Due Process Rights for Children in Schools Juvenile Justice Association Spring 2019 Conference May 23, 2019 Agenda

• Introduction to the Education Justice Program (EJP) /LSEM

• School to Prison Pipeline

– Common themes

– Regional and National Statistics

– Recommendations

• Federal and State Laws Protecting Students’ Rights

• EJP Litigation

# Legal Services of Eastern Missouri

Legal Services of Eastern Missouri provides free legal assistance to low-income individuals and the elderly in 21 counties of Eastern Missouri

LSEM Units 21 Counties of Eastern MO Consumer Law * Housing Law * Children’s Legal Adair * Clark * Franklin * Alliance* Advocates for Family Health * Health Jefferson * Knox * Lewis * Justice Initiative* Public Benefits* Volunteer Lincoln * Macon * Marion * Lawyers Program* Veterans Advocacy* Education Monroe * Montgomery * Pike Justice* Marketplace Assistance (ACA)* Lasting * Ralls * Schuyler * Scotland Solutions/Family Law* Family Court (St. Louis * Shelby * St. Charles * St. County)* Elder Law * Immigration * Legal Louis * St. Louis City * Assistance for Adults with Mental Illness* Youth & Warren * Washington Family Advocacy* Community Economic Development

# Education Justice Program (EJP)

The Education Justice Program (EJP) started fully in October 2017. We are a division within Legal Services of Eastern Missouri, and we target the root causes of education inequity in Missouri through a racial justice lens and a community lawyering model to advance systemic change.

We focus on community lawyering and heavy outreach ▪ Canvassing (door-to-door)

▪ Small listening sessions

▪ Meeting with community leaders, including Pastors and homeless shelters

▪ Cold-calls to community partners

▪ Concerted effort to reach groups we hadn't been able to reach before

# Education Justice Program (EJP)

Our work includes:

▪ Litigating school discipline and other education cases

▪ Drafting policy papers

▪ Community outreach and education

▪ Filing complaints with the US Dept. of Education’s Office of Civil Rights

WE HELP KEEP KIDS IN SCHOOL AND WE HELP THEM GET A QUALITY EDUCATION, WHETHER THEY ARE IN SCHOOL, SUSPENDED, OR EXPELLED.

# THE SCHOOL-TO-PRISON PIPELINE

# The School to Prison Pipeline

What Phenomenon describing practices within the education, juvenile justice, and is it? criminal justice systems that create a path from school to prison*

Greater effect on students of color and students with disabilities*

School Policy Pushes Students Out**

*Source: www.aclu.org/print/racial-justice/what-school-prison-pipeline **Source: Dennis Parker, ACLU Racial Justice Program Director, found at http://www.msnbc.com/msnbc/brown-v-board-students-criminalized # Pathways from the Classroom to the Courtroom Classroom Classroom Classroom

Unaddressed academic failure Misbehavior Misbehavior

Drop out Out-of-School School-based arrest or court Suspension or Expulsion referral

Negative psychological, social, and behavioral effects Negative psychological, social, Court and behavioral effects

Delinquent behavior Delinquent or criminal behavior

# Court Court THE SCHOOL-TO-PRISON PIPELINE

Key Features of the School-to-Prison Pipeline

• Lack of Trauma-Informed Practices in School • Policies • Overuse of Suspension and Expulsion • Culture of Surveillance • Increased Presence and Use of Law Enforcement • Inadequate Alternative Education Programs • Systemic Barriers to School Attendance

# Trauma

• Exposure to trauma can impact physical, emotional and brain development

– Internalize and/or externalize stress reactions and emotional responses can vary (trembling, anger, sadness, or avoidance) – Children experiencing complex trauma may have trouble with self-regulation- reacting unpredictably or dissociating

*Source: National Child Traumatic Stress Network: https://www.nctsn.org/what-is-child-trauma/complex-trauma/effects # Implication of Trauma on Education

More difficult to access classroom content Harder to focus, recall, remember, process information and problem solve Leads to inconsistent academic performance and higher rates of absenteeism

3X more likely to drop out Decreased reading ability More likely to perform Language and verbal below grade level and processing deficits have lower GPAs Delays in expressive and Higher rates of office receptive language referrals, suspensions, and expulsions More likely to be misclassified and placed in special education

*Source: National Child Traumatic Stress Network: https://www.nctsn.org/what-is-child-trauma/complex-trauma/effects # “Zero Tolerance” Policies

▪ Automatic imposition of severe punishment regardless of how minor the violation – E.g.: Suspensions because of uniform violations; truancy, etc.

