Our Rights, Our Future

Federal Ruling Allows Agencies to Investigate Child Abuse

Every so often,  we at NCRCR like to take a break from troublesome legal trends to celebrate the ways in which the courts help to protect our rights.  One such victory was recently handed down by an appeals court on the west coast, in Disability Law Center of Alaska v. Anchorage School District.

The case involved an elementary school class of children with intensive special needs in Anchorage, Alaska. According to case attorney Holly Johanknecht, the class of less than ten students was rumored to be very poorly supervised. There were even allegations that the conditions in the classroom left some students vulnerable to physical abuse. A disability rights organization known as the Disability Law Center of Alaska got wind of the situation and sought to investigate in order to protect the children. The organization filed a lawsuit to gain access to student records, including contact information for the students’ parents. The suit was filed under the federal Developmental Disabilities Assistance and Bill of Rights Act, which gives agencies, like the Disability Law Center of Alaska, the authority to investigate incidents of abuse and neglect of individuals with developmental disabilities.

In the first ruling on the case, the district court found that another piece of federal legislation, the Family Educational Rights and Privacy Act (FERPA) prevented the school district from releasing the records. On appeal, however, the court held that the Developmental Disabilities Act provides an exception to FERPA. Judge Jerome Farris wrote in the decision:

"The agencies stated that 'if a school or other facility could refuse to provide the name and contact information, it could interfere substantially with investigation of abuse or neglect, thereby thwarting Congress' intent that act to protect vulnerable populations from abuse or neglect.’”

The appeals court did mandate that the Disability Law Center is required to maintain the confidentiality of any student records it receives. Yet through this ruling, the court ruled in favor of protecting the rights of a group of young children very much unable to defend themselves, establishing valuable legal precedent in the process. The Disability Law Center of Alaska and its investigators are currently working to ensure the safety of the children affected.

Is the Supreme Court Undoing Local Efforts to Reduce Racial Isolation in Public Education?

The progress resulting from Brown v. Board of Education is slowly being undone as public schools are seeing an increase in racial isolation. Almost 40% of black and latino students attend intensely segregated schools whereas only 1% of white students attend segregated schools. The progress made post Brown is in reverse. In 2003, more black students attended segregated schools than in 1988, as schools are become increasingly segregated.

Supreme Court Affirms Parent’s Right to Reimbursement For Private Special Education When Services Are Not Available in the Public Schools

We received a great press release yesterday on an important Supreme Court ruling on disability rights in our school system.  While the rollback of our civil rights is a real and terrifying thing, it's just as important to celebrate the victories that help preserve our freedoms and well-being.

For Immediate Release: Wednesday, October 10, 2007

Contact: Jaclyn Okin Barney, New York Lawyers for the Public Interest: 212.244.4664, jokin@nylpi.org; Linda Gross, Marsha Gordon, LCG Communications:  718.853.5568, linda@lcgcommunications.com, marshag@lcgcommunications.com 

 

BREAKING TODAY: Supreme Court Affirms Parent’s Right to Reimbursement For Private Special Education When Services Are Not Available in the Public Schools; Advocates Applaud Court Ruling In Favor of Educational Opportunities for Children with Disabilities

Today, the United States Supreme Court affirmed the right of parents of children with disabilities to recover the costs of their children’s education when the public school system fails to offer an appropriate educational program. In NYC Department of Education v. Tom F, the court evenly split, leaving undisturbed a lower court determination that Tom F. was entitled to reimbursement for his private school placement. Justice Kennedy took no part in the decision. The case raised the question whether, under the Individuals with Disabilities Education Act (IDEA), a parent can obtain reimbursement for tuition costs at a private school, when the parent unilaterally decides to place the child in private school, based on his/her conclusion that the public school offers no appropriate options.

