ELC: Stemming the Tide of the School-to-Prison Pipeline

What is the school- to-prison pipeline in Pennsylvania?

November 19, 2010©Education Law Center-PA3

How does ELC “Stem the tide?” 1. Policy Reform Advocacy (local, state, and federal)federal  Coalition Building:  Community Responses to Zero Tolerance, and  Pennsylvania School Climate Coalition  White Papers, Legislative Analysis, and Testimony:  Combat “Zero Tolerance” and Exclusionary Discipline  Promote Evidence-Based Practices  Positive Behavioral Supports  Restorative Practices  Trauma Informed Education  Code of Conduct Reforms (Philadelphia and Pittsburgh) 2. Public Education of Students’ Rights  (See Fairness in Discipline and other publications)Fairness in Discipline 3. Direct Representation

Common Forms of Discipline:  School-based punishments (detention, community service, etc.)  Suspensions  Transfers  Expulsions

What are the Legal Rights of Students? 1. Procedural Due Process 1. Notice 2. Impartiality 3. Evidentiary Protections 4. Representation 5. Appellate Review? 2. Substantive Due Process (general fairness) 1. No arbitrary and capricious punishment 2. No punishment for out of school conduct 3. No corporal punishment 3. Limited Freedom of Expression and Speech 4. Added Protections for Students with Disabilities

Facts from ELC case representing six year old kindergartener:  Entire evidence presented by school at hearing: Mr. Annecharico: March 19th, Christian Dudley, what happened? Ms. Gillespie: He touched me on my legs. Mr. Annecharico: Okay Ms. Gillespie: Made me feel uncomfortable. Mr. Annecharico: Okay. How did he touch you? Ms. Gillespie: On my thighs it would have been (gesturing). Mr. Annecharico: I don’t have any further questions  Key additional facts: Upon cross-examination it was revealed that Christian only touched her thighs after Ms. Gillespie had complained that her legs were hurting and that as he touched her he said, “I want to make them feel better.” No one claimed that there was anything sexual about the touch, and Ms. Gillespie could not recall saying anything to Christian after he touched her legs and that this was the first time Christian had ever touched Ms Gillespie. Christian’s mother reported that, when she spoke to her son about the incident, he said, “I wish I was a doctor. That way I can make people feel better.”

What’s Going On In Philadelphia?  Under State Control Since 2001: High-stakes testing Inequitable distribution of effective teachers Over 40% drop out rate All of the “persistently dangerous schools” in PA Long history of excessive exclusionary discipline and ineffective responses to school safety. 85 Charter Schools (35% of students) – underserve students with disabilities, English lanuage learners, student in foster care and juvenile justice systems  Costing-out Study Concluded District is underfunded by $1 billion!

Recent Philly Schools History 2008 New Superintendent New Zero Tolerance Policy Hundreds of Expulsions Major Due Process Violations

Recent History in Philadelphia “Community Responses to Zero Tolerance” forms ELC Represents dozens of students Mass Assaults at South Philadelphia High YUC/ELC Zero Tolerance Report

Available at nthropies.org/learning/r eport-zero-tolerance- philadelphia nthropies.org/learning/r eport-zero-tolerance- philadelphia

Then what happened?  Philadelphia Commission on Human Relations found that the District’s zero-tolerance discipline policy, “alienates students and has an adverse effect on school climate.”

SDAS is Formed!  In 2011, Temple Law Students Approach ELC for help in creating and training the School Discipline Advocacy Service

ELC and others help District design new Code of Conduct:  Abandons “zero tolerance” in favor graduated disciplinary matrix.  Reserves “out-of-school suspensions as a last resort and only when in school interventions and consequences are insufficient to address a student ʼ s inappropriate behavior.”  Specifically prohibits out-of-school suspensions for minor or ambiguous infractions: Truancy Dress code violations Cell phone violations

November 19, 2010©Education Law Center-PA26 Philly’s new graduated Disciplinary Matrix