PUBLISHED BY
LAW WISE OCTOBER 2019 • ISSUE 2
Coordinators:
ethany J. Roberts, Chair, LRE Committee; B Anne Woods, Public Services Director; Nicolas Shump, Law Wise Editor; & Patti Van Slyke, Journal Editor
Greetings from the Kansas Bar Association (KBA). Welcome to this second edition of Law Wise for the 2019-2020 school year.
IN THIS ISSUE
Justice in Schools Overview............................1 Civil Rights in the Schools................................ 2 Exclusionary Discipline & Civil Rights............. 2 Eviction and Its Impact on Student Performance....................................... 3 Immigration & Family Separation................. 3-4 Lesson Plan 1: Confronting the Parodoxes of an Open Classroom Climate................................ 4 Lesson Plan 2: Sealing Off Social Media Policy in Schools..... 5 Terrific Technology for Teachers....................... 6 iCivics............................................................. 7
Justice in Schools Overview
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nyone who has spent time as a student, teacher or administrator realizes how classrooms and schools serve as microcosms for the world at large. Education occurs both in and outside the classroom in numerous ways. Moreover, teachers and students gain pedagogical benefits from the mere exposure to fellow students and teachers from a variety of cultural, ethnic, gender, linguistic, national and religious backgrounds. For the first time, students might be exposed to classmates who hold vastly different beliefs and lifestyles. Teachers have to organize these various perspectives into a coherent, inclusive and safe space for all—a task much more difficult than it might appear.
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As the United States nears its third decade of the twenty-first century, forces from outside the classroom increasingly disrupt the lives of students and the management of a classroom environment. This issue of Law Wise will explore some of the issues found under the umbrella of Justice. Among some of the issues to be addressed are civil rights, exclusionary discipline, immigration, social justice, social media and student eviction. The United States has asked much of its schools and teachers over the course of its history, and schools continue to meet the challenges put before them. In addition to these topics, this issue hopes to highlight the integral role that schools play in the education and socialization of the young people they serve. n www.ksbar.org/lawwise
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Civil Rights in the Schools
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s schools become increasingly diverse in terms of ethnicity, gender, race and sexual identity— among other issues— it has become increasingly important for schools to create an inclusive and safe environment for all students. This is often easier said than done. After the 2016 presidential election, the Southern Poverty Law Center conducted a survey of over 10,000 educators in American schools. The survey covered several topics including bullying, harassment and hate crimes. Eight out of ten of the educators who reported “heightened anxiety on the part of marginalized students, including immigrants, Muslims, African Americans and LGBTQ students.” The educators went on to note these types of attitudes were relatively new.
To combat this increased anxiety, the National Education Association has created a document titled Legal Guidance on Student’s Rights that covers discrimination and harassment based on ethnic and racial categories. Though they have not created similar documents for sexual harassment and harassment for LGBTQ students, the NEA does have its Edjustice page devoted to ensuring students’ civil rights in all of these areas. This site serves as clearinghouse to highlight policies in various school districts to ensure these civil rights and for educators to look at policies instituted by various districts that can serve as a model for their own schools. The climate strike on September 20th and the work of organizations like March For Our Lives highlight the nascent political activism of the current generation of students. Our country is built upon the idea that all of us, including students, have civil rights. Schools must continue to work with these students to ensure these rights. n
Exclusionary Discipline and Civil Rights
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he administration of school discipline is one of the more difficult aspects of education. With issues such as bullying in schools, sexual assault, and gun violence, teachers and administrators face tremendous pressure to keep their students safe. Many schools have adopted zero-tolerance policies when it comes to school discipline. In conjunction with these policies are disciplinary practices that in their application have become known as “exclusionary discipline.” Exclusionary discipline is defined as “removing a student from class or the school building as a consequence for misconduct.” The Center for Promise has studied exclusionary discipline in Minnesota as well as possible alternatives. The executive director, Dr. Jonathan Zaff, speaks to the potential harms of these practices. “The reality is that exclusionary discipline practices do not make schools more conducive to learning, do not help improve student behavior and do not make schools safer. But these practices do force youth off-track.” The report noted five negative outcomes to these policies: • • • •
Worse academic performance Lower levels of school engagement Greater chance of leaving school before graduation Increased likelihood of future involvement with the criminal justice system • Higher levels of school violence and antisocial behavior
actions. In response to these potential issues, these Minnesota districts attempted to listen the student’s concerns about discipline, informed the students and parents about school rules, and sought out alternative methods of discipline. The schools found that students were often suspended for minor infractions. They responded by working on programs such as “restorative justice” to minimize these potentially harmful outcomes. Restorative justice programs decreased in-school suspension rates by 70 percent. In 2018, Secretary of Education Betsy DeVos formed the Federal Commission on School Safety. One of the issues under consideration was the repeal of the Obama era directive on the Nondiscriminatory Administration of School Discipline that advocated the use of “restorative justice” as opposed to “exclusionary discipline.” Statistics from the Government Accountability Office included the following information: • African-American students account for 19 percent of enrolled students, but 47 percent of out-of-school suspensions. • The enrollment numbers for students with disabilities was also 19 percent, but these students accounted for 36 percent of out-of-school suspensions. While it is a challenge to keep students safe, this emphasis on safety must necessarily be balanced with the opportunity of all students to receive the full benefits of their education. n
Additionally, minority students in Minnesota accounted for 33 percent of enrollment, but 65 percent of the disciplinary www.ksbar.org/lawwise
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Eviction and Its Impact on Student Performance
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n the summer of 2019, the Council of Great City Schools awarded its 2019 Research and Assessment Leadership Award to the Kansas City Public Schools (KCPS) Division of Research and Accountability. This award served as an acknowledgement of the efforts of the KCPS efforts to combat the problem of student eviction.
