The school-to-prison pipeline is gaining fuel based on inappropriate behavior on social media. The pipeline is the trend of funneling students from public schools into the criminal justice system. African-American youth have been the most impacted by the pipeline.
Even worse, the U.S. Department of Education has new research that shows the pipeline starts at preschool for black students. According to the American Civil Liberties Union, black students represent 31 percent of school-related arrests. It started with the zero tolerance policies of the 1990s that saw students being criminalized for minor school infractions such as improper dress, disruption of a public school, obstruction, etc.
Although zero tolerance policies have started to fade away, inappropriate conduct on social media is bringing new fuel to the pipeline. New issues such as cyberbullying have traditionally been perceived as an activity that takes place online in the comfort of the cyberbully’s home.
New research indicates that cyberbullying is now crossing over from the online world to the offline world. Guess where those incidents are taking place? At your local school system. School systems have noticed this trend and have started to put in place measures to address these issues.
More than 45 states, plus local governments, have laws and policies that protect victims from bullying and cyberbullying. Some state cyberbullying codes protect victims on the school ground and outside school grounds.
For example, Georgia laws on cyberbullying covers events within the walls of the school, during extracurricular activities, on the school bus and even at designated school bus stops. Therefore, a kid who is engaged in cyberbullying at the bus stop is in violation of the law if caught and turned in to the school administration. Missouri has a new law that considers inflicting emotional distress a felony. Cyberbullying incidents fall under this new law, which requires school systems, under mandatory reporting statutes, to refer incidents to law enforcement.
Unfortunately, most of these laws do not have specific guidelines for schools to follow. Principals are handicapped in determining when to handle a cyberbullying incident at school or when to refer it out to law enforcement. One principal of a Title 1 school in Clayton County, Georgia, told me about a similar situation. He said:
“Man, I get these students that get involved in this cyberbullying beef over the weekend on Instagram. When they come to school on Monday they are ready to fight. I had two young men in my office that I literally had to stand between them to prevent a fight based upon something that happened on social media.”
No school wants to be subjected to a civil lawsuit from a family for not following the law. Thus, most schools refer out to law enforcement and allow juvenile courts to sort it out, which only cements the school-to-prison pipeline.
In most cases, this pipeline causes nonviolent offenders to be introduced and admitted into the criminal justice system. Students can spend up to 72 hours in a juvenile detention center before coming before a judge. That’s 72 hours of meeting and being introduced to antisocial peers at the detention center. That’s 72 hours of learning new criminal activities or a hustle to try when you return home.
In 2004 Clayton County decided to act on their school-to-prison pipeline. Juvenile court Judge Steven Teske noticed a heavy increase in referrals to law enforcement from school officials. This trend started around the same time the Board of Education stationed school resource officers in the school system.
To decrease the number of youth coming to court for school-related nonviolent offenses such as disruption of a public school, the Clayton Juvenile Court collaborated with the juvenile justice system, the school system, social service providers and law enforcement to create a memorandum of understanding (MOU) to limit the number of referrals made to juvenile court.
Minor delinquent acts such as obstruction, disorderly conduct and disruption of public school have to go through a three-step process before the filing of a complaint. For the first complaint, youth receive a written warning based upon their behavior. For the second, youth are referred to school mediation to resolve the problem. A third complaint results in the filing of a complaint to be referred to juvenile court.
Director of Court Services Colin Slay told me “the MOU with the school system has eliminated the school-to-prison pipeline in Clayton County.” Students who are engaged in internet “beefs” that cross over to school are handled through normal school disciplinary procedures and the outlined MOU.
More counties should create policies that mediate social media “beefs,” conflicts, etc. before formal charges are filed and youth end up in the juvenile justice system. As we know, teenagers will be teenagers, but it is also time for adults to be adults and shut down this emerging pipeline that is impacting black youth.
Sedgrid Lewis is the state director of Community Solutions, a nonprofit organization that specializes in evidence-based programs to prevent the school-to-prison pipeline.