***2nd Update 10/7/2022: This week in the DeKalb Municipal Code I’ve found a provision for “court supervision” that includes community service, but am leaving this recommendation in the post because at this point I don’t know if or how it’s used.
***Update 9/15/2022: Pro Publica is hosting a virtual event on the subject of police ticketing students for minor misbehavior at schools in Illinois, Tuesday, September 20. Get info/register here: Ticketed at School
The Chicago Tribune and Pro Publica jointly published an investigative report earlier this year about Illinois schools’ use of in-house police officers to issue municipal citations to children. Key points:
- Schoolchildren as young as 10 have been cited for city ordinance violations.
- There’s evidence of racial disparities in ticketing at school.
- Expungement of ordinance violations is not an option, and getting an unfair ticket overturned can entail a long and costly process.
- Claims that prosecution via municipal hearings helps keep kids out of the juvenile justice system are incorrect. The offenses don’t rise to that level of seriousness.
- Referring school disciplinary matters to police is widespread but not universal in Illinois. It’s a choice.
DeKalb schools do this. Police ticket children for infractions at school that also happen to be violations of city ordinances. In fact, the authors of the report came to DeKalb to observe the city’s administrative hearings and describe the prosecutions of children. It’s gross. Nevertheless, at around the same time the article came out, District 428 prevailed upon the city for more police resource officers, and discussion of the request revealed that DeKalb resource officers had issued citations for more than 30 fights on school premises during the last school year.
City of DeKalb is allowed under state law to withhold records that have the names of minor children on them, but I have obtained citations and orders issued to two students who were 18 at time of ticketing, as well as financial reports that don’t include personal information. DeKalb prosecuted 105 counts of fighting related to 96 citations from August 1, 2021 through May 25, 2022. Even if only 31 of them were District 428 students (probably a low estimate when factoring in the likelihood of the “takes two to tango” principle) it means one-third of the people prosecuted for fighting during this period were District 428 students.
Unfortunately, the current administrative hearing system is set up for adults and leans punitive. If DeKalb wants to continue to prosecute children on behalf of District 428, it should acknowledge its responsibilities to protect their interests as far as possible and improve the hearing procedures and ordinances most likely to involve children. Examples:
- Set a minimum age for prosecution.
- Schedule hearings so they don’t interfere with school attendance.*
- Make city social workers available for counseling and referrals.
- Require that hearing officers be trained to work with children.
- Provide alternatives to fines that provide learning opportunities. (See 2nd Update up top.)
Is DeKalb prepared to make such changes? If not, the city should leave the kids alone. District 428’s core problem with behavioral issues stems from prolonged and severe staff shortages that leave stressed and traumatized children high and dry. Find a way to help with that.
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*Some ordinances require in-person attendance at hearings, some don’t. The fighting ordinance doesn’t. However, the records I have obtained so far suggest if the person doesn’t appear, the default response tends to penalize with the highest fine and administrative fee, totaling $850, following a proceeding that is not required to meet the same evidentiary standards as a real court. I do intend to post separately about fines and fees.
Related:
Pro Publica: Database of Illinois school districts that use police to ticket students. Includes racial breakdown.
Capitol Fax recently rounded up articles on the issues of state and national teacher shortages.
The Daily Beast: 14-year-old girl faces assault charges for throwing baby carrot at teacher
City Barbs: Children as city revenue sources
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