This year has been exceedingly challenging for students in California owing to the COVID-19 pandemic. School closures and financial hardships have created a climate of despair for millions of young people. Mental health services are needed now more than ever in order to prevent school suspensions and expulsions. Mental illness often plays a role in the school-to-prison pipeline.

Juvenile justice is a topic of utmost importance at the Law Offices of Katie Walsh. We are pleased to announce some significant changes in Los Angeles County proposed by the new district attorney—George Gascón.

Last week, the District Attorney for Los Angeles County announced his plans to shake up criminal prosecutions, The Los Angeles Times reports. Taking a page out of the book he helped write as the District Attorney of San Francisco from 2011 to 2019, Gascón plans to stop the practice of cash bail; he also wants to place a ban on prosecutors seeking enhanced prison sentences.

What’s more, he plans a review of thousands of old cases to see if less harsh sentences are warranted. Gascón office will also determine if prisoner releases should be meted out.

“I recognize for many this is a new path … whether you are a protester, a police officer or a prosecutor, I ask you to walk with me. I ask you to join me on this journey,” said Gascón during his swearing-in ceremony. “We can break the multigenerational cycles of violence, trauma and arrest and recidivism that has led America to incarcerate more people than any other nation.”

Trying Juveniles as Adults

The shift in policy regarding bail will certainly be a hot-button topic. However, starting January 1, prosecutors in Gascón’s office will ask judges to release plaintiffs, except in homicide or other violent felony cases.

“How much money you have in your bank account is a terrible proxy for how dangerous you are,” Gascón said. “Today there are hundreds of people languishing in jails, not because they represent a danger to our community but because they can’t afford to purchase their freedom.”

Prisoners who’ve served 20 years or more might be granted parole if the new district attorney has his way. Moreover, Gascón has vowed that his office will never seek the death penalty. Gascón’s plans also extend to juveniles. He promises to end the practice of trying juveniles as adults.

Jerod Gunsberg, a Los Angeles juvenile criminal defense attorney, praised Gascón for his goal of no longer trying minors as adults, according to the article. He points out that the practice has had “deep, negative effects on accused teenagers and society as a whole.”

“I’ve been doing this for a long time. I’ve never seen a kid go into a juvenile probation camp and come out better. Ever,” said Gunsberg. “I’ve never seen a kid have a strike filed on them, at 16 years old and it improve their life or enhance public safety in any way.”

Juvenile Defense Attorney

Please contact the Law Offices of Katie Walsh if your son or daughter faces legal difficulties or school expulsion. Attorney Walsh has the experience to advocate for your family and achieve a favorable outcome. She has handled thousands of juvenile cases, and as a former prosecutor, she knows the ins and outs of the juvenile court system.

Last month, we continued our coverage of salient topics relating to criminal and juvenile justice in California. We covered the newly created Department of Youth and Community Restoration (YCR). Under the California Health and Human Services Agency, the YCR will replace the Division of Juvenile Justice. The YCR:

“Shall embrace a vision wherein the youth under its care transition successfully into adulthood, desist from criminal behavior and become thriving and engaged members of their communities. It is the mission of YCR to help youth who have hurt people, and have been hurt themselves, return safely to the community and become responsible and successful adults.”

Governor Newsom intends to oversee the closing of the state’s four remaining juvenile detention centers. As we shared last month, the state will no longer accept most youth offenders beginning next July. Those currently housed in state-run juvenile detention centers will serve out their time. All new offenders will be housed in county facilities under the mandate.

California Governor Gavin Newsom is committed to shaking up both the criminal and juvenile justice system. Last month, the governor signed:

• Assembly Bill 1196 (by Assemblymember Mike Gipson): which bans the use of the carotid restraint, a method of rendering a person unconscious by restricting blood flow to the brain.
• Assembly Bill 1506 (by Assemblymember Kevin McCarty): which requires the California Attorney General to conduct investigations into officer-involved shootings of unarmed individuals that result in death.

