ACLU to Argue in Federal Court on Behalf of a Third Grader with Disabilities who was Handcuffed in School: See Video Below

Editor: The Journal of Educational Controversy published a special issue in the past on the School-to-Prison Pipeline.   We pointed out that this trend to criminalize students rather than educating them has had a disproportionate impact on students of color and students with disabilities and emotional problems.  The American Civil Liberties Union has just filed a federal lawsuit on behalf of two elementary school students with disabilities.  The ACLU has been showing this disturbing video below on one of the students, a third grader, who was handcuffed in school.  Following the video is the ACLU's account of it.

ACLU ACCOUNT OF EVENT ON THE HANDCUFFING OF A CHILD WITH DISABILITIES:

This third grader was shackled and crying out in pain for 15 minutes. He was restrained because of behavior related to attention deficit hyperactivity disorder (ADHD) and a history of trauma.  A member of the school's staff videotaped the incident.

 

Students with disabilities represent 12% of public school students but are 75% of all students subjected to physical restraint at school, according to the U.S. Department of Education.

 

Students of color and students with disabilities are especially vulnerable to push-out trends and the discriminatory application of discipline. One child in this case is Latino, and the other is African-American.

 

Law enforcement in schools must be trained on how to work with children with disabilities and trauma. Learning de-escalation skills should be as common as fire drills for schools and any law enforcement officers who serve them.

Try this Quiz

Our current issue of the Journal of Educational Controversy examines the “school to prison pipeline,” with a special section on Washington State. The ACLU of Washington has just published this quiz under the title, “Why are Washington Schools Pushing so many Students Out.” Test your knowledge and then go to the ACLU website for answers and discussion at http://aclu-wa.org/quiz-back-school You might be surprised at some of the answers. Also, view our video of ACLU attorney, Rose Spidell, who discusses these issues in the journal.

1.Girls in Washington are at risk of being kicked out of school because they are pregnant or parenting.
A. True
B. False

2.Pregnant and parenting students have the right to excused absences:

A. for health care or conditions related to pregnancy and childbirth, and to care for a sick child.
B. only for health care or conditions related to pregnancy and childbirth.
C. if their child care falls through.

3. Approximately how many Washington students are long-term suspended (more than 10 days) or expelled from school each year?

1. 35,000
2. More than 50,000
3. More than 100,000

4. Students who are suspended or expelled are entitled to a minimal degree of educational support while they are out so that they can keep up with their missed school work.

True
False

5. The term "Restorative Discipline" in schools refers to:

A. discipline practice focused on having misbehaving students repair the harm caused by their misconduct.

B. An alternative approach to discipline which seeks to determine the root of a student’s misbehavior so as to prevent similar conduct in the future.

C. A program that dramatically reduces the number of students suspended or expelled each school year.

D. An approach to discipline that reduces absenteeism, drop-out rates, and improves test scores and overall school climate.

E. All of the above.

A Courageous Young Student Fights for his Rights in Court and Wins: Russell Dickerson III Talks to Teachers on What They Need to Know about Bullying

Editor: After enduring years of bullying and harassment during his junior high school and high school years, Russell Dickerson decided to file a lawsuit against the Aberdeen School District in Washington State on the grounds that the “deliberate indifference to ongoing harassment by the school district, which receives federal funds, violated federal law – Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. The district’s negligent inaction also violated the Washington Law against Discrimination.” In our post below, “Washington State ACLU Achieves Settlement for Bullying Victim,” we announced a settlement achieved by the ACLU for $100,000 from the district with an additional $35,000 in legal fees to the ACLU. In its announcement (see below), the ACLU draws a picture of the kind of harassment and bullying that young Dickerson underwent. Dickerson, now 20, explained why he took the action he did. “I learned from my parents that you should never give up. You should fight for your rights – you don’t just walk away,” said Dickerson.



We asked Russell if he would write a personal letter to teachers and prospective teachers on what they need to know about bullying and harassment and what they can do. We hope that his thoughts will be the impetus for the beginning of a serious conversation by educators.