▪ Most schools claim to have eliminated zero-tolerance policies but still engage in zero-tolerance practices

# Overuse of Suspensions and Expulsions

• Suspension – Short-term: 10 days or less (by Principal) – Long-term: more than 10 days and up to 180 days (by Superintendent or designee)

• Expulsion – Anything beyond 180 days (by Board of Education)

• Increased rates overall, especially for students of color and students with disabilities

• De facto Suspensions & Expulsions – Student sent home or signed out instead of being officially suspended/expelled

• Lack of due process protections

# Culture of Surveillance

▪ Regard children as being threats

▪ Policing of School Hallways ▪ Metal Detectors ▪ Pat Downs ▪ Backpack Checks ▪ Camera Surveillance ▪ Checking Social Media Posts

# Increased Use of Law Enforcement

▪ Law enforcement plays an active role in routine school disciplinary matters that should be handled by school staff and administrators. ▪ School Security Guards ▪ School Resource Officers ▪ School-based arrests for disruptive behavior ▪ Seclusion and restraint

▪ Schools with a student population of at least 50% black students are much more likely to have a full-time SRO on school grounds

▪ Schools with an SRO or police presence are more likely to have arrests for minor offenses such as disorderly conduct than their peers at schools without an SRO or police presence, even though they are not more likely to be charged with a crime ▪

# Inadequate Alternative Education Programs

• Private, for-profit companies

• Different accountability standards – Classroom hours – Qualified – Curriculum requirements

• Almost impossible to catch-up

• Less structure for student

# Barriers to School Attendance

▪ Homelessness ▪ McKinney-Vento Act ▪ ESSA

▪ Family Court Involvement ▪ Foster Children ▪ Fostering Connections Act ▪ Delinquency Proceedings ▪ Safe Schools Act

▪ Prior Suspensions & Expulsions

# Absenteeism

• Chronically Absent- Missing more than 3 weeks of school, or 15 days* • When students are not in school, they are not being exposed to content, causing them to fall behind.

*Source: https://www.brookings.edu/blog/up-front/2018/04/25/school-attendance-a-building-block-of-student-achievement/ # “Out of school” youth are Chronic more likely to become 1.3 involved in physical fights, Absenteeism carry a weapon, smoke, Million Youth use alcohol, marijuana drop out of and other drugs, and school each year engage in sexual intercourse ***

Linked to low Linked to Low reading student proficiency 3X Achievement which is linked more likely and lower to not to be course graduating on Incarcerated* performance* time.** **

*Source: https://www.brookings.edu/blog/up-front/2018/04/25/school-attendance-a-building-block-of-student-achievement/ **Source: http://www.americangraduate.org/blogs/latest-education-headlines/2015/09/01/every-day-counts-facts-on-attendance- achievement/ *** Source: http://www.dignityinschools.org/files/DSC_Pushout_Fact_Sheet.pdf # Other Factors: Failing Public Schools ▪ Inadequate resources

▪ Concentrated poverty & trauma

▪ Overcrowded classrooms

▪ Underqualified teachers and unqualified substitute teachers

▪ Insufficient funding/allocation of funds ▪ Counselors ▪ Special Education services ▪ Social Workers

▪ Test-based accountability

▪ Charter Schools

# Regional and National Statistics

# Missouri Discipline Data

# 2 in disproportionate suspension rates

# 10 in percentage of students suspended who are African-American and with disabilities

Between 2011 and 2014, the rate of students expelled from school in Missouri doubled.

