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Pennsylvania House of Representatives
04/28/2024 09:37 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=40935
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: June 6, 2023 03:11 PM
From: Representative Carol Hill-Evans and Rep. Natalie Mihalek
To: All House members
Subject: Juvenile Justice - Ensuring Equitable Responses to Youth Behavior in Schools Act
 
Educational success is a key driver of stability in adulthood. But to achieve educational success for all young people, school officials, law enforcement, and others who work with students, we must seek to avoid juvenile justice involvement and instead use school- and community-based restorative tools to address young people’s misbehavior. Data shows that not all schools are living up to that goal:
 
  • Federal data show that Pennsylvania is out of step with national practice, with a rate of law enforcement referral 2.7 times greater than the national average and higher than that of every bordering state.
  • Pennsylvania Department of Education data show minor infractions – rather than serious behavior like firearms possession – drive most referrals to law enforcement in schools. The most common infractions leading to law enforcement contact are schoolyard fights where there is no aggressor and no major injury; disorderly conduct; and infractions related to drug, tobacco, or vaping possession.
  • More punitive responses to school behavior are not imposed equitably. Incidents involving Black girls in Pennsylvania schools are three times more likely than those involving White girls to incur law enforcement notification, and students with individualized education plans (IEPs) make up one-third of notifications.
 
Many jurisdictions are already deploying successful diversionary approaches to address young people’s needs without a court referral. These alternatives, including restorative practices, mental health services, and other school-based interventions, allow law enforcement to focus on the most serious behaviors that truly threaten community safety. This legislation will ensure effective practices are in place statewide, no matter where a young person lives.
 
This act expands school diversion across the state, to ensure that youth have a chance at in-school resolution in lieu of court referral for less serious issues; creates a recurring funding stream for schools to support those diversion programs; and makes provisions for improved school stability for youth while they’re in juvenile justice placements and when they return to the community.
 
Please consider joining us in co-sponsoring this important legislation.


Introduced as HB1555