Chicago Tribune (Sunday)

Calling the cops every other day

School for children with disabiliti­es regularly turns in students to police

- By Jennifer Smith Richards | Chicago Tribune and Jodi S. Cohen | ProPublica

On the last street before leaving Jacksonvil­le, there’s a dark-brick one-story building that the locals know as the school for “bad” kids. It’s actually a tiny public school for children with disabiliti­es. It sits across the street from farmland and is 2 miles from the Illinois city’s police department, which makes for a short trip when the school calls 911. Administra­tors at the Garrison School call the police to report student misbehavio­r every other school day, on average. And because staff members regularly press charges against the children — some as young as 9 — officers have arrested students more than 100 times in the last five school years, an investigat­ion by the Chicago Tribune and ProPublica found. That is an astounding number given that Garrison, the only school that is part of the Four Rivers Special Education District, has fewer than 65 students in most years.

No other school district — not just in Illinois, but in the entire country — had a higher student arrest rate than Four Rivers the last time data was collected nationwide. That school year, 2017-18, more than half of all Garrison students were arrested.

Officers typically handcuff students and take them to the police station, where they are fingerprin­ted, photograph­ed and placed in a holding room. For at least a decade, the local newspaper has included the arrests in its daily police blotter for all to see.

April 2019: A 10-year-old boy was arrested at 1:54 p.m. Thursday on an aggravated battery charge after

police say he threw a shoe at a teacher at Garrison Alternativ­e School.

August 2019: A 15-year-old boy was arrested on a charge of criminal damage to state supported property after he was accused of throwing a desk at Garrison Alternativ­e School at 10:25 a.m. Monday.

September 2022: A 15-yearold boy was arrested at 9:41 a.m. Tuesday on an aggravated battery charge after being accused of pushing a teacher at Garrison Alternativ­e School, 936 W. Michigan Ave.

The students enrolled each year at Garrison have severe emotional or behavioral disabiliti­es that kept them from succeeding at previous schools. Some also have been diagnosed with autism, ADHD or other disorders. Many have experience­d horrifying trauma, including sexual abuse, the death of parents and incarcerat­ion of family members, according to interviews with families and school employees.

Getting arrested for behavior at school is not inevitable for students with such challenges. There are about 60 similar public special education schools across Illinois, but none comes anywhere close to Garrison in their number of student arrests, the investigat­ion found.

The ProPublica-Tribune investigat­ion — built on hundreds of school reports and police records, as well as dozens of interviews with employees, students and parents — reveals how a public school intended to be a therapeuti­c option for students with severe emotional disabiliti­es has instead subjected many of them to the justice system.

It is “just backward if you are sending kids to a therapeuti­c day school and then locking them up. That is not what therapeuti­c day schools are for,” said Jessica Gingold, an attorney in the special education clinic at Equip for Equality, the state’s federally appointed watchdog for people with disabiliti­es.

“If the school exists for young people who need support, to think of them as delinquent­s is basically the worst you could do. It’s counter to what should be happening,” Gingold said.

Because of the difficulti­es the students face in regulating their emotions, these specialize­d schools are tasked with recognizin­g what triggers their behavior, teaching calming strategies and reinforcin­g good behavior. But Garrison doesn’t even offer students the type of help many traditiona­l schools have: a curriculum known as social emotional learning that is aimed at teaching students how to develop social skills, manage their emotions and show empathy toward others.

Tracey Fair, director of the Four Rivers Special Education District, said it is the only public school in this part of west central Illinois for students with severe behavioral disabiliti­es, and there are few options for private placement. School workers deal with challengin­g behavior from Garrison students every day, she said.

“There are consequenc­es to their behavior and this behavior would not be tolerated anywhere else in the community,” Fair said in written answers to reporters’ questions.

Fair, who has overseen Four Rivers since July 2020, said Garrison administra­tors call police only when students are being physically aggressive or in response to “ongoing” misbehavio­r. But records detail multiple instances when staff called police because students were being disobedien­t: spraying water, punching a desk or damaging a filing cabinet, for example.

“The students were still not calming down, so police arrested them,” wrote Fair, speaking on behalf of the district and the school.

This year, the Tribune and ProPublica have been exposing the consequenc­es for students when their schools use police as disciplina­rians. The investigat­ion “The Price Kids Pay” uncovered the practice of Illinois schools working with local law enforcemen­t to ticket students for minor misbehavio­r. Reporters documented nearly 12,000 tickets in dozens of school districts, and state officials moved quickly to denounce the practice.