*See national study with 2009-2010 performed by Civil Rights Project at UCLA See ACLU-MO 2017 Report (From Schools to Prison: Missouri’s Pipeline of Injustice)

# Missouri Discipline Data

Kindergarten Through Third Grade

# Missouri Discipline Data

Racial Disparity Map

St Louis Public Schools •Percent Black Enrollment: 82.59% •Percent of suspensions given to black students: 97.01% Normandy •Percent Black Enrollment: 96.50% •Percent of suspensions given to black students: 100% Hazelwood •Percent Black Enrollment: 73.40% •Percent of suspensions given to black students: 92.60% Ferguson-Florissant •Percent Black Enrollment: 80.70% •Percent of suspensions given to black students: 94.56% Webster Groves •Percent Black Enrollment: 16.70% •Percent of suspensions given to black students: 49.49% Clayton •Percent Black Enrollment: 17.66% •Percent of suspensions given to black students: 51.67%

# National Discipline Data

• Black students are 4.5 times more likely to be suspended than White students.

• Those with disabilities were more than 3 times more likely to be suspended than their white disabled peers.

*See national study with 2009-2010 performed by Civil Rights Project at UCLA See ACLU-MO 2017 Report (From Schools to Prison: Missouri’s Pipeline of Injustice)

# National Discipline Data

While black boys are 3x more likely to be suspended than white boys, black girls are 6x more likely to be suspended than white girls.

# National Discipline Data

Nationwide, as many as 95% of out-of-school suspensions are for nonviolent misbehavior--like being disruptive, acting disrespectfully, tardiness, profanity, and dress code violations.*

Non- violent

*See http://www.ed.gov/news/speeches/rethinking-school-discipline

# But Are Children of Color Just Misbehaving More? NO Research has failed to find evidence that students of color act out at higher rates or engage in more severe behavior that could justify differential punishment.*

*Source: http://www.indiana.edu/~atlantic/wp-content/uploads/2014/03/African-American-Differential-Behavior_031214.pdf ** See also, http://kirwaninstitute.osu.edu/racial-disproportionality-in-school-discipline-implicit-bias-is-heavily-implicated

# Quality and Opportunity: The Issues

# The The phenomenon in education where test scores of minority and/or low-income students are lower than their White or Asian peers.* Achievement The gaps widen and lead to long-term trends in high Gap school and college completion and job prospects.

4 grade difference between the most and least socioeconomically advantaged districts.**

By 4th grade, 86% of African-American boys and 82% of Hispanic boys are reading below proficiency levels. Compared to 54% of white 4th graders below proficiency.***

Achievement gaps are larger in districts where black and Hispanic students attend higher poverty schools than their white peers; where parents on average have high levels of educational attainment; and where large racial/ethnic gaps exist in parents’ educational attainment.**

*Source: National Education Association: http://www.nea.org/home/20380.htm **Source: https://news.stanford.edu/2016/04/29/local-education-inequities-across-u-s-revealed-new-stanford-data-set/ ***Source: The White House, My Brother’s Keeper: Creating Opportunity for Boys and Young Men of Color, http://www.whitehouse.gov/my-brothers- keeper # Quality in Education Issues: The Achievement Gap in Numbers Collected from 2016-2017 school year. Districts are located 12 minutes away by car.

Normandy Schools Clayton School District Missouri Averages Collaborative

Students on Free and 12.6% 51.2% Reduced Lunch

Attendance Rate 73.4% 93.3% 88.7%

Average Current Expenditures per ADA $13,155 $18,392 $10,899 (Average Daily attendance

14.80 (with 88.5% of 25.80 (with 97.6% of 20.20 (with 91.9% of Composite ACT Score graduates taking it) graduates taking it) graduates taking it)

Four Year Graduation Rate 78.95% 98.15% 89.28%

Percent of Students Proficient or Advanced in 26.3% 89.9% 60.2% 8th grade English

*Data taken from DESE District Report Card # Quality in Education Issues: The Achievement Gap in Numbers Collected from 2016-2017 school year. Their central offices are located 20 minutes apart.

