taxpayers deserve to know….


$263M FROM PRES. OBAMA FOR LAW ENFORCEMENT AGENCIES’ BODY CAMERAS, TRAINING, AND MORE

On Monday, President Barack Obama announced a plan to provide $263 million in funding to work toward improving relations between law enforcement agencies and communities. That figure includes $75 million for 50,000 body cameras for officers. Obama will also increase oversight of how local police departments use military equipment they receive through federal programs.

The Washington Times’ Dave Boyer has the story. Here’s a clip:

The president is also asking his administration to draft an executive order creating a new task force that will examine “how to promote effective crime reduction while building public trust,” a White House official said. The panel will be led by Philadelphia Police Commissioner Charles Ramsey and former Assistant Attorney General Laurie Robinson.

The $263 million for cameras and training would be used by the federal government to match up to 50 percent spending by state and local police departments on body-worn cameras and storage for the equipment. The White House estimates that aspect of the program, which would cost $75 million, would help fund the purchase of 50,000 body-worn cameras.

The remainder of the money would be used to underwrite police training and outreach programs targeted at building better trust between law enforcement and their communities.

Helping pay for body-worn cameras is a step in the right direction, but the real test will be whether local law enforcement agencies are willing to use the devices.

The National Journal’s Dustin Volz has more on the issue. Here’s a clip:

…It’s not just about money. A number of local police departments remain hesitant—if not downright skeptical—about body cameras, despite growing public demand and research that suggests positive benefits.

“At this juncture, it doesn’t change anything,” said Mike Puetz, a spokesman for the St. Petersburg Police Department in Florida, when asked about Obama’s funding pledge. “From our perspective, and I think for most agencies, we’re looking at the technology and looking at how it works in the real world regardless of who pays the bill.”


THE REFORM CHALLENGES FACING JIM MCDONNELL AS HE TAKES THE HELM OF THE LASD

LA Weekly’s Dennis Romero has an interesting story about the uphill battle newly sworn-in LA Sheriff Jim McDonnell faces to bring about real reform in the scandal-plagued department. Here’s a clip:

-Reforming the jails. The sheriff’s department runs the largest jail system in the country. One of the biggest problems with the system has been the department’s program of putting first-day rookies on lockup duty for two years before allowing them to hit the streets.

It can seed hatred and violence in budding cops.

McDonnell has said that’s one of the things he’ll change. But it will take some time. He’ll have to recruit people who actually want to work in jails, a different breed of officer.

Nonetheless, Bobb says, “The department on the custody side cannot wait much longer to have the reform.”

There are also widespread calls to reduce or even eliminate the time the some mentally ill inmates spend behind bars. They’re better treated in medical settings, the argument goes, and keeping them out of lockup could save taxpayers a lot of cash.

-Cracking down on beatdowns. Both inside and outside the jail system, the department’s way of dealing with cops accused of excessive force leaves much to be desired.

Eliasburg of the ACLU says that when it comes to “formal reviews of use of force, there’s a lot of work to be done.”

“Deputies should be made to know that if force is used it will be carefully reviewed and there will be consequences,” he said.

Posted in City Attorney, finance, Jim McDonnell, LASD, law enforcement, Obama, Zero Tolerance and School Discipline | 4 Comments »

André Birotte Gets Robed Up….Brown Foes Say Realignment Causes Crime But Stats Say Otherwise….When Mental Disabilities Lead to Harsh School Discipline….& PPOA McDonnell Interview, Part 2….

October 28th, 2014 by Celeste Fremon



ANDRÉ BIROTTE SWORN IN AS FEDERAL JUDGE

By 4 p.m. on Friday night, courtroom 650 at the Edward R. Roybal Federal Building —plus two overflow rooms—were absolutely jammed with judges, lawyers, higher echelon law enforcement types, local lawmakers and others, including U.S. Attorney General Eric Holder, all of whom had come to witness the formal investiture of André Birotte Jr as a United States District Judge.

Birotte, if you remember, was nominated to the federal bench by President Barack Obama on April 3, 2014, and confirmed unanimously by the Senate on July 22, 2014 (an impressive feat in itself, considering the current fractious state of that august body).

The son of Haitian immigrants, Birotte graduated from Tufts University in 1987 with a B.A. in psychology, then came to Southern California to attend Pepperdine University School of Law. He began his legal career in Los Angeles as a deputy public defender. In 1995, he moved to the prosecutorial side of things as an assistant U.S. Attorney.

In May 2003, the Los Angeles Police Commission unanimously selected Birotte to serve as the LAPD’s Inspector General at a time when the department was reeling disastrously from the aftermath of the Rampart scandal and struggling to redefine and reform itself. Birotte is generally acknowledged as a significant part of that reform.

In 2009, while he was still serving as LAPD IG, Birotte was nominated for the job of U.S. Attorney by President Barack Obama, after Senator Diane Feinstein strongly recommended him. Five years later, Feinstein again recommended him for the judgeship.

“In 15 years of [vetting] people for the senator,” said Trevor Daley, Feinstein’s state director who was tasked to check up on Birotte. “I’ve never gotten the kind of positive feedback on anyone as I did on André.”

Other speakers at the investiture were similarly effusive.

Birotte was a “champion on the individual as well as serving the underserved,” said former police commission chairman Rick Caruso. “Yet he never sought the spotlight.

Eric Holder praised Birotte for cracking down on public corruption and drug trafficking while also understanding that “we will never be able to prosecute and incarcerate our way to becoming a safer nation.” Holder also pointed to CASA, the sentencing diversion program that Birotte championed, “which serves as a model for smart on crime initiatives throughout the nation.”

Now Birotte would be “strengthening and making more fair the justice system to which he has given so much of his life,” said Holder.

When it came time for the newly-minted judge himself to speak, Birotte quoted a poetry fragment by poet Antonio Machado, that he said had influenced him.

…Wanderer, there is no road,
the road is made by walking.

Indeed, Birotte doesn’t appear to have set his sites on the positions he has attained as part of some grandly ambitious lifeplan. Instead, according to his own account, and the accounts of those who lauded him on Friday, he has arrived at the present moment by “walking,” as the poet suggests—a.k.a. by doing the work that appeared before him, while guided by a strong sense of justice and compassion.

In fact, if it had not been for his wife’s encouragement, Birotte told investiture crowd, “I’m not sure that I would have put myself out for these positions.”

Birotte thanked a long list of people (including his faithful group of morning workout partners at his gym). He confided to the crowd that among the most important talismans he brought with him into his new courtroom were “my father’s medical bag and one of the many purses that my mom would keep by her side.”

At the mention of his mom, who died just a few years ago, Birotte choked up visably. He struggled similarly when he told his wife how much she and their kids meant to him, and also when he thanked Judge Terry Hatter, who had been a longtime hero, and who swore him in. Each time, the “baby judge,” as he called himself, was refreshingly unapologetic for his unruly emotions.

Although the investiture began just after 4 p.m., more than three hours later guests still lingered at the post-ceremony reception in the Roybal building’s lobby, as if wishing to bask a bit longer in the evening’s prevailing sentiment—namely that this particular judgeship, thankfully, had landed in very good hands.


AS ELECTIONS HEAT UP BROWN OPPONENTS SAY REALIGNMENT MADE CALIF. COMMUNITIES LESS SAFE, BUT ACTUAL NUMBERS SAY OTHERWISE

As we noted yesterday, although realignment was not originally a big issue in this year’s gubernatorial campaign, now Jerry Brown’s opponents are bringing up the topic with increasing frequency. Yet, while critics’ contend that realignment has harmed public safety, the state’s still falling crime figures don’t agree. Still, when it comes to pointing to lasting victories for the governor’s signature policy, even Brown and other advocates admit that realignment is a complicated work in progress.

Don Thompson of the Associated Press has more on the story (via the Sacramento Bee). Here are some clips:

As Gov. Jerry Brown seeks re-election next month, Republicans say decisions he made to reduce prison overcrowding are endangering the public by putting more criminals on the streets.

About 13,000 inmates a month are being released early from crowded county jails while they await trial or before they complete their full sentences. More than 5,000 state prisoners had earlier releases this year because of federal court orders, legislation signed by the governor and a recently approved state ballot initiative.

Yet those statistics don’t tell the full story.

Crime rates statewide actually dropped last year and did so across all categories of violent and property offenses, from murder and rape to auto theft and larceny, according to the most recent figures from the state Department of Justice.

[BIG SNIP]

Even as crime rates have dropped, realignment is presenting challenges for counties throughout the state. The total county jail population in California has increased by nearly 11,000 inmates since realignment took effect in October 2011.

Probation departments now handle offenders whose most recent convictions are for lower-level crimes but who may have serious or violent criminal histories.

County officials also say they are ill-equipped to deal with other offenders who used to go state prisons, including those with mental illness and those serving multi-year sentences.

“The population most likely to be the most problematic is the population being funneled to the counties,” said Margarita Perez, who was acting chief of the state’s parole division before realignment took effect in October 2011 and now is assistant probation chief in Los Angeles County.

Despite the tougher population, probation officers said they are becoming better at handling those inmates.

“There’s more of a culture of tolerance, more of a culture of using any resources at your disposal to try to get this individual to turn around instead of a philosophy of lock them up,” Perez said.

