Harvey Milk School by Josh Chaplin University of Wisconsin-Stout
A Historical, Legal, and Ethical Review Submitted in Partial Fulfillment of the Requirements for SPSY 777
Submitted to Dr. Denise Zirkle Brouillard
2 1/14/2013 In 2008, the American voters decided to change the landscape of American politics by electing the first African-American President. This historic event comes 30 years after the assassination of Harvey Milk who also changed the landscape of American politics by being the first openly gay politician. You have drawn a nice parallel. Harvey Milk's political career centered on making government responsible to individuals, gay liberation, and the importance of neighborhoods. Milk strongly believed that neighborhoods promoted unity and a small-town experience. A charasmatic politician, Milk often talked about the idea of hope. Milk is quoted as saying, “…The only thing they have to look forward to is hope. And you have to give them hope. Hope for a better world, hope for a better tomorrow, hope for a better place to come to if the pressures at home are too great. Hope that all will be all right. Without hope, not only gays, but the blacks, the seniors, the handicapped, the users, the us'es will give up. And if you help elect to the central committee and other offices, more gay people, that gives a green light to all who feel disenfranchised, a green light to move forward. It means hope to a nation that has given up, because if a gay person makes it, the doors are open to everyone.” Harvey Milk and his work in politics inspired the opening of the first and only school specifically for gay/lesbian/bisexual/transgender/questioning students (GLBTQ). In this paper, I will discuss the development of the Harvey Milk High School (HMHS) in New York City, specifically the history leading up to the opening of such a school, the school’s student body, and the rationale and support for keeping such as school. I will also discuss the legal and ethical ramifications for educating gay/lesbian/bisexual/transgender/questioning (GLBTQ) students separetly from heterosexual students and also the role and professional responsibilities of a school counselor/psycholgist in assisting and protecting GLBTQ students in K-12 schools. Very nice opening paragraph.
3 Many GLBTQ adolescents constantly feel ignored, discriminated, and hated because of their sexual identity. As a result of the anti-gay movement and misunderstanding of the AIDS epidemic in the 1980s, the Hetrick-Martin Institute, a community group which supports GLBTQ youth, felt a strong need for the development of a school for GLBTQ students. The Harvey Milk High School was established in 1985 by the Hetrick-Martin Institute and the New York City Department of Education. The school originally ran as an independent non-diploma-granting institution where displaced youth from the Hetrick-Martin Institute could earn a GED degree. The school was taught by one full-time instructor hired by the Board of Education. Within 15 years, enrollment grew from 17 to 40 students, and in 2001, the Harvey Milk School was expanded to an accredited, four-year, diploma-granting high school (Colapinto, 2005). The school is also now a public school and is administered by the New York City Department of Education. One of the HMHS basic ideals is to provide students with an education in a safe environment free from threats of physical violence and emotional harm which they would not have in traditional schools. The Hetrick-Martin Institute (2008) website states according to a 2005 national survey on school climate, “73.6 % of students heard derogatory remarks such as ‘faggot’ or ‘dyke’, 22.1% of students experienced physical harassment at school based on their sexual orientation, and LGBTQ reported being twice as likely to have no plan on pursuing postsecondary education.” According to the Hetrick-Martin Institute [HMI], (2008) web page, “The mission of HMHS is to establish and promote a community of successful, independent learners by creating a safe, supportive, engaging and meaningful educational environment.” (n.p) The school puts great emphasis on acceptance for those who have not felt successful in at least one other high school prior to admission and who are also committed to taking full ownership of their
4 learning. The school seeks to provide an academic program with support systems that foster the development of an individual's character, self-respect, and ability to succeed in a diverse community (HMI, 2008). The HMHS is open for any student regardless of race, gender, sexual orientation, religion, or physical appearance; however, students must apply themselves. Students are asked to fill out an application like any transfer application, but applicants are also required to answer questions why they want to attend the HMHS. These questions include why the student wants to leave their current school, why they are interested in attending HMHS, explain if their education has been interrupted, and what they would do if they were not accepted to the HMHS (HMHS, 2009). After an interview, students are selected based on their level of motivation, the interest they exhibit in the school, and their potential to benefit from a small, supportive school environment. Preference is given to students who are in need of additional support services to ensure their continued attendance in high school (cite website). According to the HMHS website (2009), the current student body is made up of 90 students (50 female and 40 male). Most of the students are Hispanic or African-American (43, 39) with two Asian and six Caucasian students rounding out the rest of the student body. According to the Hetrick-Martin Institute website (2009), 92% of HMHS seniors graduated which is well above the NYC average with more than 60% going on to advanced programs or college. Seventy-five percent of the students are in general education with only 22 students in least restrictive environment. According to a report by the New York City Department of Education [NYCDOE] (2008), there are individualized educational plans in place for every student, which the staff members review during weekly conferences.
