A Texas Observer investigation found that selected school districts arrested or issued criminal citations to children as young as 10 years old thousands of times in recent years, raising questions about whether routine student misconduct is being pushed into the juvenile justice system.
Reporter Josephine Lee analyzed records from 168 districts selected because they had unusually high out-of-school suspension rates. Those districts recorded roughly 8,000 arrests or citations involving children ages 10 to 12 from the 2021-22 through 2024-25 school years. Misdemeanor assault — which can include relatively minor unwanted contact or threats — was the most common charge. Black children were arrested or cited at nearly twice their share of enrollment.
The Observer documented cases involving bullying, students with disabilities and allegations that schools failed to adequately investigate incidents before police intervened. Texas juvenile courts can take jurisdiction over children beginning at age 10. Proposals to raise that threshold passed the Texas House in 2019, 2021 and 2023 but died in the Senate.
School officials emphasize their duty to maintain safe campuses and enforce the law fairly.
Ector County ISD also disputed how some referrals were classified as arrests. However, a federal study found arrest rates more than doubled in schools with police present compared with similar schools without police. Texas law directs districts to provide armed security at each campus, although exceptions are available.
Guest:
Josephine Lee is a staff reporter for The Texas Observer.
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