Resources: Stopping the School to Prison Pipeline

Stopping the School to Prison Pipeline

Current Law & Policy

  • The following information guide for parents and guardians provides important information if the School District of Philadelphia wants to transfer a child to an “alternative education program” (such as Camelot or Phase 4) because of a disciplinary incident.

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  • In the nine years since Congress reauthorized the Elementary and Secondary Education Act (ESEA) as the No Child Left Behind Act (NCLB), startling growth has occurred in what is often described as the “School-to-Prison Pipeline” – the use of educational policies and practices that have the effect of pushing students, especially students of color and students with disabilities, out of schools and toward the juvenile and criminal justice systems.

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  • In this March 2010 report, ELC proposes legal and policy changes that will ensure that alternative programs are adequately supported and monitored; that their services are consistently comparable to those offered to other Pennsylvania students; that students are placed in these programs only when their needs justify the assignment; that the programs operate in a manner that is consistent with applicable federal and state laws; and that, in a number of other respects, programs meet the high standards that the state has set for all of Pennsylvania’s public education programs – and justify the taxpayers’ investment of funds.

     

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  • This 2009 ELC handbook for attorneys and advocates who represent students examines the law on school discipline in Pennsylvania, which derives from the United States and Pennsylvania Constitutions; federal and state statutes, regulations, and case law; and policies of the Pennsylvania Department of Education, school districts, and individual schools.

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  • This July 2009 Basic Education Circular (BEC) provides guidance regarding placement of students in Alternative Education for Disruptive Youth (AEDY) Programs. It also provides guidance on AEDY program requirements to ensure that students in these programs are provided appropriate academic and behavioral support services.

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  • Youth who are adjudicated delinquent frequently encounter problems in obtaining appropriate education services in placement, as well as when they are released and reintegrated into their communities. This 2009 Toolkit from the Education Law Center provides the basic information and resources needed to help juvenile probation officers and other juvenile justice professionals overcome these problems.

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Stopping the School to Prison Pipeline

Analysis & Research

  • Despite prohibiting the suspension of Kindergarten students, the School District of Philadelphia continues to suspend students in first through fifth grades at alarming rates. (more…)

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  • ELC wrote this letter to the Philadelphia School Reform Commission in reference to SRC Resolution B-4 on alternative education programs in April 2017, urging the Commission to postpone consideration of the Camelot contract to allow additional time for review and discussion and to raise significant concerns about the multi-year charter school renewals scheduled for a vote.

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  • A responsible charter school law must empower local governing bodies to strategically control charter growth as a tool to increase quality options and improve our system of public education for all communities. The charter school law should not force blind expansion on already burdened systems and compel the loss of neighborhood schools options. The Education Law Center wrote this letter to the Pennsylvania House of Representatives in April 2017 urging them to oppose HB 97, the purported charter reform legislation.

    Please also view our fact sheet on HB 97.

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  • Stoneleigh Foundation Emerging Leader Fellow Ashley Sawyer was invited to speak to the Philadelphia City Council’s newly formed Special Committee on Criminal Justice Reform  on May 23, 2016.  The committee is collaborating in part to meet the goals of a new $3.5 million grant from the MacArthur Foundation to address the city’s high jail population and the racial bias in the city’s justice system.  Ashley presented testimony on the need to address the School to Prison Pipeline and the poor educational opportunities available to incarcerated youth.

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  • In October 2015, the Education Law Center submitted comments to the Pennsylvania Office of Child Development and Early Learning (OCDEL) on their draft of a proposed policy announcement: “Reduction of Suspensions and Expulsions in Early Childhood Programs in Pennsylvania (15-#1)” [.doc]. The draft announcement was based, in part, on the U.S. Departments of Health and Human Services and Education policy guidance on the issue, released in December 2014: Policy Statement on Expulsion and Suspension in Early Childhood Settings.

    ELC’s comments, available below, were informed by our expertise advocating for the rights of the most vulnerable children birth through age twenty one and our extensive experience listening to the hundreds of children and families we have served each year for the past four decades. These public comments are part of ELC’s larger body of work focused on reducing exclusionary discipline that is disproportionately used on vulnerable populations and dismantling the school-to-prison pipeline that pushes at-risk youth into the juvenile and criminal justice systems.

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  • In Unlocking the Door to Learning: Trauma-Informed Classrooms & Transformational Schools, ELC Senior Staff Attorney Maura McInerney, Esq. and Amy McKlindon, M.S.W. discuss the impact of trauma on learning and what schools and educators can do to create a trauma-informed learning environment.

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  • ELC Staff Attorney David Lapp’s recommendations on charter school legislation being considered by Pennsylvania State Legislature in June, 2015. Discussion includes a comparison of HB 530, PN 569 and SB 856, PN 968.

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  • Senior Staff Attorney Maura McInerney provided testimony to the Pennsylvania Senate’s Education Committee at their June 9th hearing on truancy. She discussed how punitive responses to truancy can be ineffectual and counterproductive and the importance of school-level interventions to improve attendance.

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  • On Feb. 2, 2015, the Education Law Center submitted comments on the reauthorization of the Elementary and Secondary Education Act and the Every Child Ready for College or Career Act of 2015 Discussion Draft.

    The reauthorization of the ESEA offers an opportunity to update our nation’s primary federal education law to build upon the lessons learned since the last reauthorization. The Education Law Center urges Congress to reauthorize the ESEA in 2015 and address a number of priorities, including: Maintain a strong federal role in promoting equity and accountability; encourage states to fund schools equitably; protect Title I dollars for the poorest schools and districts; and act to end school pushout and the school-to-prison pipeline.