Juvenile Justice Reforms

Senate Bill 823 by the Committee on Budget and Fiscal Review is the first step of closing the Division of Juvenile Justice. Fulfilling his pledge to disrupt the school-to-prison pipeline, Gov. Newsom signed several bills that also relate to young Californians. Those include:

• Assembly Bill 901 (by Assemblymember Mike Gipson): will end the practice of referring youth who are having problems at school to probation programs.
• Senate Bill 203 (by Senator Steven Bradford): requires that children under age 17 have an opportunity to consult with legal counsel before interrogation.
• Senate Bill 1290 (by Senator Maria Elena Durazo): will cancel certain fees assessed on juvenile offenders and their families.
• Assembly Bill 1950 (by Assemblymember Sydney Kamlager): caps probation terms to a maximum of one year for misdemeanor offenses and two years for felonies.

“Americans across the country took to the streets this summer rightfully demanding more and better of our criminal justice system – and of ourselves,” said Governor Newsom. “We heard those calls for action loud and clear and today are advancing reforms to improve policing practices by ending the carotid hold and requiring independent investigations in officer-involved shootings. We are also taking important steps to break the school-to-prison pipeline. Still, we can and must do more. Working with our youth, faith and community leaders, law enforcement, the Legislature and countless others demanding change, my Administration remains committed to the important work ahead to make our criminal and juvenile justice systems fairer and safer for all Californians.”

Orange County Juvenile Defense Attorney

Please contact the Law Offices of Katie Walsh if your son or daughter is in legal trouble or faces school expulsion. Attorney Walsh has the expertise to advocate for your loved one’s well-being successfully. For a free consultation, call Katie Walsh at (714) 351-0178.

As the world remains fixated on seeing the global pandemic come to an end, the topic of police brutality in the United States is once again at the forefront of the public’s attention. A recent swath of the killing of unarmed black civilians has caught international attention and led to protests across the nation.

The disproportionate shootings involving people of color has forced millions of Americans to set aside their worries over coronavirus and rethink policing in America. People of color – both teenagers and adults – are far more likely to have run-ins with law enforcement and the criminal justice system.

It’s not just adults in an uproar about what is perceived as unfair treatment of blacks and Latinos. A large number of students have been affected by the role law enforcement plays in their day-to-day lives. The “school-to-prison pipeline” continues to be a subject of the utmost importance, and we must continue taking steps to end this phenomenon. Again, it’s a trend that affects young minorities at significantly higher rates than their white peers.

In California, students have come together to demand this change in their school districts. In several major cities, students are imploring school boards to put a stop to the presence of police in their schools, EdSource reports. They would like to see fewer police and more counselors on campus.

“Police feel like a threat to students, especially to black and brown students. Black and brown students are intimidated by police,” said Ashantee Polk, a high school senior in Los Angeles and a member of Students Deserve Justice, a group of students across the Los Angeles Unified School District.

Police-Free Schools in California

Student resource officers are meant to make students feel safer. However, research shows that having police officers in schools can lead to unfortunate outcomes for black and Latino students.

Data shows that young blacks and Latinos are arrested and disciplined more often than their white peers, often for minor offenses such as willful defiance. In many cases, interactions with student resource officers is a teenager’s first introduction to the criminal justice system—the school-to-prison pipeline.

A more significant investment in student support services could provide young people with resources that will keep them on a path that steers them away from courtrooms and institutions. Pressure from both students and community groups could lead to significant changes in Los Angeles, Oakland, Sacramento, and San Francisco in the near future. That’s not to say police-free campuses will be the future, but change could be on the horizon.

“We need to have standards for school resource officers,” said California State Superintendent of Public Instruction Tony Thurmond. “Those standards mean that we should never, ever at any school, expect a police officer to be the dean of students or a disciplinarian who disciplines a student for doing things that students do. There should be no criminalization of students for engaging in student behavior.”

Orange County Juvenile Lawyer

Remember, a young school aged child or teenager needs an advocate as soon as a serious issue comes up! Often times the school’s first priority is to protect the school and the school district, not the child. As a former prosecutor, Attorney Katie Walsh has the expertise to help young people who find themselves in trouble with the law. Please contact The Law Office of Katie Walsh today to learn more about how she can advocate for your family.