St Louis Public Schools Ladue School District Missouri Averages

Students on Free and Reduced Lunch 100.0% 10.8% 51.2%

Attendance Rate 84.5% 91.1% 88.7%

Average Current Expenditures per ADA $14,655 $13,943 $10,899 (Average Daily attendance

17.00 (with 85.9% of 25.90 (with 93.7% of 20.20 (with 91.9% of Composite ACT Score graduates taking it) graduates taking it) graduates taking it)

Four–Year Graduation Rate 70.94% 98.33% 91.02%

Percent of Students Proficient or Advanced in 31.3% 82.1% 60.2% 8th grade English

*Data taken from DESE District Report Card # Quality in Education Issues: The Achievement Gap in Numbers Collected from 2016-2017 school year. Their central offices are located 21 minutes apart.

Riverview Gardens Clayton School District Missouri Averages

Students on Free and 98.8% 12.6% 51.2% Reduced Lunch

Attendance Rate 81.5% 93.3% 88.7%

Average Current Expenditures per ADA $10,090 $18,392 $10,899 (Average Daily attendance

14.10 (with 84.0% of 25.80 (with 97.6% of 20.20 (with 91.90% of Composite ACT Score graduates taking it) graduates taking it) graduates taking it)

Four-Year Graduation 82.57% 98.66% 91.02% Rate

Percent of Students Proficient or Advanced in 23.5% 89.9% 60.2% 8th grade English

*Data taken from DESE District Report Card # Unequal Access to Advanced Placement Options

In St. Louis In St. Louis In St. Louis County high schools where high schools where high schools, there are there are 36% 9/10 8/10 of students enrolled are Black. Students of Color White Students 1 AP 12% 20+ of students enrolled Course Offered AP Courses Offered in AP classes are Black.

*Source: St. Louis Today: http://www.stltoday.com/news/local/education/african-american-participation-in-elite-ap-classes-lags-at- st/article_15df5ca1-ca3a-503a-895d-0e2c69508290.html # Unequal Access to Advanced Placement Options

*Photo Source: Finding America’s Missing AP and IB Students **Report Link: http://edtrust.org/wp-content/uploads/2013/10/Missing-Students-two-pager.pdf # Unequal Access to Advanced Placement Options

*Photo Source: http://media.collegeboard.com/digitalServices/pdf/ap/rtn/10th-annual/10th-annual-ap-report-to-the-nation-single-page.pdf # Disparities in Gifted Education

Gifted Education • Black and Latino students, free/reduced price lunch participants, English language learners are all historically under referred to gifted programs*

Tracking Students • Minority students are “more likely to be assigned to lower-track, non- academic classes” than their white counterparts.*

* Source: National Association for Gifted Children: https://www.nagc.org/blog/racial-bias-gifted-and-talented-placement-and-what-do-about-it **See also http://news.stlpublicradio.org/post/slow-start-effort-increase-diversity-st-louis-gifted-schools#stream/0 # Disparities in Gifted Education

* Source: Ed Excellence: http://edex.s3-us-west-2.amazonaws.com/publication/pdfs/%2801.31%29%20Is%20There%20a%20Gifted%20Gap%20- %20Gifted%20Education%20in%20High-Poverty%20Schools.pdf

# This is a matter of race, not capability

• “Science has yet to find evidence that there are genetic differences in intelligence between populations. Ultimately, while there certainly are some biological differences between different populations, these differences are few and superficial. The traits that we do share are far more profound.”* • expectations on race prevent enrollment in more rigorous curriculum **

*Source: http://sitn.hms.harvard.edu/flash/2017/science-genetics-reshaping-race-debate-21st-century/ **Source: https://www.americanprogress.org/issues/education-k-12/reports/2014/10/06/96806/the-power-of-the-pygmalion-effect/ # Recommendations

# Empathetic over Punitive Mindset

Positive Outcomes

Cut rising levels of disciplinary Better teacher-student Builds respect within the classroom action in HALF relationships

Learning

Research findings from a May 2016 Study at US Berkley * Source: http://www.pnas.org/content/113/19/5221 # For the Sake of All Recommendations

• Invest in quality early childhood development for all children.