    Read ELC’s full comments.

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  • The study, conducted by the PolicyLab at The Children’s Hospital of Philadelphia (PolicyLab), was commissioned through a collaboration among the Mayor’s Office of Education, School District of Philadelphia (SDP), School Reform Commission, Philadelphia Department of Human Services (DHS) and Philadelphia Youth Network.

    The study examines the educational outcomes of students in the 3rd, 7th, 9th, and 12th grades attending public schools in Philadelphia during the 2011-12 school year, a cohort of over 68,000 students. Findings revealed that students with a history of child welfare or juvenile justice involvement had substantially lower PSSA scores and promotion rates; higher rates of special education eligibility and absenteeism; accumulated fewer credits and disproportionately attended district-run comprehensive neighborhood schools and alternative schools compared to their never-involved peers.

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  • ELC’s policy recommendations based on the Children’s Hospital of Philadelphia (CHOP) PolicyLab’s June 2014 report on Philadelphia school children involved with the child welfare or juvenile justice system.

    These are recommendations for effective systemic reform, including legislative change, as well as improved practices to support the educational success of these children and youth.

     

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  • This 2010 ELC research brief provides a detailed examination of School-Wide Positive Behavior Support (PBS), a research-based, highly effective, approach to creating, teaching, and reinforcing students’ social, emotional, and academic learning skills that improves and sustains academic achievement and mental and emotional wellbeing of all students.

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  • In the nine years since Congress reauthorized the Elementary and Secondary Education Act (ESEA) as the No Child Left Behind Act (NCLB), startling growth has occurred in what is often described as the “School-to-Prison Pipeline” – the use of educational policies and practices that have the effect of pushing students, especially students of color and students with disabilities, out of schools and toward the juvenile and criminal justice systems.

    Download PDF

  • In this March 2010 report, ELC proposes legal and policy changes that will ensure that alternative programs are adequately supported and monitored; that their services are consistently comparable to those offered to other Pennsylvania students; that students are placed in these programs only when their needs justify the assignment; that the programs operate in a manner that is consistent with applicable federal and state laws; and that, in a number of other respects, programs meet the high standards that the state has set for all of Pennsylvania’s public education programs – and justify the taxpayers’ investment of funds.

     

    Download PDF

Stopping the School to Prison Pipeline

Fact Sheets

  • April 2017 – A responsible charter school law must empower local governing bodies to strategically control charter growth as a tool to increase quality options and improve our system of public education for all students. The charter school law should not force blind expansion on already burdened systems and compel the loss of neighborhood school options. HB 97 is deficient as it stands. This fact sheet focuses on the key problem areas of this proposed charter reform bill. For ELC’s full response to HB 97, see our letter to the House Education Committee sent on April 24, 2017.

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  • This fact sheet, updated in March, 2016, covers the basics of school discipline in Pennsylvania. This fact sheet applies to all public schools, including charter schools, in the state.

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  • Act 26 is a Pennsylvania law which requires the expulsion for at least one year of any student who possesses a weapon on school property, at a school function, or going to and from school.  Many students have faced expulsion as a result of this law. Review the complete fact sheet for more information.

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  • The Education Law Center and Juvenile Law Center have developed a fact sheet to explain important educational decision maker rules, including Pennsylvania’s Juvenile Court Procedural Rules (Rules 1147 and 147) requiring judges to appoint an “Educational Decision Maker” for children who have no parent or guardian to make education decisions for them, or when a court concludes that appointing an EDM is in the best interest of a child.

    In addition, under the Individuals with Disabilities Education Act, school districts have a duty to appoint a “surrogate parent” for children with special education needs under specific circumstances.

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  • The following information guide for parents and guardians provides important information if the School District of Philadelphia wants to transfer a child to an “alternative education program” (such as Camelot or Phase 4) because of a disciplinary incident.

    Download PDF

  • Una hoja informativa que proporciona información a los padres y tutores sobre las normas y procedimientos para la expulsión de los estudiantes de las escuelas del distrito escolar y las escuelas charter.

    Aunque que las escuelas públicas tienen amplia libertad para crear reglas, deben seguir sus propias reglas. Por lo tanto, una escuela sólo puede expulsar a un estudiante por una violación de una regla de la escuela, si la escuela la ha adoptado oficialmente y distribuido la regla. Las reglas escolares deben estar inscritos en el Código de Conducta del Estudiante y debe ser publicado y distribuido a todos los estudiantes y padres de familia.

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  • A fact sheet providing information for parents and guardians on the rules and procedures for student expulsions from school district and charter schools.

    While public schools have wide latitude to create rules, they must follow their own rules. Thus, a school can only expel a student for a violation of a school rule if the school has officially adopted and distributed the rule. School rules should be listed in a published Code of Student Conduct that should be given to all students and parents.

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Stopping the School to Prison Pipeline

Trainings

Stopping the School to Prison Pipeline

Professional Toolkits

  • This 2009 ELC handbook for attorneys and advocates who represent students examines the law on school discipline in Pennsylvania, which derives from the United States and Pennsylvania Constitutions; federal and state statutes, regulations, and case law; and policies of the Pennsylvania Department of Education, school districts, and individual schools.

    Download PDF

  • Youth who are adjudicated delinquent frequently encounter problems in obtaining appropriate education services in placement, as well as when they are released and reintegrated into their communities. This 2009 Toolkit from the Education Law Center provides the basic information and resources needed to help juvenile probation officers and other juvenile justice professionals overcome these problems.

    Download PDF