Russell Dickerson’s Open Letter to Teachers on What They Need to Know about Bullying and Harassment

By Russell Dickerson III

In today's classrooms, it's hard not to have disruptions in the educational process. With students of different needs, backgrounds and intellect, teaching (and learning) can be hard with disruptions. There might be an unruly child or two with a hyperactive disorder who acts out during a lesson. You might have experienced (or will experience for those who are student teachers) students' heads pointing downwards toward their lap, texting on their phone during a lesson. Sometimes, you'll have parents who advocate their child—not the teachers or the school system—for better or worse, kind of like “the customer is always right” doctrine. These are quite common distractions. Worse yet, bullying can eclipse these relatively small distractions in the educational process.


What effect does bullying have on victims in relation to their learning process? Students who are bullied will find it really difficult and often treacherous to take in the lessons they need to learn. Why? Quite often, when you've just been bullied, you are no longer focusing on what you should be focusing on. You get worried, or you might be sad, mad, scared or upset. Maybe you might be ashamed. Thus, your self-esteem will collapse, and adding fractions will feel so much more difficult, if not impossible. Let's take a look at a different perspective: Nobody likes to be in a place that they attribute negatively. Repeated bullying can make victims feel unwelcome and isolated. Victims of bullying will dread going to school and may frequently become absent. Everybody knows that chronic absences, no matter the circumstance, are detrimental to the educational process.


What about the bullies, and why do they do what they do? Bullies almost always look for “faults” – i.e. what is unique about a person, but gets erroneously interpreted into a defect. The bully usually feels low self-esteem, and feels that they must enhance it, albeit in a negative way. Sometimes, bullies are actually victims of bullying as well. There's also the fact that some students may come from abusive or abrasive families and continue their behavior at school because they think their behavior is acceptable.


What can be done about bullying? I always get asked that question, and unfortunately, there are no right or wrong answers, and it's utopia to think that bullying can be eliminated. I am not an expert on behavior, and it all depends on the kind of culture the school has, and even then, you will be dealing with different kinds of students who come from different cultures, beliefs, values and other factors.


There are good preventative measures that educators can take, though, such as:

• Taking on a “zero-tolerance” stance. No matter what, no matter who, don't tolerate bully behavior. Stay firm with consequences. Stay consistent. When you speak with a student who bullies, try some strategies to help him or her reconsider their actions. For example, ask, “How would you feel if the tables were turned and this happened to you?” Almost always, they'll rethink their behavior.


• Maintaining vigilance. Watch for behavior changes. Has a student who has participated very well in class discussions suddenly become quiet, or a student who normally does stellar work now starts to struggle? While there may be other circumstances (and it's equally important to see the root of the problem for problems not relating to bullying), there's a chance that student may be bullied and harassed. Vigilance doesn't stop there—watch for bullies as well. Even something as subtle as saying something mildly negative (such as “Your shirt looks funny”) may grow and fester to more aggressive behavior. Watch and act accordingly.


• Speaking up. You all know it's necessary to report serious or constant harassment issues to administration, right? Not only do you tell the heads of the school, the parents of the bully need to know. There's always the assumption that the bully's parents are already aware and won't do anything to correct their child's behavior, but that isn't always true. Unfortunately, there are parents who are indifferent, and although rare, actually find no fault in bully behavior. Be candid. Openly admit that their child has a problem. Offer to be an ally and help to come to a resolution that everyone can agree on.


• Being a condolence. While not a preventative measure, it always helps to make yourself available to a student who happens to be a victim of bullying. Never “showcase” your attention to other students, such as in front of the class, as that can cause more problems. Perhaps ask to see the student during recess or whenever, and reassure the student that you won't allow it to happen. It can be even more reassuring when you mention that you might bring up an anecdote of when you were in a similar situation, so the student doesn't feel alone.

There are certain issues that will never go away, and student bullying happens to be one of them. On the positive side, it can be less of a problem if you are firm, take no tolerance, vigilant and aware.

