Post on 12-Nov-2014
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EMERGING ISSUES IN
SPECIAL EDUCATIONSTOPPING THE SCHOOL TO
PRISON PIPELINE
RON LOSPENNATO, ESQ.
COURTNEY BOWIE, ESQ.
SOUTHERN POVERTY LAW CENTER
Our goal is to have a national impact in
dismantling the school-to-prison pipeline.
Examining the DataExamining the Data
*National average from The National Center on Education, Disability and Juvenile Justice. www.edjj.org.
> As many as 70% of the youth involved in the juvenile justice system have disabilities.*
> Learning disabled youth are 200% more likely to be arrested than non-disabled youth for comparable activity, are more likely to be adjudicated, and spend longer periods of time locked up or on probation. > Only 35% of students identified as
Emotionally Disturbed, graduate with
a regular high school diploma.
35%
> Between 1972 and 2000, the percentage of White students suspended annually for more than one-day rose from 3.1% to 5.09%. During the same period, the percentage for African-American students rose from 6% to 13.2%.
> The overrepresentation of students with disabilities and Minorities in the juvenile justice system is exacerbated by the fact that since the early 1990’s, many school districts have adopted a “zero tolerance” approach to wrongdoing.
> Although juvenile crime dropped during the last half of the 1990’s, the number of cases involving juveniles—mostly non-violent—increased, along with the number of youths held in secure facilities for non-violent offenses.
The approach is a multifaceted one using
litigation, legislation, the media and public
education. A core strategy is using special
education law as the lever to get school-
wide Positive Behavioral Supports (PBIS)
adopted around the country.
SchoolSchool--toto--Prison Reform ProjectPrison Reform Project
Positive Behavioral Supports
(PBIS) is an evidence-based,
systems-wide method of
improving student behavior.
PBIS’s premise is that continual, school-wide and
individualized teaching, modeling, recognizing and
rewarding positive student behavior will reduce
unnecessary discipline and promote a climate of
greater productivity, safety, and learning.
> It is a viable alternative to zero tolerance
PBIS is critical becausePBIS is critical because
> It will create a hospitable environment for kids
Allowing them to remain in school
Giving kids—diverted from the juvenile justice system or released for juvenile detention—the opportunity to succeed in school
IDEA mandates that students with disabilities:
Individuals with Disabilities Individuals with Disabilities Education Act of 2004 Education Act of 2004
( ( IDEA IDEA ))
IDEA mandates that students with disabilities:
Individuals with Disabilities Individuals with Disabilities Education Act of 2004 Education Act of 2004
( ( IDEA IDEA ))
> Be educated in the least restrictive environment
IDEA mandates that students with disabilities:
Individuals with Disabilities Individuals with Disabilities Education Act of 2004 Education Act of 2004
( ( IDEA IDEA ))
> Be provided with individualized education programs (IEPs) that
provide educational benefit
IDEA mandates that students with disabilities:
Individuals with Disabilities Individuals with Disabilities Education Act of 2004 Education Act of 2004
( ( IDEA IDEA ))
> Be provided related services such as social work and counseling
IDEA mandates that students with disabilities:
Individuals with Disabilities Individuals with Disabilities Education Act of 2004 Education Act of 2004
( ( IDEA IDEA ))
> Be provided transition services so that they can work and live
independently after they leave school
IDEA mandates that students with disabilities:
Individuals with Disabilities Individuals with Disabilities Education Act of 2004 Education Act of 2004
( ( IDEA IDEA ))
> Be provided public education through the age of 21
(unless they graduate or leave sooner)
In the three states we already have a physical presence. 1
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>> Montgomery, AL Montgomery, AL —— Alabama Educational ReformAlabama Educational Reform
>> Jackson, MS Jackson, MS —— Mississippi Youth Justice ProjectMississippi Youth Justice Project
>> New Orleans, LA New Orleans, LA —— School to Prison Reform School to Prison Reform
Project in Partnership with the Southern Project in Partnership with the Southern
Disability Law CenterDisability Law Center
3 offices directly operated by SPLC3 offices directly operated by SPLC
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GranteesGrantees
CALIFORNIA CALIFORNIA —— Protection and Advocacy, Inc. in LAProtection and Advocacy, Inc. in LA
FLORIDA FLORIDA —— the Florida P&A, Advocacy Center forthe Florida P&A, Advocacy Center for
Persons with Disabilities in TaPersons with Disabilities in Tampa mpa
(Hillsborough County)(Hillsborough County)
Legal Aid Society of Palm BeachLegal Aid Society of Palm Beach CountyCounty
(Palm Beach County)(Palm Beach County)
KENTUCKY KENTUCKY —— Children Law Center (Bullitt County)Children Law Center (Bullitt County)
> Least Restrictive Environment (LRE) Issues
> Discipline Issues
> Related Service Issues
> Educated Benefit Issues
> Transition Service Issues
Typical Legal IssuesTypical Legal Issues
> Federal Legislation— Federal PBIS (Obama bill)
> State Legislation—Mississippi, Alabama, Louisiana
> Administrative Complaints — Louisiana, Mississippi
> Coalition Building Locally — Florida (Legal Aid, P&A, Public Defenders)
> Cooperative Agreements — Louisiana (Juvenile Courts, Police School districts, School Districts)
> Coalition Building Nationally — NJDC, ACLU, Harvard Civil Rights, NAACP etc.
