This kid is crying for help........boot camp!

Teen, CC officer involved in fight

staff reports
Originally published 10:16 a.m., June 10, 2008
Updated 10:16 a.m., June 10, 2008

CORPUS CHRISTI — Two Corpus Christi police officers were needed to subdue a 15-year-old boy who was the subject of a disturbance call Monday night on the 400 block of Breckenridge Drive.

When the first officer arrived after 7:30 p.m., the teen, who is much larger than his father, pushed his father and began to fight with the officer. When the second officer arrived, the teen was on top of the officer on the ground. The teen was subdued when the second officer arrived and he received a small cut below the right eye, according to police. Neither officer was injured.

Police said the father did not help the officer because he is afraid of his son.

The teen was arrested for assault and resisting arrest and taken to Nueces County Juvenile Justice Center.

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(102) User Comments:
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related links Posted by 243882 on June 10, 2008 at 10:31 a.m.

Sad when you cannot control your offspring. Even sadder when they attack you.
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related links Posted by 425944 on June 10, 2008 at 10:32 a.m.

Throw the book at him. Some of these 15 year old punks think the world owes them something.

Take away free room and board, food, gas, car, phone that the parents are undoubtedly paying for and what has he got left? NOTHING.

Maybe he'll appreciate some downtime in the slammer. If not, he's got a tough row to hoe.
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related links Posted by 444846 on June 10, 2008 at 10:36 a.m.

Can't you give them to the state when you can't control your children? Thank God I have good kids.
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related links Posted by 712045 on June 10, 2008 at 10:41 a.m.

Let Bubba take care of this punk in the big house.
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related links Posted by 253187 on June 10, 2008 at 10:43 a.m.

We don't know the full story. Many posts often jump to conclusions. Certainly what he did was wrong, but is he mentally ill? I hope that the parent(s) have given or will give firm consequences or tough love. Maybe the family can get some help as well. Good luck to the family.

"Giving them to the state" or "throwing the book" at them won't help anyone in the long run! What do they become, when they eventually get out (which is most)! We still have to deal with delinquent children and adults in society.
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related links Posted by 712987 on June 10, 2008 at 10:43 a.m.

I really feel bad for the father but this is a perfect example when you give your child everything they want and then try to set limits when they get older.

If this child is this threatening then his behavior could lead up to someone losing their life. Courts need to take that into consideration. Is that place in Kingsville still open? I fogot the name but that is where they sent unruly kids that parents could not control.
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related links Posted by 699858 on June 10, 2008 at 10:46 a.m.

Son is much larger than father.....Father calls police...
Police arrive @ home, 15yr old whaling on cop.....
2nd officer arrives, subdue 15yr old...Father afraid to assist????

I'm 36 yrs old 5'11, 220...my dad 74 yrs old 5'7 180...
I love and respect my father, he is my HERO!!!
Count back 15 or 20 yrs ago, I'd never dare raise my voice
to my father or mother for whatever reason. We are all raised
differently, but not once was I or my brothers (3) or sisters (5)
disciplined w/a spanking...We just knew better....

P.S. - I'm sure if I had ever gone @ my father then, he would've
of kicked my a$$!!!!

This juvenile punk needs to get his A$$ whipped!!!

-Oz
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related links Posted by 233087 on June 10, 2008 at 10:50 a.m.

to post 253187,

Stop hugging the tree and realize that sometimes punishment is needed.
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related links Posted by 712060 on June 10, 2008 at 10:55 a.m.

in response to 444846

That's sort of true. A detention hearing will be held within 48 hours. At that point, it is determined by the court to have the child placed back into the facility or send him back home. If dad says he can't or won't take him back home, CPS is called and the dad will be investigated for child abandonment. CPS will then try to place the kid with any relative willing to take him in. If no relative steps up, then the kid will be placed in foster care or shelter. Sine he assaulted a cop, he'll probably be placed on probation or deferred prosecution. Which will make it harder for him to find a foster home.
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related links Posted by 703885 on June 10, 2008 at 10:57 a.m.

This is the start of his new wrap sheet. Now he is not scared. Say hello to a new criminal.
Reply to this Post | Suggest removal
related links Posted by 712987 on June 10, 2008 at 11 a.m.

in response to 699858

See you are a product of what good parenting is all about. Given you cuss, but who doesn't.

Respect, honor, and obey were one of the many things we were taught as kids. My parents were party animals themselves but were strict as can be on us. We are raising kids in todays world and it is hard. We are strict on our kids but we have noticed the behaviors that they are picking up from other children at school. It is frustrating but we can not let off of them or they will become a nightmare for us. They are very young and we have been instilling good behavior skills since they learned how to crawl and get into things.
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related links Posted by 705049 on June 10, 2008 at 11:03 a.m.

This kid is lucky I didn't arrive on the scene. It wouldn't have been a very long fight at all.
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related links Posted by 700317 on June 10, 2008 at 11:09 a.m.

My kudos to the officers. In a lot of cases, this story would have been 15 year old shot by police. I hope the judge explains to this young man that he could easily have lost more than his freedom in this situation. Thank you CCPD for exercising restraint and giving a 15 year old a chance to grow older and hopefully wiser.
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related links Posted by 592398 on June 10, 2008 at 11:10 a.m.

NO we don't know the story but most likely this is a punk kid who thinks the world owes him. Tough love - send him to boot camp and let them show him what respect is supposed to be about. Let them work him outside in the heat with no video games, friends, punk rock music. Let them scare him into respect.

But again, it starts when they are little. Parents often let it go until it is to late. I am not the perfect parent, BUT I did not let my son tell me what he was going to wear. I bought his clothes and he wore them. He didn't wear pants falling off his butt, he didn't wear big baggy t-shirts, he didn't grow his hair long. As a teen he knew the rules and he knew that if I followed up on something he told me, then it better be true, he knew if I found out that he wasn't where he said he would be then there would be a consequence. I didn't have a problem driving to the high school and taking his truck home when I got a call from the principle that he had been doing doughnuts in the parking lot (those doughnuts cost him six weeks without a truck and stuck at home with mom) His room had to stay clean, he knew I would check it every couple of days, he had to mow grass and do chores or he didn't get to go with his friends to the movies, etc. It starts with disicpline when they are young and follow through all the way through high school. If you never allow them to take the upper hand with you they learn respect.
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related links Posted by 239536 on June 10, 2008 at 11:14 a.m.

I have to wonder why a child would disrespect their parent like this. Sure we blame this on a 15 year old boy but is it truly all his fault? Has his father always been there for him and has he been a good role model? We don’t know the answers to these questions so how can we possibly pin this all on this 15 year old. If you look at most of the children that are in trouble and then look at their parents then we will understand why they are growing up to be so out of control. It is the parents sole responsibility to instill good manners and behavior in their children the minute they see them acting in a manner that is not accepted and that starts early on in the child’s life.
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related links Posted by 277671 on June 10, 2008 at 11:19 a.m.

Yeah, boot camp!!
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related links Posted by 351307 on June 10, 2008 at 11:27 a.m.

it's cause these punks don't have anything to do in the summer and they spend all day playing grand theft halos on their nintendos learning to kill people and are brainwashed to vote for Barack Osama. It's sick. When I was a kid we didn't get to mess around in the summer and beat up our dads we had to go pick cotton.
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related links Posted by 287001 on June 10, 2008 at 11:34 a.m.

in response to 705049

Give yourself some credit. You would've lasted a minute or two before the kid KO'd you.
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related links Posted by 710237 on June 10, 2008 at 11:41 a.m.

How sad.

I'm sure this kid has been like this since he was 2 years old. Out of control. No limits. No discipline. No respect. Poor modeling. All year he has been a pain in the neck at his school.

I wonder why the police officers didn't use their taser gun? To me it would have been appropriate. That would have given him the shock of his life. I think we should give the dad a taser gun for Father's Day so he can have a peaceful life becaue the way things are going now it all does not look too promising as long as his son is around.
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related links Posted by 262709 on June 10, 2008 at 11:49 a.m.

Sad Times Bro.......Sad Times
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related links Posted by 257643 on June 10, 2008 at 11:53 a.m.

Whats the matter when a cop cannot control a teen. Size should not matter. Don't they make cops lift weights anymore? Stop eating donuts and pump some iron.
Reply to this Post | Suggest removal
related links Posted by 699858 on June 10, 2008 at 11:57 a.m.

Post 712987,

I appreciate you understanding where I am coming from....
As for the cussing, this is not a trait I picked up from my parents nor was it allowed (not that you said that), just want to get the record straight.

As for raising kids in today's tough world? Hardly....
My father worked the grave yard, picked up shifts where he could in
other labor jobs...My father epitomizes the term hard worker. My dad is the definition of a MAN who took care of his family. My mother was a homemaker....Basically, her job was to take care of us..which I can't imagine being an easy task in raising children from the ages of 12 downward to an infant in diapers (me)..

With this said, as my 3 older brothers along w/my 5 sisters and I moved through our young teenage years, never were we a problem for my parents.They worked hard and found time to nurture us.. We knew as long as we lived under the very roof in which they provided, the rules were simple...Whatever mom & dad say goes. Until we moved out then we could stay out late, aside from that, we had our curfew and our chores...We were taught to love one another, respect one another, and know the meaning of responsibility.

Raising a child in this day and age in my humble opinion is but a cake walk....as for bad kids around them, simply don't let your kids be part of those bad apples....
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related links Posted by 233517 on June 10, 2008 at 12:01 p.m.

Maybe this kid was on drugs. You'd be surprised at how strong even the smallest person can be when out of control on certain drugs. I witnessed a very small woman who didn't take her medication for a mental illness she suffered from. It took 6 officers to subdue her and that was after she bit and kicked some people. I think under normal circumstances one cop could have taken her down, but her strength was amazing since she wasn't on her meds. It could be the same thing in this kid's situation. Either he's on something or not taking meds he is supposed to be taking. None of us know.
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related links Posted by 711040 on June 10, 2008 at 12:06 p.m.

One bullet between the eyes!
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related links Posted by 234821 on June 10, 2008 at 12:07 p.m.

Honestly, and I know this is going to be cliche, but I blame government. It was the politicians who were beaten as children and now cry abuse when a parent attempts to discipline their child with a good old fashion butt-whoopin'.

Children act out in school and the parents are blamed, even fined, for the behavior of thier offspring. When I was in school and did something against the rules, I got the mean side of the principle's wooden paddle, then when I got home, I got the leather belt from dad. I grew up to be a responsible adult in my most humble opinion.

Now, a kid can beat the hell out of someone and get suspended (yay! get to play on the xbox and miss school!) or for something less serious they are given quiet time or detention.

I would like to take parental control of that teen for a few weeks, teach him discipline the way I was raised and let's see if he doesn't become a model citizen.
related links Posted by 262375 on June 10, 2008 at 12:13 p.m.

(This comment was removed by the site staff.)
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related links Posted by 298842 on June 10, 2008 at 12:39 p.m.

This 15 year old did not get this way over night.
He will do anything if he attacked his own father, attacked a police officer, would not subdue to the second officer arriving without more fight.....he is sick in the head, maybe needs meds.....a full evaluation. This is NOT normal.