• Help create economic opportunities for low-to-moderate income families

• Invest in coordinated school health programs for all students

• Invest in mental health awareness, screening, treatment, and surveillance

• Invest in quality neighborhoods for all in St. Louis

• Coordinate and expand chronic and infectious disease prevention and management

*Source: https://forthesakeofall.org/wp-content/uploads/2016/06/FSOA_report_2.pdf # Ferguson Commission Recommendations

Improve Enhance Reform Childhood Reform Early Education School- Based Physical & School Childhood Task Force Discipline Mental Accreditation Education Health

# Ferguson-Florissant School District Superintendent’s Transition Team Recommendations

Develop guidance, support and Review and revise code accountability of conduct measures at various levels

# Federal and State Laws Protecting Students’ Rights

Federal State Right to an Education— 167.161 Plyler; Brown; and Yoder

Due Process (Goss v. Lopez) 167.171

Individuals with Disabilities Education Act (IDEA) 167.164

Section 504 of the Rehabilitation Act 160.261

McKinney-Vento Homeless Assistance Act 167.117

# Right to an Education

• Brown v Board of Education – “Today, education is perhaps the most important function of state and local governments. ” 347 U.S. § 493 (1954) – “It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship.” 347 U.S. § 493 (1954) – “it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. ” 347 U.S. § 493 (1954)

• Plyler v. Doe – “Education has a fundamental role in maintaining the fabric of our society” 407 U.S. § 221 (1982)

• Wisconsin v. Yoder – “Education prepares individuals to be self-reliant and self-sufficient participants in society.“ 406 U.S. § 221 (1972)

# Case Law - Procedural Due Process

Goss v. Lopez, 419 U.S. 565 (1975):

• Education is a property interest protected by the Due Process clause • For all out-of-school suspensions, “the student [is] given oral or written notice of the charges against him and, if he denies them, an explanation of the evidence the authorities have and an opportunity to present his side of the story”

# Individuals with Disabilities Education Act of 2004 (IDEA)

• 20 U.S.C. § 1400 • Covers children from birth to age 21 with a qualifying disability • Requires schools to provide a free appropriate public education (“FAPE”) in the least restrictive environment (“LRE”) • FAPE is provided to student through an Individualized Education Program (“IEP”), which is specifically designed instruction to meet the unique needs of the student.

# Section 504 of the Rehabilitation Act of 1973

• 29 U.S.C. § 701 et seq. • Anti-discrimination law • Prohibits discrimination on the basis of a disability (both children and adults) • School context→ Focuses on providing children with a disability access to the same programs and services as non-disabled children • Typical Services/Accommodations with a Section 504 Plan: – Medication Administration—who will administer the medication in school? – Medication storage – Extra time for tests – Extra time to complete assignments or homework – Accommodations for physical education programs

# Children with Disabilities IDEA & Section 504: • Evaluation Process • Right to a free and appropriate public education (FAPE) • Additional due process protections apply for children with disabilities (or suspected disabilities) under IDEA or Section 504 when discipline ▪ Manifestation Determination ▪ Must occur when: ▪ suspend student for more than 10 school days or ▪ short term suspensions of student amount to more than 10 school days in same academic year and there is a pattern of behavior ▪ Two Questions: ▪ Was the behavior student allegedly engaged in related to (or a manifestation of) the student’s disabilities (or suspected disabilities)? ▪ Was the behavior student allegedly engaged in a result of a failure to implement the student’s IEP or Plan? ▪ If behavior student allegedly engaged in related to the student’s disabilities (or suspected disabilities) or due to a failure to implement student IEP or Plan then should return student to school and make any needed changes to IEP or Plan to address alleged behavior or implement plan if failure to implement plan

# McKinney-Vento Homeless Assistance Act 42 USC §§ 11431- 11435

• Establishes the definition of homelessness as an “Individual who lacks a fixed, regular, and adequate nighttime residence” • Guarantees the right for homeless students to enroll and attend school. • Set procedure for school selection, local liaisons, dispute resolution, transportation, statewide and federal activities as well as funding.