While it might be hard for some people to fathom elementary school students being suspended for not cooperating in class, it’s a common occurrence in California. Each year, thousands of kids are removed from the classroom for what is known as disruption and willful defiance. We have written about this subject on numerous occasions.

On this blog, we have also covered some of the potential consequences of class removals at a young age. Whenever a student isn’t in class, they are at significant risk of getting into more trouble. The school-to-prison pipeline starts with suspension and expulsion.

In recent years, several lawmakers have worked tirelessly to enact laws that would protect young and vulnerable students. Statistics show that minorities and youths with disabilities are suspended and expelled at far higher rates than their white peers.

The ultimate goal is to ban school suspensions for “defiant and disruptive behavior” in grades K-12. However, the effort has been met with significant pushback, forcing lawmakers to amend their legislative proposals to cater to the wishes of the opposition.

One bill that we have discussed frequently is Senate Bill 419. It is already against the law to suspend K-3 students for defiant and disruptive behavior; SB 419 would expand on that to include grades 4 through 8.

Governor Newsom Signs Senate Bill 419

On Monday, Governor Gavin Newsom signed into law Senate Bill 419, The Sacramento Bee reports. Effective July 1, 2020, SB 419 ends the practice of willful defiance suspensions in grades four and five. The same is true in grades six through eight but only for a five-year provisional period.

The author of the bill, Sen. Nancy Skinner, D-Berkeley, said that SB 419 would “keep kids in school where they belong and where teachers and counselors can help them thrive.” She added that the bill “may be one of the best ways to disrupt the school-to-prison pipeline.”

Naturally, the signing of SB 419 was lauded by civil rights activists, including Dolores Huerta. The labor leader, civil rights activist, and awardee of the United States Presidential Eleanor Roosevelt Award for Human Rights and the Presidential Medal of Freedom said:

“I strongly believe that SB 419 will bring justice to California youth by eliminating suspensions for disruption and defiance, putting an end to discriminatory discipline policies and instituting restorative justice practices.”

Please take a moment to watch a short video on the subject here.

California School Discipline Attorney

Please reach out to The Law Offices of Katie Walsh for a free consultation if your child is facing expulsion from school. Attorney Walsh has extensive experience in these matters and can negotiate with your child’s school district. Mrs. Walsh can also represent your family at the school expulsion hearing. She will advocate for your child and fight for alternatives to expulsion.

Last summer, we wrote about the Riverside County Youth Accountability Team Program (YAT) and how it treated teens, never convicted of crimes, as criminals. The program was designed to scare kids, mostly black and Latinos, straight. However, all the initiative did was contribute to the school-to-prison pipeline. Kids whose only infractions were a failure to cooperate with school faculty members found themselves on probation.

As we pointed out last year, the American Civil Liberties Union of Southern California, Northern California, San Diego, and the National Center for Youth Law filed a lawsuit to end the YAT program. In July, the ACLU announced that their efforts paid off; a settlement was reached with the federal district court that severs the relationship between Riverside County school districts and the probation department.

The YAT program has been in place since 2001; thousands of young people have been needlessly affected and had their rights violated since its inception. Probation is not an effective way to address the needs of children who have bad grades or struggle with trauma and mental health issues. The proposed settlement will hopefully lead to kids getting much-needed resources.

Setting an Example for the Nation

Even though research shows that juvenile probation is ineffective and even harmful to young people, that was the model for the last 18 years. Youths who were unable to stay on track in school found themselves in the criminal justice system.

The ACLU was able to show the court that the YAT program subjected kids to lengthy lists of conditions with zero-tolerance consequences. Young people in the program were regularly drug tested and had to deal with surprise searches of their home and person.

Rather than diverting students to law enforcement for non-criminal offenses like truancy and defiance, they will now receive counseling and other school and community-based supports. The ACLU writes that the county has committed reinvesting millions of dollars in community organizations that will better serve young people than the criminal justice system.

