Posts Tagged ‘school discipline’

Destructive rights of student inclusion

If you have wondered how the Parkland killer could have asserted a legal right to be “mainstreamed” into Marjory Stoneman Douglas High School despite a long history of violent tendencies, this investigation by the local newspaper may provide your answer.

In an eight-month investigation, the South Florida Sun Sentinel found that a sweeping push for “inclusion” enables unstable children to attend regular classes even though school districts severely lack the support staff to manage them. … Even threatening to shoot classmates is not a lawful reason to expel the child….

“It’s just a no-win scenario right now,” said attorney Julie Weatherly, of Mobile, Alabama, who advises school districts on the legal complexities of removing aggressive students when they have a disability. “Nobody wants a Parkland, of course. It’s this huge nightmare.”

Aside from IDEA, the federal disabled-rights-in-school laws, and its sometimes even more stringent state counterparts, federal education privacy laws are involved as well. A Broward County teacher chose to break the rules after an elementary student “obsessed” over a girl, tormented her if she withheld attention, and on being removed from the classroom one day cried and screamed her name while throwing himself against a door:

The girl’s mother had no idea her daughter was being terrorized. Because of the student’s federally protected privacy rights, Budrewicz’s bosses cautioned her not to tell the mother — a warning she ultimately defied. The mom cried and thanked her and removed her daughter from the class the next day, she said.

[Brittany Wallman and Megan O’Matz, South Florida Sun-Sentinel; earlier here and here]

Schools roundup

  • “Sen. Kamala Harris introduces bill to lengthen school day by three hours” [Yelena Dzhanova, CNBC]
  • “The Hidden Costs of Chicago’s Teacher Strike” [John McGinnis, Liberty and Law]
  • “The logic behind school busing is back. And so is flight from government-operated schools.” [Matt Welch, Reason, mentioning new report on controlled choice by David Armor for the Cato Institute Center for Educational Freedom]
  • Ambition of suppressing or even banning private schooling [earlier] by no means confined to the UK’s loony-Left Labour Party, so be ready for it [Ira Stoll, Education Next]
  • “The Seattle school district is planning to infuse all K-12 math classes with ethnic-studies questions that encourage students to explore how math has been ‘appropriated’ by Western culture and used in systems of power and oppression” [Catherine Gewertz, Education Week; “framework” via Amir Sariaslan on Twitter]
  • “Threatening Teachers’ Ability to Control Their Classrooms: The U.S. Commission on Civil Rights gets it wrong on school discipline.” [Gail Heriot] Survey finds significant rise in number of teachers attacked by students [Hans Bader; earlier here, etc.]

Schools and childhood roundup

  • “It also highlights the shortcomings of federal education [privacy] laws that protect even admitted killers like [the Parkland, Florida school gunman] who are no longer students.” [Brittany Wallman, Megan O’Matz and Paula McMahon, South Florida Sun Sentinel]
  • Germany forbids homeschooling and the European Court of Human Rights has just upheld the removal of four children from their parents’ home over the issue [BBC] Is there a constitutional right to homeschool in the U.S.? [Eugene Volokh]
  • By contrast, claims of a federal constitutional right to education tend to amount to a contemplated way for courts to order spending hikes for public schools, as many already do under state constitutions, a bandwagon the U.S. Supreme Court declined to join in San Antonio v. Rodriguez [Alia Wong, The Atlantic on Rhode Island suit]
  • Read and marvel at a waiver and indemnity form for letting an 8 year old walk home a block by herself [Let Grow] “Nine-Year-Old Boy Leads The Way As Colorado Town Legalizes Snowball Fights” [Bill Galluccio, iHeartRadio]
  • Texas school district settles case of student expelled for not standing during Pledge of Allegiance [Massarah Mikati and Gabrielle Banks, Houston Chronicle via Sarah McLaughlin and Popehat (“Alternative headline: Expensive, Uncertain, Stressful Federal Lawsuit Required To Force Texas School To Acknowledge Right Unequivocally Established By Supreme Court In 1943; Taxpayers To Pay Costs Of Lawsuit; Lawless Administrator Will Face No Consequences”)]
  • Latest leave-kid-in-car-for-a-few-minutes horror: mom arrested, charged with contributing to delinquency of minor (to whom nothing had happened) [Lenore Skenazy]
  • “The Trump administration got it right on school-discipline policy” [Hans Bader letter, Washington Post]

Schools and childhood roundup

Schools roundup

  • Even as Washington, D.C. saddles child-care providers with new degree requirement, it leaves unenforced some of its certification rules for public school teachers [David Boaz, earlier here, etc.]
  • Mayor de Blasio plans to overhaul admission to NYC’s elite high schools. Watch out [Lisa Schiffren, New York Post]
  • On the Banks of Plumb Crazy: American Library Association removes Laura Ingalls Wilder’s name from children’s-book award [AP/The Guardian]
  • Max Eden investigation of death at a NYC school [The 74 Million] Eden and Seth Barron podcast on school shootings and discipline policy [City Journal]
  • “The Transgender Bathroom Wars Continue in State Court” [Gail Heriot]
  • Oklahoma, West Virginia, Arizona and on: are teacher uprisings justified? [Neal McCluskey and Caleb Brown]

Schools roundup

  • Thread on Broward County, Fla. discipline policies and blame-shifting after Marjory Stoneman Douglas school shooting [Max Eden on Twitter]
  • Nothing wrong with Kansas making clear that school finance is province of elected legislature, not courts [Gavel to Gavel] Study finds that successful school finance lawsuits do redistribute funds, even after public agencies adjust [Zachary Liscow via Caron/TaxProf]
  • “Why the Federal Government Can’t Mandate an Ideal School Suspension Rate” [Robby Soave, Reason] “School Discipline: Don’t Make a Federal Case Out of It” [Gail Heriot]
  • Teacher strikes might have begun backfiring [Jessica R. Towhey, Inside Sources] Are teachers underpaid as a group? [Andrew G. Biggs and Jason Richwine, City Journal] Opponents of school choice embrace a logic that might lead to overturning the landmark liberty case Pierce v. Society of Sisters [Caleb Brown, Kentucky]
  • Judge dismisses remaining “clock boy” claims against Texas school district [Elvia Limón, Dallas News, earlier here and here]
  • Kent, Wash.: “Parents sue school district after son killed in car-surfing accident” [Amy Clancy, KIRO]

School discipline roundup

Florida shooter had been chronic disciplinary problem. “Could school system have done more?”

Amid horrendous misbehavior attributed to his emotional and behavioral disabilities, the future shooter was shuttled among various Broward County schools, including an episode being “mainstreamed” at Marjory Stoneman Douglas HS, scene of his later atrocity. Under the U.S. Rehabilitation Act of 1973, which has been intensively litigated over the years, “school districts are required to provide kids with physical, emotional or intellectual disabilities a free education in the ‘least restrictive’ setting, and to accommodate the needs of such students.” [Carol Marbin Miller and Kyra Gurney, Miami Herald] He “was well-known to school and mental health authorities and was entrenched in the process for getting students help rather than referring them to law enforcement….Beginning in 2013, Broward stopped referring students to police for about a dozen infractions ranging from alcohol and drug use to bullying, harassment and assault,” under influence of national campaign against “school-to-prison pipeline.” [Tim Craig, Emma Brown, Sarah Larimer and Moriah Balingit, Washington Post]

Schools roundup