SPLC Education Advocacy

SPLC BrochureSchool to Prison Pipeline Project, Southern Poverty Law Center

www.splcenter.org (information from this section was obtained on the SPLC site)

The Southern Poverty Law Center reports that 70% of children in the juvenile justice system have some type of educational disability – the vast majority have an emotional disturbance and are children with specified learning disabilities. The Southern Poverty Law Center, the Southern Disability Law Center and the Juvenile Justice Project of Louisiana have developed the School to Prison Pipeline Project to “Stop the Schoolhouse to Jailhouse Pipeline by Enforcing Federal Special Education Law”. They are active in multiple school districts across Louisiana and coordinate the School to Prison Reform Coalition, in which LJC participates and encourages public defender participation. More information is also available on the “Schools First Project” at www.jjpl.org

 

Calcasieu Parish:

At the Calcasieu Parish Public School System in Louisiana, students with disabilities or emotional disturbances found themselves pushed out of the classroom by a school system that arbitrarily shortened their school day and removed students from class with little reason. When many of these students were in school, they did not receive the services they deserve under federal law.
The Southern Poverty Law Center and the Southern Disability Law Center filed a class administrative complaint against the school system on Sept. 21, 2007 representing about 700 students.

A negotiated settlement was reached in October 2007. This settlement helps ensure that these students get the services they need while also opening the door for some of these students to attend regular classrooms. A national consultant will work with the school district on various aspects of the agreement. Community groups will monitor the schools for compliance with certain provisions.
Highlights of the agreement include:

  • The district will revise its discipline policies and prohibit “cool off” days and other practices that remove these students from class without any documentation. Shortened school days will be prohibited for all students with disabilities unless a student’s individual educational plan requires it.
  • A plan to reduce the number of suspensions and expulsions of these students will be developed by the district and a national consultant. The district will develop a computerized record system to document the number of disciplinary referrals, removals and arrests of students with disabilities across the district.
  • Remedial reading and math classes will be provided for these students who are determined to be more than two years behind his or her chronological grade level in these subjects. A plan will be developed by the district and the national consultant to ensure students who are 16 years of age or older receive appropriate transition services, such as vocational education.
    The school district and a national consultant will develop a plan to reduce the disproportionate number of black students with disabilities removed from regular classrooms and taught in a segregated environment.
  • A national expert will implement Positive Behavioral Interventions and Supports (PBIS) across the district. This program rewards and encourages positive behavior.

The Calcasieu Complaint can be viewed at:
http://www.splcenter.org/pdf/dynamic/legal/calcasieu_complaint.pdf

The Calcasieu Settlement can be viewed at:
http://www.splcenter.org/pdf/dynamic/legal/calcasieu101107.pdf
 

Caddo Parish:

In December 2006, the Southern Poverty Law Center joined with the Southern Disability Law Center, the Juvenile Justice Project of Louisiana, and the private firm of Walker & Lyons in filing a class administrative complaint against the Caddo Parish School District. The complaint was filed on behalf of all special education students who manifest behavioral issues and are subject to repeated disciplinary removals from school (including suspensions and placement in alternative schools).

The complaint demands that the school district do the following:

  • Hire a nationally recognized expert in Positive Behavioral Interventions and Supports (PBIS) to help the district develop and implement school-wide PBIS, develop behavior intervention plans, develop functional behavioral assessments, and conduct manifestation determination reviews
  • Strictly comply with IDEA's (Individuals with Disabilities Education Act) discipline requirements
  • Develop strategies for reducing the number of suspensions of students with disabilities
  • Reduce the number of emotionally disturbed children in self-contained classrooms
  • Place certified special education teachers in self-contained classrooms and alternative schools
  • Provide IEP (Individualized Education Program) services at all alternative schools
  • Significantly increase the amount and duration of social work, counseling, and psychological services
  • Implement reading and math remediation programs at all elementary schools with emotionally disturbed children

A settlement was reached in March 2008.

The Caddo Parish Administrative Complaint can be viewed at:
http://www.splcenter.org/pdf/dynamic/legal/caddocomplaint121306.pdf

The Caddo Parish Settlement, can be viewed at:
http://www.splcenter.org/pdf/dynamic/legal/caddo_settlement.pdf

 

East Baton Rouge Parish:

In 2006, an administrative complaint on behalf of approximately 300 students was filed against the East Baton Rouge Parish School District by the Southern Poverty Law Center, the Southern Disability Law Center and the Juvenile Justice Project of Louisiana. The complaint against the East Baton Rouge Public School System, Louisiana's second largest school district, was part of the Center's campaign to reform the state's special-education programs. The complaint was settled in September 2006.

East Baton Rouge officials agreed to a number of significant improvements, including the hiring of a nationally recognized expert on “Positive Behavior Intervention and Support" (PBIS). The expert, who must be approved by the Center and will be retained for about two years, will develop and implement PBIS training programs for all 23 schools where there are emotionally disturbed (ED) students. Training will be provided to all staffers at the schools, including the bus drivers who transport the students. PBIS training is intended to enhance the skills of all employees at these schools and thereby dramatically reduce the number of suspensions and expulsions of students with and without disabilities. The PBIS expert and the school system will work together to develop and implement strategies for reducing the number of long-term suspensions and expulsions of ED students. They will also work to increase ED students' placement in regular classrooms. East Baton Rouge will assess all ED students this year and, beginning next school year, will provide access to intensive reading and math remediation to those who are at least two grades behind. The agreement also ensures that ED students get proper educational services, required by federal law, even after suspension, and it provides for development of a procedural handbook that explains disciplinary protections due to students with disabilities. East Baton Rouge will also provide significant levels of compensatory education, such as one-on-one tutoring for each of the three individual class representatives who brought the administrative complaint.

The Baton Rouge Mediation Agreement can be viewed at:
http://www.splcenter.org/images/dynamic/main/East_Baton_Rouge_Mediation_Agreement.pdf

Jefferson Parish:

In August 2005, the Southern Poverty Law Center, along with attorneys from the Southern Disability Law Center and the Juvenile Justice Project of Louisiana, obtained a class-wide settlement agreement affecting all special education students with Emotional Disturbance in Jefferson Parish.

The agreement, benefiting as many as 1,000 children, requires major systemic changes including:

  • Improvements in the education provided to those with emotional disturbances,
  • Reform of the parish's overly harsh disciplinary procedures,
  • Counseling for emotionally disturbed children,
  • The provision of job training and other services to help high school students transition into jobs upon graduation.

The Jefferson Parish Due Process Complaint can be viewed at:
http://www.splcenter.org/pdf/dynamic/legal/SEA_Due_Process_Complaint.pdf

The Jefferson Parish Mediated Settlement Agreement can be viewed at:
http://www.splcenter.org/pdf/dynamic/legal/Mediated%20Settlement%20Agreement.pdf

The Jefferson Parish Public School System Corrective Action Plan can be viewed at:
http://www.splcenter.org/pdf/dynamic/legal/CorrectiveActionPlan.pdf