> Litigation — Beth V. v. Carrol, 87 F.3d 80 (3rd Cir. 1996);Corey H. v. Chicago Board of Educ., 995 F. Supp. 900(N.D. Ill. 1998)
StrategiesStrategies
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Typical Special Education Issues
Impacting STPP•DISCIPLINE•INAPPROPRIATE RELATED SERVICES•FAILURE TO EDUCATE IN LEAST RESTRICTIVE ENVIRONMENT
•FAILURE TO PROPERLY EVALUATE STUDENTS
•FAILURE TO PROVIDE APPROPRIATE TRANSITION PLANS
•EDUCATIONAL BENEFIT ISSUES•POOR QUALITY TEACHING AT EVERY LEVEL•FAILURE TO DEVELOP APPROPRIATE IEPS•FAILURE TO IMPLEMENT IEPS THAT HAVE BEEN DEVELOPED
DISCIPLINE OF STUDENTS WITH
DISABILITIESIDEA REQUIRES A MANIFESTATION
DETERMINATION REVIEW TO BE
CONDUCTED PRIOR TO A “CHANGE IN
PLACEMENT” OR A REMOVAL FOR MORE
THAN 10 DAYS FOR A STUDENT WITH A
DISABILITY.
STPP IS IMPACTED BY MANY DISTRICTS
FAILING TO CONDUCT MDRS AT ALL
PRIOR TO SUSPENDING OR EXPELLING
STUDENTS.
EVEN WORSE…
DISCIPLINE OF STUDENTS WITH
DISABILITIES (CONT.)
SCHOOLS ARE HAVING STUDENTS (AS
YOUNG AS 9 AND 10) ARRESTED FROM
SCHOOL FOR:
•CONDUCT THAT DOES NOT NECESSARILY
INVOLVE WEAPONS OR DRUGS;
•CONDUCT SUCH AS CURSING AT THEIR
TEACHERS
INAPPROPRIATE RELATED SERVICES
IDEA defines related services as:
transportation and other services as
are required to assist a disabled
child to benefit from special
education, including:
Psychological services
Physical and occupational therapy
Speech-language pathology
Counseling services
Social work services
Parent counseling and training.
INAPPROPRIATE RELATED SERVICES (CONT.)
DESPITE IDEA’S PROVISIONS, WE HAVE SEEN:
1.THE FAILURE TO DEVELOP BEHAVIOR
INTERVENTION PLANS;
2.WOEFULLY INADEQUATE LEVELS OF
SOCIAL WORK AND COUNSELING SERVICES
(IF ANY);
3.A LACK OF MENTAL HEALTH CARE
PROVIDERS;
4.NO OR INSUFFICIENT PBIS PROGRAMS.
FAILURE TO EDUCATE IN LRE
Children with disabilities
have the right to be
educated in the least
restrictive environment
appropriate.
Despite this requirement in
IDEA…
FAILURE TO EDUCATE IN LRE
STUDENTS WITH DISABILITIES ARE
OFTEN:
1. IN SELF-CONTAINED SETTINGS;
2. IN ALTERNATIVE SCHOOLS;
3. HAVE TO “EARN THE RIGHT” TO BE
IN LESS RESTRICTIVE SETTINGS.
FAILURE TO PROPERLY EVALUATE
IDEA’S CHILD FIND MANDATE:
The State must have in effect The State must have in effect
policies and procedures to ensure policies and procedures to ensure
that that ––
All children with disabilities in All children with disabilities in
need of special education and need of special education and
related services, are identified, related services, are identified,
located, and evaluated. Howeverlocated, and evaluated. However……
FAILURE TO PROPERLY EVALUATE (CONT.)
MANY CHILDREN WITH DISABILITIES
ARE GOING UNIDENTIFIED
BECAUSE:
1.LEAs REALIZE THAT THE
DISCIPLINE REGULATIONS WILL
APPLY;
2.CONFUSION RE: RTI;
3.CONFUSION;
4.UNKNOWN CAUSES.
INAPPROPRIATE TRANSITIONTransition Services under IDEA are defined as:
A coordinated set of activities for a child with a disability that (i) is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living, or community participation, (ii) based on the child’s individual needs, taking into account the child’s strengths, preferences, and interests; and includes –
•Instruction•Related services•Community experiences•The development of employment and other post-school adult living objectives; and
•If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.
INAPPROPRIATE TRANSITION
Despite IDEA’s Transition
mandate, students with
disabilities are routinely
denied access to district
vocational schools.
Educational Benefit IssuesEducational Benefit IssuesEducational Benefit IssuesEducational Benefit Issues
Students with disabilities have a right
to IEPs that are reasonably calculated
to enable them to receive educational
benefit from them.
The courts look at whether or not
positive academic and non-academic
benefit is demonstrated (i.e. grades,
standardized test scores, etc.).**Cypress-Fairbanks Indep. Sch. Dist. v. Michael F., 118 F.3d
245 (5th Cir. 1997).
EDUCATIONAL BENEFIT ISSUES
Despite the right of students with
disabilities to make progress,
many do not. We find many
students who are 3-4 years behind
in core subject areas such as
math and reading by the time they
reach junior high school.
Educational Benefit Issues
Why the lack of progress?
•Poor quality teaching in some
cases;
•Failure to develop appropriate
IEPs;
•Failure to implement IEPs.
HOW TO HELP?1.ATTEND IEP OR ASK FOR A NEW ONE
2.REQUEST AN INDIVIDUAL DUE
PROCESS HEARING
3.FILE AN INDIVIDUAL COMPLAINT
WITH STATE DEPARTMENT OF
EDUCATION
4.REPRESENT OR ADVOCATE FOR THE
CHILD AT AN EXPULSION HEARING
5.REPRESENT THE CHILD IN YOUTH
COURT, IF NECESSARY