Criminalizing Youth For Non Violent Disciplinary Infractions

Texas Children With and Without diagnosed learning disabilities, are charged with a Class C misdemeanor, and ticketed for nonviolent disciplinary infractions (such as shouting in the hall, tardiness).

Not only is this the wrong way to deal with such minor infractions, these petty offenses have become a burden to taxpayers and families. The legal representation and processing personnel are required to respond to the broad differences in how schools’ administrative powers criminally charge young people for cutting up in class.

-- Should nonviolent minor infractions be charged and prosecuted as a Class C Misdemeanor?

-- Should a child with Asperger’s Syndrome, be placed in mainstream classes, without consideration for the child’s disability? Because he is in foster care, he is charged with a Class C Misdemeanor and he does not have parents to advocate for his special needs.

What Purpose is served when at an early age, children are criminalized for behavior that was once dealt with by a trip to the principal’s office?

Presently, Chapter 35 of the Texas Education Code allows school administrators to determine whether to ticket children with Class C misdemeanors for nonviolent disciplinary infractions.

Who is My Representative?

2007 Legislative Session

A 10 year-old child is taken from his family and placed in foster care on Friday evening. Monday morning, his foster parent took him to school and enrolled him in the new school. No one knew of his previous school records, his special ed placement, and the reasons for being in special education.

The child is angry that he has been taken from the only family he has known. The first person to tease him unleashes his rage and he screams and curses at this child he perceives to be picking on him.

Instead of being sent to the principal or counselor, he is ticketed with a Class C misdemeanor and before he leaves foster care, he has a full criminal record because he was angry that he was in foster care. A probation officer will now be part of his life.

Are we the only organization to see a serious problem with these actions?