# Missouri Constitution

• The education clause of the Missouri Constitution states “[a] general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this state within ages not in excess of [21] years as prescribed by law.” Mo. Const. art. 9, § 1(a). – Committee for Educational Equality v. State (2004) – The introductory clause in section 1(a) concerning the “diffusion of knowledge” outlines the purpose and subject of Missouri's public education system. But, it provides no specific directive or standard for how the State must accomplish a “diffusion of knowledge.” Plaintiffs are attempting to read a separate funding requirement into section 1(a) that would require the legislature to provide “adequate” education funding in excess of the 25-percent requirement contained in section 3(b). Such language does not exist. 294 S.W.3d 477, 488 (2009) – Education is not a fundamental right – Intro clause is “purely aspirational in nature.”

# Missouri Law – Due Process § § 167.161 & 167.171 RSMO Summary of Statutes: • Principal may suspend up to 10 school days (short-term suspension) • Superintendent may suspend for up to 180 school days (long-term suspension) ▪ Right to appeal long-term suspension to Board of Education ▪ Right to stay long-term suspension pending appeal, but superintendent has discretion • Only Board of Education may expel a student ▪ Any suspension that lasts more than 180 school days is a long-term suspension ▪ Often indefinite and essentially expulsion from state ▪ Can seek re-admittance (except for SSA) but Board of Education has discretion ▪ Can challenge expulsion in Circuit Court • If enrolling in new school district while under suspension or expulsion, Superintendent may determine whether to uphold ▪ Determine whether new district would suspend / expel for same conduct

# Missouri Law – Alternative Ed § 167.164 RSMO

Right to Alternative Education: • Suspension and expulsion “shall not relieve the state or the suspended student’s parents or guardians of their responsibilities to educate the student” • Districts encouraged to use other discipline alternatives prior to suspension/expulsion (ex- ISS) • District pays cost of alternative education, but may contract with public or private agencies to provide services • See L.W. v. SLPS court opinions.

# Missouri Law – Safe Schools Act § 160.261 RSMO General Provisions: • Districts must have written discipline policy ▪ Provide written copy to parents and educate staff on specifics • Report “acts of school violence” to district employees with a “need to know” ▪ “Acts of school violence” or “violent behavior” = “exertion of physical force by a student with the intent to do serious physical injury as defined in § 556.061 RSMO” ▪ On school property, on school bus, during school activities • Report certain offenses to law enforcement ▪ Murder, manslaughter, kidnapping, assault, rape, sodomy, burglary, robbery, distribution of drugs, arson, property damage, weapon possession, child molestation, sexual misconduct, sexual abuse, harassment, and stalking • No re-admittance or enrollment for violation of the Safe Schools Act (may get alternative education) • Weapons at school- suspension for no less than 1 year BUT Superintendent has discretion to modify (i.e. reduce) suspension on a case by case basis • This act is not preventative, it is purely punitive • Nationwide 95% of Suspensions are for Non-Violent offenses # Missouri Law – Safe Schools Act § 167.117 RSMO Reporting to Law Enforcement Assault and Drugs: • Report the following crimes that happen against a pupil or school employee on school property, on school bus, during school activities: ▪ Assault in the First Degree ▪ Assault in the Second Degree ▪ Assault in the Third Degree (But Superintendent can make special arrangement w Police Dept. on procedures for this) ▪ Sexual Assault ▪ Deviate Sexual Assault • Report to law enforcement “any controlled substance as defined in § 195.010 or any weapon as defined in subsection 6 of § 160.261 in violation of school policy” • “Any school official responsible for reporting pursuant to this section or § 160.261 who willfully neglects or refuses to perform this duty shall be subject to the penalty established pursuant to section 162.091” • School officials are not attorneys – discretion in interpretation.

# EJP Litigation

• Scott C. v. RGSD & State

• L.W. v. SLPS

• A.H. v. SLPS

# EJP Legal Strategy

Our Approach • Racial Justice Lens: – Race and poverty are inextricably linked. – Children of color are disproportionately excluded from opportunities to access the education system and a quality education as compared to their white peers. • Discipline • Representation in gifted programs • Access to advanced classes

• Community Lawyering: – Process through which advocates contribute their legal knowledge and skills to support initiatives that are identified by the community and enhance the community’s power