Jaclyn Okin Barney, a special education attorney at New York Lawyers for the Public Interest (NYLPI), which filed an amicus brief supporting the parents. “This is a victory for parents of students with disabilities across the country. Parents might otherwise be unwilling and unable to risk the financial burden of placing their children in private schools, even when it is obvious that the public school system cannot offer appropriate services,” says

“We are pleased that the Supreme Court did not accept the argument put forward by the New York City Department of Education that a parent is not entitled to reimbursement unless the child had previously received special education and related services under the authority of the public agency,” said attorney Paul Gardephe, partner at the law firm of Patterson, Belknap, Webb & Tyler LLP, who argued the case for the parents. “Congress never intended the IDEA to limit the ability of parents to obtain reimbursement by first requiring attendance at an inappropriate program. To conclude otherwise would lead to completely absurd results,” Gardephe continued.

"Most important, had the Supreme Court ruled in favor of the DOE, children would be forced to be placed in settings that are potentially harmful to their development just so it can be said that they previously received special education services from the public education system,” said Ron Hager, Senior Staff Attorney at the National Disability Rights Network (NDRN), which joined NYLPI on their amicus brief. He continued, “This could have the most profound affect on those with the most significant disabilities who need the services at the earliest stages of their development.  In the argument before the Supreme Court, Supreme Court Justice Alito stated that requiring children to be placed in some sort of short term inappropriate placement in the public school would make ‘no sense whatsoever’.” 

Okin Barney said, “We see too many children with special educational needs entering the special education system in Kindergarten or later, and confronting a program that cannot meet his/her needs. The public school system does not always have the appropriate therapies or the capacity to address the social and behavioral needs of children with particular emotional issues.”

Tom F. is represented by attorneys from Patterson, Belknap, Webb & Tyler LLP and was assisted by New York Lawyers for the Public Interest (NYPLI). NYLPI and NDRN’s amicus brief was submitted by Morrison & Foerster LLP.

 ***

Founded in 1976, New York Lawyers for the Public Interest is a nonprofit, civil rights law firm that strives for social justice. In partnership with member law firms, corporate law departments and other organizations, NYLPI helps underrepresented people develop legal strategies to serve their vision for themselves and their communities. To find out more about NYLPI please call (212) 244-4664 or visit the NYLPI  website at  www.nylpi.org . 

Courts Can Change

Sometimes I wonder about what goes on in the mind of Supreme Court Justices. What really impacts their ruling? Does the society in which we live in shape their decisions or do their decisions shape society? I got the chance to play the role of a Supreme Court Justice in a mock trial today. I am currently attending an academic summer camp for high school students at the University of California, San Diego. I am taking a course called "Law, Politics, and the Supreme Court."

At first, I thought I was just going to be sitting in a classroom listening to lectures and learning a list of law jargon. But, I was wrong. When I stepped into the classroom, I realized I was in for a different experience. For the past couple of days, our class has been doing our own trials on previous Supreme Court cases. We get briefings and play the role of advocates, oracles, and justices. When I was playing the role of a Supreme Court Justice during our mock trial, I felt a sense of power.

When the trial was over, I had to make my decision on the case. Before announcing my verdict, I realized something. Supreme Court Justices are normal people. Their views on issues can change. They are never set in stone. Just because a court makes a ruling, it does not necessarily mean that society will stay that way forever. I came to realize the power of persuasion and remembered Ralph Waldo Emerson’s quote, "Speech is power: speech is to persuade, to convert, to compel." Things can change, and it is up to the people to speak out. The recent Supreme Court rulings clearly rolled back the civil rights that our country took many years to earn.

When I played the role of an advocate during the next mock trial in class, I was able to persuade my fellow classmates to change their view on an issue.

The recent Supreme Court ruling took a step backward for civil rights, but it can still take many steps forward in the future.

Posted by Jody Leung, high school student

Kapow! Supreme Court strikes again.

Even though our society is becoming more diverse, the Supreme Court has rolled back the opportunities for children to attend schools that reflect the world in which they live. In two key cases today, it ruled against local efforts to reduce racial isolation in public schools.