Fat chance a family member will want to take him in, and he is messed up for life if he does not get the right help, counseling and medication or whatever he needs, and now......otherwise, he will join the criminal element for life.....and the taxpayers will be paying for his upkeep in PRISON.
He won't make it in society acting like this.
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related links Posted by 235933 on June 10, 2008 at 12:46 p.m.

Our teen son (14) got into his mother's face whaile I was away on a business trip two weeks ago. When I found out all hell broke loose and he was grounded for a month and put on house probation for one year. He plays sports and wants for nothing, so there is plenty to take away if he every attempts to bully his mother in her own house again.

If it does, then MY form of punishment will come into play, but where and why this type of attitude can come out of left field can happen in the first place is beyond me. Especially since he has not been raised in anything other than a supportive and nuturing environment.
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related links Posted by 236920 on June 10, 2008 at 12:46 p.m.

This son does have a problem. For one he has no respect for his elders. If foster house is needed, who in the world will take him, nobody wants to deal with such, especialliy when they are not kin to you. Even if kin, people tend to shun away relatives that are bad. Good parenting is needed, You are to be the guides of your children, for if they are not guided the right direction, they will go astray, and who goes astray the good road? This kid needs to be reprimended and not with just a slap on the hands, he needs to be put to work. Wonder if this is the first offense, probably not, if the dad was afraid of him. Hope all goes good, but I believe this is the beginning of calls to CCPD from that house.
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related links Posted by 712987 on June 10, 2008 at 1:02 p.m.

in response to 699858

Our children are under the age of 10 and we don't allow them to be friends with troubled chidlren. It is the kids that they have to be around in school that they notice their behaviors and want to mimic them but it is cut short the very first time it is shown.

Oh and I was a cusser too. Not by parents choice but becasue I entered junior high exposed to a lot of it and thought it was cool. Now I wish I could stop it. We just refrain doing it in front of the kids.

I remember getting our butts spanked for misbehavior. Not to mentioned as soon as we were old enough my dad would take us to his property and make us do hard labor as part of our punishment. We hated that. We may have gotten into trouble as kids (we all do to some degree) but one thing we did not do was show any disrespect to our parents, grandparents, aunts, uncles and adults.

For the poster commenting on why couldn't the cop handle this kid- you can ask that with a little more respect. Making fun of them with the donuts was not neccessary. Believe it or not it doesn't matter how much training you have, if someone is very strong then they are fighting the same force as the police. There is going to be a struggle and there will need to be back up in case the subject gets the upperhand. It happens. If you can do a better job then please join the police force. They need more officers right now and if you can take down a kid like this then you will definately be needed. Just what are you going to do if you have to go to a domestic call and while you are arresting the brut for beating his wife she comes from your backside and starts hitting you? How would you handle it if you haven't got the brut in cuffs? There are strong ppl out there and just because he is 15 doesn't mean he is a wimp. I am sure there is more detail in the report that was written.
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related links Posted by 712987 on June 10, 2008 at 1:14 p.m.

in response to 298842

Could there be a possibility of him being on steroids? Even if he is a natural hot head he should know better than to continue this kind of behavior once police showed up. Why would he want to fight police?
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related links Posted by 712987 on June 10, 2008 at 1:15 p.m.

How big and tall was this kid?
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related links Posted by 233256 on June 10, 2008 at 1:18 p.m.

How sad that kids nowadays are meaner and more disrespectful than ever. I am 37 years old and back when I was in school there were a few bullies at school and the occasional prankster but the situation with kids in today's world is nothing but pure disappointment. My husband doesn't believe me when I tell him that I was a well-behaved kid and not once was I sent to detention back then or sent to the principals office.

I think that the reason why all these kids have ADHD is from all these hormones, pesticides, chemicals and God knows what else is put in the food we eat and it affects them more than it affects a grown up because their bodies are still developing. It also has to do with parents working more hours at their job or sometimes working 2 jobs just to make ends meet but they still have to dedicate time to their kids. And also the fact that there are a lot of single mothers with more kids than they can handle. Don't get me wrong , I'm not critizising women that go through divorce or all of a sudden become widows, I'm talking about the one's that sleep around and have 5 or more kids all from different fathers.

It also has to do with the upbringing of the kids. If they are not brought up in a loving environment and the parents are abusive to the kids because they were abused as kids, then it's a viscious cycle that will never end. All you have to do to confirm this is go to any public place and sure enough you will encounter one of these scenarios where the kids are misbehaving and the parents will just let them have it right there and then.
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related links Posted by 243871 on June 10, 2008 at 1:24 p.m.

Some of you people on here are just plain dumb.

" Good thing I didn't arrive , would have been a long fight", "Bullet between eyes"

Not every family gives there kids everything they want and then take it away as one suggested.

Why do you judge people you don't know , before you get the whole story.As for dad not helping the cops subdue him because he was afraid. How do you know he wasn't afraid the cops would have turned on him or someone would have gotten really hurt You do not assist a police officer when they are trying to control someone unless they are in real danger.

So find out the whole truth before making a decision to kill or mane this parent or child
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related links Posted by 702401 on June 10, 2008 at 1:27 p.m.

in response to 592398

AMEN my friend you have the right idea. Kids need to learn very early on who the parent is and this all can be done without a spanking, Good For You!!!
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related links Posted by 712989 on June 10, 2008 at 1:34 p.m.

Well! That's Americans for you!
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related links Posted by 713073 on June 10, 2008 at 1:43 p.m.

Just another example of how our politically correct society has kept us from properly disciplining our children. I hope this kid gets the proper punishment, both from the system and his family.
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related links Posted by 233939 on June 10, 2008 at 1:47 p.m.

in response to 253187

There is a quote that I live by and I don't plan on stopping anytime soon so there will be no need for you to reply to me.

"Never argue with stupid people. They will only bring you down to their level and beat you with experience."

With that being said, it is appeaser like you who are the cancer in the Rump of America today.

We should talk to our enemies no matter how mentally deranged or brain washed they are. We should never take action.

Well guess what, talking never works unless the person you are talking to understands that there are even less enjoyable consequences if and when the talks fail.

By actually taking action every now and then it sets a precedent on which the talks become exponentially more persuasive.

Your assertion that being a mentally ill superhuman changes the fact that he is a danger to his family and society is so ignorant I forgot what I was going to say. I feel less intellegent after reading it.
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related links Posted by 447583 on June 10, 2008 at 1:52 p.m.

I am shocked at the fact that the father is afraid of his son. I am a single mother of two sons. They are not allowed to speak vulgar language at home and especially around adults. I have taught them to RESPECT people. My sons are of large stature but they respect and accept whatever discipline is given when needed. I just don't understand this young generation at all when ther are no morals, no respect and no demands are expected of them. Seems that parents who fear their children are only creating problems for society.
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related links Posted by 235152 on June 10, 2008 at 1:52 p.m.

Wow...how big was this kid? Took out his dad and a cop?! Sounds like he has a future in the NFL!
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related links Posted by 322991 on June 10, 2008 at 1:58 p.m.

response to 235933
if this is new and odd for your son then you need to shadow him and find out who he is hanging with. New friends with bad influences often cause usually good kids to start down that dark path and drugs.
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related links Posted by 711808 on June 10, 2008 at 2:06 p.m.

in response to 233939

"Never argue with stupid people. They will only bring you down to their level and beat you with experience."

...and then you proceed to :) typical! hahaha
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related links Posted by 238181 on June 10, 2008 at 2:20 p.m.

in response to 699858

Amen...I got a spanking once in a while but all it took was a look and I knew I'd better behave..that is what these kids do not have is respect. I'm married and I still wouldn't even think of rolling my eyes at my father. I agree with the kid getting an A%^ whipping!

anorman
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related links Posted by 238181 on June 10, 2008 at 2:26 p.m.

in response to 234821

Amen! I remember the paddle in elementary...never saw it but just the idea of it was scary enough. You are so right...and I think coporal punishment should be brought back into the school systems (I know that is going to open up a can of worms) because when we had that, we had respect and that is all gone now.
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related links Posted by 342621 on June 10, 2008 at 2:30 p.m.

I am a mother of 3 son's widow for 20yrs I have raise my son's by my self.... All three have ONCE talked back to me and I slapped in
the mouth... with no regrets...and told them never to do it again....if they didn't like it here there was the door.... see if it was better outside on there own......but no one in this house was going disrespet me....the were about 10 or 14 at the time... they never did it again...One of them even threated to call the police ..and I gave him the phone... told I go to jail and you go to foster home...which is fine with me... It's hard to raise children to right path....but you have to give all you can....and don't your children tell what to do...
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related links Posted by 262348 on June 10, 2008 at 2:31 p.m.

in response to 235933

My 10 cents worth of the day:

Sometimes this stuff does come out of left field. Our children will test their boundaries, and they find out at a very young age just how far they can push (will they get a spanking? probably not in todays world), they throw a fit and embarrass their parents in a store so they give them what they want to shut them up. As they get older, they push more and more boundaries. Our jobs as parents are to set the boundaries and then make them rock solid.

When my oldest son was 16 he was 6'1". I am 5'3". One day, after getting tired of looking at stringy, greasy hair, I took him to Moore Plaza to get a haircut. He simmered, pouted, and fumed all the way through the haircut. When the girl didn't take off enough, I had her take off more. When we walked out of the shop, he turned on me and started screaming at me in the middle of the parking lot! He had NEVER done anything like that before. What did I do? I showed him the consequences of his actions. I hauled off and smacked the crap out of him on the spot. Later, he came to me and apologized for screaming at me like that. Child abuse? I think not, but if anyone wants to report me he is 20 years old now, you can ask him what he thinks. I guarantee you, he will tell you that he deserved it.
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related links Posted by 262348 on June 10, 2008 at 2:36 p.m.

in response to 236920

"This kid needs to be reprimended and not with just a slap on the hands, he needs to be put to work."

I love that! I know I gave my 10 cents worth already, but...I have to share this. My sister married a man who had 3 teenaged daughters. The oldest 2 didn't want to go to school, didn't want to do their chores, etc. Her answer was to load them up with so many chores that they were happy to go to school, and they graduated! Then they didn't want to get jobs...LOL, yep you guessed it! I am happy to report that they are now very hard working young ladies.
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related links Posted by 262348 on June 10, 2008 at 2:39 p.m.

in response to 712987

Well said.
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related links Posted by 342621 on June 10, 2008 at 2:50 p.m.

342621 By the way all three of them apologized and told me I LOVE
YOU . MOM... it won't do it again....if I would have let them get away it once they would have done it again,and again....until it got out of hand... I guess I was lucky it only took one slap....my youngest son
was 2 when his Dad past away so there has not been any father
figure....I have been both so there is no excuse for those that blame
the dad or mom...or the goverment.....
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related links Posted by 262348 on June 10, 2008 at 2:59 p.m.

in response to 342621

I'm so sorry for your loss, I too am a widow. You are so right. If we can raise our children right, without a father figure, what is the problem with these people who can't?
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related links Posted by 240953 on June 10, 2008 at 3:09 p.m.