Dean Pfoutz is one of those trying to benefit from the new emphasis on rehabilitation.

His roughly two decade-long criminal history includes a three-year prison sentence for assault and another eight years for an assault causing serious injury to a girlfriend. He most recently served 16 months for receiving stolen property.

Despite his violent past, he is being supervised by Sacramento County probation officers instead of state parole agents because his most recent crime, possession of stolen property, is considered a lower-level offense.

Pfoutz said he is benefiting from the county’s approach.

“It’s more hands-on here than parole. With parole, it’s like, ‘Just don’t get arrested,’” he said before attending a self-help class at the probation center he visits five days a week. “They’re pulling for us to do all right.”


SPECIAL ED LEADS TO THE JUVENILE JUSTICE SYSTEM FOR TOO MANY AMERICAN STUDENTS

Although much of the concern about the disproportionate use of over-harsh school discipline has been focused on students of color, experts are increasingly aware that kids with mental disabilities are also disproportionately pushed into the so-called school-to-prison pipeline.

Jackie Mader and Sarah Butrymowicz of the Juvenile Justice Education Exchange have the story. Here’s a clip:

Cody Beck was 12-years -old when he was handcuffed in front of several classmates and put in the back of a police car outside of Grenada Middle School. Cody had lost his temper in an argument with another student, and hit several teachers when they tried to intervene. He was taken to the local youth court, and then sent to a mental health facility two hours away from his home. Twelve days later, the sixth-grader was released from the facility and charged with three counts of assault.

Officials at his school determined the incident was a result of Cody’s disability. As a child, Cody was diagnosed with bipolar disorder. He had been given an Individual Education Program, or IEP, a legal document that details the resources, accommodations, and classes that a special education student should receive to help manage his or her disability. But despite there being a medical reason for his behavior, Cody was not allowed to return to school. He was called to youth court three times in the four months after the incident happened, and was out of school for nearly half that time as he waited to start at a special private school.

Cody is one of thousands of children caught up in the juvenile justice system each year. At least one in three of those arrested has a disability, ranging from emotional disability like bipolar disorder to learning disabilities like dyslexia, and some researchers estimate the figure may be as high as 70 percent. Across the country, students with emotional disabilities are three times more likely to be arrested before leaving high school than the general population.

…..The vast majority of adults in American prisons have a disability, according to a 1997 Bureau of Justice Statistics survey. Data hasn’t been updated since, but experts attribute the high percentage of individuals with disabilities in the nation’s bloated prison population – which has grown 700 percent since 1970 – in part to deep problems in the education of children with special needs.

In Mississippi and across the country, the path to prison often starts very early for kids who struggle to manage behavioral or emotional disabilities in low-performing schools that lack mental health care, highly qualified special education teachers, and appropriately trained staff. Federal law requires schools to provide an education for kids with disabilities in an environment as close to a regular classroom as possible. But often, special needs students receive an inferior education, fall behind, and end up with few options for college or career. For youth with disabilities who end up in jail, education can be minimal, and at times, non-existent, even though federal law requires that they receive an education until age 21.



PAY TO PLAY CAMPAIGN CONTRIBUTIONS—THAT’S CLEARLY CORRUPTION, SAYS JIM MCDONNELL IN NEW PPOA INTERVIEW

In Part 2 of the 3-part interview series that PPOA Prez Brian Moriguchi has conducted with Los Angeles County Sheriff candidate Jim McDonnell, the candidate talks about personnel issues, like promotion strategies, and other matters that have been subject to corruption at the LASD in the past—plus how he plans to “put the shine back” on the badge “that means the world” to so many officers.


ALSO, SEE REPORT ON WEEKEND FORUM WITH MCDONNELL BY FRANK STOLTZE

KPPC’S Frank Stoltze reports that Jim McDonnell, the frontrunner for Los Angeles County Sheriff, “…is not yet prepared to support subpoena power for a proposed citizen’s oversight panel, although authority watchdogs say is important to reforming the troubled department.”

Read the rest of Stoltze’s report here.

Posted in Board of Supervisors, Courts, Education, elections, Jim McDonnell, LA County Jail, LASD, Paul Tanaka, Realignment, School to Prison Pipeline, Sheriff Lee Baca, U.S. Attorney, Youth at Risk, Zero Tolerance and School Discipline | 2 Comments »

Attorney Fights for Justice and Mercy…When Arrests by Police Replace School Discipline….Analyzing Crime Reporting in America

October 21st, 2014 by Celeste Fremon


In the often disheartening world of criminal justice reform, Bryan Stevenson is deservedly a superstar.

Stevenson is a defense attorney who graduated from Harvard Law School, and founded the Equal Justice Initiative, a non-profit legal practice dedicated to defending the poor, the wrongly condemned, children who have been tried as adults, and others who have been most abandoned by the nation’s legal system. One of his first cases was that of Walter McMillian, a young man who was on death row for a notorious murder he insisted he didn’t commit.

Stevenson is also a law professor at NYU, the winner of a McArthur genius grant, and has argued six cases before the Supreme Court—two of which are of exceptional significance: He’s the guy who made possible the May 2010 Supreme Court ruling stating that it is unconstitutional to sentence kids to life without parole if they have not committed murder. Then Stevenson came back again two years later and, in June 2012, won the ruling that prohibits mandatory life for juveniles.

Now he’s written a book about his experiences with the justice system called Just Mercy: A Story of Justice and Redemption. It is being released on Tuesday, October 21, and is already generating a lot of enthusiasm.

Stevenson was on the Daily Show at the end of last week talking about the book and about justice in general. (See video above and extended interview here).

Then on Monday of this week, he was interviewed by Terry Gross on NPR’s Fresh Air.

Here are some clips from Fresh Air’s write-up about the show:

In one of his most famous cases, Stevenson helped exonerate a man on death row. Walter McMillian was convicted of killing 18-year-old Ronda Morrison, who was found under a clothing rack at a dry cleaner in Monroeville, Ala., in 1986. Three witnesses testified against McMillian, while six witnesses, who were black, testified that he was at a church fish fry at the time of the crime. McMillian was found guilty and held on death row for six years.

Stevenson decided to take on the case to defend McMillian, but a judge tried to talk him out of it.

“I think everyone knew that the evidence against Mr. McMillian was pretty contrived,” Stevenson says. “The police couldn’t solve the crime and there was so much pressure on the police and the prosecutor on the system of justice to make an arrest that they just felt like they had to get somebody convicted. …

“It was a pretty clear situation where everyone just wanted to forget about this man, let him get executed so everybody could move on. [There was] a lot of passion, a lot of anger in the community about [Morrison's] death, and I think there was great resistance to someone coming in and fighting for the condemned person who had been accused and convicted.”

But with Stevenson’s representation, McMillian was exonerated in 1993. McMillian was eventually freed, but not without scars of being on death row. He died last year.

“This is one of the few cases I’ve worked on where I got bomb threats and death threats because we were fighting to free this man who was so clearly innocent,” Stevenson says. “It reveals this disconnect that I’m so concerned about when I think about our criminal justice system.”

Yet the interview—which you can listen to here—is about much, much more.

So is Stevenson’s book, Just Mercy, as is made clear by this review by Ted Conover who wrote about the book for the New York Times Sunday Book Review.

(Conover is the author of the highly regarded “Newjack: Guarding Sing-Sing,” and other nonfiction books)

Here are some brief clips from Conover’s review:

Unfairness in the Justice system is a major theme of our age. DNA analysis exposes false convictions, it seems, on a weekly basis. The predominance of racial minorities in jails and prisons suggests systemic bias. Sentencing guidelines born of the war on drugs look increasingly draconian. Studies cast doubt on the accuracy of eyewitness testimony. Even the states that still kill people appear to have forgotten how; lately executions have been botched to horrific effect.

This news reaches citizens in articles and television spots about mistreated individuals. But “Just Mercy,” a memoir, aggregates and personalizes the struggle against injustice in the story of one activist lawyer.

[SNIP]

The message of this book, hammered home by dramatic examples of one man’s refusal to sit quietly and countenance horror, is that evil can be overcome, a difference can be made. “Just Mercy” will make you upset and it will make you hopeful. The day I finished it, I happened to read in a newspaper that one in 10 people exonerated of crimes in recent years had pleaded guilty at trial. The justice system had them over a log, and copping a plea had been their only hope. Bryan Stevenson has been angry about this for years, and we are all the better for it.

NPR has an excerpt from Stevenson’s Just Mercy here.


WHAT HAPPENS WHEN ARRESTS OF TEENAGERS REPLACE SCHOOL DISCIPLINE

According to the U.S. Education Department’s Office of Civil Rights, 260,000 students were turned over to law enforcement by schools in 2012 (the year with most-recent available data). According to the same report, 92,000 students were subject to school-related arrests that year.

Now that the most punitive policies of the last few decades are slowly being reconsidered, it is hoped that those arrest numbers will start coming down and that school police will be used for campus safety, not as a universal response to student misbehavior.

On Monday, the Wall Street Journal ran an extensively reported and excellent story by Gary Fields and John R. Emshwiller on the matter of using law enforcement for school discipline.

