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An Introduction to Chicago School Expulsion Hearings

An Introduction to Chicago School Expulsion Hearings. November 4, 2005. Bluhm Legal Clinic. Children and Family Justice Center. Children’s Law Pro Bono Project. Contents. 1. The Children ’ s Law Pro Bono Project 2. Chicago School Expulsion Hearings 3. Next Step: How To Take a Case

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An Introduction to Chicago School Expulsion Hearings

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  1. An Introduction toChicago School Expulsion Hearings November 4, 2005 Bluhm Legal Clinic Children and Family Justice Center Children’s Law Pro Bono Project

  2. Contents 1. The Children’s Law Pro Bono Project 2. Chicago School Expulsion Hearings 3. Next Step: How To Take a Case 4. Conclusion

  3. 1. The Children’s Law Pro Bono Project • Bluhm Legal Clinic - 6 Centers: • Center for Wrongful Convictions • Small Business Opportunity Center • Center for International Human Rights • Investor Protection Center • Program on Civil Litigation • Children and Family Justice Center (“CFJC”) • Pro Bono Project Under CFJC • CFJC : 9 Attorneys, 1 Social Worker

  4. 1. The Children’s Law Pro Bono Project • Goals of Pro Bono Project: • Recruit, train, mentor, and support volunteer attorneys • Raise the level of advocacy • Offer holistic representation

  5. 1. The Children’s Law Pro Bono Project • Types of Cases • CPS Expulsion Hearings • CPS Expulsion Appeals • Juvenile Delinquency • Juvenile Expungement

  6. 2. Chicago School Expulsion Hearings • Advantages to School Expulsion Cases • 10-50 hours and short duration • Limited discovery • More likely to go to hearing • 2 For 1 : Professional development & pro bono • Do not have to be an attorney • You can really make a difference

  7. 2. Chicago School Expulsion Hearings • Legal Framework • Zero Tolerance Policies • State and Federal Statutes and Case Law • See NCLN Booklet • Informal administrative proceeding • Based on alleged violations of the Uniform Discipline Code • Loosely follows the procedure of a criminal trial • May present mitigating information

  8. 2. Chicago School Expulsion Hearings • Process Before Hearing • Incident • Arrest • Incident Report • Misconduct Report • If special education student: Manifestation Determination Review Meeting • Individualized Education Program (“IEP”)

  9. 2. Chicago School Expulsion Hearings • Process Before Hearing (cont.) • Suspension (Up to 10 Days) • Referral from school to CPS Law Dept.: Request to Expel • Emergency Transfer to an Alternative School • Parent & student receive Notice of Expulsion Hearing Letter

  10. 2. Chicago School Expulsion Hearings • Process Before Hearing (cont.) • Continuance? • Parent, student or advocate calls the CFJC • Volunteer attorney gets case • Interview client • Investigation and discovery

  11. 2. Chicago School Expulsion Hearings • Process Before Hearing (cont.) • If Special Education Issues: File for Due Process & Expulsion Hearing on Hold • Student in special education before incident • Student not in special education before incident but should have been receiving services • Settlement Negotiations with CPS Law Dept. • SMART Program • Stipulation on the record & settlement agreement • Dismissal?

  12. 2. Chicago School Expulsion Hearings • Preparing for Hearing: Interviewing Your Client • Attorney-client privilege • Bifurcated interview • Client Agreement and Consent Form • Read through with them to see reading level • Stress cooperation and contact

  13. 2. Chicago School Expulsion Hearings • Preparing for Hearing: Interviewing Children • Use simple language • Act out what occurred • Go over story on different occasions (may not get whole story from client / witnesses first time around)

  14. 2. Chicago School Expulsion Hearings • Preparing for Hearing: Investigation and Discovery • Investigation is key! • Visit the scene • Use of prover – in case a witness changes his story • Your notes of witnesses are discoverable in Juvenile Court

  15. 2. Chicago School Expulsion Hearings • Juvenile Court • Dismissed • Diverted • File Charges – Trial / Guilty Plea

  16. 2. Chicago School Expulsion Hearings • Hearing • CPS Building – 125 S. Clark St. – Basement • Conference Room • Tape Recorder • Hearing Officer

  17. 2. Chicago School Expulsion Hearings • Hearing (cont.) • CPS’ Case • Opening • Witnesses (Eyewitness & School Administrator) • Direct by CPS Prosecutor • Cross by Volunteer Attorney • Re-directs & re-crosses • Student’s Case • Opening • Witnesses • Direct by Volunteer Attorney • Cross by CPS Prosecutor • Re-directs & re-crosses • Closings & Recommendations

  18. 2. Chicago School Expulsion Hearings • After the Hearing • Hearing Officer Recommendation to the Chicago Bd of Ed • Waiting for Decision: 4-6 weeks • Decision from the Board • Can be expelled up to 2 years • Favorable Result: Expungement • Unfavorable Result: Appeal

  19. 3. Next Step: How To Take a Case • Intakes and Screening Procedures • E-mail with Cases to All Interested Volunteers

  20. 3. Next Step: How To Take a Case Cases In Urgent Need of Representation November 3, 2005 1. T - 16-year-old boy: T is a junior in the gifted program, and he wants to go to Harvard. He has been having panic attacks since April of 2005. He took a large knife to school because he wanted to get noticed and hospitalized. He had no intention of hurting anyone. He had a panic attack and, when the security guard picked up his backpack to take it to the office, the knife fell out. He was taken to the police station and then to the hospital. He was not charged in Juvenile Court, because this was viewed as a mental health issue. Our social worker would be willing to help you with this case. Expulsion Hearing Date: November 7, 2005 at 1:00 p.m. CAN PROBABLY GET CONTINUANCE. 2. S - 17-year-old girl - S went to the homecoming dance, but called her mother to bring her another outfit because what she had on was not deemed appropriate. Mom, her sister-in-law, and her niece brought a new outfit over to the school. S met them in the parking lot, and a security guard and his wife asked them to move the car. Words were exchanged and a physical fight broke out. Mom, her sister-in-law, S, and the niece were arrested and charged. Now, CPS wants to expel S. Expulsion Hearing Date: November 9, 2005 at 10:00 a.m. CAN PROBABLY GET CONTINUANCE. 3. A - 10-year-old boy - A, three other boys, and a girl were on the roof of the school. All of the children are in the 4th grade. The girl says she was sexually assaulted by the boys. A admits he was on the roof but says he didn't do anything. The case was not referred to Juvenile Court. Expulsion Hearing Date: No Date Set Yet. 4. L - 17-year-old boy - The Chicago Public Schools want to expel L for "gang activities and gang affiliation" - essentially, "signing" and wearing rapper's clothes. He has had cases in Juvenile Court before, but he has been trying to stay out of trouble for the last couple of years. His probation officer is the one that contacted us because he thinks L is doing very well. The probation officer will be willing to come to the hearing and help whoever takes this case. L is also a gifted athlete. Expulsion Hearing Date: No Date Set Yet.

  21. 3. Next Step: How To Take a Case • Will Send You All Information on the Case • Samples and Support Always Available • Team of Volunteers for Each Case: • Attorneys (suggest at least 2) • Paralegals • Administrative Assistants • Summer Associates • Others

  22. 4. Conclusion • Please Fill Out the Interest Form • Questions? : Contact Monica Llorente • (312) 503-6606 • M-llorente@law.northwestern.edu

  23. Thank You!

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