Discipline in Schools:
Moving Beyond Zero Tolerance
Special Focus:
Policy Reform and Charter Schools
Charter School Authorization
• Section 27A of the Illinois School Code allows
for the creation of charter schools.
• Charter schools are authorized by:
– Local school districts OR
– Illinois Charter School Commission.
• Charter schools enter into contracts with their
authorizer.
• Illinois State Board of Education (ISBE) reviews
and certifies the contracts.
Applicable Law
• Charter schools are required to follow:
–
–
–
–
–
Federal and state constitutional law
Federal civil rights laws
Article 27A of the Illinois School Code (Charter School Law)
The Illinois Educational Labor Relations Act
Federal and state laws and regulations regarding special
education and the instruction of English language learners
– Certain other state law provisions
– Their charters
– Their own codes of conduct and student handbooks
• Charter schools are exempt from most provisions of the
Illinois School Code and state regulations governing public
schools and local school board policies
Governing Law Regarding
Discipline in Charter Schools
• Federal and state constitutional law
• Federal civil rights laws (Title VI, Title IX, and
Section 504)
• Federal and state disciplinary protections for
students with disabilities
• State law regarding maintenance of discipline in
schools but not statutory law regarding
suspensions/expulsions and student searches
• Their charters
• Their codes of conduct and student handbooks
Quick Overview
Charter Schools In Illinois
• 148 campuses, including 134 in Chicago
• 63,000 students
• 90% of charter school students are in Chicago
– In 2013-14, 23% of high school students and 10%
of elementary students attended charter schools
Source: Illinois Network of Charter Schools (INCS)
Charter Enrollment Growth
Source: INCS analysis of ISBE data
J ES SICA S C HNEIDER, STA FF AT TOR NEY
E D U C AT IO N A L E Q U IT Y P RO J E C T
OCTOBER 17, 2014
LOCAL IMPACT-CHICAGO
CPS: DISCIPLINE BY RACE (‘12-’13)
DISCIPLINE FOR STUDENTS W/ DISABILITIES
(81%)
CHARTER DEMOGRAPHICS
1.40% 2.60% 0.20%
34.70%
57.40%
4.00%
Black
White
Hispanic
Asian
Multiracial
American Indian
EXCLUSIONARY DISCIPLINE
2012-13
Students
%
Expulsions
Rate per
10,000
CPS
~350,000
86%
182
5
~55,000
14%
307
61
Charter Schools
CPS Disposition of students expelled from charter schools.
Expelled
12
4%
No consequence
14
5%
281
91%
SMART
Source: CPS data release and data to EFE. See CPS: Expulsion Rate at Higher at Charter
Schools, Chicago Tribune, Feb. 26, 2014, http://articles.chicagotribune.com/201402-26/news/ct-chicago-schools-discipline-met-20140226_1_charter-schoolsandrew-broy-district-run-schools
13
CHARTERS THAT HAVE ADOPTED THE CPS SCC
AS OF SEPTEMBER 2014
Prologue JJ
AGC
ASPIRA
Catalyst
Frazier Prep
Horizon Clay Evans
Horizon Chicago Lawn
KIPP Chicago
Legacy
Montessori
Namaste
SOURCE: CPS
Charlie Wysong
Equip for Equality

A charter school shall be subject to all federal
and State laws and constitutional provisions
prohibiting discrimination on the basis of
disability, race, creed, color, gender, national
origin, religion, ancestry, marital status, or
need for special education services. 105 ILCS
5/27A-4(a)

IDEA, Section 504 of the Rehabilitation Act,
ADA

U.S. Department of Education, Office of Civil
Rights “Dear Colleague” Letter of May 14, 2014
 http://www2.ed.gov/about/offices/list/ocr/letters/colleague201405-charter.pdf


Manifestation Determination Review (MDR) if
removed more than 10 days (some exceptions)
Exception: 45 school day placement for:
◦
◦
◦