Here are some clips:

A generation ago, schoolchildren caught fighting in the corridors, sassing a teacher or skipping class might have ended up in detention. Today, there’s a good chance they will end up in police custody.

Stephen Perry, now 18 years old, was trying to avoid a water balloon fight in 2013 when he was swept up by police at his Wake County, N.C., high school; he revealed he had a small pocketknife and was charged with weapons possession. Rashe France was a 12-year-old seventh-grader when he was arrested in Southaven, Miss., charged with disturbing the peace on school property after a minor hallway altercation.

In Texas, a student got a misdemeanor ticket for wearing too much perfume. In Wisconsin, a teen was charged with theft after sharing the chicken nuggets from a classmate’s meal—the classmate was on lunch assistance and sharing it meant the teen had violated the law, authorities said. In Florida, a student conducted a science experiment before the authorization of her teacher; when it went awry she received a felony weapons charge.

Over the past 20 years, prompted by changing police tactics and a zero-tolerance attitude toward small crimes, authorities have made more than a quarter of a billion arrests, the Federal Bureau of Investigation estimates. Nearly one out of every three American adults are on file in the FBI’s master criminal database.

This arrest wave, in many ways, starts at school. Concern by parents and school officials over drug use and a spate of shootings prompted a rapid buildup of police officers on campus and led to school administrators referring minor infractions to local authorities. That has turned traditional school discipline, memorialized in Hollywood coming-of-age movies such as “The Breakfast Club,” into something that looks more like the adult criminal-justice system.

At school, talking back or disrupting class can be called disorderly conduct, and a fight can lead to assault and battery charges, said Judith Browne Dianis, executive director of the Advancement Project, a national civil-rights group examining discipline procedures around the country. Some of these encounters with police lead to criminal records—different laws for juveniles apply across states and municipalities, and some jurisdictions treat children as young as 16 as adults. In some states, for example, a fistfight can mean a suspension while in North Carolina a simple affray, as it is called, can mean adult court for a 16-year-old.

Unfortunately, it doesn’t end there.

Brushes with the criminal justice system go hand in hand with other negative factors. A study last year of Chicago public schools by a University of Texas and a Harvard researcher found the high-school graduation rate for children with arrest records was 26%, compared with 64% for those without. The study estimated about one-quarter of the juveniles arrested in Chicago annually were arrested in school.

Research by the University of South Carolina based on a multiyear U.S. Bureau of Labor Statistics survey, performed at the request of The Wall Street Journal, found those arrested as juveniles and not convicted were likely to earn less money by the time they were 25 than their counterparts. The study didn’t break out school arrests.

Another consequence: Arrest records, even when charges are dropped, often trail youngsters into adulthood. Records, especially for teenagers tried as adults, have become more accessible on the Internet, but are often incomplete or inaccurate. Employers, banks, college admissions officers and landlords, among others, routinely check records online.

Retired California juvenile court judge Leonard Edwards said the widespread assumption arrest records for juveniles are sealed is incorrect. The former judge, now a consultant with the Center for Families, Children and the Courts, an arm of the state court system, said his research indicates only 10% of juveniles nationally know they must request records be closed or removed.

But that process is complicated and varies from state to state. Even terms like expungement and annulment carry different meanings depending on the state. The process usually requires a lawyer to maneuver the rules and to file requests through courts.

“Our good-hearted belief that kids are going to get a fair shake even if they screwed up is an illusion,” Judge Edwards said.


CRIME REPORTING IN AMERICA: WE’VE GOT A LOT OF IT, BUT IS IT….GOOD?

“If it bleeds, it leads,” is the trope that has long guided a large portion of contemporary news gathering. As a consequence, while the news business continues to struggle to maintain comprehensive news coverage with diminished staffing, there is no shortage of crime reporting.

But, while there is quantity, is there quality? The John Jay Center on Media, Crime and Justice decided to find out. To do so, they conducted a content analysis of six U.S. newspapers over a four week period in March 2014. The study—which looked at the Detroit Free Press, the El Paso Times, the Indianapolis Star, the Camden (N.J.) the Courier-Post, the Naperville (Ill.) Sun and the Flint (Mi.) Journal—resulted in a report that was just released.

As it turned out, researchers Debora Wenger and Dr. Rocky Dailey found that quantity did not necessarily equal quality. In fact, the majority of the crime stories Wenger and Dailey analyzed lean strongly toward “just the facts, ma’am,” and offered little or nothing in the way of context or depth. Yet when it came to perceptions about crime in the city or state, the researchers noted that the news sources covered, the papers’ crime stories were very influential in shaping opinions, including those of lawmakers.

The Crime Report has more on what the study found. Here is a clip from their story:

What may be more surprising is how often stories rely on a single source. About 65 percent of the crime and justice stories overall referenced just one source of information.

At the Camden paper, for example, 84 percent of stories had one reported source, as did 55 percent of those published in The Indianapolis Star.

At every publication in the study, law enforcement officers were the most commonly cited sources by a wide margin, with court representatives, including judges and prosecutors, coming in a distant second. Fox agrees this heavy reliance on the official point of view is one of long standing.

News media tends to take the official side, the prosecution side – this doesn’t surprise me – when a case emerges in the news, that’s often the only side available to the reporter,” said James Alan Fox, a criminologist at Northeastern University in Boston.

Eric Dick, breaking news editor at the Star, told researchers the newspaper likes to add more points of view to stories whenever possible; but for every enterprise story, there are undoubtedly many more briefs.

“I think there are three factors involved. One is the amount of crime: information is readily available that rises to the threshold you need to do a story, but you wouldn’t be able to develop all of them,” Dick said.

The authors of the study said more research could further “quantify whether there is more or less crime coverage occurring in today’s daily metropolitan newspapers than in the past.”

Pointing out that, according to a 2011 survey by the Pew Research Journalism Project, 66 percent of U.S. adults say they follow crime news—with only weather, breaking news and politics garnering more interest—they said such research was “a critical tool for editors, journalists and policymakers” at a time when the criminal justice system was the focus of intense national debate.

“It is imperative that the audience gets the most contextualized and well-sourced coverage possible,” Wenger and Dailey wrote.


Posted in Civil Rights, crime and punishment, criminal justice, Education, Future of Journalism, Innocence, race, race and class, School to Prison Pipeline, Zero Tolerance and School Discipline | 3 Comments »

School Discipline, LAPD Chief’s Difficult Decision About Controversial Detective, Prop 47, and Vote!

October 20th, 2014 by Taylor Walker

THIS AMERICAN LIFE TAKES A CLOSER LOOK AT SCHOOL DISCIPLINE PRACTICES

This past weekend, in a show called “Is This Working?” American Public Radio’s This American Life broadcast a story about school discipline—two different methods in particular—and whether or not they work for kids.

The TAL episode begins by exploring racial disparity in school suspensions and expulsions for infractions like “disrespect” and “willful defiance,” and the school-to-prison pipeline.

Reporter Chana Joffe-Walt talks with writer Tunette Powell and her sons JJ (5) and Joah (4), who have received eight suspensions between them (and whose story we shared here).

And in the second half of the program, host Ira Glass and Joffe-Walt tell of two completely different endeavors to change the way schools discipline kids.

The first is a system of charter schools tailored to poor and minority kids. The charter schools first started popping up around 20 years ago, and boasted strict, methodical discipline coupled with long school days, and a slogan telling kids to “sweat the small stuff.”

The first generation of kids to enter these schools are now adults, and one of these students, Rousseau Mieze, shares his experiences, good and bad, with TAL. For instance, he was suspended on his second day for celebrating a perfect score on a math test, and was frequently disciplined thereafter for talking out of turn. Half of the first class dropped out before the end of the school year, but Rousseau went on to graduate college and is now a teacher at charter school that applies similar discipline methods.

Conversely, another discipline movement has been slowly sweeping through schools across the nation: restorative justice, a model based on healing and conflict resolution between students and their teachers and peers.

The full episode is quite good and worth listening to, even if you are familiar with school discipline issues.


LAPD CHIEF CHARLIE BECK FACES TRICKY DECISION ABOUT DETECTIVE’S FATE

While speaking at an LAPD training class, Detective Frank Lynga went on a vulgar tirade that included, among other things, calling black civil rights attorney Carl Douglas a “little Ewok,” saying a female captain was “swapped around,” and calling a certain lieutenant a “moron.”

Now Chief Charlie Beck must choose whether to merely punish Lynga, or fire him, as a department board of rights panel has recommended. And it’s a complicated decision because whichever way Beck moves, there will be constituencies who are upset. It is further complicated by the fact that Chief Beck did not fire officer Shaun Hillman who allegedly pulled a gun on a man and used a racial slur during a bar fight (which critics presume was because of his high profile uncle, a former LAPD deputy chief).

The LA Times’ Kate Mather and Richard Winton have this complex story. Here’s a clip:

Frank Lyga claimed that he drove his Jeep in the carpool lane at 100 mph, called a prominent black civil rights attorney an “ewok,” quipped that a female LAPD captain had been “swapped around a bunch of times” and described a lieutenant as a “moron.”

Then he recalled his fatal 1997 shooting of a fellow officer, an incident that sparked racial tensions within the department because Lyga is white and the slain officer was black.

“I could have killed a whole truckload of them, and I would have been happy doing it,” Lyga recounted telling an attorney representing the officer’s family.