This latest investigat­ion further reveals the harm to children when schools abdicate student discipline to police. Arrested students miss time in the classroom and get entangled in the justice system. They come to view adults as hostile and school as prisonlike, a place where they regularly are confined to classrooms when the school is “on restrictio­n” because of police presence.

U.S. Department of Education and Illinois officials have reminded educators in recent months that if school officials fail to consider whether a student’s behavior is related to their disability, they risk running afoul of federal law.

But unlike some other states, Illinois does not require schools to report student arrest data to the state or direct its education department to monitor police involvemen­t in school incidents. Legislativ­e efforts to do so have stalled over the past few years.

In response to questions from reporters about Garrison, Illinois Superinten­dent of Education Carmen Ayala said the frequent arrests there were “concerning.” An Illinois State Board of Education spokespers­on said a state team visited the school this month to examine “potential violations” raised through ProPublica and Tribune reporting.

The team confirmed an overrelian­ce on police and, as a result, the state will provide training and other profession­al developmen­t, spokespers­on Jackie Matthews said.

“It is not illegal to call the police, but there are tactics and strategies to use to keep it from getting to that point,” Matthews said.

Ayala said educators cannot ignore their responsibi­lity to help students work through behavioral issues.

“Involving the police in any student issue can escalate the situation and lead to criminal justice involvemen­t, so calling the police should be a last resort,” she said in a written statement.

In 2018, Jacksonvil­le police arrested a student named Christian just a few weeks into his first year at Garrison, when he was 12 years old. His “disruptive” behavior earlier in the day — he had knocked on doors and bounced a ball in the hallway — had led to a warning: “One more thing” and he would be arrested, a school report said. He then removed items from an aide’s desk and was “being disrespect­ful,” so police were summoned. They took him into custody for disorderly conduct.

Christian has attention-deficit/ hyperactiv­ity disorder, post-traumatic stress disorder and opposition­al defiant disorder. Now 16, he has been arrested at Garrison several more times and was sent to a detention center after at least one of the arrests, he and his mother said.

He stopped going to school in October; his mother said it’s heartbreak­ing that he’s not in class, but at Garrison, “it’s more hectic than productive. He’s more in trouble than learning anything.”

“If they call the police on you, you are going to jail,” Christian told reporters. “It is not just one coming to get you. It will be two or three of them. They handcuff you and walk you out, right out the door.”

Handcuffs and holding rooms

Just over an hour into the school day on Nov. 15, two police cars rushed into the Garrison school parking lot and stopped outside the front doors. Three more squad cars pulled in behind them but quickly moved on.

Principal Denise Waggener had called the Jacksonvil­le police to report that a 14-year-old student had been spitting at staff members. When police arrived, one of the officers recognized the boy, because he had driven him to school that morning. The student had missed the bus and called police for help, according to a police report and 911 call.

School staff had placed the boy in one of Garrison’s small cinderbloc­k seclusion rooms for “misbehavio­r,” police records show. A school worker told the officer she had been standing in the doorway of the seclusion room when the boy spit and it landed on her face, glasses and shirt.

The child “initially stated he did not spit at anyone, but then said he did spit,” according to the police report, “but instantly regretted doing so.” The report said the child “stated he knew right from wrong, but often had violent outbursts.”

The worker asked to press charges, and the officer arrested the boy for aggravated battery.

One officer told the child he was under arrest while another searched and handcuffed him. They put him in the back seat of a squad car, drove him to the police station, read him his rights and booked him. Officers told the boy the county’s probation department would contact him later, and then they dropped him off with a guardian, records show.

The Tribune and ProPublica documented and analyzed 415 of Garrison’s “police incident reports” dating to 2015 and found the school has called police, on average, once every two school days.

The reports, written by school staff and obtained through public records requests, describe in detail what happened up until the moment police were called. These narratives, along with recordings of 911 calls, show that school workers often summon police not amid an emergency but because some

one at the school wants police to hold the child responsibl­e for their behavior.

About half the calls were made for safety reasons because students had fled the school. Those students rarely were arrested. Students whom police did arrest were most often accused of aggravated battery and had been involved in physical interactio­ns such as spitting or pushing; by state law, any physical interactio­n with a school employee elevates what would otherwise be a battery charge to aggravated battery. The next most common arrest reasons were disorderly conduct, resisting arrest and property damage.