Don't cops in Corpus Christi use pepper spray or use a taser gun.I think that is what that boy needed .

Percival Wellington
Austin, Tx.
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related links Posted by 331296 on June 10, 2008 at 3:22 p.m.

To 252375 - back off 357307. He made his point. Who cares if it's Grand Theft Auto or Halo, or Barack Obama or Osama. You're the idiot for being obnoxious. We're talking about the terrible son in the article not spellcheck or titles. Go take a nap!
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related links Posted by 232885 on June 10, 2008 at 3:31 p.m.

But, did he pass the TAKS test?
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related links Posted by 262348 on June 10, 2008 at 3:31 p.m.

in response to 331296

I was thinking it, you said it, good job.
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related links Posted by 240023 on June 10, 2008 at 3:33 p.m.

When is a kid allowed to fight back against an abusive parent? Whose to say thats not what happened here? Its usually not completely undisciplined kids who hit their parents, they have to learn violence. And many of these same abusive parents are quick to use the cops to punish their kids when they feel that they can no longer abuse their kids into submission. Dont you think its kind of funny that the dad didnt help the cop out to restrain his son? I doubt he was as afraid of his son as he said he was. The kid is 15. There's a lot more going on there and I really think that this article is playing the Dad up to be more of a victim than he really is.
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related links Posted by 463468 on June 10, 2008 at 3:33 p.m.

in response to 233087

AMEN to you!!!
Sure maybe we don't know the whole story.. But ANY 15 year old who has no respect for police,fights with them, and whose father is afaraid of him, NEEDS his A$$ whipped... From what the article said, the 1st officer was getting the bad end of the deal.. Lord knows, if he'd had to use force or deadly force (warranted if the kid had gone for his gun) the press would've been ALL OVER that..With the public chiming in..
These punks today need to learn to live WITH society, not have society learning to live around them.. Jail time may or may not help him.. Letting him go with a slap on the wrist or a "Iknow you didn't mean it son, we'll get you some help" Is certainly not going to help... If the father is afraid of his son, there must be a good reason.. Is he crazy, or (politically correct) disturbed? Maybe .. Get that kid on some meds and put him into a counseling facility... If his own father is afraid of him, he could certainly be capable of killing someone, and the excuse "he's mentally disturbed" won't provide consolation to the victim's family. Letting political corrrectness instead of common sense rule is what is killing this country.
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related links Posted by 711762 on June 10, 2008 at 3:42 p.m.

It doesnt matter how big he is, when someone is jacked up on dope they are stronger and feel no pain! I've worked in law enforcement for 35 years and have seen 4 200 pound plus officers have a hard time to control a120 pound kid.
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related links Posted by 238420 on June 10, 2008 at 3:45 p.m.

I was spanked as a child.... not abused just spanked when I was misbehaving. We also got the look as one posted said earlier and time the look was more scary than the actual spanking. I am the oldest of 4 I am 37 years old and I would not dare roll my eyes at my parents much less try to attack them. Had I tried that at 15 I would not have made it to 16 let me tell you.
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related links Posted by 699260 on June 10, 2008 at 3:47 p.m.

in response to 240023

I would be more inclined to entertain your theory if he had not fought with police.

Sweetie
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related links Posted by 310101 on June 10, 2008 at 3:53 p.m.

A lot of kids are like this--there is a sense of entitlement that they can have anything they want whenever they want it! It starts when the parents take the child's side whenever they are corrected in school. Nothing their child does is wrong--must be the teacher's fault. Then the parents wonder why the kid doesn't respect them. These parents are not doing their kids any favors. They'll not amount to much as adults because they are used to everything going their way or else they give up.
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related links Posted by 699260 on June 10, 2008 at 4 p.m.

in response to 238420

Yes! I know that look! I'm 37 also and the oldest of 5...had my fair share of spankings too...I once dared to roll my eyes (out of disrespect) at my mother when I was about 15 and got slapped across the face...that was the last time I ever direspected her that way...now if I happen to roll my eyes it's out of jest and she usually started it! (I get my sense of humor from her)

Sweetie ;-)
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related links Posted by 376065 on June 10, 2008 at 4:02 p.m.

I've got a 2 x 4 or an aluminum ball bat that will make me bigger than my kid any day, and they know it. Respect.
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related links Posted by 239536 on June 10, 2008 at 4:09 p.m.

in response to 240023

I agree with you something else had to go on in order for a 15 year old boy to try and fight with his father. I have an almost 18 year old and he has never ever raised a hand and if that day ever came he better run. There has to be more but if he indeed is just that way then there had to be some sort of failure on the parent’s side bottom line. Remember we raise our children and instill certain behaviors by our actions.
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related links Posted by 712784 on June 10, 2008 at 4:23 p.m.

in response to 592398

Oh, that punk rock music. Always corrupting the 350-pound cyborg youth and making them destroy their parents from the inside out. ;)

Seriously though, I have no idea what your kid is wearing (I'm guessing he's middle aged now and still sporting little white sailor suits and cowboy pj's) but if you have to dress them when they're twenty-five you're doing it wrong. The object is to teach them SELF-respect so they realize that people treat them differently when they look - and more importantly act - like hoodlums. Either way, this story has no direct link to the appearance of the kid other than the fact that he's probably enormous. The dad should not have been afraid of him, "punk rock" or no.
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related links Posted by 232645 on June 10, 2008 at 4:38 p.m.

How big is this kid?!
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related links Posted by 246926 on June 10, 2008 at 4:41 p.m.

Get rid of AC, cable & all TV, internet, and video games and kids will show their parents more respect.

Start with AC. It works. Also, people you don't want in your house will leave as soon as the AC goes out!
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related links Posted by 245928 on June 10, 2008 at 5:12 p.m.

whaaa?? no taser jolt and no second taser jolt with the prongs next to the skin were administered in order to "gain compliance" of the subject ??
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related links Posted by 461293 on June 10, 2008 at 5:47 p.m.

in response to 592398

You say send him to boot camp? Boot camp is a joke! It is a day care run by the county. The kids that go in there just get physically fit so that when become adults they can run from the police.

It is a big waste of time and money...it needs to be shut down!
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related links Posted by 233913 on June 10, 2008 at 5:59 p.m.

Sounds like the kid was on drugs - maybe pcp - which would account for any parent being scared. There are kids out there who scare the .... out of their parents, and not because they were raised wrong, but because they are just wired wrong - add drugs to that mix and anger issues - and you have one scary out of control teenager. I've known parents who have tried everything to find help for a kid like that... and who don't sleep peacefully because they never know what is brewing in that unstable mind in the next room. We are quick to blame the parents... but sometimes it is just something in the nature of the child.
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related links Posted by 712987 on June 10, 2008 at 6:38 p.m.

in response to 240953

yes they do and they have the choice to use either one or their gun depending on the level of threat they are experiencing.
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related links Posted by 427774 on June 10, 2008 at 6:42 p.m.

in response to 463468

" Letting political corrrectness instead of common sense rule is what is killing this country. "

And AMEN to you too! This kid needed some firm jolting a long time ago and didn't get it because everything is just PC enough for him to just skate through. A *little punishment here, and **little there - And nothing significant enough to gain his respect. Maybe plenty to keep him in a dark corner and hating people too.

I don't like the idea of mentally dissecting these kids, labeling disordered this or that, and medicating them so that they can behave well enough to go to school. If they can't behave, the last place they belong is in mainstream classrooms.

I have a son (now 29) that was classic ADD - symptoms from infancy. School was hell for him, and all the schools wanted to do was dissect his mind constantly, and medicate him. As his parents, we had to fight for the special education structures he needed, and fight the schools to keep him OUT of the mainstream classrooms.

Oh but academically he tested well, and can do the work! NO! The problems were NOT ONLY academic!!! He was the kind of child that could instantly take control of an entire room full of adults. Even several teachers in a room full of students was asking for BIG trouble. He played the classroom environment like a stage, and thrived on the reactions of both teachers and students. OKAY - got a box???

I would bet this kid was a problem in school very early, and was stuck in mainstream classes where he could torture, and BE tortured. Constantly talked himself up, and bragged about how stupid school workers were every time they punished him too. That's wrong, wrong, wrong!!!

I don't care how many special ""resource"" efforts are made to help them make the academic grades, or how much the teacher goes out of the way to provide for an obviously troubled kid. The LAST thing these kids need is **a mainstream stage to act out on. If they aren't mainstream students - Remove them completely!!! Provide exactly what they need in the way of character, and behavior guidance. Even a BOX! Let them EARN their way!! My son did, and still is!!!

I would bet mom and dad had no idea what to do from the beginning. The schools have to stop catering to these kids, and allowing the behavior to set like concrete. Before I realized what was going on with my son, he was emotionally disturbed, and could very easily have become very dangerous. I had to study constantly, and had to demand - AND THEN COMMAND the educational plans he needed.

Thanks to my own studies, and knowing enough to gain the respect and attention from school workers, he got a high school education. According to set structures - he belonged in mainstream classes. According to ME - he didn't - and after the third try - boardroom politics had NO chance. Bless this boy and his parents. I hope they find the help they need. Caring thoughts and prayers, always, for law enforcement.
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related links Posted by 420894 on June 10, 2008 at 7:22 p.m.

are postings supposed to be book sized?
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related links Posted by 427774 on June 10, 2008 at 7:24 p.m.

in response to 420894

Lol! Sometimes. Why?
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related links Posted by 427774 on June 10, 2008 at 7:28 p.m.

in response to 461293

That nail needs to be driven FIRM for sure!!! These boot camps are as destructive to character as prisons. They teach the kids to be HARD CORE, and that's exactly what they become - or else. They will either succeed or fail, and which ever way they go - those HARD CORE traits of character go with them.

Once at risk, always at risk as far as I am concerned. Physical training for a possible crime boss, OR a desperate - "I ain't going back" attitude toward law enforcement? No thanks.
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related links Posted by 425944 on June 10, 2008 at 9:45 p.m.

in response to 246926

oh lord your funny. But I personally would not want to punish MYSELF that way. When the AC is turned off, the whole family will SUFFER! LOL : )

But you have a good point, because my 13 year old will prance out of his room on occasion to tell me he is HOT. And then he asks me to turn down the thermostat.

I will keep your idea in mind though if I should ever need it in the future.
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related links Posted by 425944 on June 10, 2008 at 9:49 p.m.

in response to 427774

I really enjoyed your post and really am glad to know you also have a sense of humor! lol

"book sized?" lol! that was funny.

(but it WAS a good book!) lol
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related links Posted by 425944 on June 10, 2008 at 10:01 p.m.

in response to 420894

Sometimes such a small sentence as yours was can CRACK ME UP! LOL.

I wasn't expecting the "book size" comment. Caught me off guard and made my evening complete. Thanks.

But 774 does make a lot of sense if you have read any of their previous posts. So many different kids with so many different problems. We cannot just put them all in a box. There are different circumstances every single time.

My brother hit my Dad one time when he was a teen. They scuffled on the floor pulling each others hair out.
I wasn't there to see it. But it scared me when I heard about it.

