J E S S I C A S C H N E I D E R , S T A F F A T T O R N E Y C A N - PowerPoint PPT Presentation

J E S S I C A S C H N E I D E R , S T A F F A T T O R N E Y C A N D A C E M O O R E , S T A F F A T T O R N E Y E D U C A T I O N A L E Q U I T Y P R O J E C T

NATIONAL IMPACT

NATIONAL IMPACT

LOCAL IMPACT SOURCE: Eric Fischer (2010) at https://www.flickr.com/photos/walkingsf/sets/72157624812674967/map/ . License: https://creativecommons.org/licenses/by-sa/2.0/legalcode

LOCAL IMPACT

DISCIPLINE BY RACE (‘12 - ’13)

DISCIPLINE FOR STUDENTS W/ DISABILITIES (81%)

WHAT DOES THE CHICAGO LAWYERS’ COMMITTEE DO TO COMBAT STPP? E D U C AT I O N A L E Q U I T Y P R O J E C T M I S S I O N : P R O T E C T A N D P R O M O T E A C C E S S T O E D U C A T I O N B Y A D D R E S S I N G I N D I V I D U A L A N D S Y S T E M I C B A R R I E R S T H A T D I S P R O P O R T I O N A T E L Y I M P A C T D I S A D V A N T A G E D C O M M U N I T I E S ( E . G . R A C E , P O V E R T Y , L G B T Q , D I S A B I L I T I E S , E T C )

PROTECTING INDIVIDUAL STUDENTS’ RIGHTS Pro bono o cases s  Expulsion representation  Re-enrollment advocacy  Anti-bullying advocacy Affirma rmati tive e litigati tion on  DOE and DOJ complaints based on discrimination  Litigation based on discrimination

PROMOTING SYSTEMIC REFORM School hool policy y reform rm effor orts ts  Changes to student codes of conduct  Addressing systemic discrimination and unfair disproportionality Stakeholde holder r development elopment  Trainings for teachers, administration, parents, and students Repor orts/br /briefs/ iefs/ articles les Racial l justice ce work rk

EMPOWERING COMMUNITIES & BUILDING PARTNERSHIPS Advisor sor to commun munit ity y groups  Standing Up For Each Other (SUFEO)  Restorative Justice Initiative Advoc ocat ate e Pa Partner ershi ships  School Discipline Working Group  School Closings Working Group Outreach each  Know your rights trainings for parents and students Commu mmunity ty Lawyeri ring  Voices of Youth in Chicago Education (VOYCE)

13 ATTORNEY PRO BONO TRAINING Overview of School Discipline Law and CPS Updates School-Based Arrests, Suspension, & Expulsion Under IL law and the Code of Conduct

14 CPS  The Chicago Public Schools is the third largest school district in the United States with more than 600 schools providing education to approximately 400,000 children. Our vision is that every student in every neighborhood will be engaged in a rigorous, well-rounded instructional program and will graduate prepared for success in college, career and life. (cps.edu)

15 What do we need to cover?  IL School Code (105 ILCS 5/10-22.6, 5/20.12, 5/13A-1)  CPS Code of Conduct  The CPS Discipline system  Suspensions  Expulsions  Other Interventions  Hearings NOTE: A separate presentation will cover law for students with disabilities

16 Beyond CPS  Other Codes of Conduct or Student Handbooks  Suburban school districts  Charter schools  Board Policies and Procedures

17 Police Involvement in CPS Discipline  School administrators contact the Chicago Police Department (CPD) in two situations:  To seek assistance with an emergency situation or  To notify law enforcement of a criminal act  There are no more situations of mandatory police notification for non-emergency situations (except for drugs and firearms) and there are new guidelines this year of what factors to consider:

18 Factors school officials should consider:  Whether student possessed or was in possession of illegal drugs, narcotics, controlled substances, or “look - alikes.”  Whether student was in possession of a firearm (defined in the reference guide) (CPD must be notified in that situation)  The severity of the criminal violation and the degree of harm to the school community

