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Girl's arrest for doodling raises concerns about zero tolerance
Posted by Lev/Christopher on February 23, 2010 at 6:00am in United States Group

There was no profanity, no hate. Just the words, "I love my
friends Abby and Faith. Lex was here 2/1/10 :)" scrawled on the
classroom desk with a green marker.
Alexa Gonzalez, an outgoing 12-year-old who likes to dance and draw,
expected a lecture or maybe detention for her doodles earlier this
month. Instead, the principal of the Junior High School in Forest
Hills, New York, called police, and the seventh-grader was taken across
the street to the police precinct.
Alexa's hands were cuffed behind her back, and tears gushed as she was
escorted from school in front of teachers and -- the worst audience of
all for a preadolescent girl -- her classmates.
"They put the handcuffs on me, and I couldn't believe it," Alexa
recalled. "I didn't want them to see me being handcuffed, thinking I'm
a bad person."
Alexa is no longer facing suspension, according a spokeswoman for the
New York City Department of Education. Still, the case of the doodling
preteen is raising concerns about the use of zero tolerance policies in
schools.
I didn't want them to see me being handcuffed, thinking I'm a bad person.
--Alexa Gonzalez
Critics say schools and police have gone too far, overreacting and
using well-intended rules for incidents involving nonviolent offenses
such as drawing on desks, writing on other school property or talking
back to teachers.
"We are arresting them at younger and younger ages [in cases] that used
to be covered with a trip to the principal's office, not sending
children to jail," said Emma Jordan-Simpson, executive director of the
Children's Defense Fund, a national children's advocacy group.
There aren't any national studies documenting how often minors become
involved with police for nonviolent crimes in schools. Tracking the
incidents depends on how individual schools keep records. Much of the
information remains private, since it involves juveniles.
But one thing is sure: Alexa's case isn't the first in the New York
area. One of the first cases to gain national notoriety was that of
Chelsea Fraser. In 2007, the 13-year-old wrote "Okay" on her desk, and
police handcuffed and arrested her. She was one of several students
arrested in the class that day; the others were accused of plastering
the walls with stickers.
At schools across the country, police are being asked to step in. In
November, a food fight at a middle school in Chicago, Illinois,
resulted in the arrests of 25 children, some as young as 11, according
to the Chicago Police Department.
The Strategy Center, a California-based civil rights group that tracks
zero tolerance policies, found that at least 12,000 tickets were issued
to tardy or truant students by Los Angeles Police Department and school
security officers in 2008. The tickets tarnished students' records and
brought them into the juvenile court system, with fines of up to $250
for repeat offenders.
The Strategy Center opposes the system. "The theory is that if we fine
them, then they won't be late again," said Manuel Criollo, lead
organizer of the "No to Pre-Prison" campaign at The Strategy Center.
"But they just end up not going to school at all."
His group is trying to stop the LAPD and the school district from
issuing the tickets. The Los Angeles School District says the policy is
designed to reduce absenteeism.
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
RELATED TOPICS
Juvenile Justice
American Civil Liberties Union
New York City Police Department
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.
The result? The number of students detained by the school fell by 83
percent, his report found. The number of weapons detected on campus
declined by 73 percent.
Last week, after hearing about 12-year-old Alexa's arrest in New York, he wasn't shocked.
"There is zero intelligence when you start applying zero tolerance
across the board," he said. "Stupid and ridiculous things start
happening."
http://www.cnn.com/2010/CRIME/02/18/new.york.doodle.arrest/index.ht...
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This page was created on 5 May 2010
Updated on 5 May 2010
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