Nearly a year after Lyga gave his controversial training lecture, LAPD Chief Charlie Beck must choose whether to follow a disciplinary panel’s recommendation issued this week to fire the detective or reduce his punishment and let him keep his job.

The decision presents the chief with one of his biggest tests since his August reappointment to a second five-year term and is likely to reignite criticism of how he handles officers’ discipline. Beck has clashed with his civilian bosses and rank-and-file officers on the issue, with some accusing him of being inconsistent.

On Friday, black civil rights advocates called on Beck to fire Lyga, saying that the narcotics detective’s comments were racist and sexist and should not be tolerated. Meanwhile, Lyga’s supporters say that he is genuinely remorseful, and note that Beck recently rejected another disciplinary panel’s recommendations to fire a well-connected officer who was caught uttering a racial slur.

“This is a police chief’s nightmare,” said Merrick Bobb, a policing oversight expert.


FURTHER PROP 47 READING: ENDORSEMENTS AND CRITICISMS FROM NEWSPAPERS AND JUSTICE SYSTEM LEADERS

A former Santa Barbara County Superior Court judge, George Eskin, urges voters to pass prop 47. In an op-ed for the Santa Barbara Independent, Eskin, who is also a former assistant DA in SB and Ventura, says that “wobblers”—charges that could be designated as either misdemeanors or felonies—are often filed as felonies by DAs and are later reduced to misdemeanors, creating a needlessly expensive legal process. Here’s a clip from his case for Prop 47:

I was a prosecutor and a defense attorney for 35 years before serving a decade as a judge on the Santa Barbara County Superior Court. In these experiences, I have seen how far we have strayed from sound criminal sentencing policies.

This is especially true of low-level offenses, many of which can be prosecuted as either a felony or a misdemeanor. District attorneys decide which classification to file, and a judge has no authority to influence their decision. DAs routinely file these cases as felonies, even though they are likely to conclude with a misdemeanor disposition.

The end result of this costly process, a misdemeanor conviction, does not justify the financial expense and the valuable resources invested by police, prosecutors, and the courts, and the ability to investigate, prosecute, and adjudicate serious and violent crimes is compromised.

And even if a felony conviction stands for these nonviolent offenses, the “felon” label will serve as an impediment to future employment and education opportunities, not to mention the obvious loss of employment and interruption of education and family life while someone is on trial or incarcerated.

UT San Diego, however, is urging voters not to pass 47, saying that while the state’s prison population and recidivism rates do need to be reduced, and our “tough-on-crime” policies did not work, Prop 47 will not solve these problems. Here’s a clip:

Stealing any handgun worth less than $950, now a felony, would automatically be a misdemeanor — and nearly all stolen handguns are worth less than $950; the language is so loose it would even make possession of date-rape drugs a misdemeanor; and the provisions for shoplifting and bad checks could cost retailers and consumers millions.

Finally, the prison money that would be saved and diverted to treatment programs, schools and crime victims — Lansdowne estimated it at $100 million to $200 million — is peanuts for a state the size of California. Which means thousands of criminals would be back on the streets where they would still not get treatment for their mental health disorders or their addictions.

Another former Superior Court judge, Harlan Grossman, who is also a former prosecutor and an FBI agent, in an op-ed for the Contra Costa Times, calls the measure “long overdue” and says it will help the state meet prison population reduction goals as well as save much-needed court resources to use on more serious criminal cases. Here are some clips:

Realignment significantly reduced overcrowding in our state prisons, but the number of inmates has been creeping back up over the past two years.

Without some additional sentencing changes, we will fall short of the goal of prioritizing jail and prison space while also making our justice system more equitable and fair. Fortunately, Proposition 47 could move us forward toward that goal.

[SNIP]

Another benefit of making these offenses misdemeanors is that it should lead to a quicker resolution of these cases, freeing up scarce resources to address the more serious offenses that threaten the safety of our communities.

KPCC has a short and sweet Prop 47 FAQ list with bullet points on what the measure would do, if passed, and why it’s different from current laws.


REGISTER! VOTE!

By the way, today, October 20, is the cut-off to register to vote in the November 4 election. Go register! Quick! You can fill out the online application here.

Posted in LAPD, race and class, Restorative Justice, School to Prison Pipeline, Sentencing, Zero Tolerance and School Discipline | 6 Comments »

State Urged to Intervene at Two More LA High Schools, Kern County School Discipline Lawsuit, Prop 47′s LA Savings, and PPOA Interviews McDonnell

October 17th, 2014 by Taylor Walker

TWO MORE LA HIGH SCHOOLS NOT GIVING KIDS NEEDED CLASSES, STATE CALLED ON TO STEP IN

On the same day that beleaguered LAUSD Superintendent John Deasy announced his resignation, the ACLU and Public Counsel filed a report at Alameda County Superior Court urged the state to intervene at two more LAUSD schools—Dorsey and Fremont—for failing to educate students.

Last week, Alameda County Superior Court Judge George Hernandez Jr. ordered LAUSD to work with the state to come up with a plan to fix Jefferson High School’s scheduling system that was giving kids filler classes and sending them home early with minimal instruction. (Read that story, here.) On Tuesday, the state board of education approved the school district’s $1.1 million plan to fix the Jefferson crisis.

Jefferson and Fremont high schools are named in a class action lawsuit filed by the ACLU and Public Counsel, Cruz v. California, challenging the state’s failure to provide an adequate education to kids attending nine schools in LA, Compton, Contra Costa, and Oakland.

KPCC’s Annie Gilbertson has more on the new action. Here’s a clip:

Judge George Hernandez Jr. ordered state and local officials to intervene at Jefferson High School on Oct. 8. Less than a week later, Los Angeles Unified officials presented a plan to reschedule students, add more classes and lengthen the school day a half hour so students could catch up on lost time.

The state board on Tuesday approved $1.1 million to pay for the fixes.

The ACLU and Public Counsel found students Dorsey and Fremont high schools are also enrolled in courses they already passed, working as aides or going home early rather than being challenged academically.

In a status report filed in Alameda County Superior Court Thursday, attorneys argued Los Angeles Unified officials haven’t done enough to identify students losing learning time and haven’t clearly stated how they’ll fix the problem.

“Plaintiffs are further investigating the remaining high schools in this litigation and will be taking steps to seek prompt relief for all students at these schools, who like students at Jefferson, have been and continue to be deprived of instruction time due to assignment to course periods with no content or failure to finalize an appropriate master schedule in advance of the school year,” according to the filing.


AND OVER IN KERN COUNTY…A LAWSUIT AGAINST HARSH DISCIPLINE FOR MINORITY KIDS

Last year, we shared Susan Ferriss of Center for Public Integrity’s stories about Latino kids (many English-learners) and black kids in Kern County receiving disproportionate punishment and transfers to remote alternative schools and independent study.

Late last week, a lawsuit against Kern County School District was filed on behalf of a number of the kids in Ferriss’ stories. The suit says the district declined to fix racially disparate practices in accordance with California’s new discipline reforms.

Kern is also accused of misreporting expulsions as transfers, as well as “tricking” and “coercing” parents into waiving kids’ due process rights, allowing the school to immediately transfer disciplined students to alternative schools.

The suit was filed by a number of non-profit and advocate groups including, California Rural Legal Assistance and the Mexican American Legal Defense and Educational Fund [MALDEF].

Here’s a clip from Susan Ferriss’ latest story on the issue:

…the suit accuses the Kern High School District of failing to comply with new state discipline policies and adopt alternative practices designed to diffuse problems without resorting to kicking kids out.

The suit also accuses the district of labeling students that its regular campuses kick out as “involuntary” or “voluntary transfers” instead of expulsions that must be reported to state and federal databases.

The suit notes that the district — under scrutiny after media reports — did cut its expulsions from 2,040 in 2011 to 256 students in 2013. But the groups argue that enrollment has not declined at alternative schools because of continuing transfers of students that parents — many of them limited English speakers — agree to authorize without fully understanding other options.

The district, the suit alleges, “has implemented a ‘waiver’ system, under which students and parents are convinced through intimidation, coerced or tricked into waiving the due process protections accompanying formal discipline and accepting immediate placement in alternative schools.”

The suit also argues that stark ethnic disparities persist among kids officially expelled from Kern’s high schools.

During the 2012-2013 school year, according to the suit, 67 percent of black students who were expelled were kicked out for infractions that did not include physical injury, possession of drugs or weapons. Only 42 percent of white students expelled were removed for similarly less serious infractions.


MORE PROP 47 STATISTICS ON COUNTY SAVINGS, AND MORE

The Center for Juvenile and Criminal Justice has issued a new report on estimated savings and jail population reductions each California county can expect if Prop 47 passes next month. (If you’ve forgotten, Prop 47 would reclassify certain low-level drug and property offenses from felonies to misdemeanors, incurring punishments like probation and treatment, or a max of one year in jail, instead of more lengthy prison sentences.)

The CJCJ brief says Los Angeles would likely save between $100-$175 million, free between 2,500 and 7,500 jail beds, and affect nearly 10,000 offenders.

For further Prop 47 reading, the San Jose Mercury News’ Tracy Kaplan has more on the measure’s proponents, which include three three county district attorneys, Newt Gingrich, and a retired SD Police Chief, as well as opponents, which include other DAs and peace officer associations.