Washington State ACLU Achieves Settlement for Bullying Victim

The ACLU of Washington State announced today a settlement for a former student who had been bullied throughout his junior high and high school years. Below is the ACLU's official announcement.  Our blog has been following this serious problem in this state and across the nation.

January 26, 2012

Contact: Doug Honig, ACLU-WA

206-624-2184

Former Student Gains Major Settlement after Enduring Years of Harassment

A former student who endured severe and persistent harassment throughout junior high and high school has gained a major settlement from the Aberdeen School District, the ACLU of Washington announced today. The ACLU has represented Russell Dickerson III in a lawsuit saying that school district officials were aware of the harassment but failed to take steps reasonably calculated to end it. Under terms of the settlement, Dickerson will receive $100,000 from the district. Additionally, the ACLU will receive $35,000 in legal fees.


“Public school officials must be held accountable when they fail to meet their responsibility to act decisively when a student is subjected to harassment by his peers. This settlement sends a message to school districts statewide to take strong action as soon as they learn that a student is being bullied,” said Sarah Dunne, ACLU-WA legal director.


“I learned from my parents that you should never give up. You should fight for your rights – you don’t just walk away,” said Dickerson.


Russell Dickerson III, now 20, is an African-American resident of Aberdeen. For six years, from 2003 when he entered junior high until 2009 when he graduated high school, other students harassed Dickerson on the basis of his race, sex, and perceived sexual orientation.

At Miller Junior High, Dickerson was called names by other students and found notes in his backpack and taped to his back calling him “stupid nigger” and “dog.” Students tripped him in the hallways and threw food at him in the cafeteria. In one incident, three students pushed him to the floor in the hallway and smashed a raw egg on his head; only one of the students was disciplined.


At Aberdeen High School, the harassment escalated, with Dickerson subjected to a continuing barrage of viciously derogatory insults about his race, physical appearance, and suspected sexual orientation. Dickerson suffered physical harassment, with other students pinching and fondling his chest, spitting on his head, and throwing objects at him. Although an assistant principal discouraged Dickerson from reporting misconduct by the student’s peers, the student and his parents repeatedly reported incidents of harassment to district administrators, both verbally and in writing. Yet the district failed to take adequate steps to end the harassment.


In 2007 students in the district created a website mocking Dickerson and his perceived sexual orientation, and posted threatening racist comments on it. Students discussed the website at school. Grays Harbor Superior Court issued a no contact order between Dickerson and one of his harassers who had threatened on the website to lynch him, yet Dickerson became the target of retaliatory harassment after reporting the website to school authorities.


The school district’s failure to act created a hostile educational environment for the student. His academic progress was hindered, he was isolated at school, he felt discouraged from using his locker, and he avoided extra-curricular activities that put him in contact with his peers. Further, the student suffered extreme emotional distress, including an inability to concentrate on studies, serious depression, despair, and anxiety.

Filed in December 2010 in U.S. District Court in Tacoma, the lawsuit said that the deliberate indifference to ongoing harassment by the school district, which receives federal funds, violated federal law – Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. The district’s negligent inaction also violated the Washington Law Against Discrimination.

ACLU-WA cooperating attorneys Michael Scott, Joseph Sakay, and Alexander Wu of Hillis Clark Martin & Peterson P.S. and ACLU-WA staff attorneys Sarah Dunne and Rose Spidell represented Dickerson.

Washington Educational Ombudsman to Speak on Bullying and Harassment on Nov. 17

We are providing an opportunity for the community to learn about the problem of bullying and harassment in the schools. Every school district in Washington State is now required to adopt new state model anti-bullying and harassment policies and procedures. We have invited an expert who can provide information and answer questions. Adie Simmons is the Washington State Office of Education Ombudsman Director whose office deals with these issues. If you are in the area, come learn how these new requirements protect students from harassment and how families can get help.



Bullying andTeasing is No Laughing Matter


Thursday, November 17, 6:30 – 8:30pm


Bellingham Public Library Lecture Room, 210 Central Ave, Bellingham, WA

This event is free and open to the public.


