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Georgia Handcuffing Of Kindergartner For Tantrum Renews School Policing Debate

By JERI CLAUSING 04/18/12 05:05 PM ET AP

Police Handcuff Kindergartner

ALBUQUERQUE, N.M. — A New Mexico teacher asked a 13-year-old girl to stop talking with her friend and move to another seat. The girl refused. The teacher called the police.

The case is among thousands across the country fueling a long-simmering debate over when educators should bring in the police to deal with disruptive students. A 6-year-old Georgia kindergartner became the latest test case last week when she was hauled off in steel handcuffs after throwing books and toys in a school tantrum.

"Kids are being arrested for being kids," said Shannon Kennedy, a civil rights attorney who has filed a class-action lawsuit against Albuquerque's public school district and its police department on behalf of hundreds of kids arrested for minor offenses over the past few years, including having cellphones in class, destroying a history book and inflating a condom.

Police were put in many schools across the country in the 1990s in response to zero tolerance policies and tragedies like the Columbine High massacre. But many overwhelmed teachers and principals began turning to those officers to handle disciplinary issues that in years past would have landed students in detention.

Frustrated teachers aren't getting enough support from above to deal with increasingly extreme student behavior, from sexual harassment in elementary school to children throwing furniture, said Ellen Bernstein, president of the Albuquerque teachers' union.

"There is more chronic and extreme disrespect, disinterest and kids who basically don't care," Bernstein said.

Experts and educators point to a number of factors that lead to the arrests: Some officers are operating without special training. Some teachers fear that their physical intervention could lead to lawsuits. School administrators are desperate to get the attention of uninvolved parents. And overwhelmed teachers are unaware that calling in the police to defuse a situation could lead to serious criminal charges

"I have had some concern for a while that the schools have relied a little too heavily on police officers to handle disciplinary problems," said Darrel Stephens, a former Charlotte, N.C., police chief and executive director of the Major Cities Chiefs Association.

There is little national data to back those assertions; no numbers are tracked nationally on how often police are called in to arrest students. Whether the children are actually charged and saddled with criminal records varies by case and jurisdiction. Some youngsters are charged with felonies. Some are freed without further incident. Others receive tickets.

In Milledgeville, Ga., a city of 18,000 some 90 miles from Atlanta, Salecia Johnson was accused of tearing items off the walls and throwing books and toys in an outburst Friday at Creekside Elementary. Police said she also threw a small shelf that struck the principal in the leg, and jumped on a paper shredder and tried to break a glass frame.

Police didn't say what set off the tantrum. Baldwin County (Ga.) schools Superintendent Geneva Braziel called the student's behavior "violent and disruptive" and said the police were needed to keep the student, other classmates and the school staff safe.

Salecia was handcuffed and taken away in a patrol car to the police station, where she was taken to a squad room and given a soda, police said. She won't be charged with a crime.

Her aunt, Candace Ruff, said Tuesday the girl had complained about the handcuffs; "she said they really hurt her wrists," she said. The department's policy is to handcuff everyone arrested regardless of age for safety reasons, police said.

In Florida, the use of police in schools came up several years ago when officers arrested a kindergartner who threw a tantrum during a jelly bean-counting contest. A bill was proposed this year to restrict police from arresting kids for misdemeanors or other acts that do not pose serious safety threats.

In Connecticut, court officials began tracking student arrests after becoming concerned about referrals for minor offenses. Since last March, nearly 1,700 students were arrested, almost two-thirds of them for breach of peace, minor fights and disorderly conduct.

In Texas, a December report from the nonprofit Texas Appleseed, a public interest group, says more than 275,000 non-traffic tickets are issued to juveniles each year. While it is unclear how many are written at school, the group says the vast majority are for offenses most commonly linked to incidents like disrupting the class and disorderly conduct.

Texas Sen. John Whitmire said educators and police need to better distinguish between who they are afraid of and who they are mad at.

"If you are afraid of someone because they bring a gun or drugs, of course we come down hard," Whitmire said. "It's the kids that just make you mad that you don't need to make a crime."

In Albuquerque, which started tracking arrests after noticing more minor cases coming from schools, more than 900 of the district's 90,000 students were referred to the criminal justice system in the 2009-2010 school year. Of those, more than 500 were handcuffed, arrested and brought to juvenile detention, officials said. More than 200 were arrested for minor offenses, including disorderly conduct, resisting arrest, refusing to obey and interference with staff.

Preliminary numbers indicate arrests have fallen 53 percent since the class-action lawsuit was filed in 2010, prompting law enforcement officials to order more caution.

Albuquerque school officials have declined comment on school arrests, citing the pending litigation.

But juvenile advocates and parents say first arrests could lead to more trouble.

Annette Montano says her 13-year-old son was arrested at a middle school for burping in gym class. The tension between him and school officials led to several more run-ins, she said, including a strip search after he was accused of selling drugs.

In Georgia, Salecia's family said the girl has been suspended for the school year.

Her aunt said, "We would not like to see this happen to another child, because it's horrifying."

