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School House Hype: Two Years Later

[Press Release] [Executive Summary]

CONTACT: Ross Jamison
E-mail: [rossj@cjcj.org]
Tel: (415) 621-5661

Endnotes

  1. "This year, recently, a new report showed that the overwhelming majority of our schools are, in fact, safe." Remarks by the President at Safe Schools and Communities Event, Worcester, Massachusetts, August 27, 1998.

  2. Fred Bayles, Students Say They Feel Safe, USA Today, October 29, 1999.

  3. Id.

  4. Kevin Sack, Schools Add Security and Tighten Dress, Speech and Civility Rules, The New York Times, May 4, 1999.

  5. Linda Jacobson, FBI 'Profiling' Help Worries Educators, Education Week, October, 6, 1999.

  6. Elizabeth Donohue, Vincent Schiraldi, and Jason Ziedenberg, School House Hype: School Shootings, and the Real Risks Kids Face in America, Washington, DC: The Justice Policy Institute, 1998.

  7. Early Warning, Timely Response: A Guide to Safe Schools, Washington, DC: U.S. Department of Education and the Department of Justice, 1998.

  8. Question # 099 - Public Opinion On-Line, The Roper Center at University of Connecticut, December 10, 1998.

  9. USA Today/CNN/Gallup Poll Results, April 21, 1999.

  10. CBS News Poll, April 22, 1999.

  11. Mark Gillespie, School Violence Still a Worry for American Parents, The Gallup Organization, September, 7, 1999.

  12. Complete Listing of Worries, The Washington Post, November 7, 1999.

  13. School Associated Violent Deaths, Westlake Village, CA: The National School Safety Center, August, 1999.

  14. As we have previously noted, the NSSC reporting methodology of including suicides, deaths caused by adults and deaths in school parking lots tends to inflate the threat of school shootings that American parents are most concerned with.

  15. Nancy D. Brener, et al., Recent Trends in Violence Related Behaviors Among High School Students in the United States, Journal of the American Medical Association, Vol. 2112, No. 5, 1999.

  16. P. Kaufman, et al., Indicators of School Crime and Safety, 1999, Washington, DC: U.S. Departments of Education and Justice (1999).

  17. Crime in the United States: Uniform Crime Reports, Washington, DC: US Department of Justice, Federal Bureau of Investigation (1998, 1993).

  18. Howard N. Snyder and Melissa Sickmund, Juvenile Offenders and Victims: 1999 National Report, Washington, DC: Office of Juvenile Justice and Delinquency Prevention (1999).

  19. Id. The cities are Chicago, Los Angeles, Houston, New York, Baltimore, Detroit, Philadelphia, and Dallas.

  20. Matthew J. Mayer and Peter E. Leone, A Structural Analysis of School Violence and Disruption: Implications for Creating Safer Schools, Education and Treatment of Children, Vol. 22, No. 3., August, 1999.

  21. Carey Goldman and Marjorie Connely, Poll Finds Decline in Teen-Age Fear and Violence, The New York Times, October 20, 1999.

  22. Katherine Binns and Dana Markow, American Teacher, 1999: Violence in America's Public SchoolsFive Years Later: A Survey of Students, Teachers and Law Enforcement Officers, New York: The Metropolitan Life Company, 1999.

  23. This action was filed in the McCracken Circuit Court on December 2, 1998 in Paducah, Kentucky as Civil Action 98-CI-01154. The school defendants have all been dismissed from the suit on the basis of sovereign immunity. This decision that was upheld by the Kentucky Supreme Court in James v. Wilson, Case No. 99-0381.

  24. See DeShaney v. Winnebago County Dep't. of Social Services, 489 U.S. 189, 109 S.Ct. 998, 103 L.Ed. 2d . 249 (1989); Graham v. Independent School District, 22 F.3d 991 (10th Cir. 1994); Johnson v. Dallas Independent School District, 38 F.3d 198 (5th Cir. 1994); Armyo v. Wagon Mound Public School, 159 F.3d 1253 (10th Cir. 1998); Page v. School District of Philadelphia, 45 F. Supp. 2d 457 (U.S.D.C., E. D. Pa. 1999).

