EPI 0004
Debra Hope
Profile Sheet
Original Title: Students address influence of peers, parents and culture on their decisions and actions.
Primary Subject Area: Language Arts
Outside Subject Area: Social Studies
Description of Student Roles and Problem Situation: The students are the legal staff in an attorney’s office. A
case has been brought to the attorney by a woman seeking to adopt a child who was thrust upon her suddenly by
a member of the Cherokee Nation seeking a better life for the child. As legal staff, the students are to research the
problem and make a recommendation to the attorney. Because the problem is complex, the staff will research
different aspects. The Historian will research Cherokee history. One Sociologist will research interracial adoption.
A second Sociologist will investigate current social relations between the Cherokee Nation and whites. There will
be two Legal Experts, one to research Cherokee Law, the other to research the history of adoption law.
Teacher: Debra Hope
Grade Level: 9th Grade, Regular
Adaptations for Students from a Non-Western Culture:
 Students will be given materials synopsizing U.S. history as it pertains to Native Americans,
Cherokee in particular, as well as a list of references they might want to investigate further
 If appropriate to their culture, students will be given information on indigenous peoples in
their native country who might share some commonality with ours
 I would research the student’s culture to be sure as much as possible to avoid anything in the
lesson that might offend and to offer alternatives
 It would be very important to have regular and open communication with the parents so that
they can have help if they need it in acclimating their child and themselves to the new culture
and so that problems don’t arise that are not mended quickly. All communications would be
translated through Babelfish.com.
Adaptations for ESOL students:
 Because the ideas, lessons and learning strategies students are learning in this class are so critical
to meeting standards, ESOL students will be provided with literature translated into their
native language when possible.
 Course materials that are given to students will be translated into the ESOL student’s native
language via Babelfish.com.
 Arrangements should be made so that the student has access to a computer for all written
assignments so that they can be translated via Babelfish.com into English.
 As with students from non-western cultures, it would be very important to have regular and
open communication with the parents so that they can have help if they need it in acclimating
their child and themselves to the new culture and so that problems don’t arise that are not
mended quickly. All communications would be translated through Babelfish.com.
Title, Learner Characteristics and Sunshine State Standards
for PBL Lesson Plan for Diverse Students
Teacher:
Debra Hope
Primary Subject Area: Language Arts
Outside Subject Area: Social Studies
Grade Level:
10th, regular
Unit Title: Students address influence of peers, parents and culture on their decisions and
actions.
Primary Sunshine State Standards:
LA.A.2.4.4: Locates, gathers, analyzes, and evaluates written information for a variety of
purposes, including research projects, real-world tasks, and self-improvement.
LA.E.2.4.6: Recognizes and explains those elements in texts that prompt a personal response,
such as connections between one’s own life and the characters, events, motives, and causes of
conflict in texts.
Outside Subject Area Sunshine State Standards for Social Studies:
SS.B.2.4.2: Understands past and present trends in human migration and cultural interaction
and their impact on physical and human systems.
Learner Characteristics of High School Students:
Physical: Many adolescents become sexually active.
Justification: The main character in “The Bean Trees” by Barbara Kingsolver makes the decision
not to become pregnant so that she can escape the small-town life she feels otherwise destined
for. Students will be asked to relate this and similar thinking to their own lives.
Social: Parents and other adults are likely to influence long-range plans; peers are likely to
influence immediate status.
Justification: “Peer groups and reactions of friends are extremely important, [and there] is a
need to make personal value decisions regarding... premarital sex and code of ethics.”
(“Psychology Applied to Teaching,” p 91) Students will compare influences of peers, parents
and other adults, as well as other outside influences on thoughts and actions.
Emotional: Many psychiatric disorders either appear or become prominent during adolescence.
Justification: Amongst the characters in this book there is a wide range of psychological
processes at work. Part of this unit will be spent determining causes and effects of these
processes.
Cognitive: High school students become increasingly capable of engaging in formal thought, but
they may not use this capability.
Justification: With teacher guidance, students will go through processes of brainstorming,
hypothesizing and problem-solving.
Cognitive: Between the ages of twelve and sixteen, political thinking becomes more abstract,
liberal and knowledgeable.
Justification: Students will have the opportunity to exercise their evolving thoughts and beliefs
about American society, the history of Native Americans, illegal immigration and adoption as
well as other topics.
Learning Outcomes, Student Role and Problem Situation, Meet the Problem Method
PBL Lesson Plan for Diverse Learners
Teacher:
Debra Hope
Primary Subject Area: Language Arts
Outside Subject Area: Social Studies
Grade Level:
10th, regular
Unit Title: Students address influence of peers, parents and culture on their decisions and
actions.