PPOA INTERVIEWS LA SHERIFF CANDIDATE JIM MCDONNELL

A new 33 minute interview by Brian Moriguchi, the president of the Professional Peace Officers Association (PPOA), with Los Angeles Sheriff-hopeful, LBPD Chief Jim McDonnell, addresses questions about issues like civilian oversight, leadership, transparency, and field deputy positions. The interview is the first installment in a three-part interview with McDonnell. Watch the entire first video above.

Posted in ACLU, Jim McDonnell, LASD, LAUSD, Sentencing, Zero Tolerance and School Discipline | 26 Comments »

Gov. Signs Law Eliminating Expulsions for “Willful Defiance” But Vetoes Drone Bill…LASD Restricts Association With Convicted Dept. Members…. No More Prisoner of the War on Drugs…Running the Homeboy 5 K

September 29th, 2014 by Celeste Fremon


GOVERNOR SIGNS FIRST IN NATION LAW TO LIMIT “WILLFUL DEFIANCE” SCHOOL SUSPENSIONS & EXPUSIONS

On Saturday, Governor Jerry Brown signed into law AB 420, a bill that limits suspensions and eliminates all expulsions for the catch-all category of “willful defiance,” which—until now—could have kids tossed out of school for such minor misbehaviors as talking back, failing to have school materials and dress code violations.

According to a statement issued by Public Counsel, the pro bono law firm that is one of the bill’s sponsors, the new law makes California the first state in the nation to put such limits on the use of willful defiance.

Brown’s signing of AB 420 is the culmination of several years worth of work by juvenile advocates, education reformers and others who have led the recent movement away from the zero tolerance discipline policies that were dominant since the 1980′s, and toward positive discipline and accountability approaches that been found to keep children in school. The issue of willful defiance has been a particularly intense focus for reformers in that the elastic designation accounts for 43% of suspensions issued to California students, and is the suspension category with the most significant racial disparities.

“In just a few short years, school discipline reform has become an important education policy priority in California because the stakes are very high,” said Assemblyman Roger Dickinson (D-Sacramento), who authored the bill. “Research has shown that even one suspension can make it five times more likely that a child will drop out of school and significantly increase the odds they will get in trouble and head into our juvenile delinquency system.”

While, AB 420 doesn’t do away with willful defiance altogether, it is considered an important step in that, as a compromise measure, it has gotten agreement from people who were initially reluctant to ax the category completely. like Gov. Brown, and certain state legislators. (The law eliminates all willful defiance suspensions for children in grades K-3 and bans all expulsions for the category for all grades. It is to be reviewed in 3.5 years.)

It should be noted that the Los Angeles Unified School District banned all suspensions for willful defiance spring.

The new law was co-sponsored by Public Counsel, Children Now, Fight Crime Invest in Kids, and the ACLU of California and supported by a statewide coalition of organizations.


BROWN VETOES BILL LIMITING LAW ENFORCEMENT USE OF DRONES SAYING IT WENT TOO FAR

The bill, which would have required law enforcement to obtain warrants before using surveillance drones, got a thumbs down from Governor Brown on Sunday night, one of about a dozen bills that Jerry nixed on Sunday.

The LA Times Phil Willon and Melanie Mason have more details on the story. Here’s a clip:

Brown, in his veto message, said that although there may be some circumstances when a warrant is appropriate, the bill went too far.

The measure appeared to impose restrictions on law enforcement that go beyond federal and state constitutional protections against unreasonable search and seizures and the right to privacy, the governor stated.

The bill, AB 1327, would have required the government to secure a warrant from a judge before using surveillance drones except in cases of environmental emergencies such as oil or chemical spills. Three other states have placed a moratorium on drone use by state and local agencies

Assemblyman Jeff Gorell (R-Camarillo), the bill’s author, had argued that the expanded use of drones, or unmanned aerial vehicles, by law enforcement has pushed the boundaries of the public’s reasonable expectation of privacy, triggering a need for protection.


SHERIFF SCOTT SAYS NO ASSOCIATION WITH CONVICTED LASD MEMBERS WITHOUT WRITTEN PERMISSION

On Friday, Los Angeles County Sheriff Scott sent out two official messages to department members regarding the conviction of seven current and former LASD members, and last week’s sentencing of six of the seven defendants.

(Deputy James Sexton was convicted in a retrial earlier this month, but will not be sentenced until December 1. Sexton’s first trial resulted in a 6-6 hung jury.)

In the first message, Scott wrote of emotional reactions to Tuesday’s sentencing of the six to prison terms ranging from 21 to 41 months, that “have left many Department members stunned,” he wrote. “The six defendants in this case were our co-workers and friends.”

It was clear, Scott wrote, that the convictions and lengthy sentences were, “in part, the result of failed leadership” at various levels of the LASD.

“The question that burns in the hearts of many is whether those who were the most responsible have been held accountable for their actions…”

The second announcement, headlined “FEDERAL CONVICTIONS AND PROHIBITED ASSOCIATIONS POLICE” clarified one of the sad artifacts of the convictions of the seven LASD defendants: All department members are aware that they are not allowed to associate with convicted felons. But this rule suddenly became confusing and in need of sorting out with the conviction of the seven LASD defendants, each of whom have long time friends—and in many cases best friends—among their former colleagues still working for the sheriff’s department.

So the following was sent out on Friday:

With respect to personally associating with the individuals who were convicted, the policy requires:

*A written request for authorization, directed to the unit commander

*Unit Commander response, whether approved or denied, to be documented in writing

*Both documents to be filed in the requesting employee’s personnel file.

The statement further instructed that the policy doesn’t prevent donations of funds to the defendants or their families. But it split hairs by stating that department members may not attended fundraisers for those convicted.

The policy prohibits doing favors for or associating with persons where the association would be detrimental to the image of the Department, such as in cases of persons adjudged guilty of a felony crime.

Therefore, Department members are prohibited from attending fundraising events for the individuals who have been convicted, whether the individuals are present or not.

Unit Commanders are not authorized to make exceptions with respect to this aspect of the situation involving the recent Federal convictions.


NO LONGER A PRISONER OF THE DRUG WAR

A wonderful longread by the LA Times’ Jenny Deam paints a journalistic portrait of Billy Ray Wheelock, who is an example of the kind of inmate that, in the last three decades, has filled the nation’s prisons to overflowing as a consequence of our ill-considered war on drugs. In the case of Wheelock, however, the story has a happy ending—even though that happy ending is very belated.

Here are two clips:

Wheelock had been sent to prison in 1993 at age 29 during an era of no-mercy drug sentencing. At the height of the country’s war on drugs, crack cocaine offenders were locked away by the tens of thousands, often with no key in sight.

Most were men, most were poor, most were black.

Wheelock was all three.

His story embodies what many, including judges and former prosecutors, now see as a judicial system gone wrong. He is the first to admit he was guilty and deserved to do time. He had been arrested three times on crack charges.

But he says he was never violent and never owned a gun. He says he only sold a bit of rock sometimes to make ends meet. “For that I got life? Life?”

Years passed and Wheelock waited, sure someday someone would see that his punishment did not fit his crime.

Here’s when such draconian sentencing began:

In 1986, Congress created a mandatory drug sentencing law and took aim squarely at crack cocaine. Under the law, a person convicted of possessing 5 grams of crack would get the same five-year sentence as someone selling 500 grams of powder cocaine.

Since 1980, there have been an estimated 45 million drug arrests in this country. The number of people in U.S. prisons for all crimes has quadrupled from about 500,000 in 1980 to 2.2 million now, “and that growth was disproportionately driven by the drug war,” said Marc Mauer, executive director of the Sentencing Project, a Washington research and advocacy group.

In the beginning, many in the judicial system were true believers, certain that if a person knew harsh sentencing awaited him he might think twice about selling drugs. But as the millennium turned, judges began to complain that their discretion had been stripped away by mandatory sentencing. Lawmakers also questioned not only the fiscal responsibility of keeping so many locked up for so long but also the humanity of such a stark racial divide, since crack cocaine disproportionately imprisoned minorities.

Calls for reform were bipartisan. In 2010, Congress showed rare unity and passed the Fair Sentencing Act to reduce the disparity between crack and powder cocaine sentences.

Read on to discover more about Wheelock’s story.


HOMEBOY 5K: “EVERY ANGELENO COUNTS”

If you’ve got an interest in getting excellent exercise with crowd of interesting and varied companions, doing the aforementioned for an important LA cause—and coming away with a snazzy t-shirt—-the annual Homeboy Industries 5K on October 18 is likely the perfect event for you.

The race starts at 8 a.m., on Saturday, October 18, at Homeboy Industries (130 W. Bruno Street, Los Angeles, CA 90012) with registration and packet pick-up from 6 to 7:30 a.m.

If you’d like to register in advance, Wed. Oct 1 is the cutoff. But you can still show up early on the day of the race and pay a last minute registration fee ($45), to run, jog, or walk with the crowd.

The purpose of the race, as you might imagine, is to raise money for Homeboy Industries, which serves more than 12,000 former gang members each year and offers full time employment to 200 men and women in an 18-month program that allows them to redirect the trajectories of their lives and “re-identify who they are in the world.”