___

Associated Press writers Dorie Turner and Jeff Martin in Atlanta, Jamie Stengle in Dallas, Michael Melia in Hartford, Conn., and Ivan Moreno in Denver also contributed to this story.

___

Follow Jeri Clausing at http://twitter.com/(hash)!/jericlausing

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ALBUQUERQUE, N.M. — A New Mexico teacher asked a 13-year-old girl to stop talking with her friend and move to another seat. The girl refused. The teacher called the police. The case is among th...
ALBUQUERQUE, N.M. — A New Mexico teacher asked a 13-year-old girl to stop talking with her friend and move to another seat. The girl refused. The teacher called the police. The case is among th...
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HUFFPOST SUPER USER
collectsrocks
It's good to be good & nice to be nice
01:37 PM on 05/28/2012
I can honestly say if my son had ever thrown a violent dangerous tantrum in school and the cops were called, I'd be down at the police station taking away that can of soda and ordering the cops to lock him up in a cell over night while telling him to sit on his butt all night and think about what he did and how to behave at the school in the future. And I've made that statement knowing full well I love my son more than my own life. I also know my son at the age of 30 would fully agree with my post.
HUFFPOST SUPER USER
Mark Mark
06:25 AM on 04/22/2012
Thank God they did this. She may have overpowered them
HUFFPOST SUPER USER
Melissa Irlandez
10:04 AM on 04/21/2012
It would have been more effective if they would have left the child in the room, no audience, door closed. Any destruction to the room her aunt would have to pay. When a child is in full tantrum mode any talking or threats just escalates the issue. I really don't think we need police to deal with this. Hire a seasoned mom to tackle it and a lawyer to make the parents pay. This young girl needs help in controlling her emotions so she can function in this world.
05:44 AM on 04/20/2012
To all those who favor arresting/involving police in disputes with kindergartners/small children:

This is not happening to white kindergartners.

This is happening to small black children in predominantly black schools. There are a myriad of ways in which black children are "prepared" for incarceration, practically conditioned to embrace a life of criminality, and funneled into a school-to-prison pipeline...

Why in God's name would any of you support the criminalizing of children -- small children -- that misbehave like most small children do?

Aren't black communities in enough crisis already with disproportionate arrest, incarceration and recidivism rates; the majority of children in foster care; children with unequal access to quality schooling; children whose parents earn 40% to 50% less than the average WHITE parent; kids who live in heavily police neighborhoods, and with the stigma of criminality that puts them at risk for murder when they have committed no other crime than being black and on the street, or being black and inside your home -- like 7 yr old Aiyana Jones was when she was shot by a SWAT policeman.

WAKE UP.

Arresting tantrum throwing kids is NOT the answer.

If the kid has emotional problems then get them counseling -- or maybe the kid didn't have breakfast and has low blood sugar -- maybe the kid comes from abusive home.

But for God's sake -- ARRESTING the child is NOT the answer.
01:47 PM on 04/21/2012
Most small children don't have rage filled tantrums where they shove down and hurt other children, injure the principal of their school by throwing a shelf at them, try to break glass, throw themselves at a paper shredder, bite doorknobs, throw furniture, etc. This kid was out of control. What else should the school have done in this situation?
HUFFPOST SUPER USER
ms lady S
life a puzzle with missing pieces
02:26 PM on 04/19/2012
This child appears to have some serious emotional and behavior problems, I wonder if the aunt is her guardian?. It's sad that the police are called to do the kindergarten disciplining now. Is there no intermediate course of action they can take?
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GracieGiraffe
I look down on other mammals
06:42 PM on 04/19/2012
It doesn't look like it - sounds like the principal couldn't control the child either. If my kid were in that class, and she's hurlling objects, the kid must be removed in whatever manner possible.
Chrna
A proud American and Union Member
11:42 AM on 04/19/2012
My kid is 16 now, if ever did anything like that in Kindergarten he knows what would have happened when he got home......handcuffs would have been a free ride. It's the lack of parenting now that is causing these problems in school
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GracieGiraffe
I look down on other mammals
06:43 PM on 04/19/2012
I agree. The teachers have no control over these kids anymore, and when they have to be restrained, they have to be restrained. My kids don't behave like this and should not be in danger from these other kids.
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cobraxus
Defend The Innocent_Protect The Weak
11:24 AM on 04/19/2012
"If you are afraid of someone because they bring a gun or drugs, of course we come down hard," Whitmire said. "It's the kids that just make you mad that you don't need to make a crime."