The school once called police after a student was told he couldn’t use the restroom because he “had done nothing all morning,” records show. The boy got upset, left the classroom anyway and broke a desk in the hallway.

The school called police on a 12-year-old who was “running the halls, cussing staff.”

And the school called the police when a 15-year-old boy who was made to eat lunch inside one of the school’s seclusion rooms threw his applesauce and milk against the wall.

Police arrested them all. “These students, I would imagine, feel like potential criminals under threat,” said Aaron Kupchik, a sociologis­t at the University of Delaware who studies punishment and policing in schools.

“We are taking the actions of young people, and, rather than trying to invest in solving real behavioral problems that are very difficult, we are just exposing them to the legal system and legal system consequenc­es.”

Jacksonvil­le Chief of Police Adam Mefford said officers respond to every 911 call from Garrison on the assumption it’s an emergency, and as many as five squad cars can respond. Police often find a child in a seclusion room, Mefford said.

Officers determine whether a law has been broken but leave the decision whether to press charges to the school staff, he said. Police sometimes issue tickets to Garrison students for violating local ordinances, though arrests are far more common.

“The school errs on the side of pressing charges,” Mefford said. “They typically have the student arrested.”

He wondered whether school administra­tors call police so frequently because it’s become a habit that’s difficult to stop. “The school has gotten used to us handling some of these problems,” Mefford said.

Once arrested, the students are taken to the police station until parents pick them up or an officer takes them home. One mother told reporters that her 10-year-old son, who has autism and ADHD, was “bawling, freaking out,” when she picked him up after he was booked at the jail.

Mefford said he tried to make the experience less traumatic by moving the booking process from the county detention facility to the police station in 2021. He also said police refer students and their families to services in the community, such as counseling or substance abuse help.

After they are booked, students are screened to determine if they should be sent to a juvenile detention facility. Most are assigned to an informal alternativ­e to juvenile court that Morgan County court officials regularly use, said Tod Dillard, director of the county’s probation department.

These young people avoid going to juvenile court, but the “probation adjustment” process also requires them to admit guilt and denies them a public defender. Students must periodical­ly report to a probation officer, typically for a year.

Violating the probation terms, such as by skipping school or getting arrested again, could lead to juvenile delinquenc­y charges. In a juvenile court case, a student’s record of previous informal probation can be used when considerin­g bail or sentencing.

Garrison has some students who are 18 and older, and they can be charged as adults. In 2020, an 18-year-old Garrison student was arrested for disorderly conduct after he “caused a disturbanc­e” when he threw a cup of water and punched a pencil sharpener, court records show. That student spent four days in jail and was held on $3,000 bail. He pleaded guilty and was ordered to pay $439 in court costs and $10 a month in probation fees.

Even for younger students, juvenile charges related to Garrison can later have consequenc­es in adult court. If they are arrested again after they turn 18, prior cases can be used to illustrate that they have a police record.

The boy who spit in anger this fall at Garrison now has an aggravated battery arrest on his record. Even Fair, the school’s director, found the decision to arrest the child troubling.

The day after the boy was taken into custody, Fair told reporters she knew the child had been arrested but said she did not know why school administra­tors had called police. Reporters told her it had been for spitting on one of her employees.

“That’s not arrestwort­hy. That is not what we should be about,” Fair said. In a later interview, after learning more about the incident, Fair said staff considered the student aggressive and said, “I guess they did what they thought was right.”

From empathy to ‘coercive babysittin­g’

Bev Johns, a local educator, founded Garrison in 1981 with just two students — and a belief that with a caring staff and the right support, they could be successful.

The children had exhibited such disruptive behavior that staffers at their home schools felt ill-equipped to teach them. Her solution: Open a school designed to teach students not just academic subjects but how to manage their behavior. It became part of the Four Rivers Special Education District, a regional cooperativ­e that today provides services to students in school districts across eight mostly rural counties.

The school was considered groundbrea­king, and many of the techniques that Johns implemente­d at Garrison are still widely considered best practice for managing challengin­g behavior: giving students space when they’re upset, teaching them ways to manage their emotions and giving them choices rather than shouting demands.

Those techniques often involve trying to understand what’s driving a student’s behavior. A student shoving papers off their desk may feel overwhelme­d and need assignment­s in smaller increments. A student struggling to sit still may need classwork that involves them moving around the room.

Taking the students’ disabiliti­es into account when they misbehave is now a firmly entrenched concept in education. In fact, it’s federal law.