Students who commit crimes will be guaranteed the right to legal representation throughout the entirety of diversion. They will no longer be subject to rules and restrictions that violate their rights. What’s more, probation officers will undergo specialized training to ensure they comply with the new protocols.

The ACLU hopes that Riverside County’s new approach will one day serve as a model for juvenile justice nationwide.

Orange County, CA Juvenile Criminal Attorney

If your son or daughter is facing criminal charges or a school expulsion hearing in California, then The Law Offices of Katie Walsh can help. Attorney Walsh has the experience and knowledge to advocate for your family effectively. Please contact us today to learn more.

Kicking young people out of school for misbehaving is nothing new, but it is an issue that requires consideration. The science tells us that removing kids, of all ages, from classrooms for minor infractions can start them on a path toward further problems. The school-to-prison pipeline begins with suspension and expulsion.

While most people associate class removals with high school students, it’s also a common occurrence at middle schools, elementary, and preschools. If you find it hard to believe that preschoolers could do anything so severe as to warrant suspension or expulsion, then you are not alone. However, the practice is far more common than you’d probably think.

A 2016 federal study found that an estimated 50,000 preschoolers had been suspended in the previous year, according to the Center for American Progress. Moreover, some 17,000 preschoolers were expelled during the same period. That is 250 youngsters who were being removed from the classroom each day.

Actions have been taken by lawmakers and school officials to end the practice of suspending and expelling the youngest Americans in recent years. California has banned suspending children in grades K-3 for disrupting or willful defiance. Lawmakers have passed legislation that would expand the existing law to include students up to 8th grade. Unfortunately, many young children residing in other states do not have the same protections.

Suspension and Expulsion in Preschool

Even in states that have protections for young people, that encourage schools to intervene rather than expel, a significant number of kids are falling through the cracks. NBC News reports that children under five are being suspended and expelled from preschool, even though they live in cities and states that have acted to prevent such occurrences.

A study conducted in 2005 shows that preschoolers are three times more likely to be expelled. The numbers are even more severe when looking at young people of color and those with disabilities. Another study shows that kids who are removed from classrooms are ten times more likely to drop out of high school. They are at more significant risk of being arrested too.

Laws prohibiting the suspension and expulsion of young people are a step in the right direction. However, not enough is being done to train teachers and fund intervention programs, according to the article. Cemeré James, senior vice president of policy for the National Black Child Development Institute, said:

“When you institute a ban and just a ban with no funds and no support for implementation, you in my opinion are basically doing nothing. If there’s no funding to train teachers and educators to engage with young children in new and different ways, then you’re not changing anything.”

Teachers must be taught effective techniques for supporting young people. Acting out in class is often a sign that a child is having problems at home or is struggling with emotional and cognitive issues. California has more resources than the vast majority of states and can provide resources to preschools, the article reports. Mental health professionals work with educators to help them better meet the needs of challenging students.

Orange County School Expulsion Attorney

Attorney Katie Walsh has extensive experience in school discipline matters. If your son or daughter is facing the prospect of expulsion, then it helps to have a representative who can advocate for your loved one’s well-being. Please contact The Law Offices of Katie Walsh to learn how we can help you negotiate alternatives to expulsion.

California Governor Gavin Newsom has big plans for the state’s Division of Juvenile Justice. Earlier this year, we shared that Gov. Newsom is proposing transferring control of the division away from the Department of Corrections and Rehabilitation. Soon, the California Health and Human Services Agency might be overseeing California’s young offenders.

The move is part of more than ten years of placing a greater emphasis on restorative justice. Experts tend to agree that when young people are given specific tools and support, they are more likely to change their ways. Research shows that punitive actions against young offenders, including detention, fuels a vicious cycle of recidivism.

On this blog, we make a sincere effort to apprise readers about novel approaches to the handling of juvenile justice. Research indicates that the majority of young individuals who find themselves suspended, expelled, or in trouble with the law, face enormous obstacles at home.

Many inmates in juvenile detention centers struggle with psychological or behavioral health issues. The goal is to put a stop to the school-to-prison pipeline in California and to get young people the assistance they require to succeed.

