AUSTIN, Texas — Bryan Independent School 
District's use of school resource officers to issue criminal sanctions 
for a range of minor student misbehavior unlawfully impacts 
African-American students, who are "cited" at a rate four times that of 
other students, according to a complaint filed today with the U.S. Department of Education's Office for Civil Rights (OCR), on behalf of the public interest law center Texas Appleseed and the Brazos County branch of the NAACP.
Attorneys with the NAACP Legal Defense Fund and the National Center for Youth Law serve as legal counsel to the Complainants. 
The complaint outlines a historical and continuing 
pattern of issuing "Class C misdemeanor" tickets to students for 
"Disruption of Class" and "Disorderly Conduct-Language" (generally 
meaning profanity). These ticketing categories encompass minor behavior 
that is not generally deemed "criminal" and disproportionately harms 
African-American students in Bryan ISD. 
In Texas, such ticketing can 
mean missed class time due to required appearances in adult justice of 
the peace or municipal courts, fines, and the potential for a criminal 
record in addition to any other school-based punishment.
"In a very real sense, the Bryan school district is 
using law enforcement as its disciplinary arm. The school district must 
be held accountable for the disproportionate impact on African-American 
students, who are also much more likely to be suspended and expelled 
from Bryan schools," said Senior Attorney Michael Harris, with 
the National Center for Youth Law. The school district spent about 
$376,790 in 2011-12 to cover half of the salaries and benefits paid to 
the eight school resource officers assigned from the local police 
department to Bryan schools.
While African-American students comprise less than 
25% of the students in Bryan public schools, they are significantly more
 likely to receive Class C misdemeanor tickets than their peers. "Over 
the last three school years, African-American students received more than half of all tickets issued—and are four times
 more likely to receive a ticket for 'Disruption of Class' or 
'Disorderly Conduct-Language' than other students," said Texas Appleseed
 Deputy Director Deborah Fowler.
The Impact on Bryan ISD Students
"In Texas, the consequences are particularly serious
 because ticketed students are sent to adult courts that do not extend 
young people the confidentiality and other protections provided in 
juvenile courts," Fowler said.
In Bryan ISD, African-American students accounted 
for only 21% of its student population in 2011-12, but received the 
majority of citations for "Disruption of Class" (143 tickets, 53%) and 
"Disorderly Conduct-Language" (54 tickets, 51%)—two categories of 
offenses that encompass non-dangerous, adolescent misbehavior 
historically addressed through school discipline rather than citations 
that lead to court involvement.
Ann Boney, President of Brazos County 
N.A.A.C.P., said, "The entire Bryan community has a stake in this issue.
 Research shows that a discipline policy that removes students from 
school and introduces them to the justice system increases the risk of 
dropping out. When that happens, everyone suffers."
Bryan ISD's ticketing rate (59.6 tickets per 1,000 
students in 2010-11) ranks second highest (only after Galveston ISD) 
among the 42 Texas school districts recently analyzed by Texas Appleseed
 and remains "consistently high" over time, according to the OCR filing.
A National Problem
The complaint comes at a time of a focused national 
dialogue regarding the appropriate ways to promote safe and healthy 
schools in light of the tragedy at Sandy Hook Elementary School in 
Newtown, Connecticut. Since then, there has been much debate about the 
impact of police in schools. What is happening in Bryan ISD is part of a
 disturbing national trend. Bryan is one of many communities in Texas 
and across the country where school police have crossed the line between
 safety and discipline, thereby criminalizing typical adolescent 
behavior that does not pose a danger to others.
Misdemeanor tickets, 
suspensions, expulsions, and other disciplinary action are meted out to 
children as young as elementary-school age, and for offenses as harmless
 as throwing a tantrum or swearing. Research shows that in many school 
districts, African-American students are disciplined at a much greater 
rate than white students and are often punished more harshly for 
engaging in the same behavior as their white peers.
According to the OCR, which recently began 
collecting
data on school-based law enforcement referrals and arrests, 
42% of public school students referred to law enforcement and 35% of 
students arrested in school are African-American, compared to a 
nationwide student population that is only about 18% African-American.
"Experts agree that issuing tickets to children does not make schools safer," said Rachel Kleinman, Assistant Counsel with
 the NAACP Legal Defense and Educational Fund. "Ticketing also 
exacerbates inequalities because African-American students are subject 
to overzealous discipline much more than their peers. Instead of 
'policing' students, school districts should adopt proven alternatives 
to keep misbehavior in check without treating young people like 
criminals."
School disciplinary practices—and their 
disproportionate impact on African Americans and other minor 
students—have been challenged by advocacy groups in New York, Florida, 
Colorado, Illinois, and California, among other states.
Remedy Sought
The complaint filed today focuses on the racial 
disparities in Bryan's issuance of Class C misdemeanor tickets. 
Complainants are asking the OCR to apply what is known as the "disparate
 impact" standard. In applying that standard, the OCR can hold the Bryan
 ISD liable if its policies have the effect of discrimination based on race, regardless of whether that discrimination is intentional.
The Complainants are asking the OCR to require Bryan ISD to restore the distinction between school safety and school discipline
 by developing and implementing clear guidelines regarding the kind of 
school-based behavior that is properly handled by School Resource 
Officers (SROs)-and to provide additional training for SROs in 
adolescent behavior, conflict resolution and de-escalation techniques, 
and cultural factors affecting children's behavior. Implementation of 
research-based alternatives to ticketing—such as Positive Behavior 
Interventions and Supports—is strongly encouraged.
Also requested are:
- Revisions
 to the Bryan Student Code of Conduct to establish graduated 
consequences for misbehavior that minimize missed class time and reserve
 suspension, expulsion, and police responses to student misbehavior to only those incidents that pose a safety risk;
 
- Required
 campus-based quarterly reporting of data on ticketing and 
school-related arrests, by type of incident disaggregated by race; and
 
- Intervention
 services for students who receive multiple Class C citations and/or 
disciplinary referrals and who are at risk of educational failure.
 
Download: 
Summary of OCR Complaint (Bryan, TX, ISD) 
Source: National Center for Youth Law