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Youth Court as an Alternative to Traditional Discipline. Dr. Dennis Wiechmann Sanger Unified School District Supervisor of Child Welfare and Attendance dwiechmann@sbcglobal.net 559-351-1408. Mission of Schools-Example.
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Youth Court as an Alternative to Traditional Discipline Dr. Dennis Wiechmann Sanger Unified School District Supervisor of Child Welfare and Attendance dwiechmann@sbcglobal.net 559-351-1408
Mission of Schools-Example The primary mission of any school system is to educate students. To achieve this goal, the school district must maintain a culture and environment where all students feel safe, nurtured, and valued and where order and civility are expected standards of behavior. Schools cannot allow unacceptable behavior to interfere with the school district’s primary mission (American Academy of Pediatrics, 2013).
Educational History of Discipline The Gun-Free Schools Act of 1994 (Pub L No. 103-882, x 14601) popularized the concept of zero tolerance in the theory and practice of behavior controland discipline in schools and, in many cases, profoundly altered the entire discussion of these topics. Solidified by Columbine 1999.
Why Start with Discipline? Out-of-school suspension and expulsion are the most severe consequences that a school district can impose for unacceptable behavior. Traditionally,these consequences have been reserved for offenses deemed especially severe or dangerous and/or for recalcitrant offenders. However, the implications and consequences of out-of-school suspension and expulsionand “zero-tolerance” are of such severity that their application and appropriateness for a developing child require periodic review (American Academy of Pediatrics, 2013).
So what is your district policy on discipline? • Answer the following questions about policies at your school or district…… and why they are the way they are. • Student brings a gun to school • Sells drugs • Has less than an ounce of marijuana • Stole the teachers iPhone • Got in a fist fight • Threatens to stab someone
Educational Policy Outcomes According to the Education Commission of the States (2002), 64% of the states have passed legislation since 1993 that mandate student placement in alternative education schools or programs for various behavioral infractions “zero tolerance”. As a result, there are currently 10,000 alternative education schools and programs in operation across the United States, serving over 600,000 students who have been removed from comprehensive campuses.
Social Justice Outcomes Harvard Civil Rights project reported that over 3.1 million students were suspended from school and over 87,000 students were expelled under the pressure of policies that replaced professional judgment with mandated recommendations for suspensions or expulsions for major and minor behavioral infractions.
Social Justice Outcomes Continued… As with many educational policies the intended outcome is justice for all. Justice should be blind, however, like many educational issues, justice appears to be blind only to certain populations (Christle, Nelson, & Jolivette, 2004; Mendez & Knoff, 2003; SRA and Associates, 2000; Townsend, 2000).
Background Research on Discipline From Skiba and Peterson study (2002). Many of the students interviewed cited suspensions or being pushed out of school as a bridge to other trouble outside of school. One student noted “When they suspend you, you get in more trouble, cause you’re out in the street…and that’s what happened to me once"
Social Justice Outcomes Continued… African American students make up 17% of the school population, however, they account for over 32% of the suspensions. Comparatively speaking, White students make up 63% of the school population, however, they account for only 50% of suspensions.
Social Justice Outcomes Continued… Verdugo (2002) examined if minority students simply act out more, which lead to a higher percentage of suspensions and expulsions. He found that minority students were suspended or sanctioned more often under ambiguous rather than concrete violations. Minority students were suspended and expelled for violations that required an authoritative interpretation, such as class disruptions, or being a danger on campus. White students, however, were more often suspended or expelled for concrete violations, such as bringing drugs to school or possessing weapons. For California this was the 48900 k violation.
Observed vs. Expected2017-2018 https://data1.cde.ca.gov/dataquest/dqCensus/DisSuspRate.aspx?year=2017-18&agglevel=State&cds=00
Discipline Research Findings Ultimately, being suspended, being poor, and being a minority has developed into a triple threat of dropping out of school. For many of these students, graduating high school may be the first step to breaking a vicious cycle of poverty and criminal behavior, however, their ability to accomplish this may be taken out of their control by bias and racially motivatedpolicies.
Discipline Research Findings Continued… Students who experience out-of-school suspension and expulsion are as much as 10 times more likely to drop out of high school than are those who do not get suspended or expelled.