But long story short, my Dad did believe in corporal punishment and he was a hands on Dad and he made sure his kids flew right or suffered consequences. My brother went on to be in the Marines, and that turned him into a MAN, who turned out to be the greatest husband, father, & DPS officer and now a proud Texas Ranger.

So sometimes things can turn out good in the long run.

But me personally, well.....I would never strike my parents, or cuss at them or treat them with disrespect. I honor my parents.

I guess my point is, not all kids are bad, they just do bad things sometimes, and if they correct it and fall in line and do the right thing in the long run with tough punishment and consequences for their actions, maybe, just maybe, everything will turn out just fine.
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related links Posted by 238212 on June 10, 2008 at 10:53 p.m.

Sterilize and give him a labotomy then send him to Iraq as a mine detector.
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related links Posted by 303526 on June 10, 2008 at 11:20 p.m.

That Sweetie better not roll her eyes at me!!! I will open a can of whip a$$ on her.

HEHEHEHEHE!!!!!

The kid goes to boot camp immediately!!!
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related links Posted by 378784 on June 11, 2008 at 1:22 a.m.

in response to 461293

Have you ever been inside boot camp in Nueces County? I did counseling in there, and trust me, it is not a place where they go to get "fit."

I am not a Drill Instructor, so it took me some time to get over the emotional toll it took on me. I was just there to do groups and indivdual counseling.

It is loud, kids are crying, the DI's are giving their orders, the kids have to do all kinds of things for breaking the rules. The girls have to have their hair cut short when they enter boot camp. Boot camp is designed to break the child down and build them back up...hopefully with better coping skills, respect, education, self esteem, amongst other things.

I had clients tell me that boot camp was soemthing that they needed to help them get their life back. I also had some clients tell me that they did not plan on changing, and they wanted to go to prison like everyone else in their family.

I had too many kids tell me about being raped, watching their father (or mother) kill the other, using drugs to escape, having no family, and other stories. Those kids have lived through things that no one should have to go through.

Some of those kids will change and some will not. Boot camp is also not for everyone. It can make the person's situation worse.

I just pray that they take the positive from the experience and change their lives for the better. Some of our clients did become success stories after leaving boot camp.
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related links Posted by 712710 on June 11, 2008 at 8:03 a.m.

in response to 262348

I applaud you for taking a responsible parent stand. I raise my child the same exact manner you raise your child. If she acts up in that manner while in my home or in public- she too gets a slap in the face and with much more consequences. I don't care if anyone reports me too. As far as I am concerned- cps can take her and raise her their way or I can continue to raise a child who will listen to me and do right or theres heck to pay. I rather raise her with an iron hand than give in to any nonsense behavior today than have her act this way later and have someone kill her over her throwing a temper fit.

In my home, I rule. My rules are simple- obey me and do right by me. In school, she obeys and does wonderful in all subjects. When she becomes an adult- these lessons I've taught her will keep her alive and well.
By the way, shes 13 years old and keeps a clean bedroom and gets an allowance when she clearly does right by me. With her money she saves it for electronic gadgets and other things she wants. Tough love is TOUGH LOVE- Rule with home laws and rule with love. They will appreciate it later in life. I know I did.
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related links Posted by 699932 on June 11, 2008 at 8:33 a.m.

Funny story now but was not funny then.
I was about 11 years old and that particular day I yelled at mother for serving the same food she had served us the day before. Well, all I remember is running out of the house and thinking I got away with it! Yay! That'll teach her to serve me the same food AGAIN!

Not a moment later, I climbed the tree in front yard. I have always climbed that same tree for years and well, when I jumped off the tree the back of my short ( elastic waist) got caught in a large tree branch- this gave me an instant wedgy & was extremely painful and I yelled for help! My mother was the only one who heard me because all my brothers and sisters were out riding their bikes. I yelled and yelled for help. My mother finally opened the door and said " be glad that tree caught you instead of me". I hung there and hung there for a long time, at this point my short was cutting into my skin. It seemed like an hour but I know it was more like 15 minutes or so- The waist part of the short finally gaveway. I fell to the ground and realized I had done wrong prior to the tree climbing. I changed my ways then. I appreciate all my mother did for me when I was growing up. I had a huge bruse on my thighs for weeks!
I can laugh about it now though!

Moral of story- elastic shorts and yelling at mother does have its consequences.
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related links Posted by 699260 on June 11, 2008 at 10:56 a.m.

in response to 425944

LOL! When my stepson (who is also 13) complains about being hot (we keep the A/C between 75 - 78 depending on the time of day) I send him outside for about 20 minutes...he hardly complains about being hot inside the house anymore...

Sweetie ;-p
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related links Posted by 705049 on June 11, 2008 at 12:50 p.m.

in response to 287001

KO'd? Did I say it was going to be hand to hand combat? He'd be on the ground before he got within 5ft of my person, little bro.
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related links Posted by 712812 on June 11, 2008 at 1:41 p.m.

in response to 233256

totally agree
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related links Posted by 245928 on June 11, 2008 at 5:03 p.m.

While volunteering for a few days at youth facility by Crosstown, one could not miss the "tight ship" security, including tv's showing what was going on in various rooms. A tuffie had crossed some line and was being subdued by adult(s) through wrestling holds until he quit wiggling. I guess if people have free time, they could apply to volunteer; donations of specific items would probably be gratefully appreciated.
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related links Posted by 709587 on June 11, 2008 at 5:25 p.m.

What happened to those old fashion asss woopensss......!!!!!thats the problem now a days.............kids do what they want , and parents allow it, but look at times , kids haveing kids....
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Cause for concern gives also the factor that any policy perspective will always have to operate along the lines of defining social groups. It may come

ISEC 2005

Inclusive and Supportive Education Congress
International Special Education Conference
Inclusion: Celebrating Diversity?

1st - 4th August 2005. Glasgow, Scotland
home
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Equality of Opportunity as a Rationale for Inclusive Education

Dr. Christian Liesen
Institute for Special Education – University of Zurich, Switzerland
Hirschengraben 48, CH-8001 Zurich
liesen@isp.unizh.ch


This paper seeks to discuss whether the principle of equality of opportunity could serve as a rationale for inclusive education. The first section aims at positioning the topic within the inclusive education discourse, narrowing down the scope. The second section presents a brief analysis of the notion of ‘equality of opportunity’ as well as some of its implications, while the third section addresses the question of how we are to know whether opportunities are equal. The last section seeks to draw some conclusions with respect to inclusive education. – It should be pointed out that the paper is solely meant for discussion.

1. The case for inclusive education: reasons and rationales

Many arguments have been brought forward to strengthen the case for inclusive education. Yet it is not always easy to follow the lines of reasoning, and little reflection is needed to notice certain contradictions and ambiguities and a good deal of eclecticism in the literature. The crux is, as Alan Dyson observed, that

(i)nclusion is different from many other fields of inquiry in that it is premised on an answer rather than a question. That ‘answer’, of course, is that inclusive education is superior in one or other way to non-inclusive education. The strength in this position is that it enables a relatively young field to define and advance itself in the face of considerable hostility. (…) The danger, however, is that it becomes all too easy for thinking on inclusion to descend from analysis to polemic, and for certain values and beliefs to become ossified, ultimately to the detriment of those marginalized groups on whose interests the inclusion movement claims to act. ( Dyson, 1999, p. 43f. )

Dyson has suggested to distinguish between two different but intersecting dimensions of the inclusive education movement: One is primarily concerned with providing a rationale for inclusion, whereas the other concentrates on the realisation of inclusion. Each dimension can again be subdivided into different discourses as follows. A rationale for inclusive education is either sought with reference to rights and social justice or by rigorously questioning the efficacy of special education (while claiming the superiority of inclusive education). The realisation of inclusion is frequently discussed either with respect to the political struggle for the implementation of inclusive education, or it is concerned with what inclusive education looks like inpractice (cf. Dyson, 1999, pp. 38-43 ). It is safe to say that these two dimensions / four discourses deliver a felicitous depiction of the inclusion debate’s crucial building blocks.

This paper is concerned with adumbrating the question whether equality of opportunity could serve as a rationale for inclusive education. It belongs, hence, in the context of the rights and social justice discourse. Concededly, the most important (and most interesting) question would actually be how the different building blocks interrelate, or ought to interact, in order to achieve progress in the field. Dyson does offer some very sensible and perspicacious suggestions on this (cf. ibid., pp. 44-48). The line of reasoning chosen here, by contrast, will allow only for a few rather cautious remarks in the final part of the paper. Proposed is the idea of merging, in a way, ethical considerations and empirical research in order to substantiate the case for inclusive education. As a consequence, some fundamental policy issues will emerge, alongside certain difficulties inherent to the rhetoric of inclusion.

2. Equality of opportunity

Let us shed, as a first step, some light on the principle of equality of opportunity. Peter Westen (1990) has presented an illuminating formal analysis. He states that opportunity

designates both a single concept and a multiplicity of conceptions. Each opportunity is like every other in that all opportunities reflect a certain formal relationship among agents, obstacles, and goals; but each opportunity also differs from other opportunities in that each is a relationship among particular agents, particular obstacles, and particular goals. ( Westen, 1990 , p. 171, italics added)

This may seem simple enough. Nevertheless, an important point with respect to the rhetoric of opportunity is already implied here: When opportunities are stated as a reason for, say, political action, speakers often do not specify the particular agents, obstacles, and/or goals they have in mind. Such a speech may still meet with approval although the underlying conceptions of speaker and listener may turn out to be radically different on closer examination. Rhetorical difficulties like these should be kept in mind.

Equal opportunities do not lead to equal outcomes. On the contrary, equal opportunities lead to inequality. There is sense in which a strong commitment to equality of opportunity is incompatible with equality of outcomes, and a society that aims at equalising opportunity is very different from a society that aims at equalising outcomes. The reason is that

(a)n ‘opportunity’ to attain a goal is a chance to attain a goal, not necessarily a guarantee of attaining it. Insofar as people have opportunities that are less than guarantees of what they wish, some of them will inevitably attain goals that others fail to attain. To create equal opportunity, therefore, is virtually always to allow people ‘to become unequal by competing against [their] fellows.’ (Westen, 1990, p. 176f.)