In conjunction with the Kansas City Eviction Project, Legal Aid of Western Missouri and the Local Investment Commission, the KCPS Division of Research and Accountability developed a data mining program to research the issue of eviction and its impact on student success. Acting as an early warning system, the program tracks students who might be in danger of eviction from their homes. Once the student and family are identified, the KCPS staff refers students to the Justice in Schools Program, housed at
the Harvard Graduate School of Education, where they can receive free legal advice. The KCPS program is the first of its kind in the American educational system. According to the data collected, the average rate for school change in Missouri is 23 percent, but it is 48 percent in the KCPS system. Educators acknowledge the negative impacts of these evictions as students fall behind in school and test scores decline as well. Earlier this month, the California Assembly passed Assembly Bill 1482 that would limit rent increases and prevent certain types of evictions by landlords. Governor Gavin Newsom is expected to sign the legislation into law. It remains to be seen if other states and municipalities follow suit. However, this issue is one that has a significant impact on the attendance and academic success of students from poorer families. n
Immigration and Family Separation
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mmigration remains one of the most politically volatile issues in American politics and society. As the Trump Administration continues its zero-tolerance policy, the impact on children incarcerated as a result of the enforcement of this policy continues to mount. According to the National Education Association (NEA), more than 10,000 immigrant children have been incarcerated, and they are often separated from their family in the process. Medical and child advocacy groups have expressed concerns about the impact of this policy on children. The American Academy of Pediatrics issued a 2017 report arguing against the detention of children. One of the legal safeguards to limit detention of children is known as the Flores settlement; it dictates that children normally are to be released after five days of detention. Under emergency conditions, children may be detained for up to 20
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days. Flores further mandates that children should be in the least restrictive type of detention. Rulings in 2018 allowed for parents to waive their children’s’ Flores rights to keep families together in detention. The potential dangers to prolonged detention of children are numerous: illness, lack of medication and weight loss. Depression and feeling of hopelessness can produce “toxic stress” which releases hormones which can disrupt brain development.1 Furthermore, most of these children lack the opportunity for the physical exercise and recreation they would have at school. Luis Zayas, the Dean of the University of Texas School of Social Welfare notes the potential harm to children in detention: “I can say with certainty that detention is inflicting emotional, psychological, physical health and neurological harms on these families, particularly the children, and that some of these effects will be long lasting, and very likely permanent as adduced by the scientific literature. The healing process, in my view, cannot begin while mothers and young children are detained.”
Prior to this new policy, Immigration and Custom Enforcement’s Family Case Management Program allowed for the release of families under close scrutiny. The program had a 99 percent success rate in families complying with their court appearances and check-ins. The program costs were approximately one-tenth of the cost of detention. According to the NEA, there are approximately 4.1 million children born in the United States with at least one parent who is undocumented. With the new policy in place, schools have developed processes to deal with students who have family members detained. Some school districts have passed laws designating their schools as Safe Zones in support of their immigrant students. While the issue of immigration and U.S. policy continue to dominate the political landscape, one must never lose sight of the human impacts of these policy decisions. n 1. See https://www.omicsonline.org/proceedings/the-psychologicalimpact-of-immigration-detention-on-child-and-adolescent-asylum-seekers-74358.html.
Lesson Plan 1:
Confronting the Parodoxes of an Open Classroom Climate: What Boundaries Should Be Placed on Student Civil Discourse? Meira Levinson • Justiceinschools.org Grades 9-12
Overview: Students will work through a case study on the limits of student civil discourse in a middle school classroom. The case study attempts to come to terms with competing civil rights like freedom of equality and freedom of religion. Lesson Plan Duration- Three to four classroom sessions. Summary of Tasks: • Students will all be given the Justice in the School case study on the Open Classroom Climate. • After reading the case study, the class will be divided into three groups:
1. Those who will argue in favor of Jonah’s project.
2. Those who support Kirsten’s approach to Jonah’s project.
3. Those who will make the final decision in the role of the classroom teacher. The third group will decide whether or not Jonah should be allowed to do his project.
