(CNN) — 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.

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.

“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.

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.”

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In addition, Dr. Schoonover will be in New York City from January 16th -20th and then continuing on to Washington, D.C. from January 20th-24th attending the National Title I Conference http://www.nationaltitleiconference.com/program_agenda.html

If you would like to meet with Dr. Schoonover in one of these three cities to discuss his work with Zero Tolerance or to discuss his book, Zero Tolerance Discipline Policies (2009), please contact the author at drbrianschoonover@gmail.com.

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In the 2009 Legislative Session, Senate Bill 1540, “Zero-Tolerance Policies”, was passed and signed into law. This bill amends Sections 1002.20, 1006.09, and 1006.13, Florida Statutes, addressing discipline and safety in K-12 public schools.

The bill also provides legislative intent regarding zero-tolerance by providing that zero-tolerance policies are not intended to be rigorously applied to petty acts of misconduct and misdemeanors.School districts are encouraged to use alternatives to expulsion or referral to law enforcement agencies unless using such alternatives will pose a threat to school safety. To access the law, please click on the link below: http://laws.flrules.org/files/Ch_2009-053.pdf

With the original passing of Chapter 94-209, Laws of Florida, effective July 1, 1994, the Department of Education issued an emergency rule and then implemented Rule 6A-1.0404, F.A.C., to be effective on January 1, 1995. Since that time and with revisions to this law, the Florida Department of Education has made a determination to repeal Rule 6A-1.0404, F.A.C., based on the following:

? While the Department may have had authority to enact the rule in 1995, changes in administrative law and the actual substance of the zero tolerance law have changed in 14 years. Current law requires an agency to have a specific duty or action listed in the statute to carry out in rule.

?

The notice of rule repeal for Rule 6A-1.0404, F.A.C., will be published in the Florida Administrative Weekly (FAW). The Rule will be repealed within 20 days of approval by the State Board of Education. To access this information, please click on the link below:

DR. FRANCES HAITHCOCK CHANCELLOR OF PUBLIC SCHOOLS

AINES STREET •SUITE 1502 •TALLAHASSEE, FL 32399-0400 •(850) 245-0509 •

www.fldoe.org

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November 16, 2009

Using recent data on the inclusion of guns in Student Codes of Conduct found in Florida’s 67 public school districts, Dr. Schoonover’s most recent research finds that there is no statistical correlation between those school districts with elected superintendents compared to those school districts with appointed superintendents.  In fact, the statistical occurrence is identical, with 88% of elected superintendents including zero tolerance policies against guns as compared to 88% of appointed superintendents with the same stance on guns.

For more information on the details of this study, including a breakdown on how this correlation relates to small versus large school districts, please contact Dr. Schoonover at drbrianschoonover@gmail.com.

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Please be aware that there are changes in the Zero-Tolerance Law. In the 2009 Legislative Session, Senate Bill 1540, “Zero-Tolerance Policies” (Chapter 2009-053), was passed and signed into law. This bill amends Sections 1002.20, 1006.09, and 1006.13, Florida Statutes, addressing discipline and safety in K-12 public schools. The bill also provides legislative intent regarding zero-tolerance by providing that zero-tolerance policies are not intended to be rigorously applied to petty acts of misconduct and misdemeanors. School districts are encouraged to use alternatives to expulsion or referral to law enforcement agencies unless using such alternatives will pose a threat to school safety. To access the law, please click on the link below:

http://laws.flrules.org/files/Ch_2009-053.pdf

The act includes the following requirements specific to corporal punishment within Section 1002.20 (4)(c)(2), Florida Statutes:

“2. A district school board having a policy authorizing the use of corporal punishment as a form of discipline shall review its policy on corporal punishment once every 3 years during a district school board meeting held pursuant to s. 1001.372. The district school board shall take public testimony at the board meeting. If such board meeting is not held in accordance with this subparagraph, the portion of the district school board’s policy authorizing corporal punishment expires.”

The act amended the requirements specific to district zero-tolerance policies for crime and victimization within Section 1006.13, Florida Statutes, to read:

“(1) It is the intent of the Legislature to promote a safe and supportive learning environment in schools, to protect students and staff from conduct that poses a serious threat to school safety, and to encourage schools to use alternatives to expulsion or referral to law enforcement agencies by addressing disruptive behavior through restitution, civil citation, teen court, neighborhood restorative justice, or similar programs. The Legislature finds that zero-tolerance policies are not intended to be rigorously applied to petty acts of misconduct and misdemeanors, including, but not limited to, minor fights or disturbances. The Legislature finds that zero-tolerance policies must apply equally to all students regardless of their economic status, race, or disability.