Although this is bad for those districts -- and possibly others trying to overcome segregated schools -- we are at least relieved because it could have been worse. A (thin) majority of judges (only five of nine) still believe diversity is important.

We hear there are still some things left that schools can do, but we can't seem the shake the queasy feeling in our stomachs.

Tell us what you thinking by clicking on "comments," below.

Nation's highest court still hasn't decided what to do about voluntary integration

Our country's Supreme Court didn't decide a couple of key cases today, leaving those of us who care about diversity in our schools hanging on tenderhooks. You can read about these schools cases here, here, and here.

So, should parents, communities and local school districts have the right to determine whether their communities reflect our "nation's vibrant diversity"? Tell us what you think by posting a comment.

Hey kids! You can make a difference!

Mad and don't know what to do? You think diversity and civil rights are important, and want to help make sure we get to keep them? Here are some fun, and valuable, ways you can make a difference.

Family Education teaches us about kids and diversity and how to "take your family on a culture cruise with these ideas, expert opinions, and activities."

Tell us your story about diversity, and why you think it's important in our schools. Even though our official Kids Speakout writing contests have ended, we still want to hear from you. You can email us at rollback@nylpi.org, or click here to find submission forms.

Join our Media Watch listserv: Work with us and help us make the media accountable and fair and balanced in its coverage of civil rights.

Let us know about events in your area. Go to our calendar page and list your event there (send us an email letting us know you did), or you can simply email us all the facts.

Be a guest columnist. Let us know what you'd like to write about and we'll work together to see if we can get it published on the site.


Find out more:
Children's Defense Fund: Information, news and resources for and about kids.
Advancement Project's links: Networks and community-based groups to support kids and youth activism.
EdChange: Dedicated to diversity and equality in the schools.
Campus Progress: If you're heading to college or university, head here first.

Can you believe this stuff?

Some of these facts are scary, and some can make us mad. But they show us the need for diverse schools where tolerance and understanding can be cultivated. Schools where we support and provide equal opportunity and care for everyone.

Did you know:

Schools are more racially segregated now than they were in 1970.

African-American and Latino students are three times more likely than their white peers to go to a high school where graduating is not the norm.

African American children are more than twice as likely as a white child to be behind grade level.

Teachers with less than 3 years of experience teach in schools where the majority of students are people of color twice as often as in schools where the majority of the students are white.

African American young people are almost 50 times more likely to be jailed for drug offenses than their white peers.

Children of color lag behind white children in almost every health indicator, including infant mortality, immunizations, asthma, dental care, lead poisoning, and obesity.

Since 1979, almost 100,000 children and teenagers have been killed with guns in the United States -- more than twice the American deaths in the Vietnam War. More than half of those kids who were murdered were African American.

In the United States:

* Every four seconds a public school student is suspended.

* Every 20 seconds a child is arrested.

* Every 35 seconds a child is born into poverty.

* Every five minutes a child us born without health insurance.

(sources: Children's Defense Fund, Advancement Project, Opportunity Agenda)

If you read these facts and want to find something you can do, start by clicking here. And you can always let us know what you think at rollback@nylpi.org.

Jody Leung here: I had a great time in New York City!

I participated in the essay contest because I wanted to share my experience of living in a diverse community with others. I had an awesome time doing interviews with ABC and CBS. The next day at school, my friends were joking around and they asked me for my autograph. It was hilarious!

I had a fun time in New York City. I met a lot of nice people who made my stay really welcoming. The campaign staff and other finalists were wonderful to be around. We ate at Artie's for dinner, which had the best pastrami sandwiches I've ever tasted!

 

On Monday morning, we took the subway to the New York Lawyers for Public Interest office. The subway reminded me of the BART system in California because it was really crowded. After eating breakfast at the office, we had media training with Renna Communications. We got some tips on how to do an excellent interview. We helped each other out by practicing mock interviews. The training got me excited for the real press briefing.

