Children are disappearing into the night and fog of solitary confinement in jails and schools

A seclusion room in Horn Elementary School in Iowa City

Across the United States, we continue to torture children by throwing them into segregated, solitary confinement, and this happens as often in schools as it does in jails in prisons. Children are disappearing. That children are disappearing is not new. That we continue to disappear children is also not new, but it is shameful, and it’s a shame that reaches every day deeper and deeper into our collective spirit and individual souls.

Last week, the civil rights division of the United States Department of Justice gave formal support to a lawsuit filed last year against the Onondaga County Sheriff’s Office for its ongoing and regular practice of placing 16- and 17-year-olds in solitary confinement at the county jail. Last year, the New York Civil Liberties Union and Legal Services of Central New York charged that, between October 2015 and August 2016, the Onondaga County Justice Center dumped 80 teens, mostly youth of color, into solitary confinement. The Department of Justice endorsement of the case noted, “The Civil Rights Division has previously exercised the United States’ authority under CRIPA and Section 14141 to address issues related to the use of solitary confinement on juveniles in jails, including in the Jefferson County Jail in Alabama, the Hinds County Jail in Mississippi, the New York City Department of Correction Jails on Rikers Island, and the Baltimore City Detention Center in Maryland. The Division also has addressed the use of solitary confinement in juvenile detention facilities, including in the Scioto and Marion Juvenile Correctional Facilities in Ohio and the Leflore County Juvenile Detention Center in Mississippi.”

According to Donna Lieberman, NYCLU Executive Director, “The Department of Justice’s involvement shows that what is happening to children at the Justice Center is not simply a tragedy for Syracuse, but it is a national disgrace. Children must be protected from the tortures of solitary confinement.”

The disgrace is not limited to prisons and jails. Last month, a complaint was filed against the Iowa City school district, charging that the district’s use of seclusion rooms violates Federal law, primarily because parents don’t know that the seclusions rooms exist and are being used and because the use of seclusion rooms is broader and more `ordinary’ than the law allows. During the 2013-14 school year, most of the students dumped into solitary confinement were students with diagnosed disabilities and individualized education plans. Half of the students with education plans who were sent to seclusion rooms were Black. Other than students with education plans, ALL of the students dumped into seclusion rooms in the 2013 – 2014 were Black. Black students comprise about 19% of the school population.

The good news, such as it is, is that these dismal mathematics are being challenged, and that occasionally something like decency wins. Torturing children is wrong. Children do matter. So do the adults who surround them. At the same time, consider how much energy, labor, work, investment is required to protect children, our children, your children, their children, from torture, every single day. Every single day, across the United States, children are disappearing, forgotten children who haunt the days and ways of our world.

 

(Photo Credit: The Gazette)

The ordinary everyday torture of schoolchildren

Trevon Hanks

Everyday, across the United States, children leave home and go off to school, where they are routinely tortured. It’s the price of running an efficient country.

Across the United States, school systems are being charged with Taser abuse of children, and especially of children of color and children living with disabilities. The U.S. Department of Justice has charged Wake County, North Carolina, for violation of students’ constitutional rights. Eight students are named in the complaint. They’re all Black. The violation consists of overly high rates of arrest and use of extreme violence, including use of Tasers, pepper spray, and choke holds.

In Syracuse, New York, two students and the New York ACLU are charging the school system with similar violations. In the case of one student, Trevon Hanks, his crime was breaking down and crying. Hanks had been out of school for medical reasons, and had tried to make up for lost time. On his eighteenth birthday, he found out that he would not graduate on time, and he broke down, literally. Crying, in a near fetal position on the floor, the school police came and assaulted him, including using a Taser. As in North Carolina, the stories are the tip of an iceberg.

The iceberg extends beyond this school system or that.

In Texas last year, Noe Niño de Rivera was Tasered by two school police officers. Niño de Rivera collapsed, fell to the floor, and suffered severe brain hemorrhage. After 52 days in induced coma, Niño de Rivera is not expected to fully recover … ever. Staff can’t use Tasers in juvenile detention, but in the school corridors, it’s all good.

In Wisconsin, students, parents, advocates struggle with a system-wide over reliance on seclusion rooms and physical restraint. In Luzerne County, Pennsylvania, students, parents, advocates continue to struggle with the aftermath of the “kids for cash” regime, in which thousands of children were sent off to juvenile detention, and sometimes adult prisons, for minor, and status.

In Santa Ana, California, a 14-year-old boy was tagging a tree with graffiti, when a police officer happened by. The officer jumped on the boy, who called out for help. The officer put the boy in a chokehold. The boy continues to cry out for help. “Stop fighting me,” shouted the officer. “I’m not fighting you,” replied the boy. Witnesses called on the officer to stop. One witness, Elvia Fernandez, tells the boy, in Spanish, “Relax. Don’t move.” The officer shouts at her to stop speaking in Spanish.

Seclusion rooms. Tasers. Choke holds. Harassment. Intimidation. Much of this is directed at students of color and at student living with disabilities. On one hand, the school system has always bullied its minorities. Some must learn to accept their roles as the persecuted. But there’s more. School systems invest in `scientific’ seclusion rooms and `technologically advanced’ Tasers. School police are trained in the most efficient ways to disable an offender.

What is lost in this porridge of science and technology? Children. Some children, by their very presence, impede the efficient engine of education. They must be punished, and they are. They must be tortured, and they are, across the entire nation.

 

(Photo credit: NYCLU)