That equality of opportunity leads to inequality has some deeper implications. It can be argued that opportunities express and deliver a certain kind of liberty or freedom which is essential for society and which can not be achieved otherwise. Equality of opportunity is indispensable. T.D. Campbell enunciates the point as follows:

An opportunity may be said to occur when an agent is in a situation in which he may choose whether or not to perform some effortful act which is considered to be desirable in itself or as means to the attainment of some goal which is considered to be desirable. An opportunity is thus a type of liberty or freedom for it involves the absence of prohibitions or obstacles limiting what agents may or can do or acquire. […] (A)n opportunity is something which the agent may or may not take advantage of depending on whether or not he chooses to do so. One of the points about describing a situation as an opportunity is that this indicates that the outcome of the situation depends in part on the choices made by the person who has the opportunity. Opportunities can always be missed or passed up, neglected or rejected. Of course I may be forced to have an opportunity (as when I was compelled to go to school) but it is not an opportunity which I am forced to have if the attainment of the desired goal does not depend to some extent on my choices, that is, for instance, if whether or not I become educated as distinct from go to school, does not depend to some extent on my own volitions. If education as such could be compelled then we would not speak of educational opportunity, at least not in those cases where it is compelled. ( Campbell, 1975, p. 51/54, italics added )

It is true, of course, that not all opportunities are of particular concern to us. People do not care for all kinds of opportunities; they care first and foremost for educational and occupational opportunities. A ‘fair’ or ‘equal’ distribution of opportunities is relevant and vital especially in these domains. What comes into play here, then, is that equality of opportunity must be seen as a matter of distributive justice. A just society will usually seek to equalise opportunities in the sense of distributing them fair an equal. It is worth noticing, however, that opportunities can not be created or distributed at will. Westen notes that

creating one opportunity may mean denying another. Thus, whenever a society creates an opportunity by removing an obstacle that affects people differentially, it denies people the opportunity to benefit from the differential. And, whenever a society creates an opportunity by removing human obstacles, it denies people the opportunity to exploit those obstacles. This does not mean that societies should refrain from creating opportunities. It means, rather, that … the significant question for opportunity is not ‘Whether opportunity?’ but ‘Which opportunities?’ (Westen, 1990, p. 171)

Consequently and in most cases, with equality of opportunity as a rationale for inclusive education, apparently interests will have to be balanced. The interests of those who are excluded from participating effectively in society – of which the education system forms an essential part – will have to be weighed against the interests of those who are successful within such a framework and ‘benefit from the given differential’. A society will therefore have to deliberate about equalising opportunities, which is, ultimately, a democratic process (belonging to the realisation dimension).

It should be emphasized, however, that when a mismatch between a person’s situation and what may be called the dominant cooperative framework of society occurs, the results may be devastating. Being excluded from participating in the most basic interactions and cooperation of society strongly calls for compensation and adjustment. On this basic level, the interest in inclusion will by and large outweigh the interests of those who may be deprived of being as successful as they could be otherwise. If people are denied basic opportunities in this sense, they will normally be in the position of making strong claims in the cause of justice. But the question of particular interest is then, of course, ‘How do we know they are denied these opportunities?’, or more general, ‘How do we know whether opportunities are equal or not?’, e.g. in an education system.

3. How do we know when opportunities are equal?

We have seen so far that we should focus our attention on educational and occupational opportunities; that opportunities secure individual liberty and freedom and lead, consequently, to inequalities; and that equality of opportunity is a matter of distributive justice and may result in strong claims of justice in at least some cases. But on what grounds is it legitimate to judge whether opportunities are equal or not? How do we assess and evaluate equality of opportunity, especially with respect to inclusive education?

There is a substantive answer to this question. Any inquiry into whether opportunities in a given society are equal or not – or within parts of a society, such as the education system – will have to start from ascertainable inequalities under the prevailing circumstances. These inequalities will have to be sufficiently and adequately described in a way that most people would agree is accurate. (We will look at an example in a moment.)

The crucial point to be addressed will be whether or not the portrayed inequalities indicate that the principle of equality of opportunity has been violated. Onora O’Neill (1977) has argued that two different positions suggest themselves. One may be called the ‘formal’ (or ‘liberal’) position. It stresses that inequalities are due to the fact that people may choose to or refrain from taking advantage of the opportunities at hand. The members of society may be extremely unequal in educational and occupational attainment, but if so, it must be the result of the varying capacities, volitions, and desires of those to whom the respective selection procedures are applied. Once the distributive and selective procedures are fair, there is nothing left to complain about. As O’Neill points out,

(s)uch an ‘equal-opportunity society’ would … not be characterized by equal incomes or equal property holdings or equal standards of living or of education. (…) Equal opportunity in the formal sense does not ensure equal success or equal health or equal status, but only the fair application of the rules governing the pursuit of such goods. This is the equality of opportunity of … a society in which there are winners and losers, and in which winning appears often as merited by the winners and losing as deserved by the losers – for did they not all have equal opportunity to win? ( O'Neill, 1977 , p. 180)

The other position may be called the ‘substantive’ (or ‘egalitarian’) position. It stresses that inequalities must not indicate a disproportionate success of certain social groups in a society. Instead, all major social groups – but not all individuals – must fare equally well.

An equal-opportunity society on the substantive view is one in which the success rates of all major social groups are the same. (…) A strong commitment to substantive equality of opportunity demands that any under-representation of some group in some line of employment / income group / educational group be due solely to the unmanipulated choice of members of that group. (…) Substantively equal opportunity is achieved when the success rates of certain major social groups – such as the two sexes, various ethnic groups and perhaps various age groups – are equalized. It is not breached when there are large differences between the most- and least-successful members of these groups, provided that there are equally large differences between the most- and least-successful members of other major social groups. It is not true in a society which aims at substantively equal opportunities that all individuals have the same chance of any given type of success. For individuals are all members of many differently defined groups, and substantive equality of opportunity seeks only to equalize their chances qua members of certain major social groups; it seeks to eliminate inter-group differences, but not to alter intra-group ones. ( O'Neill, 1977 , p. 181-83)

This position is ready to acknowledge that people’s perspectives in life are not exclusively ascribable to a person’s capacities, volitions, and desires. As a matter of fact, there are disadvantages which are undeserved and beyond individual control, such as being disabled or of old age. The ‘substantive’ position is concerned with identifying adequate characteristics of major social groups to enable sound comparisons and call for compensation where needed.

To illustrate, a good example are some results from the PISA study (cf. www.pisa.oecd.org). The OECD Programme for International Student Assessment (PISA) is an internationally standardised assessment that was jointly developed by the participating countries (30 OECD member states plus 13 associated countries in the first assessment in 2000; at least 58 countries will participate in the next assessment in 2006). PISA claims to assess “how far students near the end of compulsory education have acquired some of the knowledge and skills that are essential for full participation in society.” The idea is to give information about the capacities and the potential of education systems. Does an education system prepare students well?

It is only recently that OECD has published some findings concerning equity and quality in the light of the PISA 2000 results. The report states that

(i)n sum, PISA 2000 results show that students in integrated education systems perform, on average, better than those in selective education systems, and that their educational performance is less dependent on their background. Many factors may be at play here. A higher average performance suggests that the more heterogeneous student groups or classes in integrated education systems could have a beneficial effect for the lower-performing students. Also, the flexibility offered by an integrated system may allow students to improve their performance while keeping their academic options open. ( OECD, 2005 , p. 89)

In the main findings section, the report reads:

A striking result was the advantage that comprehensive education systems appear to have in terms of student performance (quality). PISA 2000 results suggest that the performance of students enrolled in comprehensive education systems is less dependent on their socio-economic background. ( ibid., p. 94)

From the perspective of equality of opportunity, it is not so much the aspect of performance (‘quality’) that is of interest here but rather the aspect of uncoupling socio-economic background and performance (‘equity’). There are some countries – Germany is a sad example – in which the social background of a student has a very strong impact (‘predictive power’) on student performance. This means, to put the matter bluntly, that it is not a student’s capacity to perform that determines what he or she will achieve, but first and foremost his or her socio-economic background. The result is that students with a low social background are manifestly underrepresented on the higher levels of the education system.

The ‘liberal’ position has no option but to ascribe this situation to individual factors, say, motivation or ability. This is highly implausible, at least in the case of countries that have had to experience a rude awakening by PISA, such as Germany or Switzerland. ‘Substantive’ equality of opportunity, on the other hand, is precisely concerned with cases like these: Members of a major social group – i.e., students with a lower socio-economic background – are disadvantaged due to factors that are undeserved and beyond individual control, while other groups display disproportionate success. This does call for an equalisation of opportunities.



4. Equality of opportunity and inclusive education: some considerations

In the final part of this paper, I would like to draw some conclusions concerning equality of opportunity and inclusive education.

First, I think that equality of opportunity can serve as a rationale for inclusive education if and only if inclusion is understood in the sense of equity. This would mean to adopt the substantive view of equal opportunity, and will require to provide empirical evidence to show that a major social group of society is indeed undeservedly disadvantaged. It would also mean to suggest that some form of inclusive education is the right course of action to take.

Second, to provide a rationale for inclusive education is obviously very different from the realisation of inclusive education. It should be kept in mind that other interests will have to be allowed for as well and that there might be considerable opposition, even if the claims could compellingly be shown to be legitimate ones. This should not belie the fact, however, that being in the position to provide a rationale for inclusive education is very different from simply claiming that it is right. It is precisely because different and mutually incompatible interests are involved that arguments have to be provided (and there are some highly interesting contributions in this kind of spirit, for example Booth & Ainscow, 1998; Pijl, Meijer & Hegarty, 1997; Vitello & Mithaug, 1998 ).

Third, if this idea bears any validity at all, it has to be pointed out that the rhetoric of inclusion tends to disguise some fundamental points here, especially in relation to policy. For example, the rhetoric of ‘celebrating diversity’ tends to downplay the fact that different legitimate interests are involved and have to be balanced. Cause for concern gives also the factor that any policy perspective will always have to operate along the lines of defining social groups. It may come as a surprise that this is not only due to administrative reasons (cf. Dever, 1990 ) but is also demanded from an ethically informed perspective. There are no claims of distributive justice – and hence no rationale for inclusive education – without the construction of social groups. The talk of heterogeneity isn’t much help in these matters, the more so as it quite often blurs who is thought to be the target group of inclusion within the inclusive education discourse.

Fourth, it will be as unavoidable as it is fruitful to strive to merge ethical considerations and empirical research in some respect. The idea behind this is that an empirical basis is indispensable in order to substantiate claims, while at the same time ethical considerations are indispensable to provide a sensible interpretative framework for empirical findings and to draw sound conclusions. One main feature of these arguments, reasons and rationales is that they must be eligible to convince others on grounds they can not reasonably reject – to convincingly argue the case.

Fifth, there seems to be a broad consensus that inclusive education has to be conceptualised as a general education topic, not as another issue of special education. Equality of opportunity might help us to engross the implications of what this actually means. It might help us to see the big picture.

Sixth, it has to be pointed out that there is not one choice in these matters, but many. There is no unequivocal course of action to take. Dyson’s proposal to talk not of inclusion, but of inclusions, and to seek not a single form but a wide range of inclusive practice and organisation (1999, p. 46), deserves a good deal more of attention. Moreover, I think the field of special education should be very serious about Seamus Hegarty’s remark that inclusive education has to be about changing and modifying system in a way that preserves all its strengths (cf. Hegarty, 1998 , p. 156).

References

BOOTH T. & AINSCOW M. (eds.) (1998) From Them to Us. An International Study of Inclusion in Education. London: Routledge.

CAMPBELL T.D. (1975) Equality of Opportunity. Proceedings of the Aristotelian Society 75, 51-68.

DEVER R.B. (1990) Defining Mental Retardation from an Instructional Perspective. Mental Retardation 28 (3), 147-53.

DYSON A. (1999) Inclusion and Inclusions: Theories and Discourses in Inclusive Education. IN Daniels H. & Garner P. (eds.) World Yearbook of Education 1999: Inclusive Education. London: Kogan, 36-53.

