A Pipeline to Prison—and Suicide—for Native Kids
This article appeared on Indian Country Media Network in 2013. For more on topics like this, see my book, American Apartheid: The Native American Struggle....
A new legal paper on racial disparities in juvenile
justice is laced with searing narratives of wrongs suffered by Native schoolchildren
on Montana’s remote and windswept reservations. Law graduate Melina Healey’s study,
“The School-to-Prison Pipeline Tragedy on Montana’s American Indian Reservations,”
has just appeared in the New York
University Review of Law & Social Change.
According to Healey (shown here), who
got her NYU law degree this past May, the school-to-prison phenomenon has been well documented in poor, minority communities
nationwide. However, it’s been generally
ignored with respect to Montana’s
reservations, where the problem is extreme. “I’m
baffled by this,” she said in an interview. “It’s a staggering tragedy.”
Dennis Parker, director of the American Civil
Liberties Union’s Racial Justice Project said the
paper made a valuable contribution by focusing on a population that is
frequently left out of the discussion. “Healey documents a confluence of
factors that have harmful consequences for Indian children and lead to them
being denied the most basic opportunities for educational achievement.”
Stuck in failing public schools in impoverished
communities, Montana’s American Indian children face high rates of suspension,
expulsion and arrest, with little regard for due process, Healey found. Being
pushed out of school means separation from friends and positive routines and,
for many youngsters, regular meals. This, in turn, drives not just trouble with
the law but also some of the nation’s highest suicide rates, according to
Healey. She recounts heartbreaking stories of Montana Native kids who killed
themselves, or tried to, after being disciplined at school.
“Healey tells yet another sad story of our school systems
failing to meet the needs of our youngest First Americans,” said former
U.S. Senator Byron Dorgan, founder of the Center for Native American Youth, a
policy group that advocates for the
health, safety and well-being of Indian children. “Our federal government has a
trust responsibility to provide these services to Native American children and
the fact is, we simply must do better.”
Numerous forces push schools to eject troubled students
rather than work with them and their families, Healey learned. These include zero-tolerance
programs and the No Child Left Behind Act, which penalizes inferior schools
financially without offering meaningful resources for improvement. As a result,
schools want to get rid of those students who require the most help to meet NCLB’s
testing criteria.
School programs throughout Montana use simple techniques
like counseling and mentoring very successfully, Healey found. However, the projects
are so small and so few, they have little effect on the larger picture. In a
recent year, Healey’s data show, Montana’s Native youngsters were more likely
than their white peers to be arrested. Despite a similar breakdown of
misdemeanor and felony charges, Native children were two-and-one-half times
more likely to be sent to adult court than white children and twice as likely
to be imprisoned. Meanwhile, white youngsters were more likely to be diverted
to alternative out-of-court programs.
Healey suggests innovative legal remedies, including
federal and state constitutional challenges. Her ideas are based in theories
that question the neutrality of our justice system and look at ways it leaves
in place what she calls “the larger structural issues of resource and power
inequality.” This maintains institutional racism, even when the individuals
involved may not intend racial bias; to remedy this, courts must consider the larger
narrative that surrounds a controversy, Healey says.
She offered a recent example. In October 2013, the
Montana Supreme Court dismissed a wrongful-death lawsuit on behalf of Fort Peck
Indian Reservation teen Dalton Gourneau. The widely admired athlete shot
himself after being kicked off the local high school wrestling team; his
mother, tribal councilwoman and judge Roxanne Gourneau, sued the school.
The court decided the school wasn’t liable because it
couldn’t have foreseen that its actions would result in Dalton killing himself.
“They got it all wrong,” said Healey. If the court had scrutinized the context
of the teen’s action—including his passion for sports and Fort Peck’s numerous
child suicides—it would have understood that dashing Dalton’s hopes made what
he did entirely likely, according to Healey.
Healey concludes her paper: “Despair, prison and
untimely death should not and need not be the ending places of public education
for our most vulnerable children.”
ICTMN spoke
to Healey, now a judicial clerk for a federal judge in Tennessee.
ICTMN: How did you end up in Montana, researching the school-to-prison
pipeline?
Melina Healey: I was doing advocacy work related
to this issue in New York City and wondered if similarities existed in rural
areas. I’d worked in Montana as a wrangler and loved the state, so I contacted its
ACLU chapter, which invited me to become a summer intern in 2011. I soon met Judge
Gourneau, who introduced me to people at Fort Peck. All were eager to share
their stories, and I felt very welcome.
ICTMN: You examine Montana as a whole, but scrutinize the town of Wolf Point in
particular. How did that happen?
MH: My research began with
Freedom of Information Act requests for data from state agencies, so I could
look for patterns. I also interviewed dozens of parents, tribal council
members, public defenders, former teachers and others and heard deeply
disturbing stories. These included Judge Gourneau’s account of her son’s suicide
after being disciplined at Wolf Point High School. Eventually, I realized that Wolf
Point, where many Fort Peck children attend public school, was the locus of some
very bad patterns. In addition to great disparities between educational
outcomes for white and American Indian children, there was the Indian child-suicide
issue. This was all clearly related.
ICTMN:What was your impression of Wolf Point?
MH: Initially, I was surprised to
see a white enclave on an American Indian reservation, then realized how much white
people benefit from the reservation, including jobs in the schools. They live
in nice houses on top of a hill, while housing for American Indians is very
different. Looking further, I saw how prominent school is in Fort Peck children’s
lives and why expulsions and other disciplinary measures, applied unfairly, are
devastating. Visiting Fort Peck and Wolf Point helped me understand.
ICTMN: What will help?
MH: The school-to-prison pipeline
and child suicides on American Indian reservations don’t get much attention or
funds, so few are working on them. I hope bringing attention to these crises and
to possible legal challenges will get people thinking.
ICTMN: Where do you see yourself eventually?
MH: I’ll be working on the
school-to-prison pipeline issue, as a public defender and as a representative
of individual clients.
Text c. Stephanie Woodard; photograph courtesy Melina Healey. This story was written with support from the George Polk Center for
Investigative Reporting.