  25. See DeShaney, id. at 489 U.S. 200.

  26. Pointer v. Western Heights Independent School District, (10th Cir 1994); Johnson v. Dallas Independent School District, 38 F.3d 198 (5th Cir. 1994); Graham v. Independent School District No. 1-89, 22 F.3d 991 (10th Cir. 1994); and Arroyo v. Pla, 748 F.Supp. 56 (U.S.D.C. Puerto Rico 1990).

  27. Dorothy J. v. Little Rock School District, 794, F. Supp. 1405 (E.D. Ark. 1992).

  28. Mirand v. City of New York, 84 N.Y.2d 44, 49, 614 N.Y.S.2d 372, 637 N.E.2d 263 (N.Y. App. Div. 1998).

  29. See, for example, Kennedy v. Seaford Union Free School, 250 A.D.2d 574, 672 N.Y.S. 407, 126 Ed. Law Rep. 355 (1998); W.L.O. v. Smith, 585 So.2d 22 (Ala. 1991), and Rawls v. Bulloch County School District, 477 S.E. 2d 383 (Ga. App. 1996).

  30. Id.

  31. Carroll v. Hammett, 744 So.2d 906 (Ala. 1999), Downing v. Brown, 935 S.W. 2d 112 (Texas 1996), Payne v. Twiggs County School District, 501 S.E. 2d 550 (Ga. Ct. App. 1998); Cook v. Hubbard Exempted Village Board of Education, 688 N.E.2d 1058 (Ohio Ct. App. 1996); and Foley v. Taylor, et al., 695 So.2d 1196 (Ala. App. 1997).

  32. D.M. v. National School Bus Service, 713 N.E. 2d 196 (Ill. App. 1999); Byrd v. Sullivan, 657 So.2d 830 (Ala. App. 1995); and Marcum v. Talawanda City Schools, 670 N.E. 2d 1067 (Ohio App. 1996).

  33. Peterson v. Independent School District No. 811, 999 F.Supp. 665 (U.S.D.C. Minn. 1998); Lovell v. Poway Unified School District, 900 F.3d 367 (9th Cir. 1996); and Fuller v. Decatur Public School Board of Education School District 61, 78 F.Supp. 2d 812 (U.S.D.C. Ill. 2000).

  34. Pointer v. Western Heights Independent School District, (10th Cir 1994); Johnson v. Dallas Independent School District, 38 F.3d 198 (5th Cir. 1994); Graham v. Independent School District No. 1-89, 22 F.3d 991 (10th Cir. 1994).

  35. Stone v. Prosser, 971 P.2d 125 (Wash. App. 1999); Wood v. Henry County Public Schools, 495 S.E. 2d 255 (Va. 1998); M.T. v. School Board of Manatee, 1999 WL 1111769, (Fla. App. 2 Dist., 1999)(unpublished).

  36. Lyons v. Penn Hills School District, 723 A.2d 1073 (Pa. 1999).

  37. 20 U.S.C. § 1400, et seq.

  38. 20 U.S.C. § 1415(b)(5), (b)(6), (b)(7), (b)(8), (e)(1) and (f)(1), C.F.R. § 300.507.

  39. 20 U.S.C. 1414 (d)(3) and (4)(B) and (e) and C.F.R. § 300.346.

  40. 20 U.S.C. 1415(k)(4), C.F.R. § 300.523.

  41. Id.

  42. 20 U.S.C. 1415 (k)(8), C.F.R. § 300.527.

  43. 20 U.S.C.A. § 1412(a)(10)(A).

  44. 20 U.S.C. § 1415(b)(5), (b)(6), (b)(7), (b)(8), (e)(1) and (f)(1), C.F.R. § 300.507.

  45. 20 U.S.C. § 1415 (i)(3)(B) ­ (G), C.F.R. § 300.513.

  46. 20 U.S.C. § 1415 (k)(9).

  47. See, e.g., Trent N. v. State, 569 N.W.2d 719 (Wis. 1997); State of Louisiana: In the Interest of R.C., Jr., 610 So.2d 204 (La. 1993); State v. T.O., 720 So2d 295 (Fla. 1998); State of Connecticut v. David F., 1998 WL 828177 (Conn. Super. 1998).

  48. Russ Skiba and Reece Peterson, The Dark Side of Zero Tolerance: Can Punishment Lead to Safe Schools? Phi Delta Kappa, March, 1999.