5 According to a report from the NYCDOE (2008), the HMHS does a good job at strongly focusing on academic, emotional, and social success of the students. The halls and classrooms are decorated with student projects displaying not only the work of the students but the high expectations of the school (NYCDOE, 2008). Students of the HMHS are also given the opportunities to express themselves academically and emotionally through art, theater, dance, and fashion programs. Additionally, students clearly articulate personal goals and the steps to achieve success in classes. Another way the HMHS ensures students success is the principal provides one-on-one mentoring with each student and reviews the students’ accomplishments and encourages future academic and social success. There has been some controversy surrounding the Harvey Milk High School; however, there is good rationale and support for keeping such a school. Supporters say this school is a pragmatic solution, providing an alternative route to a diploma for students who are unable to succeed in a traditional high school due to intolerance. Because of the small student body and the staff reinforcing high expectations and academic rigor by demanding high-quality performance levels from their students, students are given more attention and do not “fall through the cracks� as they might at other schools. Additionally, the counseling staff provides good on-demand guidance services, to help students cope with social and emotional issues both during and after the school day. Data also indicates that the school is making steady academic progress and is performing at a higher level than similar transfer high schools, and because of these consistent academic and guidance efforts, the graduation and college acceptances have risen to new heights (NYCDOE, 2008). In addition to helping students succeed academically, the school helps them in the process of coming to grips with their sexuality and the emotional trauma associated with it. Students rely on and trust staff that advise, counsel and tutor at any
6 time before, during and after school. According to an article by Colapinto (2005), several students said, “This school is our second family.” Maria Paradiso, HMI’s director of supportive services, also says “We’re trying to teach them how to manage difficult emotions, how to be confident about who they are. We help them with coming-out issues, and the struggle of gender identity.” In 2002, the Board of Education for New York City authorized a $3.2 million dollar expansion for the school (Herszenhorn, 2003). This allocation of funding for a public school, which is geared toward GLBTQ students, caused many concerns about the legality and ethics of such a school. The first legal issue regarding educating GLBTQ students separtely from heterosexual students is the possible violation of Section One of the 14th Amendment and subsequntly violating the Supreme Court Brown V. Board of Education decision of 1954. Section One of the 14th Amendment states that “no state shall deny to any person within its jurisdication the equal protection of the laws” (Donald, 1994, 1014). This part of Section One, also known as the Equal Protection Clause, protects citizens from the government denying equal protection under the law and was the basis for the Brown V. Board of Education case of 1954. The decision of this landmark Supreme Court case stated that separate educational facilities are unequal. This proves as an interesting point for the HMHS. Although the HMHS states it is a public school open to anyone, it cannot help but to note that an overwhelming majority of the students are GLBTQ. Additionally, the HMHS has state of the art facilities and provides many services that other students, who do not attend the HMHS, do not have access to. “Jonathan Turley, a professor of constitutional law at George Washington University, says that, ‘HMHS, by segregating homosexuals from their straight peers, promotes the return to a “separate but equal” educational system uncomfortably reminiscent of one of the most shameful episodes in
7 American history, when black students were placed in separate schools from their white peers— supposedly for their own good’ (Colapinto, 2005, 4).” The irony of the HMHS separating GLBTQ students from other students is that in the last year of his life, Harvey Milk emphasized that gay people should be more visible to help to end the discrimination and violence against them which would not be congruent with educationally isolating GLBTQ students. The lawsuit that was brought against the NYCDOE in 2003 was filed by state senator Ruben Diaz Sr., a Pentecostal minister from the Bronx. He filed the lawsuit claiming that the city and Department of Education misappropriated funds by giving funds to a school that only serves around 100 students. Mr. Diaz claims that the funds were taken away from schools like ones in his district and act which is discriminatory against non-GLBTQ students. “Eden Abrahams, a Harvey Milk board member, dismisses the notion that there is any unfairness in the school’s drawing money away from students in poor constituencies like Diaz’s stating, ‘The kids are from their constituency’ (Colapinto, 2005, 5).” Mr. Diaz said that city officials should work to protect all students. However, William Rubenstein, a professor at U.C.L.A. Law School who directs the Charles R. Williams Project on Sexual Orientation Law, said he did not think the lawsuit would succeed stating the school could defend itself by saying the students being helped at the HMHS are not in the same situation as other students. Supporters of Mr. Diaz’s lawsuit also argue that the HMHS violates New York City’s human rights law by not allowing heterosexual and GLBTQ students to live side by side in harmony and have mutual respect for each other. Turley acknowledges that gay students face violence in the public-school system but removing them and placing them in their own school is not the solution. He states, “High schools are the most important stage of an individual’s enculturation as a citizen. It’s in high school that they define not just themselves, but their role in society. So we should want to have interaction between gay and lesbian and straight students. This is our last opportunity to shape and monitor behavior, and we need to teach the values of
