emerging issues session powerpoint

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 IDEA ))

> Be educated in the least restrictive environment



( ( IDEA IDEA ))

> Be provided with individualized education programs (IEPs) that

provide educational benefit



( ( IDEA IDEA ))

> Be provided related services such as social work and counseling



( ( IDEA IDEA ))

> Be provided transition services so that they can work and live

independently after they leave school



( ( 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

1

>> 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

2

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

3

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