HEGARTY S. (1998) Challenges to Inclusive Education: A European Perspective. IN Vitello S. & Mithaug D.E. (eds.) Inclusive Schooling: National and International Perspectives. Mahwah, NJ: Erlbaum, 151-65.

O'NEILL O. (1977) How Do We Know When Opportunities Are Equal? IN Vetterling-Braggin M., Elliston F.A. & English J. (eds.) Feminism and Philosophy. Totowa, NJ: Rowman & Littlefield, 177-89.

OECD (2005) School Factors Related to Quality and Equity. Results from Pisa 2000. Paris: OECD.

PIJL S.J., MEIJER C. & HEGARTY S. (eds.) (1997) Inclusive Education: A Global Agenda. London: Routledge.

VITELLO S. & MITHAUG D.E. (eds.) (1998) Inclusive Schooling. National and International Perspectives. Mahwah, NJ: Erlbaum.

WESTEN P. (1990) Speaking of Equality. An Analysis of the Rhetorical Force of Equality in Moral and Legal Discourse. Princeton, N.J.: Princeton University Press.

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The University of Strathclyde Association of Directors of Education in Scotland NASEN Inclusive Technology Ltd Greater Glasgow & Clyde Valley Tourist Board Virtual Staff College

As Neeley Leaves TEA, Report Says Perry Crony Commits Cronyism

Posted in Had Enough Yet?, Education, Around The State at 9:17 am by wcnews

Here’s the AAS story about this from yesterday, Report cites problems with TEA contract, it also include a link to the report.

Associates and former employees of high-ranking officials at the Texas Education Agency have in recent years won pieces of contracts that were not competitively bid, according to a report from the agency’s inspector general.

The report, obtained by the American-Statesman on Wednesday, says that contracts went to education service centers, which serve as regional outposts for the state agency, and that the associates of agency officials received subcontracts.

The report does not explicitly state whether competitive bids should have been taken. Even when competitive bids are issued, agency staff members do not follow the agency’s contract policies, the report says.

Education Commissioner Shirley Neeley, who ordered the report after an agency employee raised questions in February, has turned it over to State Auditor John Keel, who is investigating further, agency spokeswoman Debbie Ratcliffe said.

Neeley who commissioned the report is being replaced by her second in command, and Perry Crony, Robert Scott who was “frequently cited” in the report. From today’s HChron, Perry stands by choice for TEA fill-in. Why wouldn’t he? That is, after all, what crony’s do for one another.

Gov. Rick Perry has no concerns about putting deputy commissioner Robert Scott temporarily in charge of the Texas Education Agency, the governor’s spokesman said Thursday, despite questions raised in an inspector general’s report detailing no-bid contracts that went to Scott’s friends.

“None. The governor has complete confidence that he will do his job with the utmost integrity and professionalism, just as he always has,” Perry spokesman Robert Black said.

Scott will lead the agency, which oversees public education for 4.5 million children attending Texas public schools, until Perry picks a permanent successor to Shirley Neeley, who left her job as commissioner this week after the governor decided not to reappoint her.

A former Perry aide, Scott previously led the agency between Neeley’s appointment and the departure of her predecessor, Felipe Alanis.

The inspector general’s report released Wednesday chronicled instances when contracts that were not competitively bid landed with Austin attorney Emily Miller, described in the report as a friend of Scott’s, or with his former executive assistant, Cory Rountree.

The report said it was often unclear how Scott’s friends got the work.

“Key participants in the contracting process do not agree as to how the subcontractors were chosen,” according to the report.

The inspector general’s report said the education agency failed to follow state contracting policy in awarding millions of dollars in competitive grants. It highlighted ambiguities in awarding grants from a $261 million partnership between the state and several private foundations for high school improvement.

Neeley commissions the report, that fingers the governor’s buddy and shortly before it’s release she’s “forced out” of her job.

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2. A juvenile has the right to have an attorney present during interrogation.

TEXAS JUVENILE LAW

In Texas, juveniles are defined as minors, older than 10 years of age and under the age of 17. Juveniles are treated differently than adult offenders and the general goal of the juvenile system is rehabilitation as opposed to punishment. However, the penalties in the juvenile system can still be severe. Some offenses, such as truancy and breaking curfew, are unique to juveniles, and would not be illegal if the accused were an adult. The juvenile justice system generally moves much more quickly than does the adult criminal justice system. Don't wait to hire a good juvenile defense lawyer to represent your child. Call Attorney David Finn at: 214-651-1121.

There are separate courts and rules that govern the juvenile process. The juvenile court system will generally make every effort to rehabilitate the child rather than simply incarcerate him. Only in extreme cases, such as serious felonies, usually involving allegations of violence or the use of a deadly weapon, will a juvenile be tried as an adult. The juvenile courts may hold a hearing to determine whether to transfer the juvenile to the adult court system. This is called a "transfer hearing." The court will base its decision to transfer on the following factors:

1. The seriousness of the offense
2. The child's criminal sophistication
3. Previous criminal record
4. Previous attempts to rehabilitate the juvenile offender
5. The court's belief that future attempts at rehabilitation will be unsuccessful

While many of the laws governing juveniles may differ from the adult system, the rights that juveniles enjoy are virtually identical to those enjoyed by adults.

1. A juvenile must be read his Miranda rights if placed under arrest.
2. A juvenile has the right to have an attorney present during interrogation.
3. A juvenile has the right to know the specific charges being brought by the State.
4. A juvenile has rights against self-incrimination.
5. A juvenile has the right to confront his accuser and examine witnesses.
6. A juvenile has the right to appeal the court's decision.
7. A juvenile does have the right to a jury trial during the adjudication phase

If a juvenile finds herself in a situation involving the police or other law enforcement, please remember the following information:

1. You do not have to submit to a search unless you have been placed under arrest.

If you are asked to give permission to search you should politely but firmly decline. If the police say they have a search warrant, ask to see it.

2. Do not resist arrest.
3. Do not volunteer information or answer questions without your attorney present.
4. Provide only your name, address, and phone number.
5. Call your parents as soon as possible.
6. Insist that your parents and an attorney be present during questioning.
7. Do not discuss your case with anyone other than your attorney.

Do not discuss your case with your friends or classmates.

Finally, do not attempt to represent yourself in court. Hire an experienced criminal defense attorney, preferably one who is board-certified in criminal law.

Texas Juvenile Justice: Overview

Taking Into Custody; Issuance of Warning Notice: Texas Family Code Section 52.01

A child may be taken into custody: pursuant to an order of the juvenile court; pursuant to the Texas laws for arrest; by a law enforcement officer if there is probable cause to believe that the child has engaged in conduct that violates the penal laws of Texas or any political subdivision or delinquent conduct or conduct indicating a need for supervision. It is the duty of the law enforcement officer who has taken a child into custody to transport the child to the appropriate detention facility if the child is not released to the parent, guardian, or custodian of the child. If the juvenile detention facility is located outside the county in which the child is taken into custody, it shall be the duty of the law enforcement officer who has taken the child into custody or, if authorized by the commissioners court of the county, the sheriff of that county, to transport the child to the appropriate juvenile detention facility unless the child is released to the parent, guardian, or custodian of the child.

Delinquent Conduct: Conduct Indicating a Need for Supervision:

Texas Family Code Section 51.03

(a) Delinquent conduct is defined as:

1. conduct, other than a traffic offense, that violates a penal law of Texas or of the United States punishable by imprisonment or by confinement in jail;
2. conduct that violates a lawful order of a municipal court or justice court under circumstances that would constitute contempt of that court;
3. conduct that constitutes: Driving While Intoxicated (DWI), Flying While Intoxicated, Boating While Intoxicated, Intoxication Assault, Intoxication Manslaughter, and Driving Under the Influence of Alcohol by a minor (DUI).

(b) Conduct indicating a need for supervision includes:

1. conduct, other than a traffic offense, that violates the penal laws of Texas of the grade of misdemeanor that are punishable by a fine only (class c-misdemeanors); the penal ordinances of any political subdivision of Texas; the absence of a child on 10 or more days or parts of days within a 6 month period in the same school year or on 3 or more days or parts of days within a 4 week period from school; the voluntary absence of a child from the child's home without the consent of the child's parents or guardian for a substantial length of time or without intent to return; conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint; or an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Texas Education Code.

Release from Detention: Texas Family Code Section 53.02

(a) If a child is brought before the court or delivered to a detention facility, the intake or other authorized officer of the court shall immediately make an investigation and shall release the child unless it appears that his detention is warranted under subsection (b), below.

The release may be conditioned upon requirements reasonably necessary to insure the child's appearance at later proceedings, but the conditions of the release must be in writing and filed with the office or official designated by the court and a copy furnished to the child.

(b) A child taken into custody may be detained prior to hearing on the petition only if:

1. the child is likely to abscond or be removed from the court's jurisdiction;
2. suitable supervision, care, or protection for the child is not being provided by a parent, guardian, custodian, or other person;
3. the child has no parent, guardian, custodian, or other person able to return the child to the court when required;
4. the child may be dangerous to himself or herself or the child may threaten the safety of the public if released;
5. the child has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released; or
6. the child's detention is required under subsection (f), below.

(c) If the child is not released, a request for detention hearing shall be made and promptly presented to the court, and an informal detention hearing shall be held promptly, but not later than the second working day after the child is taken into custody. If the child is taken into custody on a Friday or Saturday, then the detention hearing shall be held on the first working day after the child is taken into custody.

(d) A release of a child to an adult must be conditioned on the agreement of the adult to be subject to the jurisdiction of the juvenile court and to an order of contempt by the court if the adult, after notification, is unable to produce the child at later proceedings.

(e) If a child being released under this section is expelled from school in a county with a population greater than 125,000, the release shall be conditioned on the child's attending a juvenile justice alternative education program pending a deferred prosecution or formal court disposition of the child's case.

(f) A child who is alleged to have engaged in delinquent conduct and to have used, possessed, or exhibited a firearm in the commission of the offense shall be detained until the child is released at the direction of the judge of the juvenile court, a substitute judge, or a referee appointed, including an oral direction by telephone, or until a detention hearing is held.

Detention Hearing: Texas Family Code Section 54.01

(a) Generally speaking, a detention hearing without a jury shall be held promptly, but not later than the second working day after the child is taken into custody; provided, however, that when a child is detained on a Friday or Saturday, then such detention hearing shall be held on the first working day after the child is taken into custody.

(b) Reasonable notice of the detention hearing, either oral or written, shall be given, stating the time, place, and purpose of the hearing. Notice shall be given to the child and, if they can be found, to his parents, guardian, or custodian. Prior to the beginning of the hearing, the court shall inform the parties of the child's right to counsel and to appointed counsel if they are indigent and of the child's right to remain silent with respect to any allegations of delinquent conduct or conduct indicating a need for supervision.

(c) At the detention hearing, the court may consider written reports from probation officers, professional court employees, or by professional consultants in addition to the testimony of witnesses. Prior to the detention hearing, the court shall provide the attorney for the child with access to all written matter to be considered by the court in making the detention decision. The court may order counsel not to reveal items to the child or his parents if such disclosure would materially harm the treatment and rehabilitation of the child or would substantially decrease the likelihood of receiving information from the same or similar sources in the future.