With this in mind, the yearly 5K is designed as more than merely a fundraiser. Here’s how the Homeboy folks explain it:

The Homeboy Industries “Every Angeleno Counts” 5k is an opportunity for us to walk, run, and stand with thousands of former gang-members whose lives are being completely transformed. Every Angeleno can help dispel the myth that some lives matter less than others.

So grab your running shoes and com’on down.


Posted in Edmund G. Brown, Jr. (Jerry), Homeboy Industries, Jim McDonnell, LA County Jail, LASD, Sheriff John Scott, Trauma, Zero Tolerance and School Discipline | 4 Comments »

Groundbreaking for New “LA Model” Youth Probation Camp….CA’s Racial Divide in School Truancy…. Does Childhood “Toxic Stress” Fuel Poverty?

September 15th, 2014 by Celeste Fremon



FRIDAY CEREMONY KICKS OFF WORK ON A NEW MODEL FOR HELPING LAW-BREAKING KIDS IN LA AND BEYOND

“Rehabilitative, not punitive. That’s the message,” said Supervisor Zev Yaroslavsky at Friday’s groundbreaking ceremony for the demolition and replacement of Camp Vernon Kilpatrick.

The now-closed camp, located in the rural hills above Malibu, will be rebuilt as a new kind of juvenile facility that, if all goes as hoped, will not only positively redirect the lives of the kids it serves, but will also fundamentally reboot the direction of LA County’s juvenile probation as a whole.

Camp Kilpatrick is the county’s oldest juvenile camp, and its most run down. So when Probation (with the approval of the LA County Board of Supervisors, and aided by a $29 million state grant) began to develop ambitious plans to completely rethink and rebuild one of its juvenile facilitates, the half-century-old, 125-bed camp Camp Kilpatrick was an obvious choice.

The idea is to transform the aging Malibu facility—which, at present looks like a series of dilapidated prison barracks— into a cluster of homelike cottages that sleep a maximum of 12. Thus both the structure and the programmatic strategy of the new facility will be designed to promote a relationship-centric, therapeutic and educational approach to helping kids, rather than simply trying to control their behavior.

The $48 million project will borrow some elements from the famed “Missouri Model”—-developed by the State of Missouri, and long held up as the most widely respected juvenile justice system for rehabilitating kids in residential facilities. Planners also looked at innovative programs in Santa Clara County, and Washington D.C..

Yet, nearly everyone present on Friday was quick to emphasize that Los Angeles has a particularly diverse youth population, and so needs its own specially-tailored approach.

The goal, therefore, is to create a unique “LA Model,” which borrows from other successful programs, but imagines into being its own original strategy. Ideally, it is hoped that this LA Model will be comprehensive enough that it can be replicated throughout the county system and, with any luck, serve as a model for the state and the nation.

That is, of course, a tall order.

Probation Chief Jerry Powers pointed out that the project—which he calls “a blueprint for our future”—is an unusually collaborative one, with a planning committee that includes juvenile advocates like the Children’s Defense Fund (among others), along with the LA County Office of Education (LACOE), the Department of Mental Health, the Los Angeles Arts Commission, the Juvenile Court Health Services, the Department of Public Works, and so on.

There are even two formerly incarcerated youth who are part of the planning group.

Plus, in the end, it is probation’s project.. And, finally, there is the LA County Board of Supervisors, which has say-so over probation.

Getting this diverse array of people, agencies, and interests to agree on a coherent direction, without that direction becoming hopelessly homogenized, has reportedly been—and still is—challenging, and there have been a plethora of delays. (The new Kilpatrick is set to be completed in late 2016 and open in January 2017.)

All that said, a genuine sense of optimism and we-can-do-it commitment seemed to rule the day on Friday in Malibu.

“If we are going to remove young people from their homes and schools and community at a pivotal time in their development, we better get it right,” said Carol Biondi, of the Los Angeles Commission for Children and Families. Biondi is part of the planning group and was one of the day’s speakers. “There will be no warehousing in the LA Model because we know children do not thrive in storage.”

Indeed they do not.

Alex Johnson, the new head of California’s Children’s Defense Fund, put the optimism of the afternoon in context. “Today’s initiation of demolition efforts at Camp Kilpatrick marks an important step forward for Los Angeles County’s juvenile justice system,” he saidy. “However, much work remains to ensure that all justice system-involved youth are treated humanely and fairly. We applaud the County’s leadership and vision on this initiative, and look forward to continuing to work together to make sure that the Camp Kilpatrick project becomes a springboard for system wide reform.”

Naturally, WLA will be reporting a lot more on this high importance, high stakes project as it progresses.


NEW STATE REPORT SHOWS CALIFORNIA’S DRAMATIC RACIAL DIVIDE WHEN IT COMES TO SCHOOL TRUANCY

On Friday, California Attorney General Kamala Harris released her 2nd annual report on school truancy. This time she also broke the numbers down according to race and income.

The results showed that african American students are chronically truant at a rate that is nearly four greater than California students as a whole. Researchers flagged poverty and school suspensions as significant causal factors.

The report also noted that this attendance crisis has largely remained hidden, simply because the critical data has not previously been tracked. And although the causes of the racial divide require further study, we do know, wrote the researchers, “that African-American children experience many of the most common barriers to attendance—including health issues, poverty, transportation problems, homelessness, and trauma_–in greater concentration than most other populations.”

Julie Watson of the AP has more. Here’s a clip:

The report by the California attorney general’s office is the first time the data has been broken down according to race and income levels. Officials say such data is needed to address the problem.

It comes as new research from the U.S. Education Department’s civil rights arm earlier this year has found racial disparities in American education, from access to high-level classes and experienced teachers to discipline, begin at the earliest grades.

Black students are more likely to be suspended from U.S. public schools — even as tiny preschoolers, according to the March report by the Education Department’s civil rights arm.

The Obama administration has issued guidance encouraging schools to abandon what it described as overly zealous discipline policies that send students to court instead of the principal’s office. And even before the announcement, school districts have been adjusting policies that disproportionately affect minority students. Overall, the data show that black students of all ages are suspended and expelled at a rate that’s three times higher than that of white children. Even as boys receive more than two-thirds of suspensions, black girls are suspended at higher rates than girls of any other race or most boys.

The data doesn’t explain why the disparities exist or why the students were suspended.

In California, the study found 37 percent of black elementary students sampled were truant, more than any other subgroup including homeless students, and about 15 percentage points higher than the rate for all students.

Overall, more than 250,000 elementary school students missed 10 percent or more of the 2013-2014 school year or roughly 18 or more school days. The absences were highest at the kindergarten and first-grade levels when children learn to read, according to experts.

Statewide, an estimated 73,000 black elementary students were truant last school year.


TOXIC STRESS: THE WAY POVERTY REGENERATES

The New York Times Nicholas Kristoff and Sheryl WuDunn have an op-ed essay on the effects of “toxic stress” in a child’s early life, how it helps fuel the cycle of poverty, and what can be done about it.

It’s not a cheery read, but it’s an interesting and makes some important points. Below are a couple of clips to get you started, but it’s really worth it to read the whole thing.

AS our children were growing up, one of their playmates was a girl named Jessica. Our kids would disappear with Jessica to make forts, build a treehouse and share dreams. We were always concerned because — there’s no polite way to say this — Jessica was a mess.

Her mother, a teen mom, was away in prison for drug-related offenses, and Jessica had never known her father. While Jessica was very smart, she used her intelligence to become a fluent, prodigious liar. Even as a young girl, she seemed headed for jail or pregnancy, and in sixth grade she was kicked out of school for bringing alcohol to class. One neighbor forbade his daughter to play with her, and after she started setting fires we wondered if we should do the same.

Jessica reminded us that the greatest inequality in America is not in wealth but the even greater gap of opportunity. We had been trying to help people in Zimbabwe and Cambodia, and now we found ourselves helpless to assist one of our daughter’s best friends.

[BIG SNIP]

The lifelong impact of what happens early in life was reinforced by a series of studies on laboratory rats by Michael Meaney of McGill University in Canada. Professor Meaney noticed that some rat mothers were always licking and grooming their pups (baby rats are called pups), while others were much less attentive. He found that rats that had been licked and cuddled as pups were far more self-confident, curious and intelligent. They were also better at mazes, healthier and longer-lived.

Professor Meaney mixed up the rat pups, taking biological offspring of the licking mothers and giving them at birth to the moms who licked less. Then he took pups born to the laissez-faire mothers and gave them to be raised by those committed to licking and grooming. When the pups grew up, he ran them through the same battery of tests. What mattered, it turned out, wasn’t biological parentage but whether a rat pup was licked and groomed attentively.

The licking and grooming seemed to affect the development of brain structures that regulate stress. A rat’s early life in a lab is highly stressful (especially when scientists are picking up the pups and handling them), leading to the release of stress hormones such as cortisol. In the rats with less attentive mothers, the cortisol shaped their brains to prepare for a life of danger and stress. But the attentive mothers used their maternal licking and grooming to soothe their pups immediately, dispersing the cortisol and leaving their brains unaffected.

