Girl's arrest for doodling raises concerns about zero tolerance

And another California school -- Highland High School in Palmdale -- found that issuing tardiness tickets drastically cut the number of pupils being late for class and helped tone down disruptive behavior. The fifth ticket issued landed a student in juvenile traffic court.

In 1998, New York City took its zero tolerance policies to the next level, placing school security officers under the New York City Police Department. Today, there are nearly 5,000 employees in the NYPD School Safety Division. Most are not police officers, but that number exceeds the total police force in Washington, D.C.

In contrast, there are only about 3,000 counselors in New York City's public school system. Critics of zero tolerance policies say more attention should be paid to social work, counseling and therapy.

"Instead of a graduated discipline approach, we see ... expulsions at the drop of a hat," said Donna Lieberman, an attorney with the New York branch of the American Civil Liberties Union.

We see ... expulsions at the drop of a hat.
--Donna Lieberman, ACLU attorney

"If they have been suspended once, their likelihood of being pushed out of the school increases," she said. "They may end up in jail at some point in their life."

One of Lieberman's clients was in sixth grade when police arrested her in 2007 for doodling with her friend in class. The child, called M.M. in court filings to protect her identity, tried to get tissues to remove the marks, a complaint states.

Lieberman says police subjected M.M. to unlawful search and seizure. A class-action lawsuit, filed in January on behalf of five juveniles, is pending. It maintains that inadequately trained and poorly supervised police personnel are aggressive toward students when no criminal activity is taking place.

Several studies have confirmed that the time an expelled child spends away from school increases the chance that child will drop out and wind up in the criminal justice system, according to a January 2010 study from the Advancement Project, a legal action group.

Alexa Gonzalez missed three days of school because of her arrest. She spent those days throwing up, and it was a challenge to catch up on her homework when she returned to school, she said. Her mother says she had never been in trouble before the doodling incident.

New York attorney Joe Rosenthal, who is representing Alexa, plans to file a lawsuit accusing police and school officials of violating Alexa's constitutional rights. New York City Department of Education officials declined to comment specifically on any possible legal matters.

"Our mission is to make sure that public schools are a safe and supportive environment for all students," said Margie Feinberg, an education department spokeswoman.

Our mission is to make sure that public schools are a safe and supportive environment for all students.
--Margie Feinberg, New York City Department of Education spokeswoman
 
 

Several media outlets have reported that school officials admitted the arrest was a "mistake," but when asked by CNN, Feinberg declined to comment specifically on the incident. She referred CNN to the NYPD.

The NYPD did not return CNN's repeated phone calls and e-mails. It is unknown whether charges will be pressed against Alexa.

Kenneth Trump, a security expert who founded the National School Safety and Security Services consulting firm, said focusing on security is essential to the safety of other students. He said zero tolerance policies can work if "common sense is applied."

Michael Soguero recalls being arrested himself in 2005 when, as principal at Bronx Guild School, he tried to stop an officer from handcuffing one of his students. A charge of assault against him was later dropped. He says police working in schools need specific training on how to work with children.

In Clayton County, Georgia, juvenile court judge Steven Teske is working to reshape zero tolerance policies in schools. He wants the courts to be a last resort. In 2003, he created a program in Clayton County's schools that distinguishes felonies from misdemeanors.
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