# Racial Justice Focus, Litigation Strategy and Legal Claims

# Scott C. v. RGSD & State

The Educational Rights of Students Experiencing Homelessness

Scott C. Miles M. • Fifteen years old black homeless male • Fifteen years old black homeless male • Enrolled in the 10th grade at Riverview • Attended Riverview Gardens High School in Gardens High School as a homeless ninth grade after fleeing domestic abuse student • District’s failure to enroll him immediately • District’s failure to enroll immediately, and provide transportation in the 2017-2018 provide transportation and repeated school year caused him to miss suspensions made him miss approximately eight weeks of school the first approximately 115 out of 180 days in the semester alone and his sister missed most of 2017-2018 school year the year • Has had to move with his mother and • He helps care for his grandma with sister at least three times within Alzheimer’s & his infant nephew when the Riverview district over the last 3 years baby lives with them • Has witnessed multiple instances of gun • He did not have a discipline record and did violence including being shot in the not get into trouble in school prior to mouth while protecting his younger attending Riverview Gardens. He likes nephew school and does really well in Science • Try to funnel him into alternative school • Try to funnel him into alternative school Scott C. v. RGSD & State

Historical Context: • District has been run by the State for 15 of the last 18 years & currently run by State

• 98.4% of students in the Riverview Gardens School District identified as Black in 2017, and communities of color in St. Louis are disproportionately affected by multiple issues, including: • Socioeconomic hardships. 98.8% of students qualify for free & reduced-price lunch. • Housing insecurity. RGSD is home to 5 of the 10 small cities with the highest eviction rates in Missouri. • Violence. RGSD students are routinely exposed to shootings, beatings, robberies, and other violent acts. • Racism. Though African Americans make up just 67% of the population of Ferguson, they accounted for 93% of arrests made from 2012-2014.

Plaintiffs: • Organizations: Metropolitan Congregations United (MCU) & Empower Missouri • Individuals: Melissa C. on behalf of Scott C. & Rio M. on behalf of Miles M.

Co-Counsel: • Public Counsel • Arnold & Porter

Petition filed August 2018 in Western District of Missouri

# Scott C. v. RGSD & State

Four Causes of Action:

• Violation of McKinney-Vento Act: 42 U.S.C. 1983 // 42 U.S.C. 11431

• Violation of Section 504 of the Rehabilitation Act, 29 U.S. C. 794

• Violation of Title II of the Americans with Disabilities Act, 42 U.S.C. 12101, et. seq.

• Violation of 42 U.S.C. 1983—Equal Protection Claim under U.S. Constitution

# Scott C. v. RGSD & State

McKinney-Vento Homeless ADA / 504 Constitutional Claims Assistance Claims

• The act is designed to ensure • Homeless students are • Defendants violated Plaintiffs’ that homelessness does not highly likely to be exposed rights to Equal Protection under constitute a barrier to to trauma, which can cause the law by systemically refusing education serious harm to educational and failing to provide same access • Requires immediate success to a free public school education enrollment, transportation, • Exposure to two or more enjoyed by students and families full participation in all school traumas makes a student who are not homeless. activities, an evaluation of 2.67 times more likely to policies and practices that repeat a grade or be prevent homeless students disengaged from school* from accessing their • School wide trauma- education, and school sensitive practices must be services they need to used to create an succeed (including a trauma environment for students to informed environment) learn

*https://www.childrenshealthfund.org/wp-content/uploads/2017/01/Health-Barriers-to-Learning-Background.pdf Scott C. v. RGSD & State Relief Seeking:

• Properly identifying homeless children • Evidence-based, comprehensive and • Ensuring immediate enrollment of ongoing training, coaching, and homeless students consultation for all staff, re: trauma- • Ceasing practice of unenrolling informed methods students without notice or dispute • Implementation of restorative resolution practices • Providing uninterrupted • Employment of appropriately trained transportation to/from school, counselors including extra-curricular activities. • Whole school change of school • Ceasing practice of funneling culture/climate homeless students to alternative education environments for reasons related to homelessness Scott C. v. RGSD & State—Media Advocacy