A new budget-related bill designates the proposed new agency the Department of Youth and Community Restoration, The Los Angeles Times reports. While the plan makes sense in theory, California probation chiefs have some significant concerns.

Chief Probation Officers Worry Over Reorganization

The plan to shift juvenile justice to the CHHS includes setting up a separate administrative office, according to the article. It also calls for a new training institute for officers and an internal oversight division.

It’s come to light that those spearheading the shake-up never consulted with probation officials. Probation chiefs argue that they should be playing a more significant role in the proposed move. They also fear that the CHHS might struggle to provide adequate oversight or services, such as addiction treatment and life skills classes.

“It has taken decades to open lines of communication [with the California Department of Corrections and Rehabilitation]. Until we know what will be accompanying [the governor’s proposal], a change in address doesn’t really always make a difference,” said Karen Pank, the executive director of Chief Probation Officers of California.

The Legislative Analyst’s Office states that the administration has not offered enough information about the proposal, the article outlines. A recent report from the LAO indicates that it is unclear if the transition will increase access to rehabilitation programs for youth offenders.

The nonpartisan government agency, which provides fiscal and policy advice to the California Legislature, suggests that reorganization might result in higher costs for the state. Moreover, the transition could mean that some young people are subject to a disruption in vital services.

Orange County Juvenile Defense Attorney

Parents of children, who are facing legal difficulties, can benefit from seeking the assistance of an experienced juvenile criminal attorney. Attorney Katie Walsh’s legal experience in juvenile law makes her uniquely equipped to advocate for your family and help secure a favorable outcome.

Please contact The Law Offices of Katie Walsh today for a free consultation. (714) 351-0178

“The school-to-prison pipeline starts and ends with schools,” said Bob Wise, president of the Alliance for Excellent Education and former governor of West Virginia, in 2013.

When kids are in the classroom, they are much less likely to engage in risky behaviors. It is so important that school districts across the country do what they can to keep young people in school, and off the street. Suspension and expulsion are warranted at times, but providing struggling young people with support can prevent the need, in many cases.

The juvenile crime rate, especially violent youth offenses, is on the decline, The San Francisco Chronicle reports. While law enforcement experts point out that crime is cyclical, an unexpected, three-decade trend is underway. Since the 1990s, youth assaults, homicides, theft, and truancy have steadily decreased.

When a unique pattern occurs, it is only natural for experts to speculate on the reasons why. The school-to-prison pipeline still exists, but it seems that some initiatives have had a welcome effect. Perhaps most interesting is that the decline in youth violent crime transcends demographics.

What’s Behind The Youth Crime Drop?

There are so many variables to consider, factors that could influence juvenile crime rates. It’s challenging to put one’s finger on the driving force behind the decrease in youth criminality. Jill Tucker, writing for the SF Chronicle, lays out some of the likely catalysts in ever-falling youth crime rates in the United States. Tucker has been writing about education in California for 18 years.

Some leading theories on what is influencing this nationwide trend include a decline in “crack” cocaine use, according to the article. In the 1980s and ’90s, urban youths were exploited by drug dealers to sell crack on “the corner.” Adolescents and teens were ideal candidates because they are not subject to adult drug laws.

Other leading hypotheses for the trend in question involve reductions in lead exposure and adult mass incarceration. According to one study, lead (a once common ingredient of paint and gasoline) can disrupt brain development, thus influencing impulse and behavior regulation. In recent decades, the adult prison population has risen exponentially; causing some experts to theorize that there are fewer criminals to lure youths into crime.

Improvements in education is another topic of serious consideration. The decline in youth violent crime happens to coincide with more kids in preschool and the launch and spread of education programs. After-school programs can keep kids out of trouble. The article notes that the high school graduation rate hit 85 percent in 2017, following a two-decade trend. The combination of all three factors has likely had an impact on crime reduction.

“The nation needs to focus dollars and efforts on reforming school climates to keep students engaged in ways that will lead them toward college and a career and away from crime and prison,” said Bob Wise.