  49. Id.

  50. Robert Johnson, Decatur Furor Sparks Wider Policy Debate, Education Week, November 24, 1999.

  51. Statement by Norma Cantu, Assistant Secretary of Education for Civil Rights, The Civil Rights Implications of Zero Tolerance Programs, Briefing for the United States Commission on Civil Rights, February, 17, 2000.

  52. The rate is based on data presented by Norma Cantu, which represents their estimate of total (duplicated) expulsions for the 1997-1998 school year, measured against the Department of Education's projection for total student enrolment for 1996-1997.

  53. Johnson, supra, at p. 2

  54. Skiba and Peterson, supra.

  55. Suspensions from Maryland Public Schools, Information Management Branch: Maryland State Department of Education, January, 2000. Elementary school suspension totals for 1998-99 were unavailable.

  56. Table produced by the Maryland Justice Policy Institute, Inc., 1999.

  57. Student Exclusions in Massachusetts Public Schools: 1996-97. Malden, Massachusetts: Department of Education, January, 1998.

  58. Rebecca Gordan, Della Piana, Libero and Terry Kelleher, Facing the Consequences: An Examination of Racial Discrimination in U.S. Public Schools, Oakland, CA: Applied Research Center, 2000.

  59. Data on Phoenix was released separately by ARC on December 15, 1999. Rev. Jackson Applauds Ground Breaking Study on Zero Tolerance, Press ReleaseRainbow/Push Coalition, December 15, 1999.

  60. Id.

  61. Skiba and Peterson, supra.

  62. Ruth B. Ekstrom, et al., Who Drops Out of High School and Why? Findings from a National Study, Teachers College Record, Spring 1986.

  63. Christine Bowditch, Getting Rid of Troublemakers: High School Disciplinary Procedures and the Production of Dropouts, Social Problems, Vol. 40, 1993, pp. 493-507; Michael Fine, Why Urban Adolescents Drop into and out of Public High School, Teachers College Record, Spring 1986, pp. 393-409.

  64. K.A. Larson, Redefining Troublemakers, Speech at the Office of Special Education Training Conference: Washington, DC, 1995.

  65. M. Wagner, Youth with Disabilities: How are They Doing?, The National Longitudinal Transition Study of Special Education Students,. Melno Park CA: SRI International (1991).

  66. Health Risk Behaviors Among Adolescents Who Do and Do Not Attend School: United States, 1992, Centers for Disease Control and Prevention, Morb Mortality Weekly Report, 43: (08) March 4, 1994. , p. 129-132.

  67. Interview with Stephen Harper, March 20, 2000.

  68. Jack Kresnack, Port Huron School Boy Cleared Quickly byJury, The Detroit Free Press, January 19, 2000.

  69. Kenneth J. Cooper and Dale Russakoff, Columbine Hysteria or Smart Policy? Schools Accused of Overreacting in Disciplining Students, The Washington Post, May 27, 1999.

  70. Patricia Davis, Fifth-Graders Charged Over Soapy Drink, The Washington Post, November 16, 1999.

  71. John Kass, Fear of School Violence Getting Best of Common Sense, The Chicago Tribune, November 4, 1999.

  72. Barry E. Krischer, All Children Deserve to be Safe at School, The Palm Beach Post, February, 15, 1999. John Holland, In Front of 60 Minutes, Kirschner Drops Retarded Teen $2 Theft Charge, The Palm Beach Post, March 5, 1999.

  73. School Safety Poll, The Washington Post, April 27, 1999.

  74. At the American Bar Association's Juvenile Defender Leadership Summit in Washington D.C. in October, 1999, juvenile public defenders from around the country expressed an overwhelming concern about the rise in their caseloads concerning juveniles being hauled into court for school behaviors that would have previously been handled administratively.

  75. The Suffolk County Community Based Juvenile Justice Program, Ralph C. Martin, II, Suffolk County District Attorney, 1998 Annual Report

  76. Id. at p. 4

  77. Id. at pp. 3-4.

  78. Id. at pp. 10, 11, 13.

  79. Id. at pp. 6, 10.

  80. The case, filed as A.F.W. v. Ora Cobb, et al, Civil Case NO. 00-CI-00005 was filed in the Campbell Circuit Court in Kentucky. It alleged violations of due process, IDEA, and state constitutional guarantees, but was settled when plaintiffs sought and received a hearing date for a temporary restraining order against the school.