Federal suit says Riverview Gardens violates rights of homeless students Editorial: Area schools must do By Robert Patrick St. Louis Post-Dispatch, Aug 13, 2018 better to prevent homeless students from falling through the cracks Lawsuit filed against By the Editorial Board, Aug 25, 2018 When homeless students try to enroll at area schools, too often a door slams in the Riverview their face. In a federal lawsuit, two such students described the obstacles they School District over faced trying to attend school in the Riverview Gardens School District. The lawsuit, recently reported by the Post-Dispatch, paints a troubling picture about the ways education of schools can make homeless students feel shunned and contribute to their failure. homeless children

POSTED 10:41 PM, AUGUST 19, 2018, BY ELLIOTT DAVIS, ST. LOUIS COUNTY, MO - The You Paid For It Team is looking into a lawsuit that's been filed against the Riverview Gardens School District over its treatment of the children of homeless families. L.W. v. SLPS

Facts: 9th Grade Black student, L.W., “transferred” to an inferior Virtual Learning Center as a disciplinary measure (September 2014)

Basic questions: What is a suspension? Is there a right to an alternative education?

Procedures:

Motions to Dismiss: District’s Motion to Dismiss DENIED ▪Issues raised are “merits-based arguments” ▪Claims not moot even though the District has now returned him to school – “classic example” of the “mootness exception” of “capable of repetition yet evading review”.

# L.W. v. SLPS

Motions to Dismiss: District’s Motion to Dismiss DENIED ▪Issues raised are “merits-based arguments” ▪Claims not moot even though the District has now returned him to school – “classic example” of the “mootness exception” of “capable of repetition yet evading review”.

District’s Motion for Summary Judgement: DENIED ▪ “The undisputed facts make clear that [L.W. was] indefinitely ‘physically suspended’ from school.” Defendants unable to show that “the alternative education program was not a long-term suspension subject to statutory due process protections. ▪ The District does not have carte blanche authority to devise any sort of ‘alternative education program’ it wishes.. . alternative education programs should stress . . . :” o Comprehensive approach to prevent need for alternative education svs; o Rigorous instruction in core academic disciplines; o Activities designed to better perform in regular class and transition back o Student centered approach with activities designed to meet needs of individual students; o Collaboration with community based service providers to address student needs beyond those traditionally addressed by schools.

# L.W. v. SLPS

Outcome

• Settlement - May 2018 ▪ $30,000 to the family ▪ Changes to District’s policies and practices relating to transfers to the “home virtual program” ▪ L.W. graduates from high school.

By Jessica Karins For The St. Louis American, March 30, 2018 In a first-of-its-kind decision that could have implications for students across Missouri, a parent represented by the organization Legal Services of Eastern Missouri (LSEM) has reached a settlement with the St. Louis Public School District in a case involving their child missing out on education while suspended from school.

The St. Louis Public School District has agreed to pay $30,000 to settle claims that a student was denied his right to alternative education when he was suspended.

# A.H. v. SLPS Basic question: • Can a school provide the same/similar special education services year after year to a child with disabilities and still provide her with a FAPE?

Facts: • 9th Grade student, A.H.--has diagnoses of schizophrenia, depression, and autism. • Throughout her 9th grade year, she began to regress behaviorally and academically because of improper special education supports in school. •District refused to increase her services—wanted to conduct more testing and said that it did not see how her disabilities were manifesting in school.

Complaint Filed with the Administrative Hearing Commission • LSEM on behalf of parent files case (March 2017) • District tries to moot parent's claims by putting A.H. in a separate, private placement • Hearing moves forward; AHC finds that Parent did not meet her burden of proof.

Appeal filed with the Eastern District of Missouri • LSEM on behalf of parent files case (August 2017)

# Contact Information

If you have any additional questions or are interested in pro bono opportunities, please reach out to us!

Susie Lake, Staff Attorney [email protected] 314-256-8785

You can also call our hotline number and leave a message or email us. We will return your call within 1-2 business days

314-256-8789 [email protected]

# Fairness and Justice for All

314-534-4200 800-444-0514 www.lsem.org

Main Office Family Court Program Hannibal Office Union Office 4232 Forest Park Ave. 105 South Central Ave., Suite 555 801 Broadway 20 South Church St., Suite C St. Louis, MO 63108 Clayton, MO 63105 PO Box 1276 Union, MO 63084 Hannibal, MO 63401