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States That Send The Most Students To Police, Courts

Photo: Kayleb Moon-Robinson —who is diagnosed as autistic— had barely started sixth grade last fall in Lynchburg, Virginia, when a school resource officer filed charges against him. Kayleb was charged with disorderly conduct for kicking over a trash can and then with felony assault on a police officer because he struggled to break free when the cop grabbed him. The Center for Public Integrity analyzed national data and found that Virginia schools refer more students to law enforcement than other states, and that nationally schools refer black and special-needs kids to cops and courts disproportionately.  – Charlie Archambault for the Center for Public Integrity

Kayleb Moon-Robinson was 11 years old last fall when charges — criminal charges — began piling up at school.

Diagnosed as autistic, Kayleb was being scolded for misbehavior one day and kicked a trash can at Linkhorne Middle School in Lynchburg, Virginia, in the Blue Ridge Mountains. A police officer assigned to the school witnessed the tantrum, and filed a disorderly conduct charge against the sixth grader in juvenile court.

Just weeks later, in November, Kayleb, who is African-American, disobeyed a new rule — this one just for him — that he wait while other kids left class. The principal sent the same school officer to get him.

“He grabbed me and tried to take me to the office,” said Kayleb, a small, bespectacled boy who enjoys science. “I started pushing him away. He slammed me down, and then he handcuffed me.”

In an incident report, a teacher confirmed that the officer spoke to Kayleb, then grabbed him around the chest, and that Kayleb cursed and struggled. School officials won’t comment on this case, but say that police in schools are crucial to providing a safe atmosphere and protecting against outside threats. Stacey Doss, Kayleb’s mother and the daughter of a police officer herself, was outraged.

Educators stood by, she said, while the cop took her son in handcuffs to juvenile court. The officer filed a second misdemeanor disorderly conduct complaint. And he also submitted another charge, a very grown-up charge for a very small boy: felony assault on a police officer. That charge was filed, Doss said the officer told her, because Kayleb “fought back.”

“I thought in my mind — Kayleb is 11,” Doss said. “He is autistic. He doesn’t fully understand how to differentiate the roles of certain people.”

To Doss’ shock, a Lynchburg juvenile court judge found Kayleb guilty of all those charges in early April, which could prove life-altering.

The young student’s swift trip into the criminal justice system might seem like a singular case of tough discipline. But he’s not alone.

In fact, U.S. Department of Education data analyzed by the Center for Public Integrity show that Virginia schools in a single year referred students to law enforcement agencies at a rate nearly three times the national rate. Virginia’s referral rate: about 16 for every 1,000 students, compared to a national rate of six referrals for every 1,000 students. In Virginia, some of the individual schools with highest rates of referral — in one case 228 per 1,000 — were middle schools, whose students are usually from 11 to 14 years old.

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