Orange County School Expulsion Attorney

The Law Offices of Katie Walsh specializes in helping families whose sons and daughters are facing the prospect of school expulsion. Attorney Walsh understands that a minor infraction can have a significant impact on a child’s future. She can advocate for your family.

Please contact us at your earliest convenience to learn more about we help you and your loved one negotiate alternatives to expulsion.

School “disruption and defiance” is a subject we follow closely at The Law Offices of Katie Walsh. Disruption is probably self-explanatory; willful defiance is defined as: “disrupting school activities or otherwise willfully defying the valid authority of school staff.” In the State of California, a 2014 law prohibits K-3 out-of-school suspensions for the above type of offense.

Since 2014, several lawmakers have come out in favor of expanding the ban on disruption and defiance suspensions. Many experts contend that removing kids from classrooms for disrupting class fuels what has come to be known as the “school-to-prison” pipeline. Moreover, the data indicate that these types of suspensions disproportionately affect blacks and Latinos, LGBT students, and students with disabilities.

“When you look at the data on who is suspended, you can’t help but see the stark reality,” Sen. Nancy Skinner tells EdSource. “Boys of color, kids in special education, LGBTQ kids — kids who don’t fit all of our cultural norms — are targeted due to the implicit bias that we know is present in every institution we have.”

In many instances, students are acting up because of family issues at home or untreated mental health issues. Extricating a student from the classroom or school entirely, for lengths of time, is unlikely to address the underlying problems the adolescent or teenager is facing. Expanding the ban on specific types of out-of-school suspensions could lead to more kids getting support and guidance. Alternative means of discipline could help children learn to cope with their issues healthily rather than acting out for attention.

Arguments For and Against Disruption and Defiance Bans

Those against expanding the ban of willful defiance suspensions argue that it strips teachers of the power to keep order and that it infringes on the other (disciplined) students right to learn without constant distraction. The camp for expansion say that suspending students for merely acting up puts them on a course to more problems, Education Dive reports. The divergent opinions on this subject will soon be in the spotlight once again, owing that is to legislation re-introduced by California State Sen. Nancy Skinner.

Last October, former Gov. Jerry Brown vetoed Senate Bill 607; a bill that would have expanded “disruption and defiance” out-of-school suspensions to include K-8. Sen. Skinner always wanted the ban to include K-12, but she didn’t believe Gov. Brown would support; so, she settled for a bill narrower in scope. Even still, Brown rejected the proposal. Now, with Brown out of office, Sen. Skinner hopes that Gov. Gavin Newsom will support her cause.

Senate Bill 419: Pupil discipline: suspensions: willful defiance would ban out-of-school suspensions for “defiant and disruptive behavior” in grades K-12. The bill, until January 1, 2025, would prohibit the suspension of a student in any of grades 9 to 12, inclusive, for those acts. The five-year period (sunset clause) will give officials time to determine the effectiveness of alternative discipline measures with high-schoolers.

The point of the evaluation is to make sure that the removal of this tool (suspensions) is not impacting classrooms or teachers in a negative way, ” Skinner said.

The Governor’s office has yet to comment on SB 419.

Orange County School Expulsion Attorney

Juvenile defense attorney Katie Walsh can help your family navigate the school discipline process. If your child is facing school expulsion, then please contact us at your earliest convenience. Katie Walsh will work tirelessly to safeguard your child’s rights and seek alternatives to school expulsion for your son or daughter.

Last month, we covered Senate Bill 607, as it relates to juvenile justice in California. The bill – authored by Sen. Nancy Skinner, D-Berkeley – would have expanded a bill signed into law in 2014 banning the suspension of students in grades K-3 for acts of “disruption and defiance.” Sen. Skinner’s proposal had the expressed aim of changing the law to include students through the 8th grade.

Earlier this month, California Governor Jerry Brown vetoed SB 607, EdSource reports. While it was unclear if Brown would get on onboard, considering he was opposed to legislation in 2012 that would have banned such suspensions for grades K-12, he showed this month that he would not be swayed. Gov. Brown states that local control is his main reason for rejecting the bill, just as it was in 2012.