“There’s a requiremen­t both in the law — and just morally — that kids with disabiliti­es are not supposed to be punished for behaviors that are related to their disability, or caused by it, or caused by the school’s failure to meet their needs,” said Dan Losen, director of the Center for Civil Rights Remedies at the University of California, Los Angeles.

Johns, who led Garrison until 2003, has dedicated her career to these ideas. She published research about “the Garrison method” to help other educators, taught at a nearby college and continues to speak regularly at conference­s.

“Choice is such a powerful strategy. It’s such an easy interventi­on,” Johns recently told a standingro­om-only crowd at an Illinois special education convention in Naperville. And schools should look welcoming too, she said. “I see some schools that look like prisons. Why would a child want to go there?”

The Garrison of today isn’t a prison, but it relies on rules and methods meant to manage students.

In recent years, staffers sometimes took away students’ shoes to discourage them from fleeing, though Fair said that has not happened under her watch. Before a recent Illinois law banned locked seclusion in schools, Garrison workers used to shut students inside one of the school’s several seclusion rooms — staff members would stand outside and press a button to engage a magnetic lock. The doors have since been removed, but the “crisis rooms” are still used. The Four Rivers district reported to ISBE that workers had restrained or secluded students 155 times in the 2021-2022 school year — three times as many incidents as students.

“They would lock me in a concrete room and then close the door on me and lock it. I would freak out even worse,” said an 18-year-old named Max, who left the school in 2020.

Some of the school’s aides are assigned to one of two “crisis teams” of four employees each that respond to classrooms and can remove students who are upset, disobedien­t or aggressive.

Employees’ handwritte­n records describe several incidents where they confined a child to a small area inside the classroom. In one case, the crisis team made a “human wall” around a 14-yearold student who was wandering in the classroom, swearing and being disruptive. A 16-year-old student told reporters that school employees drew a box around his desk in chalk and told him not to leave the area or there would be consequenc­es.

Charles Cropp, who has worked as part of crisis teams at Garrison on and off since 2009, said he and his colleagues try to help students learn how to calm down when they are upset. He said teams aim to help students learn how to manage their emotions but that sometimes the young people also need to be held “accountabl­e” when they are physical or disruptive.

“I was one that never really cared to watch kids get escorted out in handcuffs,’’ said Cropp, who returned to the school full time in late November. “I never liked it but in the same sense, they have to learn when you graduate and you are an adult in the public, you can’t do those things.’’

Jen Frakes, a board-certified behavior analyst who worked at Garrison in 2015-16, described the culture at Garrison as “coercive babysittin­g.” She said she never saw a situation that warranted arresting a student.

“It seemed more of a power dynamic of ‘You’ll either follow my rules or I will show you who’s in charge,’ ” said Frakes, who runs a Springfiel­d business that helps schools and families learn to work through challengin­g behavior. “When I saw a kid get arrested, he was sitting underneath his desk calm and quiet, and they came in and arrested him.”

This isn’t how other schools similar to Garrison are handling difficult student behavior.

Reporters identified 57 other public schools throughout Illinois that also exclusivel­y serve students with severe behavioral disabiliti­es. To determine how often police were involved at those schools and why, reporters made public records requests to all of the schools and to the police or sheriff ’s department­s that serve each one. Reporters were able to examine police records for 50 schools.

The two schools with the most arrests during the last four school years had 16 and 18, respective­ly. At 23 of the schools, no students were arrested in that period; six schools had only one arrest.

By comparison, five students were arrested at Garrison by mid-November of this school year alone, according to school and police records.

John McKenna, an assistant professor specializi­ng in special education at the University of Massachuse­tts at Lowell, said arresting students not only criminaliz­es them but also takes them out of the classroom.

“Kids are supposed to be receiving instructio­n and support and not opportunit­ies to enter the school-to-prison pipeline,” he said.

“If you don’t provide kids with academic instructio­n, particular­ly those with behavior and emotional needs, the gaps between their performanc­e and the peers who don’t have disabiliti­es grows exponentia­lly and sets them up for failure,” McKenna said.

The fact that Garrison students have disabiliti­es that may explain some of their behavior appears to be lost on many of the officials who encounter them in the justice system; some described Garrison as a school for delinquent­s, not disabled children. A public defender tasked with representi­ng students in juvenile court described the children as having been “kicked out” of their regular schools. An assistant state’s attorney thought students at Garrison had been “expelled” from traditiona­l schools. Neither of those descriptio­ns is accurate.

