Special Education Law Blog

Minority Students & Students with Disabilities Suspended at a Higher Rate

The Civil Rights Project (Proyecto Derechos Civiles) released a study in March demonstrating that minority students and students with disabilities are suspended at a far higher rate than their non-disabled or non-minority peers. At first blush, this is not news.  Other researchers have already documented these disproportionate rates, which have even been discussed in this blog.   But the new study, “Opportunities Suspended:  The Disparate Impact of Disciplinary Exclusion from School,” is different for two primary reasons. First, the authors, Daniel Losen and Jonathan Gillespie, use data from the Civil Rights Data Collection survey from the Department of Education, thereby providing the most comprehensive and exhaustive review of what is happening in our nation’s schools.  These DOE data are from 7000 schools districts and represent 85% of our nation’s students.  Second, the Civil Rights Project does not solely focus on the problem states or the problem districts that are suspending students at such horrific rates.  The study also provides the data for those states and districts that are not engaging in high suspension rates.  These districts have figured out how to keep students in school and engage them in learning.  These are the districts from which we need to learn. 

Romney on Common Core Standards

The Common Core standards were developed in 2010 as an effort to create voluntary national standards for learning in math and reading.  The effort, which was spearheaded by the National Governors Association and the Council of Chief State School Officers and funded by among others the Bill & Melinda Gates Foundation, is to ensure our nation’s students are more globally competitive and better prepared for college or the workforce.  Although voluntary, all but four states have adopted the standards, which are just now starting to be implemented by the states.  Embraced by the Obama administration and vilified by some members of the far right, the standards are not without controversy, and may or may not become an issue in the upcoming presidential election as President Obama and Mitt Romney jockey to define education policies apart from one another.

According to the president of the American Federation of Teachers, the standards are designed to help students think more critically and not just be able to “fill in the blanks on standardized tests.”  Teachers who are familiar with the standards believe that topics will be taught in much greater depth than previously.  Critics, including NYU education historian Diane Ravitch, argue that the standards are untested and that no one knows if they are “good or bad, whether they will improve academic achievement or widen the achievement gap.”  The Brookings Institution suggests that since existing state standards, which are being replaced by Common Core, have had little impact on academic achievement within individual states, there is little reason to believe the Common Core standards will improve our nation’s schools.

 

Lessons from Overseas for Programming for Adults with Disabilities

The father of a child represented by this firm forwarded information about a very special kibbutz in Israel.  As you may know, an Israeli kibbutz is an agricultural communal settlement whose residents collectively live and work together.  The kibbutz this client forwarded information on is called Kishorit, and it is unique because it is designed to meet the needs of adults with developmental disabilities. 

 In the United States, parents agonize over finding appropriate placements for their adult children in the community which will enable them to function as independently and productively as possible.  Kishorit is different, even among the kibbutz movement.  Its 140 residents are expected to engage fully in the kibbutz community.  Almost 97% of the residents are employed, either through the micro-enterprises run by the kibbutz, or in nearby communities.  Staff and volunteers eat, work, and socialize with the residents. 

 Despite the unique program offered at Kishorit, Israel is behind the United States in its efforts to meet the needs of the disabled.  Dr. Joav Merrick, the medical director of the Division of Mental Retardation of the Ministry of Social Affairs and chairman and medical director of Israel’s National Institute of Child Health and Human Development, immigrated to Israel some 20 years ago.  Upon his arrival in Israel, he was shocked to find 5-year-old children with Down’s syndrome effectively warehoused in neonatal hospitals—abandoned at birth by their parents with no other placement options available.  It’s been an uphill battle since then to get Israeli’s to change their attitudes toward the disabled. 

ACLU files suit in Michigan

The Michigan ACLU has taken the unprecedented step of filing a class action lawsuit in July against the Highland Park School District, the state of Michigan, and other governmental entities for failing to teach the students in the Highland Park School District how to read.  Kary Moss, executive director of the Michigan ACLU, said “This is not a pro or anti-charter case. . . This is not a pro or anti-teacher case.  This is not a pro or anti-emergency manager case. This case, simply put, is about the right of children to read, a right guaranteed under the constitution and laws of this state.” 

 The ACLU has carefully jockeyed to buttress its argument that the right to read is a civil right for the students in Michigan. Although the ACLU acknowledges that state courts have not recognized education as a fundamental right granted by the Constitution, the ACLU points out that the Supreme Court has referred to education as “not merely some governmental benefit which is indistinguishable from other forms of social welfare legislation.”   Additionally, the Michigan Supreme Court has declared that “education is perhaps the most important function of state and local governments,” and the Michigan Constitution “imposes an obligation” on the state to offer a free public elementary and high school education.