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Discipline in Schools: Moving Beyond Zero Tolerance. Special Focus : Policy Reform and Charter Schools. Charter School Authorization. Section 27A of the Illinois School Code allows for the creation of charter schools. Charter schools are authorized by: Local school districts OR

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Discipline in Schools:

Moving Beyond Zero Tolerance

Special Focus:

Policy Reform and Charter Schools


Charter school authorization
Charter School Authorization

  • Section 27A of the Illinois School Code allows for the creation of charter schools.

  • Charter schools are authorized by:

    • Local school districts OR

    • Illinois Charter School Commission.

  • Charter schools enter into contracts with their authorizer.

  • Illinois State Board of Education (ISBE) reviews and certifies the contracts.


Applicable law
Applicable Law

  • Charter schools are required to follow:

    • Federal and state constitutional law

    • Federal civil rights laws

    • Article 27A of the Illinois School Code (Charter School Law)

    • The Illinois Educational Labor Relations Act

    • Federal and state laws and regulations regarding special education and the instruction of English language learners

    • Certain other state law provisions

    • Their charters

    • Their own codes of conduct and student handbooks

  • Charter schools are exempt from most provisions of the Illinois School Code and state regulations governing public schools and local school board policies


Governing law regarding discipline in charter schools
Governing Law Regarding Discipline in Charter Schools

  • Federal and state constitutional law

  • Federal civil rights laws (Title VI, Title IX, and Section 504)

  • Federal and state disciplinary protections for students with disabilities

  • State law regarding maintenance of discipline in schools but not statutory law regarding suspensions/expulsions and student searches

  • Their charters

  • Their codes of conduct and student handbooks


Quick overview charter schools in illinois
Quick OverviewCharter Schools In Illinois

  • 148 campuses, including 134 in Chicago

  • 63,000 students

  • 90% of charter school students are in Chicago

    • In 2013-14, 23% of high school students and 10% of elementary students attended charter schools

Source: Illinois Network of Charter Schools (INCS)


Charter enrollment growth
Charter Enrollment Growth

Source: INCS analysis of ISBE data


School discipline

School Discipline

Jessica Schneider, Staff Attorney

Educational Equity Project

October 17, 2014




Cps discipline by race 12 13
CPS: Discipline by race (‘12-’13)



Charter demographics
Charter DeMOGRAPHICS


Exclusionary discipline
Exclusionary Discipline

Source: CPS data release and data to EFE. See CPS: Expulsion Rate at Higher at Charter Schools, Chicago Tribune, Feb. 26, 2014, http://articles.chicagotribune.com/2014-02-26/news/ct-chicago-schools-discipline-met-20140226_1_charter-schools-andrew-broy-district-run-schools


Charters that have adopted the cps scc as of september 2014
CHARTERS THAT HAVE ADOPTED THE CPS SCC AS OF SEPTEMBER 2014

  • Prologue JJ

  • AGC

  • ASPIRA

  • Catalyst

  • Frazier Prep

  • Horizon Clay Evans

  • Horizon Chicago Lawn

  • KIPP Chicago

  • Legacy

  • Montessori

  • Namaste

Source: CPS



Charter schools must follow special education laws
Charter Schools Must Follow Special Education Laws

  • A charter school shall be subject to all federal and State laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, marital status, or need for special education services. 105 ILCS 5/27A-4(a)

  • IDEA, Section 504 of the Rehabilitation Act, ADA

  • U.S. Department of Education, Office of Civil Rights “Dear Colleague” Letter of May 14, 2014

    • http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201405-charter.pdf


Special education discipline rules
Special Education Discipline Rules

  • Manifestation Determination Review (MDR) if removed more than 10 days (some exceptions)

  • Exception: 45 school day placement for:

    • 1) Weapon

    • 2) Drugs

    • 3) Serious bodily injury

  • Right to an alternative education: “participate in general education curriculum” and “progress towards meeting goals set out in IEP.”