8 pluralistic society before these people graduate, because for many of them it will be our last opportunity to exercise that level of supervision. To simply remove the object of their prejudice does not deal with the underlying prejudice (Colapinto, 5, 2005),� But there is something Turley isn’t accounting for, by coming out, GLBTQ students open themselves up to hostility and violence from their peers which is also a violation of the previously mentioned laws. Additionally, no information was found about the students that are turned away from the HMHS, and it is hard to argue for such as school when it turns down applicants. Either a school needs to protect all students they are advocating for or it does not. Finally, as professionals in the schools, school psychologists and school counselors need to recognize their part in the controversy of the HMHS. Regardless of political, social, and religious views, school psychologists/school counselors have basic obligations to protect GLBTQ students from harassment, discrimination, and violence in an educational setting as well as be an advocate for their clients (Professional Standard Revision Committee, 2000, 17). This means school psychologists must promote improving the lives of all their clients while still protecting the dignity and rights of everyone involved. This is may prove to be difficult as everyone has different views of the world; however, no matter how different the views, the school psychologist can always be an advocate for non-violence and tolerance of differences. Being an advocate for the further development of learning, school psychologists/counselors must exacerbate every option to help their students be able to learn. This might mean being an advocate of the HMHS, taking on institutional homophobic harassment/discrimination/violence, or even just thinking about if the notion of the HMHS is a good idea. As long as a school psychologist/counselor is working to help educate and protect GLBTQ students, they are being ethical.
9 In conclusion, as a result of harassment, discrimination, and hatred of GBLTQ, the HMHS was opened to give GLBTQ students a safe place for education. However, the opening of such as school has sparked a fierce political and social debate about separating GLBTQ students from mainstream education. Those who oppose the HMHS say this is the problem with the school as it creates the idea that GLBTQ students are somehow different to the point where they need special protection and a separate learning environment; however, proponents of the school say this is the last chance between an education or homelessness, crime, and even death for some GLBTQ students. Turley, Diaz, and others would say that instead of separating GLBTQ students, educators such as school psychologists/counselors should be trying to take on institutional homophobia; however, while this is a good idea and something school psychologists/counselors should take on, there will always be instances where individuals are not helped by institutional programs. In these cases, a place such as the HMHS is an essential necessity for those individuals in which an institutional program would fail. While the debate of the HMHS will no doubt continue for a long time, one thing is sure. More needs to be done to make sure that all students, no matter what sex, race, sexual orientation, and disability, have a safe environment for learning. It is easy for people to talk about change and wait for others to bring about change; however, we cannot wait for change to happen. We must be the ones to bring about that change.
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References Colapinto, J. (2005, Jan 31). The Harvey Milk School Has No Right to Exist. Discuss. New York Magazine. Retrieved from http://nymag.com/nymetro/news/features/10970/. Donald, D.H. (1994). Constitution of the United States. In World Book Encyclopedia (Vol. 4, pp. 1014-1015). Chicago: World Book Encyclopedia. Harvey Milk High School: M586-New York City Department of Education. (2009). Retrieved February 13, 2009, from http://schools.nyc.gov/SchoolPortals/02/M586/default.htm. Hetrick-Martin Institute: Home of the Harvey Milk High School. (2008). Retrieved February 13, 2009, from http://www.hmi.org/. Herszenhorn, D.M. (2003, Aug 16). Lawsuit Opposes Expansion of School for Gay Students. The New York Times. Retrieved from http://query.nytimes.com/gst/fullpage.html? res=990DE4DB1430F935A2575BC0A9659C8B63.
11 Professional Standard Revision Committee. (2000). Principles for Professional ethics Guidelines for the Provision of School Psychological Services. Durham, NH: National Association of School Psychologists. Solow, T. (2008). Quality review: Final report (M586). New York, New York: The New York City Department of Education.
12 SPSY 777 Legal and Ethical Issues for School Counselors and School Psychologists
Harvey Milk School Assignment
NAME:______Chapin________________________
RATING CRITERIA 1=unacceptable, 2=low average, 3=average, 4=above average, and 5=excellent
Thoroughly reviewed the history and development of the Harvey Milks School (Gave a comprehensive answer) 1 2 Excellent work!
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Identified the specific legal and ethical issues related to this situation 1 2 3 4 5 Very well done Identified and discussed the legal and ethical ramification of this situation 1
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5
Discussed the school counselor’s/school psychologist’s professional roles 1
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Accurate APA formatting and citing/correct grammar, punctuation, spelling 1 2 3 4 5 Josh-an outstanding paper. I can see you did your research and synthesized what you learned. 25/25