Rhea Welch, who worked under Johns and retired in 2016, said that during her 26 years as a teacher at Garrison it was not a place that relied heavily on police. “You don’t want your kids arrested, for heaven’s sake. You want to be able to work with them so that doesn’t happen, so they’re more in control,” she said.

For Johns, Garrison is no longer the school she remembers. Students need positive feedback, she said, not constant reprimands from and clashes with the adults they are supposed to trust.

“I always say when you’re having trouble with a child, the first place you look is yourself,” she said.

Johns read some of the school’s recent police incident reports and said she found them “bothersome,” adding, “It’s obviously hard for me to watch what’s happened.”

‘I did everything I could to get him out’

Gabe, a 12-year-old boy with autism, likes to share with anyone who will listen all the details of his Pokemon collection and has gotten good at using online translator­s to read the cards with Japanese lettering on them. His stepmother, Lena, said that over the years Gabe has learned to ask for what he needs. When he gets overstimul­ated at home, he asks for space by saying: “I need you to back up.”

(When using the last name of a parent would identify the student —— and in doing so, create a publicly available record of the student’s arrest —— ProPublica and the Tribune are referring to the parent by first name only.)

Gabe ended up at Garrison in 2019 after having difficulty in traditiona­l schools. He will sometimes yell and lash out when frustrated.

Lena said school officials asked her to pick up Gabe if he got upset. “I would hear Gabe screaming, and then heard them screaming back at him,” she said. “He’d say, ‘Leave me alone! Leave me alone!’ And they’d still get up in his face.”

And then one day, Gabe and Lena said, school workers barricaded him at his desk by pushing filing cabinets around it. He pushed over one of the cabinets while trying to get away, and the

 ?? ARMANDO L. SANCHEZ/CHICAGO TRIBUNE ?? An officer walks outside the Garrison School in Jacksonvil­le, Ill., in November. A school administra­tor had called the police after an incident with a student.
ARMANDO L. SANCHEZ/CHICAGO TRIBUNE An officer walks outside the Garrison School in Jacksonvil­le, Ill., in November. A school administra­tor had called the police after an incident with a student.
 ?? ?? Buses from school districts throughout an eight-county region of rural Illinois bring students to the Garrison School in Jacksonvil­le on a morning in November.
Buses from school districts throughout an eight-county region of rural Illinois bring students to the Garrison School in Jacksonvil­le on a morning in November.
 ?? ?? Tracey Fair, director of the Four Rivers Special Education District, which runs the Garrison School, speaks at a November meeting of the district’s board.
Tracey Fair, director of the Four Rivers Special Education District, which runs the Garrison School, speaks at a November meeting of the district’s board.
 ?? ARMANDO L. SANCHEZ/CHICAGO TRIBUNE PHOTOS ?? Doors lead to classrooms at the Garrison School, a public special education school for students with severe emotional or behavioral disabiliti­es.
ARMANDO L. SANCHEZ/CHICAGO TRIBUNE PHOTOS Doors lead to classrooms at the Garrison School, a public special education school for students with severe emotional or behavioral disabiliti­es.
 ?? ARMANDO L. SANCHEZ/CHICAGO TRIBUNE ?? Garrison workers were recently trained in the Ukeru method, a crisis interventi­on system that uses blue shields to block students’ physical aggression in place of physical restraint.
ARMANDO L. SANCHEZ/CHICAGO TRIBUNE Garrison workers were recently trained in the Ukeru method, a crisis interventi­on system that uses blue shields to block students’ physical aggression in place of physical restraint.
 ?? ARMANDO L. SANCHEZ/CHICAGO TRIBUNE ?? Jacksonvil­le, Ill., police bring the Garrison School students they arrest to this booking area at the police station to be fingerprin­ted and photograph­ed.
ARMANDO L. SANCHEZ/CHICAGO TRIBUNE Jacksonvil­le, Ill., police bring the Garrison School students they arrest to this booking area at the police station to be fingerprin­ted and photograph­ed.
 ?? OBTAINED BY PROPUBLICA AND THE CHICAGO TRIBUNE ?? One of the seclusion rooms at the Garrison School, called “crisis rooms,” in 2019.
OBTAINED BY PROPUBLICA AND THE CHICAGO TRIBUNE One of the seclusion rooms at the Garrison School, called “crisis rooms,” in 2019.

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