1) Weapon
2) Drugs
3) Serious bodily injury
Right to an alternative education: “participate in
general education curriculum” and “progress
towards meeting goals set out in IEP.”
Chicago Public Schools
20th day
last day
Chicago Charter Schools
Change % change 20th day
last day
Change % change
LRE 1
21,374 48% 22,370 48%
996
5%
4,867 68%
4,932 71%
65
1%
LRE 2
14,745 33% 16,281 35% 1,536
10%
1,977 28%
1,811 26%
(166)
-8%
2%
312 4%
247 4%
(65)
-21%
(166)
-2%
LRE 3
6,568 15%
6,708 14%
Specialized School
1,014 2%
946 2%
0%
0%
585 1%
626 1%
0%
0%
Out-of-District
TOTAL
44,286
46,931
140
2,645
6%
7,156
6,990
Placement during the 2013-14 School Year: Data from Chicago
Public Schools
2012-13
Students
%
Expulsions
Rate per
10,000
CPS
~350,000
86%
182
5
~55,000
14%
307
61
Charter Schools
CPS Disposition of students expelled from charter schools.
Expelled
12
4%
No consequence
14
5%
281
91%
SMART
% with an IEP
CPS
Charter
Total Student
12.3%
11.9%
Expelled Students
18.6%
24.1%
Source: CPS data release and data to EFE. See CPS: Expulsion Rate at Higher
at Charter Schools, Chicago Tribune, Feb. 26, 2014,
http://articles.chicagotribune.com/2014-02-26/news/ct-chicagoschools-discipline-met-20140226_1_charter-schools-andrew-broydistrict-run-schools
EFE analysis of Illinois charter school
discipline codes

15 codes outside Chicago (2013-14)

35 codes in Chicago (2014-15, final & draft)
-
-
At least 15 of 50 codes had errors in the
description of the procedural rights for
students with disabilities
Chicago Public Schools standard language
is spreading in 2014-15.
Source: EFE analysis of 2013-14 and 20140-15 charter school codes
of conduct.
Network
CPS
Students
% of Charter
Students
~350,000
Profanity, Fighting, Levels of
Restorative
Max
Min
Fighting Demerits Practices
3 ISS
9
Noble Street
9,071
17%
No
suspension
CICS
8,712
16%
5 OSS
2
UNO*
7,207
13%
10 OSS
1
YCCS
4,016
7%
3 ISS
9
LEARN*
2,659
5%
5 OSS
3
Perspectives
2,219
4%
10 OSS
UCCS
1,896
3%
5 ISS
Catalyst
1,825
3%
Urban Prep
1,427
3%
ASPIRA
1,299
2%
5 OSS
1 OSS
2
Yes
Yes
4
Yes
Yes
8
Uses CPS Code
No
suspension
1
Uses CPS Code
* Draft codes for 2014-15
Yes
Increasing adoption of the CPS code of conduct.


2013-14: 8 charters with 11 campuses, ~4,200 students
2014-15: 11 charters with 19 campuses, ~7,400 students
This year: 5 charters adopted and 2 dropped the CPS code
CPS code for 2014-15: Prologue, Academy for Global
Citizenship, ASPIRA, Catalyst, KIPP, Legacy, TMSE,
Namaste, Frazier, Horizon*, Chicago Virtual.
MOVING BEYOND ZERO
TOLERANCE:
POLICY REFORM IN CHARTER
SCHOOLS
JULIE WATERSTONE
VISITING CLINICAL PROFESSOR
NORTHWESTERN LAW SCHOOL, BLUHM LEGAL CLINIC
Total Number of Charter Schools in
California
Increase in Charter Schools in
California
Traditional Public Schools v. Charter
Schools (California 2010-2011)
TRADITIONAL PUBLIC SCHOOLS
 Total CA Enrollment = 6,174, 717
 Total Expulsion = 18, 445 (.3%)
CHARTER SCHOOLS
 Total CA Enrollment = 319,657
 Total Expulsion = 374 (.1%)
Expulsion Rates Across the Nation
Source: Education Week, May 16, 2013
Discipline Data – LAUSD
Source: Education Week analysis of
LAUSD data
Disparity in Suspension Rates
(San Francisco)
Disparity in Suspension Rates
(Los Angeles)
Courts’ Interpretation of Due Process in
Charter Schools
 CA Court of Appeals found that dismissal by a charter
school does not require the same due process rights as an
expulsion
 Scott B. v. Bd. of Trustees of Orange Cnty. High Sch. of Arts,
217 Cal.App.4th 117 (2013)
 District Court in Hawaii ruled that a dismissal is not a
deprivation of a property interest and does not entitle
student to a hearing.
 Lindsay v. Mayatoshi, 950 F.Supp.2d 1159 (D. Haw. 2013)
Provided in Training for Charter
Administrators by Counsel
 “Charters can and should adopt sensible
suspension/expulsion policies that provide
appropriate “due process”, but not time-consuming
district-like processes”
 “some form of confidential “hearing” if parents
request it . . . , If hearing not requested, the process is
over and you’re done”
More on the training…
 Procedures sometimes listed in charter policies, but that are otherwise not
required (and we don’t recommend them)








Recorded or “transcribed” hearing
Closed session hearing with board (works for districts but not charters)
Special readmission policy for expelled students
Restricting the charter to Ed Code grounds for expulsion (works for districts
but not charters)
Multi-level, complex appeals over 30-day periods or longer
Administrative panel hearings
References to Ed Code 48900
Rehabilitation plans