Senator Skinner sensed that Brown would come out against her measure much like the Association of California School Administrators and the California School Boards Association. So, she wrote SB-607 to include K-8 rather than K-12, to get the support of the organizations above, hoping it would be enough for Brown as well.

“Teachers and principals are on the front lines of educating our children and are in the best position to make decisions about order and discipline in the classrooms,” said Brown, in the veto message.

Civil Rights Advocates Are Not Surprised

Kids – as everyone knows – can be unruly; punitive measures are one way to teach young people the difference between right and wrong. However, there is a significant body of evidence suggesting that “disruption and defiance” suspensions affect students of color and those with disabilities, disproportionately.

A report from UCLA’s Center for Civil Rights Remedies shows that African-American middle-schoolers lost 71 days per 100 students, almost four times the number of days of class missed by their white classmates. When students miss class frequently, they are far more likely to get in other – more severe – types of trouble. Suspension and expulsion are often the catalysts of the school-to-prison pipeline. The California Department of Education CALPADS Data, 2016-17, shows that black and brown boys were 53.3% of disruption/defiance suspensions in the 2016-17 school year, despite making up only 30.7% of CA students.

Bills like SB-607 and its predecessor are meant to force the hand of educators to utilize disciplinary measures that did not take students out of class for minor infractions, before they resort to harsher courses of action. Despite being at odds with Gov. Brown’s decision, youth and civil rights advocates are not surprised, according to the article. Moreover, they are, in a word, disappointed!

“[Brown] has rejected an opportunity to transform school climate and address a racial injustice in our schools statewide,” said Angelica Salazar, director of education equity for Children’s Defense Fund, California. Senator Skinner has not committed to introducing a new bill next year.

Juvenile Defense in California

Please contact The Law Offices of Katie Walsh if you require the assistance of an Orange County school expulsion lawyer. Attorney Walsh has overseen thousands of juvenile cases in California. Please contact us to schedule a free consultation and learn more about how Katie Walsh can advocate for your family.

Supervising children is not an easy task; managing a classroom of more than 30 adolescents is a monumental feat. It should go without saying that teaching is a profession that is at times both rewarding and thankless. Those who choose to go into the field do so because of a desire to help young people achieve their highest potential even though the classroom is usually the last place students want to be for more than 200 hundred days of the year. Those of us without the task of overseeing youngsters find it challenging to understand how teachers do it; we were all children once, so we know firsthand the patience-trying nature of teenagers.

Most adults can remember the handful of troublemakers they had to share classrooms with, those who made it a point to disrupt lesson plans day-in-and-day-out. It seems like the sole mission of some kids was to be the bane of the faculty’s existence. Although, it is likely that few of us could grasp, at the time, why certain classmates acted out; we could not know that forces outside the classroom may have driven some youngsters to rebel.

Some people can probably remember instances of their school throwing in the towel with specific students, deciding that the best thing to be done was to suspend or expel a student; if asked, the school would justify removing a problem child as being a service to the rest of the class and the teacher. Dismissing a student might lessen distractions in classrooms, but it probably did nothing to help the student in question and potentially was a jumping off point to more severe problems. Those who are expelled from high school are far more likely to face the juvenile justice system.

While people most often associate violence and drugs with suspension and expulsion, up until not too long ago faculties could adduce “willful defiance” — virtually anything that disrupts a class — as a reason to expel or suspend students. Then, in 2014, Gov. Jerry Brown signed Assembly Bill 420, eliminating willful defiance as a cause for expulsion. Since that time, California school districts have had to focus on what was behind a student’s behavior, address the problem, and help a child change their ways.

Classroom Management

If a classroom is a ship of enlightenment, the teacher is the captain, which make the students the crew. Those teens who pay attention and do their work may one day grow up to oversee a team of employees, or maybe even become teachers him or herself. As with any voyage, the captain must be both stern and fair; and, perhaps more than anything else protect the mission from mutiny. One could argue that students prone to disrupting the class are, in a sense, mutineers; on the high seas the captain might throw the offender overboard, but in the California classroom of today that frankly isn’t an option anymore. It seems the only course of action is to ensure that the “classroom captain” can manage their students effectively.