  81. This document, captioned IN RE: SCHOOL VIOLENCE is titled as DIRECTIVE and is signed by Judge A. Leo Sereni, President Judge, filed in he Court of Common Pleas of Delaware County, Pennsylvania.

  82. This document is dated September 1, 1998 and directed to Stephen J. Sukniat, Director of the Dauphin County Juvenile Probation Office.

  83. Interview with Robert Schwartz, March 20, 2000.

  84. Select School Safety Enactments (1994-1999), National Conference of State Legislators.

  85. Congressional Research Service. CRS Report for Congress (Washington, D.C.: The Library of Congress, 95-372 EPW (11-1-96) and 97-27 Gov. (12-20-96).

  86. 1999 Fla. Laws, HB 1389.

  87. 1999 N.C. Extra Sess. Laws, H.B. 517, 1998 Ohio Laws H.B. 0382.

  88. 1999 Va. Acts, H.B. 2445.

  89. See Juvenile Record Sharing, Schools and Juvenile Justice Agencies, Select Legislative Enactments, (1994-1999), National Conference of State Legislators.

  90. Id.

  91. 1999 Ark. Act, S.B. 259, 1996 Tenn. Pub. Acts, Chapter 888.

  92. 1999 Maine Pub. Laws, Chap. 0345; 1999 La. Acts, Act 0515; 1999 Mont. Laws, H.B. 310; 1999 Vt. Acts, H.B. 754.

  93. 1999 Tenn. Pub. Acts, S.B. 1888; 1999 Wash. Laws, H.B. 1153.

  94. Id.

  95. 1999 Calif. Stats., A.B. 1113; 1999 Conn. Acts, S.B. 1352; 1999 Idaho Sess. Laws, H.B. 376; 1999 Ill. Laws, S.B. 757; 1999 Ky. Acts, Chap. 0493; 1999 Main Pub. Laws, H.B. 1250; 1999 Nev. State Laws, Chap. 0607.

  96. 1999 Calif. Stats, H.B. 1113; 1999 Conn. Acts, S.B. 1352; 1999 Ga. Laws, Chap. 1282; 1999 Kan. Sess. Laws, H.B. 2489; 1999 Mass. Acts. Chap. 1422; 1995 Mo. Laws, H.B. 174, 325, 326.

  97. Daniel A. Grech, Security Drills, or Scares? School Crisis Plans Make Some Uneasy, The Washington Post, September 13, 1999

  98. Melissa Healy, Back to School ­ Surrounded by Safeguards, Los Angeles Times, September 7, 1999.

  99. Claudia Kalb, Schools on the Alert, Newsweek, August 23, 1999.

  100. Priorities Prompt Demise of D.A.R.E. Program, Portland Oregonian, South Zoner, Seven Amick, September 17, 1999.

  101. Andrea Billups, FBI Teaches Ways to Prevent Violence: Schools Search for Solutions, The Washington Times, September 19, 1999.

  102. Brigette Greenberg, Associated Press, 'Student Profiling' Launched to Combat Violence, The Capital Times, September 7, 1999.

  103. Mike Wagner, Law Enforcement Computer Program Helps Tag Violent Kids, Dayton Daily News, September 22, 1999.

  104. Dr. Lori Dorfman, Youth Violence in California Newspapers, Berkeley, CA: The Berkeley Media Studies Group, Spring, 2000.

  105. L. Dorfman, K. Woodruff, V. Chavez, and L. Wallack, Youth and Violence on Local Television News in California, American Journal of Public Health 87(8):1311-1316, August 1997.

  106. Belden Russonello & Stewart, Americans Consider Juvenile Crime, Justice, and Race: Executive Summary, (unpublished) Washington, DC: Building Blocks for Youth, 1999.

  107. Joe Holly, Should the Coverage Fit the Crime?, Columbia Journalism Review, May/June, 1996.

  108. William DeJong, Building the Peace: The Resolving Conflict Creatively Program, Washington, DC: National Institute of Justice, October, 1999.

  109. Jeremy P. Shapiro, The Peacemakers Program: Effective Violence Prevention for Early Adolescent Youth, Bethesda, MD: Communique: The National Association of School Psychologists, 1999.

  110. Josh Sugarmann, Loaded Logic, The Washington Post, March 5, 2000.

  111. Morbidity and Mortality Weekly Report, Centers for Disease Control, February 7, 1997.

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