Sponsored by the Educational Institute for Democratic Renewal, the Journal of Educational Controversy, and the Whatcom County Chapter of the ACLU - Washington.

ACLU Attorney to Facilitate Workshop on "Civil Rights in Schools 101" at WWU on April 27th.

For those of you in the Washington State area, we invite you to join us at a workshop called, "Civil Rights in Schools 101." It will be facilitated by Linda Mangel, the staff attorney and Equity Director of the American Civil Liberties Union of Washington. See information below.



Civil Rights in Schools 101 Workshop


Facilitated by Linda Mangel, Staff Attorney and Equity Director, ACLU-WA


• Date: Wednesday, April 27, 2011

• Time: 5:30 -7:30 pm

• Place: Center for Education, Equity and Diversity (CEED), Miller Hall 005, Woodring College of Education, Western Washington University, Bellingham, Washington


Possible Topics covered:

Bullying and Harassment
Rights of pregnant students
Free Speech Rights
Discipline
Truancy
Achievement Gap
Disparate discipline
Athletics
Cyberbullying
Cell phone searches

Sponsored by the Journal of Educational Controversy and the Center for Education, Equity and Diversity at the Woodring College of Education at Western Washington University, and co-sponsored by the Whatcom County Chapter of the American Civil Liberties Union of Washington.

Student Sues School District after Enduring Years of Harassment

The problems of bullying, harassment, and the "school to prison pipeline" are some of the tragic incidents that plague our young people and our public school system. We have approached this issue several times in this blog and are planning to have an entire issue of the journal devoted to it. Below is an account from the ACLU of some litigation that it is taking on behalf of a student here in Washington State who has endured six years of harassment all during his middle and high school years.


Student Sues School District after Enduring Years of Harassment

ACLU Suit Says Aberdeen Failed to Take Steps Needed to End Severe Harassment


A student who endured severe and persistent harassment throughout junior high and high school is suing the Aberdeen School District, the ACLU of Washington announced today. The suit says that school district officials were aware of the harassment but failed to take steps reasonably calculated to end it. The ACLU of Washington is representing the student in the suit, which was filed today in U.S. District Court in Tacoma.

The school district’s failure to act created a hostile educational environment for the student. His academic progress was hindered, he was isolated at school, he felt discouraged from using his locker, and he avoided extra-curricular activities that put him in contact with his peers. Further, the student suffered extreme emotional distress and psychological damage, including an inability to concentrate on studies, serious depression, despair, and anxiety. He was diagnosed with post-traumatic stress disorder (PTSD).

“Public school officials must be held accountable when they fail to meet their responsibility to act decisively when a student is subjected to harassment by his peers. We hope that in the future other students will not have to endure what this young man faced,” said Sarah Dunne, legal director for the ACLU of Washington.

Russell Dickerson III, now 19, is an African-American resident of Aberdeen. For six years, from 2003 when he entered junior high until 2009 when he graduated high school, Dickerson was harassed by other students on the basis of his race, sex, and perceived sexual orientation.

As a student at Miller Junior High, Dickerson was called names by other students and found notes in his backpack and taped to his back calling him “stupid nigger” and “dog.” He found notes in his locker and in his school binder with viciously derogatory insults. Students tripped him in the hallways and threw food at him in the cafeteria. In one incident, three students pushed him to the floor in the hallway and smashed a raw egg on his head; only one of the students was disciplined.

The student and his parents reported the harassment to school administrators. The district Superintendent was aware of the harassment yet took no steps reasonably aimed at ending it. But an assistant principal recommended that the student consider changing his style of dress to avoid further harassment. Only after his father went to the school board did the district initiate a formal investigation of the ongoing harassment. A school insurance professional hired by the district to investigate concluded that Dickerson had been harassed but recommended no adjustments to the district’s anti-harassment policies or its implementation of them.

