Joe Surkiewicz: Truancy Court Program needs a few good judges

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Are you a judge stuck in a convicting-and-sentencing rut?

Would you like to step out of retribution mode and into contributing mode?

Then consider volunteering in the Truancy Court Program, which has a proven track record in reducing truancy by elementary and middle school students (and keeping kids out of the justice system).

The program, developed by the University of Baltimore School of Law’s Center for Families, Children and the Courts, is now well into its fifth year. By using the stature and authority of judges and a team-based approach in the schools, the TCP boasts a dramatic drop in days missed from school for most participants.

And it needs more judges (and lawyers) to volunteer their time pro bono.

“It’s a successful program,” said CFCC Director (and UB Law professor) Barbara A. Babb. “Over 50 percent of the children who participate in the program graduate from it. Attendance generally stays level after graduation from the program. If a child doesn’t graduate, he or she can participate again, and many do.”

Aside from raw statistics (approximately 1,000 children, plus their families, have been helped since the program’s inception), Babb and her TCP colleagues hear anecdotally from the children, parents, and school personnel that academic work also improves, often rising from failing grades to the honor roll.

“The children say they start to like going to school and they learn what it takes to get to school on time and to do well in school,” Babb said.

What, exactly, do the judges do?

“They volunteer once a week for 10 weeks to meet one-on-one with each student,” she said. “They’re part of a team that includes a judge, a caregiver or parent, a school principal, a school counselor, a law student, a CFCC coordinator, and a CFCC mentor.

“The judge asks the student what’s going on—why they are missing school–and tries to find if there’s an underlying issue causing the truancy,” Babb continued. “They then try to find a solution to any underlying issues. If the student does well in the program, there are incentives—nice, tangible gifts. Some students do well, a few others slip back. It’s a problem-solving approach to truancy.”

If the student’s attendance improves by 75 percent, he or she graduates from the program after 10 weeks. That figure includes both absences and tardies.

A regular volunteer in the program is Baltimore City District Court Judge Katie O’Malley, whose involvement has gone beyond working with students in school.

“She has hosted graduates and their families at Government House in Annapolis,” Babb said. “The students receive framed certificates, there’s food, and it’s a really lovely event. The city school system buses the children and their families to Annapolis. This year the first lady’s reception is June 6.”

Many judges volunteer over and over, like O’Malley and Baltimore City Circuit Court Judge David Young, Babb said: “We hear from them that they love doing it because they feel like they’re really helping—not sentencing!”

Young said one reason he volunteers is because of his parents, who taught him and his siblings the value of an education.

“They made us go to school. We had to do our homework,” he recalled. “As James Brown said, ‘Without an education, you’re dead.’”

As a volunteer judge, Young shares those values with participants and their families.

“And it gives me something to do that has to do with contribution, as opposed to extracting retribution,” he said. “It’s therapeutic justice. We have to look at the underlying issues of why some children don’t go to school. It could be they have to watch younger siblings. Maybe they don’t have good clothes. They might have to pass through three different gang territories to get to school.”

Lawyers also volunteer, both with their time and financial support.

“Ober|Kaler has contributed financially,” Babb said.” We also can use lawyers to volunteer as tutors and mentors. Law firms can help us provide incentives — things like a basketball or an iPod, something to really reward the students for improved attendance and academic performance.”

Many kids need tutors.

“The UB community really has helped by holding read-a-thons, bringing in breakfast, and helping us with our family fun night for students, parents, and school personnel,” Babb said. “At family fun nights, which are held in the schools, we provide pizza and play board games. These events achieve positive results. Everyone has a good time and parents get more involved with their child’s school.”

A major funder of the TCP is the Maryland Administrative Office of the Courts.

“They recognize that the alternatives to the TCP are CINA and delinquency proceedings or criminal proceedings against the parents,” Babb said. “The AOC believes that the court system is not where the majority of truancy cases belong.”

Other consistent funders include the Charles Crane Foundation, the Wright Family Foundation and the Annie E. Casey Foundation.

“They fund the program because of their commitment to children and families and because we hope the TCP ultimately helps lower the dropout rate,” Babb said. “In Baltimore City, 11 percent of elementary students, 18 percent of middle school students, and 42 percent of high school students missed a month or more of school in 2009-2010. More than 6,000 students in Baltimore City missed at least 20 percent of school.”

Two years ago, the U.S. Department of Justice awarded the TCP a grant for $500,000, thanks to Sens. Barbara Mikulski and Ben Cardin, and Rep. Elijah Cummings.

“That grant allowed us to increase the number of TCP schools in the city and to expand to Baltimore, Anne Arundel, Montgomery and Prince George’s counties,” Babb said. “We can’t offer this program to enough schools. More schools apply for the program than we can accommodate.”

For information or to volunteer, call 410-837-5750.

Joe Surkiewicz is the director of communications at Maryland Legal Aid. His email is [email protected]