School To Prison Pipeline in Florida

In the years 2006-2007 Florida schools sent 23,000 students to the criminal justice system, with approximately 70 percent of those youth suffering from at least one mental health disorder, according to the Florida Department of Juvenile Justice. Black males were disproportionately represented in those referrals, comprising 33 percent of all referrals to the juvenile justice system, despite the fact that they make up only 23 percent of Florida students. In Palm Beach County alone, more than 80 percent of students with disabilities referred by Palm Beach County Schools to the juvenile justice system were black males.

In response to this “school-to-prison pipeline”, an alliance of civil rights groups led by the Southern Poverty Law Center, have filed complaints against two of Florida’s largest school districts, contending that the districts are failing to provide counseling, social work, and psychological services required by the Individuals with Disabilities Education Improvement Act (IDEA). The goal of the complaints is to bring the districts into compliance with federal special education law and to end practices of excluding and isolating children with disabilities.

The Palm Beach complaint, filed on behalf of four students who require special education services because of their emotional disturbances and mental disorders, details a school system where a significant portion of elementary students with emotional and behavioral with average intelligence typically perform years behind their grade level by the time they reach middle school. Children with disabilities graduate from Palm Beach schools at a rate of just 33 percent, compared to 67 percent for all students. One of the plaintiff’s in the Palm Beach County case illustrates just why this disparity exists. When the 7th-grader, who was eligible for services to treat his emotional and behavioral disorders, transferred from his elementary school to his middle school, the middle school changed his paperwork to show that he didn’t need those services rather than make the effort to provide them. Because this student was no longer receiving those services his disorders escalated, causing him to be removed from his regular classes for 33 school days during the 2007-2008 year. Palm Beach County eventually settled the case, agreeing to provide the sought-after services and to undergo ongoing monitoring of future district efforts to provide constitutionally mandated support for special-needs students.

The plaintiffs in the Hillsborough Country school district did not fare as well. One of the six Hillsborough students in the complaint is a 10th-grader who functions at a 1st-grade level in math and reading as a result of her disabilities and behavioral problems. It took the school district over eight years to provide this plaintiff with special education services, despite the fact that this student was clearly, and legally, entitled to such services. To date the district has failed to provide a response to the simple question of “what took so long?”

The lawsuits highlight the critical link between successful educational environments and keeping children out of the criminal justice system, while the effects of recent funding cuts in both areas exacerbates only the worst of possible outcomes for our most at-risk children. While these lawsuits can bring attention to the failings of our society to the constitutional obligations we have to our children, at some point society must decide that those obligations are worthy of meeting in the first place.

Read more: civil rights, disability, education, idea

photo courtesy of Solo Cowbell via Flickr.

Disclaimer: The views expressed above are solely those of the author and may not reflect those of
Care2, Inc., its employees or advertisers.

Past Member .

4:33PM PDT on Jul 21, 2009

It happened in Louisiana Ann Wiezycki.And believe it or not it WAS a Public School! Louisiana is among the 10 States that use Corporal Punishment the most in Public Schools. Apparently,Florida is no longer on that list. For more information on States that allow Corporal Punishment in Public Schools,go to http://stophitting.com .

send a green star

Green B.

9:10PM PDT on Jul 16, 2009

This is just more of the incarcerated mentally ill. They do not belong in the punitive environment of the justice system. They belong under the care of a physician or in a hospital if they are a danger to themselves or others. I shudder to think about how many mentally ill are incarcerated in punitive environments instead of receiving the help the deserve and need.

Kimberly J.

5:33PM PDT on Jul 16, 2009

Corporal punishment is not allowed in Brevard County either. I don't know how that school got away with changing that boy's paperwork, but I hope they had to shell out a bundle in a lawsuit settlement.

Anne Wiezycki, you are correct about DCF here in Florida. They are the absolute worst. I remember the case a year or so ago where they "lost" a foster child & didn't know about it for many years. I believe it turned out that the foster mother killed the child. I have seen children removed from homes for no reason at all & I have seen children who should have been removed, left in an abusive situation.

Jeffrey W. Mental illness has nothing to do with the family structure or income level. When I was growing up, there was a family in my church who had 4 children & the 2 youngest were mentally handicapped. The youngest had Downs Syndrome. This couple was upper middle income & very happily married but 2 of their children were mentally handicapped, one profoundly. There is a federal law - PL 94-192 that requires that all handicapped children receive a public education in the least restrictive environment. The schools are responsible for providing an education & counseling for both mentally & physically handicapped children.They receive federal funds for this.

Stan S. I agree with what you're saying about nutrition. The mother needs good nutrition while she's pregnant & nursing & all children need good nutrition if they're going to do well i

Anne W.

5:24PM PDT on Jul 16, 2009

I would like to know where that happened, it makes me sick too. I really do not believe that happened in a public school. The schools in my area send home at the beginning of the year in the packet of papers they get on the first day that they do not use spanking or any other form or physical punishment.

Natalie J.

4:57PM PDT on Jul 15, 2009

Not only is the constitutional obligation worthy of recognizing and meeting, but financially it costs tax payers and our government more money to incarcerate people than to pay for these necessary educational programs as well as prevention programs.

7:38PM PDT on Jul 14, 2009

But I read that Corporal Punishment was previlent in Florida Schools! I read one story about an 8 Year old Girl who was Paddled by Her Gym Teacher and ended up with deep Bruses that lasted for 3 Weeks!She said that it hurt SO MUCH that it made Her nauchious(spell check).The story made Me sick to My stomac.

6:03PM PDT on Jul 14, 2009

On the spanking thing here in FL... In Pinellas County schools I do not know of this happening at all, at least not in public schools.

5:58PM PDT on Jul 14, 2009

A lot of the problem here in FL especially in the Tampa Bay area (Hillsboro and Pinellas Counties) is DCF (Department of Children and Families). Some of in some cases these children need to be removed from their current homes but DCF will not do that because those type children are not "placeable". They (DCF) would rather leave these unfortunate kids in their current situation than take action where action is needed. I have seen it time and time again here. A child in one community I lived in 2 years ago was a mental wreck and the parents really didn't care what he was doing (8 years old stealing, selling dope, setting fires, playing with posinous snakes (baby water moccisans), etc) not to mention that at least once a month this so called organization that is supposed to protect kids was at this families house. The calls were not just for HIS behavior but for his parents as well (selling drugs, domestic violence, and sending the children to other peoples homes to eat) Neighbors, the Manager of the community, local shops, even this childs schools called. Still this child was allowed to stay in the same unsupevised home. In FL DCF needs to take more responsibility and stop "cherry picking" the children they remove. Trust me 4 years later (now) this kid has probably been in kid jail more times than you can count. Why? Because the incredibally messed up system here that is should protect did NOT.

4:43PM PDT on Jul 14, 2009

I started a Petition to stop the Embarassing,Humilliating,Demeaning,and Degrading Corporal Punishment in U.S. Schools.The link to the Petition is: http://www.thepetitionsite.com/6/stop-corporal-punishment-in-us-schools .

4:38PM PDT on Jul 14, 2009

The REAL PROBLEM with Schools in Florida is that they allow Corporal Punishment in the form of Paddleing!!THAT is Legalized CHILD ABUSE People!!That sort of thing very often leaves a BRUSE!! And if I said it once,Ive said it a Thousand times,Corporal Punishment has ABSOLUTLY NO PLACE in School!!!!