In January 2020, a parent called the Honowai Elementary School in Honolulu to complain about the drawing made by the girl and demanded the staff call police, the ACLU said.
When police arrived, the girl, who was only identified as “N.B,” was “handcuffed with excessive force and taken to the police station,” the ACLU said.
The girl’s mother, Tamara Taylor, said she was called to the school, but she was not allowed to see her daughter or informed that the girl was “handcuffed in front of staff and her peers, placed into a squad car and taken away.”
The Honolulu Police Department told CNN on Tuesday it was “reviewing the letter and will be working with Corporation Counsel to address these allegations.”
A spokesperson for the Hawaii DOE said the agency did not have a comment at this time.
In the letter, the ACLU said the girl had “allegedly participated in drawing an offensive sketch of a student in response to that student bullying her.”
In the days after her arrest, the girl told her mother that she drew the picture but several other students were involved in coloring and writing on it, the group says in the letter.
The girl said “she did not want the drawing delivered but one of the other students snatched it from her hands and delivered it anyways,” the ACLU said in the letter.
A copy of the drawing or further details about what it depicted were not disclosed. CNN reached out to Honowai Elementary School and the ACLU to determine what the drawing depicted but did not immediately hear back.
The ACLU is giving the school and the police until November 8 to respond.
Black girls are often treated like adults, advocates say
The ACLU and a family attorney have described the actions by school staff and police in Hawaii as “extreme and disproportionate” and said they suggest the girl and her mother were singled out and discriminated against on account of their race.
Mateo Caballero, an attorney representing the family, the way his clients were treated is “too common and entirely preventable.”
Black students represented 15% of the student body, nearly 29% of referrals to law enforcement and 31% of all students arrested at school or during a school-related activity.