At Aberdeen High School, the harassment escalated, with Dickerson subjected to derogatory names including “nigger,” “nappy ho,” and “faggot.” Because he did not fit gender stereotypes for a young man and was perceived by other students to be gay, he endured derisive comments about his physical appearance and suspected sexual orientation. Dickerson suffered physical harassment, with other students pinching and fondling his chest, spitting on his head, and throwing objects at him.

In 2007 students in the district created a website mocking Dickerson and his perceived sexual orientation, and posted threatening racist comments on it. Students discussed the website at school. The district did nothing to prevent or mitigate the continuing harassment on school grounds, even after being put on notice that Grays Harbor Superior Court had issued a no contact order between Dickerson and one of his harassers who had threatened on the website to lynch him. Rather, Dickerson became the target of retaliatory harassment after reporting the website to school authorities.

In his first year in high school, an assistant principal discouraged Dickerson from reporting misconduct by the student’s peers. Nevertheless, the student and his parents repeatedly reported incidents of harassment to district administrators, both verbally and in writing. The district failed to take other steps reasonably designed to end the persistent harassment.

The lawsuit says that the deliberate indifference to ongoing harassment by Aberdeen School District, which receives federal funds, violated federal law –

Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. The district’s inaction also violated the Washington Law Against Discrimination’s protections against discrimination on the basis of race, sex, and perceived sexual orientation.

The lawsuit is seeking monetary damages to cover costs of counseling for Russell and post-secondary or vocational schooling.

Representing Dickerson are ACLU-WA cooperating attorneys Michael Scott, Joseph Sakay, and Alexander Wu of Hillis Clark Martin & Peterson P.S. and ACLU of Washington staff attorneys Sarah Dunne and Rose Spidell.


See also:

KUOW News
KUOW Puget Sound Public Radio. A service of the University of Washington

Huffington Post

American Civil Liberties Union of Washington


ACLU Related Links
•Read Russell Dickerson’s statement
•Read Russell Dickerson's father’s statement
•Read the Legal Complaint
•Watch the press conference
•Hear what Dan Savage says about the suit

New YouTube Clip Now Online! "School to Prison Pipeline"

In the excerpt below, ACLU staff attorney Rose Spidell discusses "The School to Prison Pipeline." This term describes a disturbing national trend in which school policies and practices are increasingly pushing students out of the public school and into the juvenile justice system. It refers to the current trend of criminalizing our students rather than educating them and the disproportionate effect it has on different student populations, especially, students of color. Spidell also describes some case studies out of Washington state. The excerpt is taken from the 2009 Annual Educational Law and Social Justice Forum held at Western Washington University on April 29th. The forum is an annual event sponsored by the Journal of Educational Controversy. Readers can view the entire forum on our journal's website.



View the full video of the forum here: http://www.wce.wwu.edu/Resources/CEP/eJournal/Forums.shtml

To learn more about "The School to Prison Pipeline," visit the ACLU's website here: http://www.aclu.org/racial-justice/school-prison-pipeline-talking-points

Friday is the 20th Anniversary of the Convention on the Rights of the Child: When will the U.S. Sign On?

In our first issue of the journal, Nadine Strossen, the former president of the American Civil Liberties Union shared the following concern with our readers in her article, ” Keeping The Constitution Inside The Schoolhouse Gate--Students' Rights Thirty Years After Tinker V. Des Moines Independent Community School District.”
She wrote:

“Most importantly, the United Nations Convention on the Rights of the Child,[7] which the United Nations General Assembly adopted unanimously in 1989, broke all records as both the most rapidly ratified and the most widely ratified human rights treaty in history.[8] Out of all 193 nation-states in the world, only two have not ratified this convention.[9] It recognizes broad rights for minors….
“Alas, though, of the two countries in the entire world that have not ratified this convention, one is our very own United States.[11] The only other country that is our companion in this tiny category of non-ratifiers is Somalia.[12] And that is only because Somalia does not have an internationally recognized government, so it is literally unable to ratify-an excuse that is not available to the United States![13] The United States Government's refusal to ratify this international convention protecting minors' and students' rights in part reflects our country's longstanding general isolationism concerning international law.[14] But it also reflects the recent subversion of young people's dignity and rights throughout our domestic political and legal systems.[15]”