A series of studies have found similar patterns in humans

[SNIP]

Dr. Jack P. Shonkoff, founder of the Center on the Developing Child at Harvard University, has been a pioneer in this research. He argues that the constant bath of cortisol in a high-stress infancy prepares the child for a high-risk environment. The cortisol affects brain structures so that those individuals are on a fight-or-flight hair trigger throughout life, an adaptation that might have been useful in prehistory. But in today’s world, the result is schoolchildren who are so alert to danger that they cannot concentrate. They are also so suspicious of others that they are prone to pre-emptive aggression.

Dr. Shonkoff calls this “toxic stress” and describes it as one way that poverty regenerates. Moms in poverty often live in stressful homes while juggling a thousand challenges, and they are disproportionately likely to be teenagers, without a partner to help out. A baby in such an environment is more likely to grow up with a brain bathed in cortisol.

Fortunately, a scholar named David Olds has shown that there are ways to snap this poverty cycle.

Posted in Education, juvenile justice, LA County Board of Supervisors, Los Angeles County, Probation, School to Prison Pipeline, Zero Tolerance and School Discipline | No Comments »

How LA County’s Pricey Jail Plan Fails the Mentally Ill, LA’s LGBTQ Foster Kids Report Mistreatment by DCFS, Medical Board Investigating Doctors Giving Foster Kids Psych Drugs, and Willful Defiance

August 29th, 2014 by Taylor Walker

LA WEEKLY QUESTIONS RUSHED $2 BILLION JAIL PLAN AND ABSENCE OF MENTAL HEALTH DIVERSION

Phillip Cho, a man suffering from paranoid schizophrenia, was arrested for attempted commercial burglary after trying to purchase a $2,000 case of cigars while in the midst of an elaborate delusion regarding newly acquired wealth. Cho was jailed in Twin Towers for three months, causing his mental health to further deteriorate. Cho’s caseworker assured him that he would be moved out of jail to a residential treatment facility within two weeks, but the waiting list turned out to be months long.

Instead of receiving the therapeutic care he needed, Cho says he suffered abuse at the hands of Twin Towers jailers, as well as psychologically damaging solitary confinement in a silent, padded room. Cho has been released and re-incarcerated several times, not unlike many mentally ill offenders in LA. Cho has written a book about his encounters with the criminal justice system, and his time in the Towers.

Twin Towers jail was built in 1997 specifically as an upgraded facility to better address the needs of mentally ill inmates. Sound familiar? In May, LA County Board of Supervisors hastily approved a $2 billion plan to replace the dilapidated Men’s Central Jail. A staggering 3,200 out of 4,860 beds are reserved for the mentally ill.

In a crucial investigative story, the LA Weekly’s Chris Walker brings up some very important questions about the jail-replacement plan and why Los Angeles seems to be bent on warehousing people with mental illnesses instead of diverting them into treatment.

While the board was gearing up to vote on the $2 billion replacement plan, it was also working out the plans for a women’s facility in Mira Loma, for which the state’s funding of $100,000 was about to expire.

The Supervisors rushed into a vote on Men’s Central Jail plans, it seems, with the idea that they were working against the clock to secure the Mira Loma money. While the money for the women’s facility had nothing to do with the men’s facility, the Supervisors had the construction consulting firm lump the two plans together.

Here’s a clip from Walker’s assessment of the situation:

Could the vote by the Board of Supervisors — which some critics call a nod to the past that could negatively affect tens of thousands of lives — have been forced by an obscure fiscal deadline?

The Weekly’s request for public records concerning the vote and events leading up to it, made to the office of outgoing County Chief Executive Officer William Fujioka, shows that the five supervisors faced a use-it-or-lose-it deadline to secure $100 million in state funding for a women’s detention center in Mira Loma — which has nothing to do with Men’s Central Jail.

The state money, made available through Assembly Bill 900, is set to expire later this year. County officials didn’t want to lose the huge sum. For reasons that remain murky, the far more complicated proposals to replace Men’s Central Jail were lumped together with the Mira Loma facility plan in the documents prepared by Vanir Construction.

In a March 18 memo to the Board of Supervisors obtained by the Weekly, CEO Fujioka told the supervisors they had to pass one of the five Vanir proposals for replacing Men’s Central Jail in order to secure the state money for Mira Loma.

Were there other reasons for rushing the vote? At the time, all but one candidate for sheriff urged the board to wait to make a decision until after a new sheriff was in place. And Los Angeles DA Jackie Lacey had launched a task force of 70 mental health professionals to look into alternatives to locking up the mentally ill. Lacey was informed of the particulars of the jail plan the day before the vote was to happen. She put together and presented to the board an early report, explaining that her task force had found better ways to work with the mentally ill and bring down the recidivism rate. Apparently, the neither the board nor Lacey were informed of the other’s work until it was too late. Neither were the Supes briefed on a trip LASD officials took to Miami to see the county’s hugely successful mental health diversion program in action.

The die was already cast, and the board voted in favor of a massive and costly new jail.

Miami-Dade, San Francisco, and Nashville, all in the same boat as LA County at one time, are now seeing major success with mental health diversion programs. Miami-Dade cut their recidivism rate for mentally ill inmates down to 20%, compared with LA County, where 75% of mentally ill offenders return to jail.

Why were the Supes not informed of the Miami trip—one in which LASD attendees received actual “how-to” guides for replicating mental health diversion in their own county?

It…raises serious questions about an $18,000 trip taken last October by a group of L.A. County law enforcement officials, including Sheriff Cmdr. David Fender, who flew to Miami and saw firsthand its success in diverting mentally ill arrestees into treatment — part of the group’s “best practices” tour around the nation. Documents obtained by the Weekly show that L.A. Sheriff’s officials met with Miami’s top brass and received detailed “how-to” guides explaining the steps required to establish a comprehensive mental health diversion program from the ground up.

Yet nothing came of what the group learned in the other cities.

Assistant DA Bill Hodgman, who was on that fact-finding trip, delivered the how-to reports to his boss, Lacey, galvanizing her mental health task force to push for change in Los Angeles.

Yet the Board of Supervisors never received the documents from the DA or the Sheriff’s Department.

Supervisor Yaroslavsky, who voted against the new jail, complained about not being briefed. “I think I have been, as a member of this board, somewhat shortchanged by not having that information available to me as I’m being asked to make a decision — a $2 billion decision.”

This fall, DA Lacey will present another task force report, at which time the Supes are expected to vote on allocating $20 million for mental health diversion. But that doesn’t change the $2 billion jail rebuild.

Steve Fields of San Francisco’s Progress Foundation, whose diversion program treats the mentally ill for a fraction of the price of jailing them, asks what’s holding LA back:

According to California’s Administrative Office of the Courts, the yearly cost to support an individual with mental illness in a housing program in Los Angeles is $20,412.

It costs about $60,000 a year to jail him.

“I don’t know what is taking [Los Angeles] so long,” Fields says. “Counties that wanted to do this in California have had access to state funding for a long time.”


LA’S LGBTQ FOSTER KIDS (20% OF FOSTER POPULATION) MORE LIKELY TO REPORT MISTREATMENT BY THE SYSTEM

LGBTQ kids in Los Angeles County’s foster care system are twice as likely to report being mistreated by the system, a new study by UCLA’s Williams Institute. The study found that one in five foster kids (1,400) identify as LGBTQ, twice that of kids in LA’s general population, and that 86% of LGBTQ-identifying kids were a racial minority.

Researchers also found that, on average, LGBTQ kids had more placements than other foster kids, were more than twice as likely to live in a group home, and three times as likely to have been hospitalized for emotional reasons.

This is the first study to put a number on LGBTQ foster population in any child welfare system—let alone Los Angeles, which houses the largest foster care system in the nation. It was commissioned by the Los Angeles LGBT Center and funded by a federal grant.

The LA Times’ Hailey Branson-Potts has more on the study. Here’s a clip:

“People refer to it as the ‘dirty little secret’ that there are so many LGBTQ kids in foster care, but nobody’s been able to document it,” said Lorri L. Jean, chief executive of the Los Angeles LGBT Center, which commissioned the study.

“We need to know who these kids are because only if we know who they are can we help them,” she said.

In any given month, the Los Angeles County Department of Children and Family Services has about 7,400 youths between the ages of 12 and 21 in out-of-home care, according to the study. Of those, about 1,400 identify as LGBTQ.

The study, funded by a federal grant, is the first of its kind quantifying sexual orientation and gender identity of youths in any foster system, its authors say.

Despite their large numbers in the foster care system, LGBTQ youths have been “relatively invisible,” the study said. Many do not feel safe telling their foster families or social workers about having same-sex attractions or questioning their gender identity.

[SNIP]

“We have seen decreases in overt homophobia in the foster care system, but that doesn’t mean it’s not subtly still present,” [the executive director of the Children's Law Center of California, Leslie Starr] Heimov said. One recent case involved a child who was adopted and kicked out after her parents learned she was a lesbian.

The Williams Institute study noted that most of the LGBTQ foster youths in L.A. County were, like their straight counterparts, racial minorities. The study found that 83% of LGBTQ youths in foster care were Latino or black.

Bianca Wilson, a Williams Institute researcher and author of the study, said many of these youths can face added discrimination for “being both sexual minorities and ethnic and racial minorities.”