(2) Each district school board shall adopt a policy of zero tolerance that:

(a) Defines criteria for reporting to a law enforcement agency any act that occurs whenever or wherever students are within the jurisdiction of the district school board.

(b) Defines acts that pose a serious threat to school safety.

(c) Defines petty acts of misconduct.

(d) Minimizes the victimization of students, staff, or volunteers, including taking all steps necessary to protect the victim of any violent crime from any further victimization.

(e) Establishes a procedure that provides each student with the opportunity for a review of the disciplinary action imposed pursuant to s. 1006.07.”

The act also amended the following requirements for agreements between district school boards and county sheriff’s offices and local police departments to read:

“(4)(a) Each district school board shall enter into agreements with the county sheriff’s office and local police department specifying guidelines for ensuring that acts that pose a serious threat to school safety, whether committed by a student or adult, are reported to a law enforcement agency.

(b) The agreements must include the role of school resource officers, if applicable, in handling reported incidents, circumstances in which school officials may handle incidents without filing a report with a law enforcement agency, and a procedure for ensuring that school personnel properly report appropriate delinquent acts and crimes.

(c) Zero-tolerance policies do not require the reporting of petty acts of misconduct and misdemeanors to a law enforcement agency, including, but not limited to, disorderly conduct, disrupting a school function, simple assault or battery, affray, theft of less than $300, trespassing, and vandalism of less than $1,000.

 (d) The school principal shall ensure that all school personnel are properly informed as to their responsibilities regarding crime reporting, that appropriate delinquent acts and crimes are properly reported, and that actions taken in cases with special circumstances are properly taken and documented.”

Furthermore, the act provides the following expectations for school districts to follow when determining appropriate discipline for students:

“(7) Any disciplinary or prosecutorial action taken against a student who violates a zero-tolerance policy must be based on the particular circumstances of the student’s misconduct.

(8) School districts are encouraged to use alternatives to expulsion or referral to law enforcement agencies unless the use of such alternatives will pose a threat to school safety.”

To assist districts in complying with this law, the Florida Department of Education will provide technical assistance for the appropriate and accurate reporting of higher level offenses through the School Environmental Safety Incident Reporting (SESIR) system.

If you have questions or comments, please contact Brooks Rumenik, Director, Office of Safe Schools, by phone at (850) 245-0416, or via e-mail at Brooks.Rumenik@fldoe.org. We hope this information will be helpful in ensuring that your district complies with this new legislation.

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The lockers are empty and the slates are clean until the first bell rings this morning.

But, despite parents and educators’ best wishes, there will be problems in the halls of St. Johns County schools between today, the first day of classes, and June 9, the last.

Undoubtedly, kids will get into fistfights and steal iPods. They’ll write graffiti in bathrooms and pull fire alarms.

But this year, state lawmakers tweaked the so-called “zero-tolerance” law against crimes in schools, encouraging principals to deal in-house with the perpetrators of petit crimes with hopes of cutting the number of juveniles in detention while at the same time making a bigger impact with alternative punishments.

“Make no mistake. We’re not condoning kids going out and committing misdemeanors,” said Jason Welty, the legislative director for the state Department of Juvenile Justice, which lobbied heavily to have the law changed.

But, Welty said, “Once you introduce a kid to the juvenile justice system, the likelihood that he or she returns to the system greatly increases.”

Local impact

Lt. Brian Lee, who is in charge of the school resource program for the St. Johns County Sheriff’s Office, said his deputies had for the most part already adopted the new policies.

Lee said the proposed changes had been discussed at law enforcement conferences around the state for the past several years and he saw the writing on the wall.

But, he said, school deputies this year will be more conscious of the decision about putting a student in handcuffs or sending him or her to an administrator.

Last year, 145 students were arrested at school. Charges against another 214 were referred to the State Attorney’s Office, according to Sheriff’s Office statistics.

An additional 91 were given civil citations, generally going to first-time offenders charged with non-violent misdemeanors.

The new statute on school arrests would encourage deputies to send those 91 to administrators.

Racial gap ‘clear as day’

Samadhi Jones, a department spokeswoman, said DJJ was also hoping to quell the alarmingly high rate of minority students who are sent to juvenile detention centers for crimes committed at school.

In a study released earlier this year, the department found that a significantly higher number of black students were being detained for disorderly conduct and assault — many cases of which would fall outside of the new zero-tolerance guidelines — while their white counterparts were more often detained for drug violations — cases that would still be under the zero-tolerance policy.

In the 2007-08 fiscal year, white students made up 35 percent of school-related referrals to DJJ, while black students made up 47 percent.

And while black students were more likely to have the charges eventually dropped, they were also more likely to be sentenced to a residential facility; 59 percent of those sentenced were black while 27 percent were white.

“You can see it kind of clear as day when you look at the chart,” Jones said.