This Friday, November 20th, will mark the 20th anniversary of the Convention on the Rights of the Child. The United States has still not ratified this treaty in which the world community recognized the universal human rights and protection needs of children. During his presidential campaign, President Obama recognized the need to review our treaties in order to ensure that the United States resumes its role of global leadership in human rights. This Friday, on its 20th anniversary, would be a good day for the Senate to finally ratify the treaty. (It had been signed by President Clinton in 1995 but never ratified by the Senate)

For more information on the Convention on the Rights of the Child , go to Unicef website.

Understanding the Convention on the Rights of the Child

Supreme Court Decides Student Strip Search Case

The U.S. Supreme Court decision on the student strip search case was announced today. The ACLU , who represented April Redding, the mother of the Arizona student, Savana Redding, calls it the first victory for student rights in the last twenty years. The High Court ruled that the search that took place when honors student Savana was 13 years old was an unconstitutional violation of her rights. The search was done by school officials on the basis of an uncollaborated accusation by another student that Savanna had ibuprofen in her prosession. Now nineteen years old, Savanna wrote about her experience and her court victory on the ACLU blog today.

Read Savana's own words about her court victory from the ACLU blog:


Civics 101
by Savana Redding

"People of all ages expect to have the right to privacy in their homes, belongings, and most importantly, their persons. But for far too long, students have been losing these rights the moment they step foot onto public school property -- a lesson I learned firsthand when I was strip-searched by school officials just because another student who was in trouble pointed the finger at me. I do not believe that school officials should be allowed to strip-search kids in school, ever. And though the U.S. Supreme Court did not go quite so far, it did rule that my constitutional rights were violated when I was strip-searched based on nothing more than a classmate's uncorroborated accusation that I had given her ibuprofen. I'm happy for the decision and hope it helps make sure that no other kids will have to experience what I went through.

"Strip searches are a traumatic intrusion of privacy. Forcing children to remove their clothes for bodily inspection is not a tool that school officials should have at their disposal. Yet, until today, the law was apparently unclear, potentially allowing for the most invasive of searches based on the least of suspicions. Every day, parents caution their children about the importance of not talking to strangers, looking both ways before crossing the street, and following directions at school. But I imagine they never think to warn them that a school official, acting on a hunch, may force them to take their clothes off in the name of safety. And now, thankfully, they won't have to.

"Our fundamental rights are only as strong as the next generation believes them to be, and I am humbled to have had a part in preserving and promoting the Fourth Amendment to the Bill of Rights."

Readers can read the U.S. Supreme Court decision here.

Editor: The journal recently published some articles on another student rights case, Morse v. Frederick, decided by the U.S Supreme Court in 2007. Readers can read two articles on the case in our Winter 2008 issue on "Schooling as if Democracy Matters."

Visions of Public Education In Morse v. Frederick by Aaron H. Caplan

"Bong Hits 4 Jesus”: Have students’ First Amendment rights to free speech been changed after Morse v. Frederick? by Nathan M. Roberts

(Cross-posted on the Social Issues Blog)

What was the "Bong Hits 4 Jesus" case all about?

We have posted our second teaser interview from our "Talking With the Authors" series on YouTube.

In it, ACLU staff attorney Aaron Caplan discusses the Morse v Frederick case, in which a student in Alaska held up a banner titled "Bong Hits 4 Jesus" during the 2002 Olympic Torch Relay, and was subsequently suspended for 10 days.

Frederick, who argued that his right to free speech had been violated, took his case to the U.S. Supreme Court, which ruled against him in 2007.


Go to the video on YouTube.

Caplan's original article, "Visions of Public Education in Morse v. Frederick," first appeared in our Winter 2008 issue, "Schooling as if Democracy Matters."

To view Caplan's full interview, visit: http://www.wce.wwu.edu/Resources/CEP/eJournal/AuthorsTalk.shtml