The California Report’s Rachael Myrow spoke with Williams Institute researcher and author of the study, Bianca Wilson, who said:

“We found that LGBTQ…were moved around more, were more likely to be in group homes, experiencing emotional distress. And these are all seen as barriers to finding permanent homes.”


CA MEDICAL BOARD INVESTIGATING DOCTORS PRESCRIBING PSYCH MEDICATIONS TO FOSTER KIDS

Earlier this week, Karen de Sá’s alarming investigative report in the San Jose Mercury News exposed the excessive use of psychotropic medications to treat California kids in the foster care system. It has spurred state lawmakers into planning legislation to curb the over-medication.

And now, at Sen. Ted Lieu’s request, the state medical board says it has launched an investigation into whether doctors are prescribing medication to change behavior, rather than treat mental illness, and thus, “operating outside the reasonable standard of care.”

Karen De Sá has the update. Here’s how it opens:

With pressure on California’s foster care system to curb the rampant use of powerful psych meds on children, concern is mounting about the doctors behind the questionable prescribing.

For months, the state has adamantly refused to release data that this newspaper sought to expose which physicians are most responsible. Now, in response to a request from state Sen. Ted Lieu, California’s medical board is investigating whether some doctors are “operating outside the reasonable standard of care.”

The action comes after this newspaper’s investigation “Drugging Our Kids” revealed doctors often prescribe risky psychotropic drugs — with little or no scientific evidence that they are safe or effective for children — to control behavior, not treat serious mental illness. Many of these drugs are approved only for schizophrenia, bipolar disorder and other relatively rare mental illnesses.

To examine the problem, the newspaper spent nine months negotiating with the state Department of Health Care Services to release a decade of prescribing data that did not identify individual patients.

The numbers the state finally provided showed that almost 1 in 4 adolescents in the California foster care system have been prescribed psychotropic medications over the past decade. Of the children on medications, almost 60 percent are being prescribed antipsychotics, a powerful class of drugs with serious side effects.


ON AIRTALK, KPCC’S LARRY MANTLE DISCUSSES CALIFORNIA BILL TO END “WILLFUL DEFIANCE” EXPULSIONS

Earlier this month, the California Senate passed a bill, AB 420, that would eliminate “willful defiance” as grounds for expulsion in any grade, and suspension in grades K-3. The bill, authored by Assemblyman Roger Dickinson, is now headed for Gov. Jerry Brown’s desk.

On Thursday’s AirTalk, host Larry Mantle talked about the legislation with Brad Strong, Senior Director of Education at Children Now, the organization co-sponsoring the bill, as well as Joshua Pechthalt, President of the California Federation of Teachers (which took a neutral stance on the measure).

Take a listen.

Posted in DCFS, Foster Care, LA County Board of Supervisors, LA County Jail, LGBT, mental health, Zero Tolerance and School Discipline | 7 Comments »

Los Angeles School Police Announce Important Reforms to Decriminalize School Discipline….& More

August 20th, 2014 by Celeste Fremon



TELLING THE DIFFERENCE BETWEEN STUDENT MISBEHAVIOR AND CRIMINAL BEHAVIOR

In a drastic change in approach when compared to the policies and protocols that ruled the day in the Los Angeles Unified School District as recently as three years ago, the head of the district’s school police, Chief Steven Zipperman, announced on Tuesday that his force will no longer criminalize the less serious forms of school rule breaking—a move that is expected to significantly reduce student contact with the criminal justice system.

Instead, multiple categories of student actions that previously would have led to citations or arrests, will be now be handled by referring the student to rehabilitative forms of intervention by school officials.

These newly re-classified behaviors include such infractions as tobacco possession, alcohol possession, possession of small amounts of marijuana, minor damage to school property (under $400), trespassing on school property, and most fights between students, which usually account for 20 percent of school arrests.

The policy of treating non-serious student misbehavior as criminal behavior was part of the zero-tolerance mania that came into fashion 25 years ago when fear about youth gang violence was hitting its apex, then continued to ramp up further in the panic after school shootings like Columbine in 1999.

The new policy, said Zipperman, “contains clear guidelines” that will help LASP officers “in distinguishing school discipline responses to student conduct from criminal responses.”


HARD WON CHANGES

Tuesday’s reforms are the latest in a series of hard-won changes that began to gain traction after national reports showed that the broad-brush of zero-tolerance did not, in fact, make schools safer, and that contact with police was a strong predictor of school performance and whether a kid would graduate from high school or drop out. (A single arrest doubles a student’s chances of dropping out of school.)

Significant progress was made in Los Angeles in 2012, when police agreed to dial back much of the disastrously punitive policy of truancy ticketing, in which thousands of students per year were issued $250 tickets, often resulting court fees on top of them, for being late or absent from school. Instead, students with chronic absences began being referred to school counselors, rather than courts.


CONCERN OVER RACIAL INEQUITIES

The urgency for reform was further recognized after data surfaced showing that school arrests and school suspensions in California consistently cut disproportionately against students of color and those with disabilities. In 2013, in Los Angeles, for example, LA School Police made nearly 1,100 arrests, 94.5 percent of those arrests involved students of color.

That same year, black students represented just 10 percent of the student population, but accounted for 31 percent of the LASP arrests.

Manuel Criollo, Director of Organizing for the Strategy Center’s Community Rights Campaign, called Tuesday’s announcement a “civil rights breakthrough” that would help “curb the school to prison pipeline in Los Angeles.”

Supervising Juvenile Court Judge Donna Groman put it another way.. “Juvenile court should be the last resort for youth who commit minor school-based offenses,” she said in a statement. “The education system is better equipped to address behaviors displayed at the school level through restorative justice and other alternative means.”

Groman, along with presiding judge of the LA Juvenile Courts Michael Nash, was among the prominent players who actively supported California-based pro-bono law firm, Public Counsel, and the Community Rights Campaign, in their two years of negotiation for Tuesday’s changes.

“There are enough studies that show bringing them into the justice system is really more of a slippery slope that leads to negative outcomes and poor futures,” Judge Nash told the New York Times this week. “The people who are in these schools need to deal with these issues, not use the courts as an outlet. We have to change our attitude and realize that the punitive approach clearly hasn’t worked.”


A NATIONAL MODEL?

The LA School Police joined Oakland, San Francisco and Pasadena in enacting these much-needed reforms.

However, with more than 640,000 students and nearly 1,100 schools, the LAUSD is the second largest school district in the nation. (New York’s system is the largest.) And its school police force is America’s largest, As a consequence advocates hope that Tuesday’s reforms will lead the way for similar reforms statewide and elsewhere in the U.S.

“If fully implemented,”said Laura Faer, Statewide Education Rights Director for Public Counsel, “this policy will move Los Angeles in the right direction to becoming a nationwide leader in putting intervention and support for struggling students before arrests and juvenile court time.”

May it be so.



AND IN OTHER NEWS:

NEW U.C. IRVINE STUDY SAYS HAVING A FATHER OR MOTHER LOCKED UP CAN BE MORE DETRIMENTAL TO A CHILD’S HEALTH THAN DIVORCE OR THE DEATH OF A PARENT

In a startling new study just released by UC Irvine, Assistant Professor of Sociology Kristin Turney finds that children’s emotional and health disadvantages are an overlooked and unintended consequence of mass incarceration. “In addition,” says Turney, “given its unequal distribution across the population, incarceration may have implications for racial and social class inequalities in children’s health.”

The study will appear in the September edition of the Journal of Health & Social Behavior, a publication of the American Sociological Association.

Here’s a clip from the ASA’s pre-publication write-up:

With more than 2 million people behind bars, the U.S. has the highest incarceration rate in the world. This mass incarceration has serious implications for not only the inmates, but their children, finds a new University of California-Irvine study. The study found significant health problems, including behavioral issues, in children of incarcerated parents and also that, for some types of health outcomes, parental incarceration can be more detrimental to a child’s well-being than divorce or the death of a parent.

“We know that poor people and racial minorities are incarcerated at higher rates than the rest of the population, and incarceration adversely affects the health and development of children who are already experiencing significant challenges,” said study author Kristin Turney…

[SNIP]

The likelihood of having an incarcerated parent is especially high in certain groups. “Among black children with fathers without a high school diploma, about 50 percent will experience parental incarceration by age 14, compared with 7 percent of white children with similarly educated fathers,” Turney said.

Compared to divorce, parental incarceration is more strongly associated with both ADD/ADHD and behavioral problems in children; compared to the death of a parent, parental incarceration is more strongly associated with ADD/ADHD….


IN THE JOURNALISTIC COMMUNITY WE ARE REELING FROM THE MURDER OF JAMES FOLEY

A veteran war reporter, American freelance journalist, James Foley repeatedly went deep into conflict zones to bring back stories of the suffering and hardship of people most affected by the conflicts. He went to bear witness. Then he disappeared into Syria nearly two years ago on Thanksgiving Day 2012.

On Tuesday, the Islamic extremist group ISIS released a video appearing to show Foley’s execution.

According to the Committee to Protect Journalists (CPJ) at least 69 other journalists have been killed in Syria since the fighting there began.

Posted in American voices, campus violence, children and adolescents, Civil Rights, Education, juvenile justice, LAUSD, School to Prison Pipeline, Zero Tolerance and School Discipline | 12 Comments »

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