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

• cases

s

• Expulsion representation
• Re-enrollment advocacy
• Anti-bullying advocacy

Affirma rmati tive e litigati tion

• n
• DOE and DOJ complaints based on discrimination
• Litigation based on discrimination

PROMOTING SYSTEMIC REFORM

School hool policy y reform rm effor

• rts

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

• rts/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

• cat

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)

Overview of School Discipline Law and CPS Updates

School-Based Arrests, Suspension, & Expulsion Under IL law and the Code of Conduct

13

ATTORNEY PRO BONO TRAINING

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)

14

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

15

Beyond CPS

 Other Codes of Conduct or Student

Handbooks

 Suburban school districts  Charter schools  Board Policies and Procedures

16

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:

17

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

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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 5th grade or below,

school staff must consult with the Law Department PRIOR to reporting to CPD)

19

The CPS Student Code of Conduct

 The CPS Student Code of Conduct governs what

types of punishment are acceptable for which

• ffenses.

 Parents and students are both required to sign an

“Acknowledgement of Receipt of the Student Code

• f Conduct.” This will be introduced at a hearing.

 The 2014-15 Student Code of Conduct is available

• nline 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

20

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

21

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

• pportunity to explain

 Make a determination and assign interventions or

consequences

22

New Guidelines (continued)

 The principal/designee also must:

• Complete a report in IMPACT for all inappropriate

behaviors under the SCC

• Inform parents/guardians of their right to appeal if

they believe that the consequence is unwarranted tor excessive

• Restore the student’s participation in the school

community (re-entry meetings)

**The Code dictates that administrators use

• ut of school suspensions as a last resort

and only when in-school interventions and consequences are insufficient**

23

Offenses in the Student Code

• f 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

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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)

25

What is a CPS Suspension?

26

In-School Skill Building Suspension

 Removal of a student

from his/her regular schedule for more than 60 mins. of the school day

 Should engage in

structured activities

 An in-school suspension

shall not exceed 5 days.

 Reasonable efforts must

be made to contact the parent/guardian Out-of-School Suspension

 The student is removed

from class or school attendance.

 An out-of-school

suspension shall not exceed 10 days.

 Reasonable attempts

must be made to contact parent/guardian

 They are excused

absences

 Principal must ensure

student is able to obtain homework

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

• fficer

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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

• ne- day suspension if granted by the Network

Chief or Designee and after parent/guardian has been notified.

28

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

29

Misconduct Report

30

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)

31

How Does a Parent Appeal a Suspension?

Once a student makes a decision about a

suspension or makes a referral for expulsion, a parent has the right to appeal.

The parent/guardian has the right to ask

the principal to review the consequence and reconsider the decision

If suspended, can contact the FACE office

(by phone) or the Network Chief and request an appeal

32

What is a School Expulsion?

 Expulsion is the removal of a student from

school for 11 or more consecutive days, up to a maximum of two calendar years.

 For Group 5-an expulsion hearing may be

requested

 For Group 6-An expulsion hearing must be

requested for a student in 6th-12th grade or for a 6-1 violation, and may be requested for 5th grade and below

 Students who commit extremely serious Group 5

• r 6 misconducts can be assigned to an interim

alternative education setting

33

Expulsion Process-CPS

.

• Notice in writing
• Expulsion hearing takes place in central office

.

• Hearings are provided over by neutral hearing officer

).

• Representation
• Evidence, present witnesses
• Law Department represented by CPS Prosecutor

34

Expulsion-CPS and IL Law

 Expulsions are governed by 105 ILCS

5/10/22.6

 Student may be expelled for “gross

disobedience or misconduct” Student and parent must receive notice from the board

 The notice must state the time, place and

purpose of the meeting/hearing and most districts will also advise student can bring representation

 Hearing may be at the school, can be two

step process (hearing + board meeting)

35

Expulsion Hearings-CPS And Others

 The rules of evidence apply partially but

not fully. Expansive use of hearsay has been found to violate due process, but limited use is viewed as inevitable. Colquitt v. Rich Township, 298 Ill.App.3d 856 (1st Dist. 1998).

 Hearsay often takes the form of

statements from other students

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At the hearing: It’s not just about whether someone “did it.”

37

Egregiousness

• f conduct

History of past conduct Likelihood of affecting other children Severity of the punishment Interests of the Child

Robinson v. OPRF 213 Ill. App.3d 77 (1st Dist. 1991)

SMART Program and Other Interventions-Advocacy

 Students in CPS and now charter schools are also

entitled to request placement in the SMART program in lieu of expulsion

 The SMART program (Saturday Morning Alternative

Reach-out and Teach) requires that students attend eight consecutive Saturday sessions. For two of those sessions the student must be accompanied by a parent. The program also includes a 20 hour community service requirement.

 Other intervention programs may be assigned and

• ther restorative justice practices may be used.

 Administrators now have Effective Discipline

Guidelines suggesting restorative practices

38

How Does a Parent Appeal an Expulsion?

 CPS expulsion decisions may be appealed by

filing for certiorari in the chancery division of the circuit court of cook county.

 First, parents can appeal the final determination

in writing to the Chief Executive Officer’s designee, the Department of Student Adjudication or another identified person in the school district

 Courts tend to give a lot of deference to school

districts to determine discipline

39

How does this work in practice?

 CLC receives intake, screens  Figures out CPS or not, where the student

is in the process

 Depending on timing might get release

from the parent right away and contact the school

 Need to get release to get information

and student records

40

Then…

 Send out information to list of pro bono

volunteers

 Get interested volunteer  Volunteer runs conflicts check  Attorney meets with parent and student  CLC staff available for consulting,

questions, strategy discussions

 Timeline can be quick

41

After an expulsion….

 What happens to the student?  Do they go to school? Where?  Does that happen automatically?

42

Alternative Schools

“An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.” (105 ILCS 5/10-22.6)

 Allows but does not require a

district to immediately transfer a student who has been suspended

• r expelled

 Students cannot directly enroll on

their own in a program if the district has chosen not to transfer them

 Alternative programs can only

refuse to accept students if they are “deemed to cause a threat to the safety of students or staff in the alternative program”

 The “threat to safety” extends to

• vercrowding – if the alternative

program believes that adding a new student would overcrowd the school and endanger the safety of other students, it may deny the transfer

Free Legal Assistance is Available

 Several civil rights nonprofits provide free legal assistance to students

facing suspension or expulsion from public school.

 Chicago Lawyers’ Committee for Civil Rights Under Law

 312.630.9744

 Legal Assistance Foundation

 Provides assistance primarily to students with disabilities  312.341.1070

 Equip for Equality

 Provides assistance exclusively to students with disabilities  800.537.2632

 Chicago Coalition for the Homeless

 Provides assistance to students who are homeless, in shelters, not in

permanent housing, or otherwise at risk.

 312.850.4783

 Cabrini Green Legal Aid

 Provide assistance to Chicago residents meeting income requirements  312.850.4783

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Scenario

 Student X is caught at school with marijuana.

Administrators talk to a friend of the student who says X has sold to him before. Administrators find text messages supposedly related to the sales

• n the friend’s phone. They also find a

Facebook picture of X smoking marijuana on the friend’s wall. Police are called and student is

• arrested. Student is charged with school

violation of possessing drugs and intent to sell. Student is suspended and referred for expulsion, school administrators have told the parents it would be easier to just withdraw X instead of going through with the hearing.

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Thank You!

46

Jessica Schneider and Candace Moore Educational Equity Project