oh dear god.an elected official from Texas is making sense.
04:22 AM on 04/19/2012
This is where we are headed when teachers and administrators know that pulling or physically intervening when a child goes off can lead to lawsuits or losing your job because you should not have touched the student. If educators don't intervene, someone will and in this case it's the police. Society can't have it both ways. Teachers often get injured when they intervene as well so any time needed to recuperate would probably be disallowed or contested due to illegal intervention.
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11:32 AM on 04/19/2012
Exactly, no one ever makes an uproar when a teacher is injured. Take for example, several years back, in Yonker, NY Roosevelt HS when a student bashed a pregnant teacher's skull in with a hammer. And from all accounts, this student was known for violent, aggressive behavior. The student's mother offered no apologies to the injured teacher or family & made 1 excuse after another for her daughter. I have a feeling this mother would have been screaming from the top of the Empire State Building & looking to sue everyone and their brother had the teacher, in self defense injured her daughter.
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GracieGiraffe
I look down on other mammals
06:45 PM on 04/19/2012
There's a whole slew of parents out there (and I use the term "parents" loosely) who are raising these absolute barbarians who are out of control. I don't want them in the school with my kids, and my kids and the other students don't like these kids around either - children want the adults to be in control.
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HUFFPOST SUPER USER
medic628
01:23 AM on 04/19/2012
A little young to be training people to be convicts? Where are the PHD'S on this one?
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12:30 AM on 04/19/2012
Teachers, counselors and school administrators are highly trained to deal with emotional issues that occur with children. They have manuals and extensive education dealing with children. Not making excuses, but parenting usually comes without a training manual. I wouldn't think cops are trained to deal with children very well and do what they know, which is keeping peace and maintaining order. This six-year old child's tantrum should not have freaked-out these professionally trained people!
03:11 PM on 04/20/2012
The fact that it DID freak out these professionally trained people should possibly tell you something. She couldn't even be controlled by police officers.
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07:43 PM on 04/20/2012
No excuse. Arresting a 6 year old and handcuffing her is bordering on abusive. Now this child is having nightmares about the policeman coming to get her and lock her up. I am glad this child's parents are demanding answers.
10:48 PM on 04/18/2012
Salecia was handcuffed and taken away in a patrol car to the police station, where she was taken to a squad room and given a soda, police said. She won't be charged with a crime.

Getting the attention of her classmates, a free ride in a cop car, and then punished with a free soda.

She will never repeat that violent outburst until she doesn't get her way again.

Can we compromise between sending them to a gulag and rewarding them for their behavior ????

There does seem to be some latitude in these cases.
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GracieGiraffe
I look down on other mammals
06:47 PM on 04/19/2012
In Georgia, kids like this can be removed from the classroom and sent to "schools of last resort." I'm not sure about a kid this age, however.

I'm glad she's been suspended. I would not want her in a classroom with my kids, and my kids and other students are fearful of children this disruptive.
09:49 PM on 04/18/2012
"Teachers are allowed to physically restrain kids, though the methods they can use are generally specified (certain holds are allowed, others forbidden). "

No, they are not! School police are to be called. Only school police and a crisis team can restrain an out of control child.
09:06 AM on 04/19/2012
Not true in Florida. If you haave taken a certain class, any teacher or administer can physically restrain a child.
11:12 PM on 04/19/2012
No disrespect to you, RC, but that's what I mean by a Crisis Team. Individuals who have been trained to subdue an out of control child. I was a Regular Educator, not Special Ed, so I did not receive that training. Thanks for your response! Cheers!
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GracieGiraffe
I look down on other mammals
06:47 PM on 04/19/2012
Schools in GA can administer corporal punishment.
09:44 PM on 04/18/2012
"I personally would have contacted that childs mother and had this woman come to the school and deal with her child. And if that meant taking off from work or getting off the couch...her parents should have been called. "

Parents were called - SIX TIMES, with no response!
HUFFPOST SUPER USER
ms lady S
life a puzzle with missing pieces
02:30 PM on 04/19/2012
where did you read that the parents were call six times I'd like to read that article too.
07:47 PM on 04/18/2012
I have seen and heard similar antics done by adults on TV and they have not been taken away in handcuffs. Grown men urinating on public beaches was supposed to be funny. Disruption after football games that vandalized property was viewed repeatedly. Temper tantrums by divas like Paris Hilton, Brittainy Spears, Rock Stars, movie stars and their "goddesses", White children with The Nanny helping powerless mothers. . . .all without arrest or handcuffs.

Whatever happened to the professionals who were educated to help CHILDREN with behavior problems? Do they only exist for white children in majority white schools? Whatever happened to the Federal guidelines that protect Children with Behavior Problems? We have treated grown men whining about their problems better than this female child at the tender age of 6. This is disgraceful!
07:45 PM on 04/18/2012
I support the school's action. I'm certain she didn't learn how to throw tantrum's at school. Let this be a school lesson learned for and the parents. I pray they all get some form of mental help.
TYRANT357
To punish and enslave...
10:14 PM on 04/18/2012
I don't support the school's action, because the school should know how to deal with children, especially children who throw TEMPER TANTRUMS, without putting them in HANDCUFFS. They wouldn't put a white child in HANDCUFFS, not even if the kid SHOT and KILLED everyone in the classroom and BURNED down the school.
09:12 AM on 04/19/2012
Please enlighten me on what you would do with a child who was a danger to others and to herself? Obviously you have never been a teacher because my wife is and has seen white children handcuffed by resource officers. Seems like you have a chip on your shoulder...