With that in mind, you may find it hard to believe that very little of a teacher’s education involves taking courses on how to manage a classroom effectively. It’s one thing to tell a teacher that a disruptive student is going to be around whether they like it or not, it’s another thing altogether to say that to an educator who lacks to the necessary skill set to manage the future generations.

“Classroom management is extraordinarily absent in teaching certification programs,” Mike Lombardo, director of prevention supports and services for the Placer County Office of Education, tells EdSource.

In fact, a survey shows that when it comes to classroom management, more than 40 percent of new teachers reported feeling either “not at all prepared” or “only somewhat prepared.” The California Commission on Teacher Credentialing is responsible for establishing best practices in teaching; last year, the commission made a requirement that new teachers have an excellent understanding of non-punitive methods of discipline, EdSource reports. Restorative justice is one such method, a technique that involves relationship building and making amends. Instead of permanently removing kids from a classroom — a practice that can have a lasting effect (i.e., run-ins with the juvenile justice system, otherwise known as the “school-to-prison pipeline”) on a student who likely is only acting out because he or she needs more support — teachers work to better understand the misbehaving student’s social and emotional needs.

“[Beginning teachers should] promote students’ social-emotional growth, development and individual responsibility using positive interventions and supports, restorative justice and conflict resolution practices to foster a caring community where each student is treated fairly and respectfully by adults and peers,” according to the California Commission on Teacher Credentialing’s new performance expectations.

Juvenile Defense Attorney

The Law Offices of Katie Walsh specialize in juvenile law. If your son or daughter is facing criminal charges or school expulsion, Attorney Walsh can advocate for you and your family in several ways. Please contact our office for a free consultation.

The so-called “school-to-prison pipeline” is a topic on many people’s minds in California. The subject is also the focus of specific laws that help avoid trapping young people in the criminal justice system; such legislation is part of a broader effort to reduce the California prison population. Seeing as many adolescents start running into problems with authority in high school, it is of value to discuss some of the difficulties that educators say they are facing in the wake of Sanders v. Kern High School District (KHSD).

It is fair to say that teenagers do not belong in adult prison systems, nor should they be expelled from school for minor infractions. However, over the years both scenarios have been a reality for many young people, especially minorities. Sanders v. KHSD, was a suit levied by the Dolores Huerta Foundation, Faith in the Valley, the National Brotherhood Foundation, and others alleging that minorities were suspended and expelled at higher rates than their white students.

Teachers in Kern County have found it difficult to rein in students of late, which they place partial blame on Sanders v. KHSD, Bakersfield.com reports. A number of teachers are targets of physical and verbal assault since the district began implementing a Positive Behavioral Interventions and Supports (PBIS) model.

PBIS and Willful Defiance

Is it possible that students, knowing they face lesser penalties for their actions, are emboldened? This year, at least ten teachers at KHSD campuses have become victims of assault, according to the article. While Sanders v KHSD may have a hand in the recent spate of abuses, there are other factors to consider. Restorative justice programs aim to get to the source of a student’s problem rather than resort to immediate suspension or expulsion. Students acting out are taken out of class and talk out their issues with trained staff. Some educators contend that PBIS allows students to continue behaving badly as they are without real punishment “helping breed a culture of misbehavior.”

Another change in recent years that could play a part in student unruliness is how schools now handle “willful defiance,” a category used to describe non-violent misbehavior in class. A bill was passed making it illegal to suspend students for willful defiance which Bakersfield High School Principal David Reese says is the real source of the problem, not PBIS, the article reports.

“It’s out of frustration of changes to the law about willful defiance, and it’s not a BHS problem or a KHSD problem. This is a frustration that crosses California and the nation as research has come in that shows suspending kids ‘willy-nilly’ for disruption of school activities or defiance needs to be clarified,” Reese said.
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