Get PolitiFact in your inbox.

Amy Sherman
By Amy Sherman July 30, 2013

'Over 12,000 school kids were arrested in Florida. It makes Florida the nation's leader in that area,' says Dream Defenders

Meet the Dream Defenders -- a group of young people camped out in front of the office of Gov. Rick Scott seeking to overturn Florida’s "stand your ground" law and draw attention to issues such as racial profiling and arrests of school children.

The group has been attracting national attention in the wake of the July 13 acquittal of George Zimmerman, a white Hispanic neighborhood watchman, in the fatal shooting of Trayvon Martin, an unarmed black teenager in Sanford on Feb. 26, 2012.

Martin’s case has shined a spotlight on the intersection of race on the criminal justice system and school discipline. (Martin was serving an out-of-school suspension when he was shot while walking to his father’s home after buying Skittles and a drink.)

On July 22, Florida’s Secretary of the Department of Juvenile Justice, Wansley Walters, met with the Dream Defenders to talk about how to keep children out of the criminal justice system.

"Over 12,000 school kids were arrested in Florida," said Monique Gillum, one of the leaders of Dream Defenders during the meeting. "It makes Florida the nation's leader in that area."

Arrest data on Florida students

To back up her claim, Gillum pointed to a Florida Department of Juvenile Justice report that states that 12,520 youth were arrested for school-related arrests during the 2011-12 year. (School-related includes arrests at school, the bus or bus stop, and school-sponsored events.) About two-thirds were for misdemeanors.

The department pointed us to the same report to show that the number of youth school-related arrests have declined 48 percent since the 2004-05 school year.

One reason for the decline is that the majority of Florida school districts have started using civil citations for non-violent misdemeanors. The citations include penalties such as community service. If the student complies, no arrest goes on their record.

Being arrested at school can be traumatic. Even if the arrest doesn’t ultimately lead to a conviction, it can still hurt students because they may have to disclose it on job or college applications.

The Miami-Dade school district, the largest in the state and the one where Martin was a student, was the first to implement civil citations -- and that could be why it had far fewer arrests than several smaller districts. (Walters was at the Miami-Dade County Juvenile Services Department at the time and led the effort to push for civil citations.)

The report shows school-related arrests by sheer numbers and by rate per 1,000 students in counties in 2011-12. We will cite a few examples:

  • Miami-Dade: 552, three per 1,000
  • Broward: 1,062, eight per 1,000
  • Hillsborough: 1,046, 10 per 1,000
  • Pinellas: 846, 15 per 1,000
  • Pasco: 316, 9 per 1,000

Though the numbers of arrests statewide dropped in recent years after the state relaxed its "zero tolerance" policy, critics say schools have still gone too far in criminalizing typical youthful behavior. We found arrests for infractions such as throwing spitballs, hitting someone with a tootsie pop or even for repeatedly "passing gas."  (The 13-year-old boy busted for flatulence never went before a judge; the Martin County school district told us the case was "diverted/dropped with no record for the student.")

"The vast majority of children being arrested in schools are not committing criminal acts," Walters told the Orlando Sentinel earlier this year.

National comparison data lacking

Featured Fact-check

So the 12,000 figure isn’t in dispute. But comparing Florida’s school-related arrests to the rest of the nation was far more complicated.

National "data-keeping in this realm is indeed pretty awful," said Kevin G. Welner, professor and director of the National Education Policy Center at the University of Colorado. That sentiment was echoed by multiple experts we interviewed.

Also, Florida does a better job than most states at compiling the data. An expert at the Southern Poverty Law Center said the state has the most comprehensive data in the nation.

The Dream Defenders sent us an article from Ebony, which stated, "While Florida is not alone in turning to police to discipline young people, it has the distinction of being the nation’s leader in school-based arrests."

Ebony linked to a 2013 article in Color Lines, a magazine that focuses on issues pertaining to race. Its report stated: "Last year, Florida produced the highest documented number of school-based arrests in the country — and that number was an improvement over previous years." (One expert we interviewed noted the important qualifier in that sentence: documented. As we’ll see, little is documented in this area.)

Gillum directed us to a 2011 report about Florida school arrests written by the Advancement Project, a national civil rights group, along with the ACLU in Florida and the NAACP.

"Florida still has the highest documented number of school-based referrals to law enforcement in the country," states the report. A footnote had this to say: "Currently, this data is not collected nationwide. Many individual states report this information, but no other state reports as many school-based referrals to law enforcement as Florida." We couldn't get a definitive answer from the group about how many states actually did report data.

"The report should have conveyed Florida’s data is the highest on record," Advancement Project spokeswoman Jennifer Farmer told PolitiFact Florida. "It may not be the highest in the country but it's highest on record."