19 Factors, continued  Whether a person was physically inured as a result of the student’s conduct  Whether the student presents an imminent danger to the health, safety, welfare of others, and  The student’s age (for 5 th grade or below, school staff must consult with the Law Department PRIOR to reporting to CPD)

20 The CPS Student Code of Conduct  The CPS Student Code of Conduct governs what types of punishment are acceptable for which offenses.  Parents and students are both required to sign an “Acknowledgement of Receipt of the Student Code of Conduct.” This will be introduced at a hearing.  The 2014-15 Student Code of Conduct is available online on CPS’ website. Please read the Code of Conduct!  NOTE: While some charter schools use the CPS SCC, most do not. Charters also are exempt from most of IL School Code

21 General Requirements Under the SCC  SCC Applies to students at all times during the school day, including While on school property  While traveling to and from school  At any school-related event  On any vehicle funded by CPS (like a school  bus) While using the CPS network 

22 New: Guidelines for Effective Discipline (CPS)  Starting this year, school administrators must comply with the Guidelines for Effective Discipline, which shall be issued by the office of Social and Emotional learning  At minimum, a principal or his/her designee has to:  Redirect to correct behavior  Intervene  Gather information  Analyze whether the behavior falls within the SCC  Discuss with the student and provide him/her an opportunity to explain  Make a determination and assign interventions or consequences

23 New Guidelines (continued)  The principal/designee also must: o Complete a report in IMPACT for all inappropriate behaviors under the SCC o Inform parents/guardians of their right to appeal if they believe that the consequence is unwarranted tor excessive o Restore the student’s participation in the school community (re-entry meetings) **The Code dictates that administrators use out of school suspensions as a last resort and only when in-school interventions and consequences are insufficient**

24 Offenses in the Student Code of Conduct The SCC divides offenses into six groups: • Group 1-Innappropriate Behavior • Group 2-Disruptive Behavior • Group 3-Seriously Disruptive Behavior • Group 4-Very Seriously Disruptive Behavior  For each group, there are available interventions and consequences.  Out of school suspension now becomes available starting with Group 4

25 Group 5 and 6 Offenses  These are described as “Most Seriously Disruptive Behaviors” and “Illegal and Most Seriously Disruptive Behaviors”  A student may be suspended up to 10 days, but a plan must be created and written justification submitted to IMPACT (Specifically, 5-10 days for Group 6, 3-5 days for Group 5)

26 What is a CPS Suspension? Out-of-School Suspension In-School Skill Building  The student is removed Suspension from class or school  Removal of a student attendance. from his/her regular  An out-of-school schedule for more than suspension shall not 60 mins. of the school day exceed 10 days.  Should engage in  Reasonable attempts structured activities must be made to contact  An in-school suspension parent/guardian shall not exceed 5 days.  They are excused  Reasonable efforts must absences be made to contact the  Principal must ensure parent/guardian student is able to obtain homework

27 Suspensions (10 Days or less): Illinois State Law Ill. Rev. Stat. ch. 122, § 10-22.6  Suspension must be reported immediately to student’s parents, with a full statement of reasons for the suspension and notice of right to a review  School board must be given summary of the notice, including reasons for the suspension and the suspension length  If requested by the parents, school board must review the action of local school officials  At school board review, parents may appear and discuss the suspension with the board or its hearing officer

28 Remember..  Now students in pre-K through second grade may NOT be assigned in-school or out-of school suspensions.  There is a small exception for an emergency one- day suspension if granted by the Network Chief or Designee and after parent/guardian has been notified.

29 How Does the School Notify the Parent of a Suspension?  Schools are required to provide a parent with written notification if they decide to suspend a student.  The notice must include three things:  The reason that the child is being suspended  The number of days for which the child is being suspended  Notice of the parent’s right to appeal the school’s decision.  Parent/guardian should be provided a copy of the misconduct report

30 Misconduct Report

31 Due Process-Goss v. Lopez  The government cannot take away a property interest — like education — without adequate notice and an opportunity to be heard  The Supreme Court created the bright line rule between short-term suspensions (10 days or less, with less procedural Requirements and long-term suspensions or expulsions (more than 10 days, with more procedural protections)