Lee with the St. Johns County Sheriff’s Office said the racial gap existed mostly in urban South Florida, where officers are more apt to make arrests at schools.

“It was pretty clear that in some jurisdictions there was no kind of first-time offender intervention program,” Lee said. “It was an arrest no matter what.”

Recidivism prevention

The whole point of the legislation was to get all 67 school districts discussing their zero-tolerance policies and defining what is and what isn’t an arrest-worthy offense.

“What we hope for it to do is to slow the floodgates so to speak of referrals that are coming from the school system to the department,” said Welty, DJJ’s legislative director.

“The more school districts discuss and recognize what they’re doing, they will come back off their very tough zero-tolerance policies.”

Mark Greenwald, the department’s deputy director of research and planning, said some believe that no matter the crime, putting a student in a detention center might give a “scared-straight” effect.

But, depending on the student, it might not work — or, at worst, it might make it more likely he or she will have another run-in with police, studies have shown.

“We believe through other preventions and other community interventions you can get same effect,” Greenwald said.

*

How St. Johns County compares

Among medium-sized school districts — those with between 10,001 and 29,999 middle and high school students — St. Johns had a relatively low rate of detention center referrals.

Low to average* High^

Charlotte Alachua

Clay Bay

Hernando Collier

Okaloosa Escambia

Osceola Lake

St. Johns Leon

Santa Rosa Manatee

Sarasota Marion

St. Lucie

* Districts whose referral rate was less than or equal to 15 per 1,000 students.

^ Districts whose referral rate was 16 or more per 1,000 students.

Source: “Delinquency in Florida’s Schools: A Four Year Study,” Florida Department of Juvenile Justice.

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Published: March 25, 2009

TALLAHASSEE – Children no longer would be arrested for such minor violations of zero tolerance polices as bringing plastic butter knives to school, drawing pictures of guns or throwing an eraser under measures moving through the Florida Legislature.

The Senate Criminal Justice Committee on Wednesday approved a bill that would prohibit calling police for a nonviolent misdemeanor. A similar bill later cleared the House Pre-kindergarten Policy Committee.

Sen. Stephen Wise, R-Jacksonville, said his bill (SB 1540) would save money and prevent children from having criminal records by requiring that schools handle such disciplinary matters administratively.

“Throw an eraser and they want to call it throwing a deadly missile, which is a felony,” Wise told the Senate panel. “When you get into the juvenile justice system everybody thinks your sins are forgiven when you turn 18, and I will assure you that doesn’t happen. It’s a blemish on your record.”

In 2005 an 11-year-old Hernando County girl was arrested for allegedly bringing a plastic butter knife to school. She was handcuffed, taken to jail and charged with a third-degree felony. A 15-year-old boy at the same school that year received three weeks of house arrest for throwing a pencil that hit a custodian on the shoulder.

Police in 2007 arrested a 10-year-old Ocala girl who brought a small kitchen knife to school to cut meat packed in her lunch. Prosecutors, though, later dropped the felony weapons charge after the Department of Juvenile Justice ask them not to pursue the case.

In 2003, an 8-year-old Melbourne boy was arrested at his elementary school for carrying a pocketknife, and a 13-year-old Brandon student was suspended because his calculator had a knife-like gadget.

Wise’s bill also would require schools that still allow spanking to review their corporal punishment policies every three years at a public meeting.

His bill and the House version (HB 997) each will need to go through two more committees before getting floor votes, but Wise said he’s optimistic the legislation will pass this year. Similar measures have been introduced for several years without passing.

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The research and the best-practices revealed in my book titled Zero Tolerance Discipline Policies (2009) highlights that Florida’s school districts have a wide variety of Student Codes of Conducts, with some districts including many punishable behaviors under zero tolerance policies while other districts include very few.  My study analyzed six indicators of Student Codes of Conduct as they relate to zero tolerance discipline policies (refer to Table of Comparisons).  From this analysis I developed two products that I hope will be beneficial to your district:  Seven Elements to a Model Student Code of Conduct and a proposed Three-CHANCE system of schools.  I have included a summary of both for your review.

Along with providing you these documents, I would like to offer two hours my consultation services to you free of charge, if your district would like to attempt to implement any of my research findings and incorporate them into the mandates signed into law by Governor Crist.  All I would ask in exchange of my services are my expenses paid to and from your district, food, and lodging costs. Please visit my website at www.ZeroToleranceReform.com to gather more information on what I can offer, as well view Power Points from some of my most recent national presentations on zero tolerance. 

Thank you for your consideration and I look forward to hearing from you.

Sincerely,

Brian J. Schoonover, Ph.D.

drbrianschoonover@gmail.com

www.ZeroToleranceReform.com

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