We found some data is collected at the federal level by the U.S. Department of Education’s Office for Civil Rights. But that data appears to have significant gaps and inconsistencies.

Daniel Losen, director of the Center for Civil Rights Remedies at the University of California, pointed out a few examples of questionable numbers, including Los Angeles, which had zero referrals or arrests in 2009. Broward County had 6,640 referrals to law enforcement, but 0 arrests, while Miami-Dade had 1,670 referrals to law enforcement and 10 arrests.

No matter the ranking, "Florida has a very serious issue with overly punitive discipline and over-reliance on law enforcement that harms children and adolescents in the state, and is especially harmful to children of color," Losen said.

Our ruling

Dream Defenders said, "Over 12,000 school kids were arrested in Florida. It makes Florida the nation's leader in that area."

The number about Florida is correct: There were 12,520 students arrested at schools in 2011-12, according to the state Department of Juvenile Justice.

But the Dream Defenders failed to prove that the number makes Florida the nation’s leader in school-related arrests. This appears to be a case of the state getting a bad rap because of its rare decision to publish comprehensive data.   

Multiple experts said that comprehensive data for state-by-state comparisons is lacking. That makes it difficult to declare Florida’s ranking for school-related arrests.

We rate this claim Half True.

Our Sources

Meeting between the Dream Defenders and Florida Department of Juvenile Justice Secretary Wansley Walters, attended by Miami Herald/Tampa Bay Times reporter Kathleen McGrory, June 22, 2013

Florida Department of Juvenile Justice, "Delinquency in Florida’s schools: an eight-year study," 2004-05 and 2011-12

Dream Defenders, Tumblr, Accessed July 26, 2013

Advancement Project and other organizations, "Police in schools are not the answer to the Newtown shooting," January 2013

Advancement Project, ACLU of Florida, Florida state conference of the NAACP, "Still haven’t shut off the school-to-prison pipeline: Evaluating the impact of Florida’s zero tolerance law," March 2, 2011

Ebony, "Florida’s school-to-prison pipeline is the nation’s largest," Feb. 13, 2015

Color Lines, "Florida’s school-to-prison pipeline is largest in the nation," Feb. 12, 2013

State Impact NPR, "How school zero tolerance rules turn bad behavior into a crime," Feb. 25, 2013

Orlando Sentinel, "Thousands of student arrests alarm Florida justice leaders," Feb. 10, 2013

Tampa Bay Times, "Florida’s head of Juvenile Justice meets with protesters," July 22, 2013

U.S. Department of Education Office for Civil Rights, "The transformed Civil Rights data collection," March 2012

U.S. Department of Education Civil Rights Data Collection, Broward County and Miami-Dade County and Los Angeles school districts, 2009

Daniel J. Losen and Jonathan Gillespie at the Center for Civil Rights Remedies UCLA, "Opportunities Suspended: The Disparate Impact of Disciplinary Exclusion from School," Aug. 2012

Interview, David Thomas, spokesman for the U.S. Department of Education, July 26, 2013

Interview, Tom Snyder, program director, National Center for Education Statistics, July 29, 2013

Interview, Jaryn Emhof, spokeswoman for former Florida Gov. Jeb Bush’s Foundation for Excellence in Education, July 26, 2013

Interview, David Utter, policy and legislative director for Southern Poverty Law Center, July 29, 2013

Interview, Daniel J. Losen, director of the Center for Civil Rights Remedies at UCLA, July 26, 2013

Interview, Matt Cregor, Assistant Counsel, NAACP Legal Defense and Educational Fund, Inc., July 26, 2013

Interview, Matthew T. Theriot, Associate Professor andProgram Director University of Tennessee College of Social Work, July 26, 2013

Interview, Russell Skiba, Professor in Counseling and Educational Psychology at Indiana University, July 26, 2013

Interview, Alana Greer, attorney for the Advancement Project, July 29, 2013

Interview, Jennifer Farmer, spokeswoman for the Advancement Project, July 29, 2013

Interview, Derek Chan, research associate American Institutes for Research, July 29, 2013

Interview, Kevin G. Welner, professor and director of the National Education Policy Center at the University of Colorado, July 26, 2013

Interview, Meghan Speakes, spokeswoman for the Florida Department of Juvenile Justice, July 26, 2013

Interview, Monique Gillum, member of Dream Defenders and former Student Body President/ University Trustee at FAMU, July 26, 2013

Interview, Wilma Schuler, Secretary for the Assistant Superintendent Martin County School District, July 29, 2013

Browse the Truth-O-Meter

More by Amy Sherman

'Over 12,000 school kids were arrested in Florida. It makes Florida the nation's leader in that area,' says Dream Defenders

Support independent fact-checking.
Become a member!

In a world of wild talk and fake news, help us stand up for the facts.

Sign me up