Until recently, Texas had one of the worst records in the country on juvenile justice. Police were charging 275,000 kids a year with “disrupting class” and other low-level offenses. Nearly three in five students were suspended or expelled at least once between seventh and 12th grade, according to an in-depth analysis of nearly 1 million Texas students that came out in 2011. Over time, the Texas school system had become a quasi-authoritarian state, one that punished some kids far more than others.
When it came to clear-cut offenses, like using a weapon, African American students were no more likely than other students to get in trouble in Texas. But they were far more likely to be disciplined for subjective violations like disrupting class. Even after controlling for more than 80 variables, including family income, students’ academic performance, and past disciplinary incidents, the report found that race was a reliable predictor of which kids got disciplined.
It took a lot of “talk, talk, talk,” as Whitmire put it, but lawmakers on the left and the right answered Jefferson’s call. Among other changes, they reined in the state’s law against disrupting class. Texas students could no longer be charged with this offense at their own schools. Nor could students younger than 12 be charged with any low-level misdemeanor at school. Before charging older kids, officers had to write up formal complaints with sworn statements from witnesses—and some schools were required to try common-sense interventions (like writing a letter to parents or referring the student to counseling) before resorting to a legal charge.