 

After lunch, we took the subway to Fordham Law School, where the press briefing was held. When I went into the room, I saw a podium and several chairs in the front of the room for the finalists to sit. I also saw a camera man and other people from the media setting up. I started to get nervous.

 

The press briefing started and all the campaign staff made great speeches. Then, it was my turn to read my speech. I was nervous at first, but the feeling eventually went away. The other finalists did a great job!

 

When the event was over, we spent some time at Central Park. The sun was out and the weather was perfect. During the evening, we went on a cruise and I got the chance to see New York City at night. It was beautiful! My trip to New York City is an unforgettable experience because the people I was with made it really special.

Leslie Wong, essay contest finalist, blogs!

Alright, so it's kind of late for me to be blogging sorry, but here I am finally writing it!

I found out about this contest on a rainy Sunday afternoon, while I was trying to fill the last few moments of the weekend, I decided to check my email. I had an a newsletter from Inside Schools which I started to read.

"Does diversity matter?" It asked, it's bold font gave it a little feel of importance like a new dress. It was one of those headlines that immediately grasps your attention and makes you think. Hmm what could this be about? What does it mean to me? I read on, "Kids between 12-17 can submit 500-word essays." Just knowing that a big campaign, would care about the thoughts of a 12 year old gave me that warm little feel of importance. I decided this was one opportunity that I couldn't miss.

I took out my notebook and flipped to a blank page, I titled the page "Diversity." I began to write my thoughts, questions, and after I finished, it became apparent that the things that helped me realize why diversity is important, were my own individual experiences. I decided to base my essay on descriptions of those bittersweet memories that lived in the back of my mind. I wrote about why they were examples of diversity in my life, how they have affected me and my thoughts on it as I look back and tell my story. I wanted the reader not just to read about why I thought it was important, but to feel and experience diversity through my eyes so they would know about other thoughts on diversity.

When I got the call that I was invited to a dinner and press briefing for the essay contest I was filled with joy. I remember planning for it and thinking of it until the last minute. I took the train there, and as I look back I can still remember the different people I saw on the train, musicians holding their instruments, commuters rushing to meet the next train, business men holding their heavy briefcases. Had I become more aware of diversity during this whole experience?

We ate at Arties, which really captured the vibe of a New York deli. Their French Fries were crispy and warm. I was able to meet the other contestants they were all friendly and welcoming. I was able to learn about their opinions on diversity.

The next morning I got up early, before recalling that I had the press briefing that day! I took out my notebook and wrote some more about diversity and how I felt. I was so excited that I would be able to see the other contestants again and that I would be able to read my essay in front of an audience.

I took the train to the office of the New York Lawyers for Public Interest office. I saw a new girl that day who was busy the night before, her name was Sabrina, I was glad to be able to learn more about her thoughts on diversity. We had breakfast in the office, I drank a lot of orange juice because I heard that the potassium would calm me down, it was like an snake of ice slithering through my throat. I wrote down how I felt during the media training to help me write this blog now! We practiced mock interviews and read our essays out loud, the media training helped to ease my nerves for the real press briefing.

We took the train to Fordham Law School, I took some videos with my camera asking the other contestants how they felt during the train ride. The school was beautiful, we went upstairs to a room with a sign that said Kids SpeakOut.

Inside of the room, there was a podium and a table for all the contestants to sit. The campaign staff made amazing speeches, which I learned a lot from. I listened to the other finalists read their essays, seeing them do really well made me less anxious.

Afterwards, we went to Central Park. That place meant a lot to me because in my old school we had a field day there annually. I was delighted that I would have even more memories there. We got ice cream which was creamy and cold like snowflakes melting on my tongue. The weather was really nice that day. We walked to the zoo, my favorite part was in the jungle setting because it was a perfect example of a diverse community with so many exotic animals, each different, but peacefully living together.

As I look back, I realized that this experience was similar to the ones described in my essay because they helped show me what diversity was and how important it was. While writing this I still wonder how my thoughts on diversity will be when I am older, and have even more memories.

Thanks for reading!