Enrollment patterns
Enrollment Patterns

Placement during the 2013-14 School Year: Data from Chicago Public Schools


Exclusionary discipline1
Exclusionary Discipline

Source: CPS data release and data to EFE. See CPS: Expulsion Rate at Higher at Charter Schools, Chicago Tribune, Feb. 26, 2014, http://articles.chicagotribune.com/2014-02-26/news/ct-chicago-schools-discipline-met-20140226_1_charter-schools-andrew-broy-district-run-schools


Charter discipline codes
Charter Discipline Codes

EFE analysis of Illinois charter school discipline codes

  • 15 codes outside Chicago (2013-14)

  • 35 codes in Chicago (2014-15, final & draft)


Special education procedures
Special Education Procedures

  • At least 15 of 50 codes had errors in the description of the procedural rights for students with disabilities

  • Chicago Public Schools standard language is spreading in 2014-15.

    Source: EFE analysis of 2013-14 and 20140-15 charter school codes of conduct.


Charter discipline codes1
Charter Discipline Codes

* Draft codes for 2014-15



Chicago public schools code
Chicago Public Schools Code

Increasing adoption of the CPS code of conduct.

  • 2013-14: 8 charters with 11 campuses, ~4,200 students

  • 2014-15: 11 charters with 19 campuses, ~7,400 students

    This year: 5 charters adopted and 2 dropped the CPS code

    CPS code for 2014-15: Prologue, Academy for Global Citizenship, ASPIRA, Catalyst, KIPP, Legacy, TMSE, Namaste, Frazier, Horizon*, Chicago Virtual.


Moving beyond zero tolerance policy reform in charter schools

MOVING BEYOND ZERO TOLERANCE:POLICY REFORM IN CHARTER SCHOOLS

JULIE WATERSTONE

VISITING CLINICAL PROFESSOR

NORTHWESTERN LAW SCHOOL, BLUHM LEGAL CLINIC




Traditional public schools v charter schools california 2010 2011
Traditional Public Schools v. Charter Schools (California 2010-2011)

TRADITIONAL PUBLIC SCHOOLS

Total CA Enrollment = 6,174, 717

Total Expulsion = 18, 445 (.3%)

CHARTER SCHOOLS

Total CA Enrollment = 319,657

Total Expulsion = 374 (.1%)


Expulsion rates across the nation
Expulsion Rates Across the Nation 2010-2011)

Source: Education Week, May 16, 2013


Discipline data lausd
Discipline Data – LAUSD 2010-2011)

Source: Education Week analysis of LAUSD data


Disparity in suspension rates san francisco
Disparity in Suspension Rates 2010-2011)(San Francisco)


Disparity in suspension rates los angeles
Disparity in Suspension Rates 2010-2011)(Los Angeles)


Courts interpretation of due process in charter schools
Courts’ Interpretation of Due Process in Charter Schools 2010-2011)

  • CA Court of Appeals found that dismissal by a charter school does not require the same due process rights as an expulsion

    • Scott B. v. Bd. of Trustees of Orange Cnty. High Sch. of Arts, 217 Cal.App.4th 117 (2013)

  • District Court in Hawaii ruled that a dismissal is not a deprivation of a property interest and does not entitle student to a hearing.

    • Lindsay v. Mayatoshi, 950 F.Supp.2d 1159 (D. Haw. 2013)


Provided in training for charter administrators by counsel
Provided in Training for Charter Administrators by Counsel 2010-2011)

“Charters can and should adopt sensible suspension/expulsion policies that provide appropriate “due process”, but not time-consuming district-like processes”

“some form of confidential “hearing” if parents request it . . . , If hearing not requested, the process is over and you’re done”


More on the training
More on the training… 2010-2011)

Procedures sometimes listed in charter policies, but that are otherwise not required (and we don’t recommend them)

Recorded or “transcribed” hearing

Closed session hearing with board (works for districts but not charters)

Special readmission policy for expelled students

Restricting the charter to Ed Code grounds for expulsion (works for districts but not charters)

Multi-level, complex appeals over 30-day periods or longer

Administrative panel hearings

References to Ed Code 48900

Rehabilitation plans


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