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Discipline in Schools: Moving Beyond Zero Tolerance

Discipline in Schools: Moving Beyond Zero Tolerance. Special Focus : Policy Reform and Charter Schools. Charter School Authorization. Section 27A of the Illinois School Code allows for the creation of charter schools. Charter schools are authorized by: Local school districts OR

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Discipline in Schools: Moving Beyond Zero Tolerance

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  1. Discipline in Schools: Moving Beyond Zero Tolerance Special Focus: Policy Reform and Charter Schools

  2. Charter School Authorization • Section 27A of the Illinois School Code allows for the creation of charter schools. • Charter schools are authorized by: • Local school districts OR • Illinois Charter School Commission. • Charter schools enter into contracts with their authorizer. • Illinois State Board of Education (ISBE) reviews and certifies the contracts.

  3. Applicable Law • Charter schools are required to follow: • Federal and state constitutional law • Federal civil rights laws • Article 27A of the Illinois School Code (Charter School Law) • The Illinois Educational Labor Relations Act • Federal and state laws and regulations regarding special education and the instruction of English language learners • Certain other state law provisions • Their charters • Their own codes of conduct and student handbooks • Charter schools are exempt from most provisions of the Illinois School Code and state regulations governing public schools and local school board policies

  4. Governing Law Regarding Discipline in Charter Schools • Federal and state constitutional law • Federal civil rights laws (Title VI, Title IX, and Section 504) • Federal and state disciplinary protections for students with disabilities • State law regarding maintenance of discipline in schools but not statutory law regarding suspensions/expulsions and student searches • Their charters • Their codes of conduct and student handbooks

  5. Quick OverviewCharter Schools In Illinois • 148 campuses, including 134 in Chicago • 63,000 students • 90% of charter school students are in Chicago • In 2013-14, 23% of high school students and 10% of elementary students attended charter schools Source: Illinois Network of Charter Schools (INCS)

  6. Charter Enrollment Growth Source: INCS analysis of ISBE data

  7. School Discipline Jessica Schneider, Staff Attorney Educational Equity Project October 17, 2014

  8. School to prison pipeline

  9. LOCAL IMPACT-CHICAGO

  10. CPS: Discipline by race (‘12-’13)

  11. discipline for students w/ disabilities (81%)

  12. Charter DeMOGRAPHICS

  13. Exclusionary Discipline Source: CPS data release and data to EFE. See CPS: Expulsion Rate at Higher at Charter Schools, Chicago Tribune, Feb. 26, 2014, http://articles.chicagotribune.com/2014-02-26/news/ct-chicago-schools-discipline-met-20140226_1_charter-schools-andrew-broy-district-run-schools

  14. CHARTERS THAT HAVE ADOPTED THE CPS SCC AS OF SEPTEMBER 2014 • Prologue JJ • AGC • ASPIRA • Catalyst • Frazier Prep • Horizon Clay Evans • Horizon Chicago Lawn • KIPP Chicago • Legacy • Montessori • Namaste Source: CPS

  15. Discipline for Students with Disabilities in Charter Schools Charlie Wysong Equip for Equality

  16. Charter Schools Must Follow Special Education Laws • A charter school shall be subject to all federal and State laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, marital status, or need for special education services. 105 ILCS 5/27A-4(a) • IDEA, Section 504 of the Rehabilitation Act, ADA • U.S. Department of Education, Office of Civil Rights “Dear Colleague” Letter of May 14, 2014 • http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201405-charter.pdf

  17. Special Education Discipline Rules • Manifestation Determination Review (MDR) if removed more than 10 days (some exceptions) • Exception: 45 school day placement for: • 1) Weapon • 2) Drugs • 3) Serious bodily injury • Right to an alternative education: “participate in general education curriculum” and “progress towards meeting goals set out in IEP.”

  18. Enrollment Patterns Placement during the 2013-14 School Year: Data from Chicago Public Schools

  19. Exclusionary Discipline Source: CPS data release and data to EFE. See CPS: Expulsion Rate at Higher at Charter Schools, Chicago Tribune, Feb. 26, 2014, http://articles.chicagotribune.com/2014-02-26/news/ct-chicago-schools-discipline-met-20140226_1_charter-schools-andrew-broy-district-run-schools

  20. Charter Discipline Codes EFE analysis of Illinois charter school discipline codes • 15 codes outside Chicago (2013-14) • 35 codes in Chicago (2014-15, final & draft)

  21. Special Education Procedures • At least 15 of 50 codes had errors in the description of the procedural rights for students with disabilities • Chicago Public Schools standard language is spreading in 2014-15. Source: EFE analysis of 2013-14 and 20140-15 charter school codes of conduct.

  22. Charter Discipline Codes * Draft codes for 2014-15

  23. Demerits

  24. Chicago Public Schools Code Increasing adoption of the CPS code of conduct. • 2013-14: 8 charters with 11 campuses, ~4,200 students • 2014-15: 11 charters with 19 campuses, ~7,400 students This year: 5 charters adopted and 2 dropped the CPS code CPS code for 2014-15: Prologue, Academy for Global Citizenship, ASPIRA, Catalyst, KIPP, Legacy, TMSE, Namaste, Frazier, Horizon*, Chicago Virtual.

  25. MOVING BEYOND ZERO TOLERANCE:POLICY REFORM IN CHARTER SCHOOLS JULIE WATERSTONE VISITING CLINICAL PROFESSOR NORTHWESTERN LAW SCHOOL, BLUHM LEGAL CLINIC

  26. Total Number of Charter Schools in California

  27. Increase in Charter Schools in California

  28. Traditional Public Schools v. Charter Schools (California 2010-2011) TRADITIONAL PUBLIC SCHOOLS Total CA Enrollment = 6,174, 717 Total Expulsion = 18, 445 (.3%) CHARTER SCHOOLS Total CA Enrollment = 319,657 Total Expulsion = 374 (.1%)

  29. Expulsion Rates Across the Nation Source: Education Week, May 16, 2013

  30. Discipline Data – LAUSD Source: Education Week analysis of LAUSD data

  31. Disparity in Suspension Rates (San Francisco)

  32. Disparity in Suspension Rates (Los Angeles)

  33. Courts’ Interpretation of Due Process in Charter Schools • CA Court of Appeals found that dismissal by a charter school does not require the same due process rights as an expulsion • Scott B. v. Bd. of Trustees of Orange Cnty. High Sch. of Arts, 217 Cal.App.4th 117 (2013) • District Court in Hawaii ruled that a dismissal is not a deprivation of a property interest and does not entitle student to a hearing. • Lindsay v. Mayatoshi, 950 F.Supp.2d 1159 (D. Haw. 2013)

  34. Provided in Training for Charter Administrators by Counsel “Charters can and should adopt sensible suspension/expulsion policies that provide appropriate “due process”, but not time-consuming district-like processes” “some form of confidential “hearing” if parents request it . . . , If hearing not requested, the process is over and you’re done”

  35. More on the training… Procedures sometimes listed in charter policies, but that are otherwise not required (and we don’t recommend them) Recorded or “transcribed” hearing Closed session hearing with board (works for districts but not charters) Special readmission policy for expelled students Restricting the charter to Ed Code grounds for expulsion (works for districts but not charters) Multi-level, complex appeals over 30-day periods or longer Administrative panel hearings References to Ed Code 48900 Rehabilitation plans

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