(d) A detention hearing may be held without the presence of the child's parents if the court has been unable to locate them. If no parent or guardian is present, the court shall appoint counsel or a guardian ad litem for the child.

(e) At the conclusion of the hearing the court shall order the child released from detention unless it appears that he is likely to abscond, suitable supervision is not being provided to the child, he has no parent or guardian able to return the child to court when required, he may be dangerous to himself or others, or he has previously been found to be a delinquent child or has been previously convicted of a penal offense higher than a Class C misdemeanor and is likely to commit an offense if released. If the judge concludes that the child should be detained, the detention order extends for no more than 10 working days. Further detention orders may be made following subsequent detention hearings. The initial detention hearing may not be waived, but subsequent detention hearing may be waived.

Note: No statement made by the child at the detention hearing shall be admissible against the child at any other hearing.

Preliminary Investigation & Determinations; Notice to Parents:

Texas Family Code Section 53.01

On referral of a child, the intake officer, probation officer, or other person authorized by the court shall conduct a preliminary investigation to determine whether the person referred is a child and whether there is probable cause to believe that the child engaged in delinquent conduct or conduct indicating a need for supervision. If it is determined that the person is not a child or there is no probable cause, the person shall immediately be released. The child's parents are to promptly receive notice of the whereabouts of the child and also a statement explaining why the child was taken into custody. If the child is alleged to have engaged in delinquent conduct of the grade of felony, or conduct constituting a misdemeanor offense involving violence to a person or the use or possession of a firearm, illegal knife, or club, then the case is immediately forwarded to the office of the prosecuting attorney.

Summons: Texas Family Code Section 53.06

The juvenile court shall direct issuance of a summons to the child named in the petition, the child's parents, guardian, or custodian, the child's guardian ad litem, and any other person who appears to the court to be a proper or necessary party to the proceeding. A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing.

Service of Summons: Texas Family Code Section 53.07

If a person to be served with a summons is in Texas and can be found, the summons shall be served upon him personally at least 2 days before the adjudication hearing. If he is in Texas but cannot be found, but his address is known or can be ascertained, the summons may be served on him by mailing a copy by registered or certified mail, return receipt requested, at least 5 days before the day of the hearing. If he is outside Texas but can be found or his address is known, service of the summons may be made either by delivering a copy to him personally or mailing a copy to him by registered mail, return receipt requested, at least 5 days before the day of the adjudication hearing.

Attendance at Hearing: Parent or Other Guardian: Texas Family Code Section 51.115

Parents or guardians of a child are required by law to attend each court hearing affecting a child held under: possible transfer to criminal district/adult court; adjudication hearing; disposition hearing; hearing to modify disposition; release or transfer hearing. If a parent or guardian receives notice of any of these proceedings and is a resident of Texas, failure to appear could result in a fine for contempt of court.

Photographs & Fingerprints of Children: Texas Family Code Sections 58.002-0021

With limited exceptions, a child may not be photographed or fingerprinted without the consent of the juvenile court unless the child is taken into custody or referred to the juvenile court for conduct that constitutes a felony or a misdemeanor punishable by confinement in jail (which means a Class A or Class B misdemeanor). However, this prohibition does not prohibit law enforcement from photographing or fingerprinting a child who is not in custody if the child's parent or guardian voluntarily consents in writing. Furthermore, this prohibition does not apply to fingerprints that are required or authorized to be submitted or obtained for an application for a driver's license or personal identification card.

Note/Exception to General Rule stated above: Law enforcement may take temporary custody of a child to take the child's fingerprints if the officer: has probable cause to believe that the child has engaged in delinquent conduct; the officer has investigated that conduct and found other fingerprints during the investigation; and the officer has probable cause to believe that the child's fingerprints will match the other fingerprints. Law enforcement may take temporary custody of a child to take the child's photograph if the officer: has probable cause to believe that the child has engaged in delinquent conduct; and the officer has probable cause to believe that the child's photograph will be of material assistance in the investigation of the conduct. However, in either instance, unless the child then placed under arrest, the child must be released from temporary custody as soon as the fingerprints or photographs are obtained.

Waiver of Rights: Texas Family Code Section 51.09

Unless a contrary intent clearly appears elsewhere in the Family Code, any right granted to a child by this Section or by the constitution or laws of Texas or the United States may be waived in proceedings under this section if:

1. the waiver is made by the child and the attorney for the child;
2. the child and the attorney waiving the right are informed of and understand the right and the possible consequences of waiving it;
3. the waiver is voluntary; and
4. the waiver is made in writing or in court proceedings that are recorded.

Polygraph Examination: Texas Family Code Section 51.151

If a child is taken into custody pursuant to an order of the juvenile court or pursuant to the laws of arrest by a law enforcement officer, a person may not administer a polygraph examination to the child without the consent of the child's attorney or the juvenile court unless the child is transferred to a criminal district court for prosecution in the adult system. Bottom line: Do not consent to a polygraph examination without consulting with your lawyer.

Physical or Mental Examination: Texas Family Code Section 51.20

(a) At any stage of the proceedings the juvenile court may order a child who is referred to the juvenile court or who is alleged by a petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision to be examined by the local mental health or mental retardation authority or another appropriate expert, including a physician, psychiatrist, or psychologist.

(b) If, after conducting an examination of a child and reviewing any other relevant information, there is reason to believe that the child has a mental illness or mental retardation, the probation department shall refer the child to the local mental health or mental retardation authority for evaluation and services, unless the prosecutor has filed a court petition against the child alleging delinquent conduct or conduct indicating a need for supervision.

Election Between Juvenile Court & Alternate Juvenile Court:

Texas Family Code Section 51.18

(a) This section applies only to a child who has a right to a trial before a juvenile court the judge of which is not an attorney licensed to practice in Texas.

(b) On any matter that may lead to an order appealable under Section 56.01 of the Family Code, a child may be tried before either the juvenile court or the alternate juvenile court.

(c) The child may elect to be tried before the alternate juvenile court only if the child files a written notice with that court not later than 10 days before the date of the trial. After the notice is filed, the child may be tried only in the alternate juvenile court. If the child does not file a notice as provided by this section, the child may be tried only in the juvenile court.

(d) If the child is tried before the juvenile court, the child is not entitled to a trial de novo before the alternate juvenile court.

Transfer/Waiver: Texas Family Code Section 54.02

The juvenile court may waive its exclusive original jurisdiction and transfer a child to the appropriate criminal district court to be tried as an adult if the child is alleged to have violated a penal law of the grade of felony if the child was 14 years of age or older at the time he is alleged to have committed the offense, if the offense is a capital felony, an aggravated controlled substance felony, or a felony of the first degree; or 15 years of age or older at the time the child is alleged to have committed the offense, if the offense is a felony of the second or third degree or a state jail felony.

The juvenile court judge is not required to certify a child to stand trial as an adult. It's a judgment call. The juvenile court judge will investigate the matter and hold a hearing on the transfer request. The judge orders a complete diagnostic study, social evaluation, and a full investigation of the child, his circumstances, and the circumstances of the alleged offense. At the transfer hearing the court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. In making her decision whether to transfer the case to the adult court, the judge considers: (1) whether the alleged offense was against person or property, with greater weight in favor of transfer given to offenses against a person; (2) the sophistication and maturity of the child; (3) the record and previous history of the child; and (4) the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use or procedures, services, and facilities currently available to the juvenile court.

Determinate Sentencing: Texas Family Code Section 53.045

If a child is accused of a very serious criminal violation, or habitual felony conduct (see section below), the prosecutor can pursue what is called determinate sentencing. In order to pursue determinate sentencing the prosecutor files a petition with the grand jury, basically asking the grand jury to grant the prosecutor's request to pursue determinate sentencing if the child is convicted. If 9 members of the grand jury approve the petition, then determinate sentencing becomes a viable sentencing option for the judge/jury if the child is convicted of the offense. Determinate sentencing doesn't mean that the child will be tried as an adult in a criminal district court. The case remains in the juvenile court even if the grand jury grants the request for determinate sentencing. but the stakes for the child are raised dramatically if the grand jury grants the prosecutor's petition for determinate sentencing.

Eligibility: The prosecutor can pursue determinate sentencing if the child is charged with habitual felony conduct, or if the child is charged with any of the following offenses:

capital murder, murder, manslaughter, aggravated kidnapping, sexual assault, aggravated sexual assault, aggravated assault, aggravated robbery, injury to a child, elderly, or disabled individual if punishable as a felony other than a state jail felony, felony deadly conduct involving the discharge of a firearm, aggravated controlled substance felony, criminal solicitation of a minor, indecency with a child, arson, if bodily injury or death is suffered by any person by reason of the commission of the arson, intoxication manslaughter, or attempted murder or attempted capital murder. If your child is charged with one of the offenses listed above, she is eligible for determinate sentencing even if this is her first offense.

Impact: If the grand jury grants the prosecutor's request to impose determinate sentencing, and the child is convicted of habitual felony conduct or any of the offenses listed above, then the court or jury may sentence the child to commitment in the Texas Youth Commission with a possible transfer to the institutional division of the Texas Department of Criminal Justice (adult prison system) for a term of: up to 40 years if the conduct constitutes a capital felony, first-degree felony, or an aggravated controlled substance felony; up to 20 years if the conduct constitutes a second-degree felony; and up to 10 years if the conduct constitutes a third-degree felony. So instead of being sent to the Texas Youth Commission until the child turns 18, determinate sentencing would allow the child to be sentenced to up to 40 years in the adult prison system by a judge or jury.

Habitual Felony Conduct: Texas Family Code Section 51.031

(a) Habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if:

1. the child who engaged in the conduct has at least 2 previous final adjudications as having engaged in delinquent conduct violating a penal law of the grade of felony; and,
2. the second previous final adjudication is for conduct that occurred after the date the first previous adjudication became final; and,
3. all appeals relating to the previous adjudications have been exhausted.

Review by Prosecutor: Texas Family Code Section 53.012

The prosecuting attorney shall promptly review the circumstances and allegations of a referral made to her for legal sufficiency and the desirability of prosecution and may file a petition without regard to whether probable cause was found during the court's preliminary investigation.

If the prosecutor does not file a petition requesting the adjudication of the child referred to the prosecutor, the prosecutor must terminate all proceedings, if the reason is for the lack of probable cause; or return the referral to the juvenile probation department for further proceedings.

The prosecutors have considerable discretion and control over your child's case.

Deferred Prosecution: Texas Family Code Section 53.03

(a) Subject to subsections (e) and (g) below, if the preliminary investigation results in a determination that further proceedings in the case are authorized, the probation officer or other designated officer of the court, subject to the direction of the juvenile court, may advise the parties for a reasonable period of time not to exceed 6 months concerning deferred prosecution and rehabilitation of a child if:

1. deferred prosecution would be in the best interest of the public and child;
2. the child and her parent, guardian, or custodian consent with knowledge that consent is not obligatory; and
3. the child and his parent, guardian, or custodian are informed that they may terminate the deferred prosecution at any point and petition the court for a court hearing in the case.