Discipline Research Findings Continued… If the student’s parent(s) work, there may be no one at home during the day to supervise the student’s activity, making it more likely that the student (1) will not pursue a home-based education program; (2) will engage in more in-appropriate behavior; and (3) will associate with other individuals who will further increase the aforementioned risks
Restorative Justice Pyramid/PBIS Tier 1 Alameda County Health Care Agency: School Health Services Coalition
General Questioning StrategiesFor all levels When challenging behavior: To help those affected: What did you think when you realized what had happened? What impact has this incident had on you and others? What has been the hardest thing for you? What do you think needs to happen to make things right? • What happened? • What were you thinking of at the time? • What have you thought about since? • Who has been affected by what you have done? • In what way have they been affected? • What do you think you need to do to make things right?
Managing Difficulties Problem-Solving Circles: making space in the classroom to resolve conflict and solve problems. Restorative Conversation: having informal conversations using restorative dialogue to repair or prevent harm. Hallway Conferences: using quick conversations to understand how people were affected and take steps to prevent harm. Restorative Conference: meeting formally to prevent harm, enable people to resolve differences, and build social-emotional capacity through empathy. Peer Mediation: using a peer mediator to help resolve conflict before it becomes harmful.
Basis of Sanger Restorative Justice and Intervention programs • Restorative, Reflective, & Instruction • Resiliency based approach • Home, School, and Community • High Expectations • Meaningful Participation • Caring Adults
Fresno County Youth Court History Program has been in place from Fresno County for 22 years. Collaborative Program Driven by Juvenile Probation and Superior Court. Fighting, minor theft, possession of marijuana, possession of knife. Some offenses are not appropriate for youth court. Each participating high school has an assigned judge. School is responsible for identifying jury participants and cases to be heard.
Sanger Unified’s Youth Court Unique in all of Fresno County Goal of Sanger Unified was to include those who had potentially the greatest animosity for law enforcement and those who had been potentially disenfranchised by the system.
Sanger Unified’s Youth Court Active participants includes students from three schools. 1) Sanger High School (Comprehensive), 2) Community Day School (alt ed), and 3) Kings River Continuation High School (alt ed). Program is headed by and owned by Kings River Continuation High School. Other students come to this campus to participate.
Process • Education code violation or penal code violation outside of school. • Example student gets into a fight at school. • Normal process is a 5 day suspension. Schools have the authority and or expected to reduce the number of days . • Working with Sanger Police Deportment a citation is made under PC 415.5 (Generally). • Case is then routed to Fresno County Juvinile Probation officer who works with Juvenile court to schedule hearing. • Students must admit guilt.
Jurors • The jurors are the keystone to this process. • Recruitment and retention: Group Effort! • We treat them like we would treat our staff when we have them do some type of activity after work hours. We can not pay….. but we always feed. This honors there service…. and if you have ever met a teenager they need food after school.
Jurors • Training of Jurors • At the beginning of the year and ongoing through the year. • Key things to train on, how to ask questions, how to review student documentation and records (this is something that we have evolved).
Jurors • Questions • The point of all questions should be informational and to change behavior. • Two types of questions that Jurors are training on • Thought questions • Feeling questions
Jurors • Student record training. • This is something that we added this year. In order for the students to get the entire story or the students and look for anomalies. • We review discipline, grades, and attendance. • This is unique to the Sanger Unified Program.
Jurors • Depending upon the number of cases and the number of Jurors we will divide the Juror into 2-3 groups. Each group will here a case and this allows for addition case review time and speeds up the process. • In the Court Room the charges are read out for the record • Jurors then begin to ask questions regarding the offense. If the students are having a difficult time the Judge will jump in and help with questions. Some students are better than others.
Jurors Once all of the questions have been answered the Jurors leave the Court Room and the family leaves and the next case is heard. While this case is being heard the Jury then begins to deliberate on appropriate restorative justice consequences.
Jurors Discussion generally are rich and a lot of the conversation revolves around if the student believe that the student has learned from his mistake and if they were being honest. Peers are very good judges of peers, especially the ones who have been in trouble!
Jurors • Once deliberation is done sentencing order if filled out. • Counseling • Community Service • Apology Letter • Mediation • Specific Classes • Youth Court Participation • Participate in School Based Activity
Jurors • Case is scheduled for review in 30 days. • Probation officer works with family and student to complete the sentencing order. • Upon successful completion case is sealed and discipline record is expunged.