• To allow Group 3 to make their decisions, the students in groups 1 and 2 will submit written essays supporting their side of the argument. • Groups 1 and 2 will present oral arguments to Group 3 in class. • In making their assessment of the competing sides, Group 3 members will also submit written responses to justify their decision on the merits of the case. www.ksbar.org/lawwise
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Lesson Plan 2
Sealing Off Social Media Policy in Schools Henry Atkins • Justiceinschools.org Grades 9-12
Overview: Students will work through a case study on the potential dangers of social media among students. The case study attempts to come to terms with how to set policy for social media issues even when they occur outside of school. Lesson Plan Duration: Three to four classroom sessions. Summary of Tasks: • Students will all be given the Justice in the School case study on the Obligation of Schools in a Social Media World. • They will also examine the original Facebook post that caused this situation at the school. • After reading the case study and Facebook post, the class will be divided into three groups: 1. Those who will argue in favor of disciplining Jack Miller for posting the offending message on Facebook. 2. Those who support Ms. Lewis and her daughter Jerica. 3. Those who will make the final decision in the role of Principal Weathers. The third group will decide whether Jack should be disciplined. 4. If Group 3 agrees to punish Jack, they must decide the punishment for Jack • To allow Group 3 to make their decisions, the students in groups 1 and 2 will submit written essays supporting their side of the argument. • Groups 1 and 2 will present oral arguments to Group 3 in class. • In making their assessment of the competing sides, Group 3 members will also submit written responses to justify their decision on the merits of the case.
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TERRIFIC TECHNOLOGY FOR TEACHERS
Council of the Great City Schools
https://www.cgcs.org/ A website developed by this council of large urban school districts focused on educational improvement within the member districts.
Disciplined and Disconnected
https://gradnation.americaspromise.org/report/disciplined-and-disconnected A report issued by the Show AmericasPromise.org focused on the policies of exclusionary justice in the Minnesota schools.
Edjustice
https://neaedjustice.org/ A website organized by the NEA devoted to issues of social justice in public schools.
Exclusionary Discipline
https://supportiveschooldiscipline.org/learn/reference-guides/exclusionary-discipline A website published by the National Clearinghouse on Supporting School Discipline that serves as a repository for various reports on the effects of exclusionary discipline in various school districts across the nation.
Exclusionary Discipline and Disconnected Students
http://neatoday.org/2018/07/19/how-exclusionary-discipline-creates-disconnected-students/ An article focused on some of the outcomes of what educational scholars term “exclusionary discipline.”
Families Belong Together
https://neaedjustice.org/families-belong-together/ A website devoted to issues concerning protecting the education and rights of immigrant students.
How Using Restorative Practices Can Prevent Exclusionary Discipline Issues
https://www.idra.org/resource-center/using-restorative-practices-can-prevent-exclusionary-discipline-issues/ A report from the Intercultural Development Research Association on ways to minimize exclusionary discipline in schools.
Justice in Schools
https://www.justiceinschools.org/ A website developed by Harvard University’s Graduate School of Education focused on educational justice.
Why Exclusionary School Discipline Practices are a Civil Rights Issue
https://edtrust.org/the-equity-line/exclusionary-school-discipline-practices-civil-rights-issue/ A discussion of exclusionary discipline from The Education Trust.
Why Social Justice in School Matters
http://neatoday.org/2019/01/22/why-social-justice-in-schools-matters/ A publication of the National Educational Association highlighting the importance of social justice in the schools.
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OCTOBER 2019 | LAW WISE 7 iCivics Resources for Getting Involved & Taking Action
www.icivics.org
This site provides teachers with free resources that improve students’ civic knowledge, civic attitudes, and core literacy skills.
Fun Learning Opportunities
iCivics
www.icivics.com
Social Media Mini-Lesson D: Privacy Policies & You Do you casually bypass website privacy policies? In this mini-lesson, students review key aspects of website privacy policies and learn about options they have in keeping their data safe. LEARNING OBJECTIVES • Identify where users can find a company’s online privacy policy • Answer key questions that privacy policies address • Make decisions concerning how their data is shared The KBA also has resources for teachers. Visit: https://www.ksbar.org/page/educator_resources
About the Law Wise Editor: Nicolas Shump teaches courses in Creative Writing, Film, and Advanced Placement (AP) courses in Comparative Government and Politics, European History, Psychology, and U.S. Government and Politics for the Hybrid Learning Consortium (HLC) at The Barstow School in Kansas City, MO. He also teaches Discourse 100 and 200 at the University of Missouri-Kansas City (UMKC) where he is an MFA Student in the Creative Nonfiction Program. He is a columnist for the Topeka Capital-Journal, Gatehouse Kansas publications and a Talk About Literature in Kansas (TALK) discussion leader for Humanities Kansas.
Is Law Wise Helpful to You? We are always open to receiving comments, ideas and suggestions. Please reply to awoods@ksbar.org . Please let us know:
• Topics you would like to explore; • Projects and lessons you have developed that you would like us to feature; • Questions you would like to ask an attorney or judge.
We look forward to hearing from you.
He can be reached at nicshump@gmail.com
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The Kansas Bar Foundation, with Interest on Lawyers’ Trust Accounts (IOLTA) funding, provides support for this publication. Law Wise provides general information about law-related matters of interest to teachers, students, and the public in Kansas, but does not provide any legal advice, so readers should consult their own lawyers for legal advice. For further information about any projects or articles, contact Anne Woods, public services director, (785) 234-5696. Law Wise is published by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KS 66612-1806, during the school year.
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