(b) Except as otherwise permitted, the child may not be detained during or as a result of the deferred prosecution process.

(c) An incriminating statement made by a participant to the person giving advice and in the discussion or conferences incident thereto may not be used against the declarant in any court hearing.

(d) The court may adopt a fee schedule for deferred prosecution services. The maximum fee is $15 per month.

(e) The prosecuting attorney may defer prosecution for any child. A probation officer or other designated officer of the court may defer prosecution for a child who has previously been adjudicated for conduct that constitutes a felony only if the prosecuting attorney consents in writing.

(f) The probation officer or other officer supervising a program of deferred prosecution for a child shall report to the juvenile court any violation by the child of the program.

(g) Prosecution may not be deferred for a child alleged to have engaged in conduct that constitutes: driving/flying/boating while intoxicated, intoxication assault, intoxication manslaughter, or that constitutes a third or subsequent offense of consumption of alcohol by a minor or driving under the influence of alcohol (DUI) of a minor.

First Offender Program: Texas Family Code Section 52.031

A juvenile board may establish a first offender program for the referral and disposition of children taken into custody for: (1) conduct indicating a need for supervision; or (2) delinquent conduct other than conduct that constitutes a felony of the first, second, or third degree, an aggravated controlled substance felony, or a capital felony; or a state jail felony or misdemeanor involving violence to a person or the use or possession of a firearm, illegal knife, or club, or a prohibited weapon, as described by Section 46.05, Texas Penal Code. If the child has previously been adjudicated as having engaged in delinquent conduct he may be ineligible for the First Offender Program. Also, the child's parents or guardian must receive notice that the child has been referred for disposition under the First Offender Program.

Teen Court Program: Texas Family Code Section 54.032

A juvenile court may defer adjudication proceedings during an adjudication hearing for not more than 180 days if the child:

(1) is alleged to have engaged in conduct indicating a need for supervision that violated a penal law of Texas of the grade of misdemeanor that is punishable by a fine only or a penal ordinance of a political subdivision of Texas;

(2) waives the privilege against self-incrimination and testifies under oath that the allegations are true;

(3) presents to the court an oral or written request to attend a teen court program; and

(4) has not successfully completed a teen court program for the violation of the same penal law or ordinance in the two years preceding the date that the alleged conduct occurred.

Note: The teen court program must be approved by the court.

Adjudication Hearing: Texas Family Code Section 54.03

This is what is commonly referred to as the "guilty-not guilty" phase of a trial. A child may be found to have engaged in delinquent conduct or conduct indicating a need for supervision only after an adjudication hearing. The child is presumed innocent unless and until the prosecution proves that the child is guilty of the charge beyond a reasonable doubt. The burden of proof is on the state. The verdict must be unanimous.

At the beginning of an adjudication hearing the juvenile court judge shall explain to the child and his parent, guardian, or guardian ad litem: the allegations made against the child; the nature and possible consequences of the proceedings; the child's privilege against self-incrimination; the child's right to trial and to confront witnesses; the child's right to representation by an attorney if he is not already represented; and the child's right to a trial by jury.

Only material, relevant, and competent evidence in accordance with the Texas Rules of Criminal Evidence may be considered in an adjudication hearing. Hearsay testimony is generally not admissible. A statement made by the child out of court is insufficient to support a finding of delinquent conduct or conduct indicating a need for supervision unless it is corroborated in whole or in part by other evidence. An adjudication of delinquent conduct or conduct indicating a need for supervision cannot be had upon testimony of an accomplice unless corroborated by other evidence tending to connect the child with the alleged delinquent conduct or conduct indicating a need for supervision; and the corroboration is not sufficient if it merely shows the commission of the alleged conduct. Finally, evidence illegally seized or obtained is inadmissible in an adjudication hearing.

A child may be found guilty of committing a lesser-included offense of the offense charged.

If the judge or jury finds that the child did engage in delinquent conduct or conduct indicating a need for supervision, then the court or jury shall state which of the allegations in the petition were found to be established by the evidence. The court will then set a date and time for the disposition hearing.

If the judge or jury finds that the child did not engage in delinquent conduct or conduct indicating a need for supervision, the court shall dismiss the case with prejudice.

Disposition Hearing: Texas Family Code Section 54.04

This term can be confusing. What we're talking about here is the "sentencing" phase of the proceedings. The disposition hearing only comes into play if the child has been found guilty of the delinquent conduct or criminal activity alleged in the petition. If the child is found not guilty of all allegations during the adjudication hearing then there is no disposition hearing.

The disposition hearing is separate, distinct, and subsequent to the adjudication hearing. There is no right to a jury at the disposition hearing unless the child is in jeopardy of a determinate sentence as approved by the grand jury. If the child is eligible for determinate sentencing, then the child is entitled to a jury of 12 persons to determine the sentence.

At the disposition hearing, the juvenile court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. Prior to the disposition hearing, the child's lawyer is to have received all written matter to be considered in disposition. No disposition may be made unless the child is in need of rehabilitation or the protection of the public or the child requires that disposition be made. No disposition placing the child on probation outside the child's home may be made under this section unless the court or jury finds that the child, in the child's home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of probation. If the judge or jury grant probation, the court will attach various conditions of the probation. Depending on the nature of the charges and the child's criminal history, if probation is not granted, the child could be sentenced to a term of confinement in the Texas Youth Commission.

Payment of Probation Fees: Texas Family Code Section 54.061

If a child is placed on probation, the juvenile court, after giving the child, parent, or other person responsible for the child's support, a reasonable opportunity to be heard, shall order the child, parent, or other person, if financially able to do so, to pay to the court a fee of not more than $15 a month during the period that the child continues on probation. If the court finds that a child, parent, or other person responsible for the child's support is financially unable to pay the probation fee, the court shall enter into the records of the child's case a statement of that finding.

Monitoring School Attendance: Texas Family Code Section 54.043

If the court places a child on probation and requires as a condition of probation that the child attend school, the probation officer shall monitor the child's school attendance and report to the court if the child is voluntarily absent from school.

Restitution: Texas Family Code Section 54.048

A juvenile court, in a disposition hearing, may order restitution to be made by the child and the child's parents. This applies regardless of whether the petition in the case contains a plea for restitution.

Admission of Unadjudicated Conduct: Section 54.045

During a disposition hearing, a child may admit having engaged in delinquent conduct or conduct indicating a need for supervision for which the child has not been adjudicated and request the court to take the admitted conduct into account in the disposition of the child's pending case. If the prosecutor agrees in writing, then the court may take the admitted conduct into account in the disposition of the child. However, a court may take into account admitted conduct over with exclusive venue lies in another county only if the court obtains the written permission of the prosecuting attorney for that county. A child may not be adjudicated by any court for having engaged in conduct taken into account under this section unless the conduct taken into account included conduct that took place in another county and the written permission of the prosecuting attorney of that county was not obtained.

Community Service: Texas Family Code Section 54.044

If the court places a child on probation, the court shall require as a condition of probation that the child work a specified number of hours at a community service project approved by the court and designated by the juvenile probation department. This requirement may be waived if the court finds that the child is physically or mentally incapable of participating in the project or that participating in the project will be a hardship on the child or his family or that the child has shown good cause that community service should not be required.

Note: The court may also order that the child's parent perform community service with the child.

Child Placed on Probation for Conduct Involving a Handgun:

Texas Family Code Section 54.0406

(a) If a court or jury places a child on probation for conduct that violates a penal law that includes as an element of the offense the possession, carrying, using, or exhibiting of a handgun, and if at the adjudication hearing the court or the jury affirmatively finds that the child personally possessed, carried, used, or exhibited a handgun, the court must require as a condition of probation that the child, not later than the 30th day after the date the court places the child on probation, notify the juvenile probation officer who is supervising the child of the manner in which the child acquired the handgun, including the date and place of any person involved in the acquisition. The juvenile probation officer is then to relay any relevant information regarding the handgun to the police. Your lawyer should be with you when this takes place.

Note: Information provided by the child to the juvenile probation officer regarding the acquisition of the handgun and any other information derived from that information may not be used as evidence against the child in any juvenile or criminal proceeding.

Rights of Appeal: Warning: Texas Family Code Section 54.034

Before the court may accept a child's plea or stipulation of evidence in a proceeding under this title, the court must inform the child that if the court accepts the plea or stipulation and the court makes a disposition in accordance with the agreement between the state and the child regarding the disposition of the case, the child may not appeal an order of the court pursuant to an adjudication hearing, a disposition hearing, or a hearing to modify disposition, unless the court gives the child permission to appeal; or the appeal is based on a matter raised by written motion filed before the proceeding in which the child entered the plea or agreed to the stipulation of evidence. An appeal from an order of a juvenile court is to the court of appeals and the case may be carried to the Texas Supreme Court by writ of error or upon certificate, as in civil cases generally. The requirements governing a juvenile appeal are as in civil cases generally.

Note: An appeal does not suspend the order of the juvenile court, nor does it release the child from the custody of that court or of the person, institution, or agency to whose care the child is committed, unless the juvenile court so orders. However, the appellate court may provide for a personal bond pending the appeal.

Sealing Juvenile Records: Texas Family Code Section 58.003

One of the most important things that can be done for a juvenile is to get the juvenile records sealed as soon as allowed by law.

The benefits of sealing a child's juvenile records are immense. Once the records are sealed, information relating to the arrest, detention, prosecution, and conviction, are physically sealed and/or destroyed. This means that the child can start adulthood with a "clean" slate. And it also means that the child is authorized by law to say that he has never been convicted.

Section 58.003 of the Texas Family Code provides that, except for juveniles who received a determinate sentence for engaging in delinquent conduct that violated a penal law such as murder, capital murder, manslaughter, aggravated kidnapping, sexual assault, aggravated sexual assault, aggravated assault, injury to a child/elderly/disabled person, arson, indecency with a child, etc., or engaged in habitual felony conduct, the juvenile records may be sealed if the court finds that 2 years have elapsed since final discharge of the person or since the last official action in the person's case if there was no adjudication; and if since that time the person has not been convicted of a felony or a misdemeanor involving moral turpitude or found to have engaged in delinquent conduct or conduct indicating a need for supervision and no proceeding is pending seeking conviction or adjudication.

A court may also order the sealing of records concerning a juvenile adjudicated as having engaged in delinquent conduct that violated a penal law of the grade of felony (not including many determinate sentences) if: the person is 21 years of age or older; the person was not transferred by a juvenile court to an adult criminal court for prosecution; the records have not been used as evidence in the punishment phase of a criminal proceeding under Article 37.07, Code of Texas Criminal Procedure; and if the person has not been convicted of a penal law of the grade of felony after becoming age 17.

If a child is referred to the juvenile court for conduct constituting any offense and at the adjudication hearing (guilt/innocence) the child is found to be not guilty of each offense alleged, the court shall immediately order the sealing of all files and records relating to the case.

David Finn is board certified in criminal law by the Texas Board of Legal Specialization. Call today for a free initial consultation.


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