Primary Sunshine State Standards and Learning Outcomes:
LA.A.2.4.4: Locates, gathers, analyzes, and evaluates written information for a variety of
purposes, including research projects, real-world tasks, and self-improvement.
Learning Outcome #1: After reading “The Bean Trees” by Barbara Kingsolver, the students will
read the problem materials provided and research the two listed sites on the Internet. They
will then meet in groups to discuss their findings, and each group will create a Know/Need-toKnow list containing at least seven accurate facts in the “Know” category and at least ten
“Need-to-Know” items.
LA.E.2.4.6: Recognizes and explains those elements in texts that prompt a personal response,
such as connections between one’s own life and the characters, events, motives, and causes of
conflict in texts.
Learning Outcome #2 – After reading “The Bean Trees,” each student will select a character in
the book and write about his/her reaction to that person, discussing how conflicts and events in
the story affect the character’s actions, and contrasting how the student might handle a similar
situation. The student will need to score 4 or higher on all categories of a rubric.
Outside Subject Area Sunshine State Standard for Social Studies and Learning Outcome:
SS.B.2.4.2: Understands past and present trends in human migration and cultural interaction
and their impact on physical and human systems.
Learning Outcome #3 – After reading problem materials and researching the history of the
Cherokee nation and race relations on the Internet, students in groups will decide on one topic
to present to the class in the form of a presentation or a debate. Topics include: How could the
original settlers in this country have better approached their relations with the Native
Americans? What were the cultural differences between the two groups? What factors
contributed to the shrinking of the Cherokee Nation? Trace the disintegration of the relations
between the natives and the settlers. Describe the state of race relations today. What is being
done to preserve Native American culture in our country? Groups will be assessed on their
presentations based on a rubric of 30 points and must receive a score of at least 20.
Description of Student Roles and Problem Situation: The students are the legal staff in an
attorney’s office. A case has been brought to the attorney by a woman seeking to adopt a child
who was thrust upon her suddenly by a member of the Cherokee Nation seeking a better life
for the child. As legal staff, the students are to research the problem and make a
recommendation to the attorney. Because the problem is complex, the staff will research
different aspects. The Historian will research Cherokee history. One Sociologist will research
interracial adoption. A second Sociologist will investigate current social relations between the
Cherokee Nation and whites. There will be two Legal Experts, one to research Cherokee Law,
the other to research the history of adoption law.
Meet the Problem Documents:
Memo from Mr. Armistead to Staff
Summary of history given by Taylor Greer
Letter from Harry Oken, M.D.
Cherokee Messenger: “Brief History of the Trail of Tears”
Maps of the Cherokee Nation and the “Trail of Tears”
Cherokee Nation: “Preserving our Culture, One Child at a Time”
“Social Workers’ Role in Cultural Genocide”
“Transracial Adoption”
Leland Armistead, Attorney at Law
1548 Larriland Drive
Tulsa, Oklahoma 33300
MEMO
TO:
Staff
FROM:
Mr. Armistead
RE:
Greer vs. Cherokee Nation
DATE:
September 10, 2007
As you are probably aware, we have been retained by Ms. Taylor Greer to represent
her in the matter of the adoption of a child who is purportedly a member of the
Cherokee Nation. Ms. Greer alleges that the child was given to her by its aunt, who
begged her to take the child to give her a better life than the one she had had with her
mother, who had just died. Members of the Cherokee Nation believe that this child
should remain with them.
I want you to go over all of the materials regarding the case. Because the problem is
complex, I want the staff to research different aspects: Cherokee history, interracial
adoption, current social relations between the Cherokee Nation and whites, Cherokee
Law, and the history of adoption law.
We will meet in the office at 2:00 on Friday afternoon, September 21st, to discuss how to
proceed.
LA/dh
Summary of Statement made to Leland Armistead, Attorney at Law, by Taylor Greer
August 31, 2007
A year ago I was driving through Oklahoma on my way from Kentucky to Arizona. I was
stopped at a café when a woman walked up to my car, put a child in the passenger seat, and
told me to take the child. She told me only that the child was born in a car and that she was the
sister of the child’s mother. Then she left. The child was just a baby and appeared to be
catatonic, sitting perfectly still, bundled up in a blanket on the seat, staring straight ahead. I
didn’t know what to do or where I could take her. I finally decided to continue driving and
think about the best thing to do. I stopped at a motel for the night. When I unwrapped the
baby to give her a bath I saw that she had been physically abused. I decided then that I would
take care of her and protect her from any further harm. I named her Turtle because of the way
she holds onto everything like one of the mud turtles back home. We made a home in Tucson,
and I have been working and supporting both of us. When I had enough money I took Turtle to
see a doctor to make sure she was healthy enough. After examining her he told me she had been
physically and sexually abused and that she was three years old. I couldn’t believe that. She just
looked like a little baby. And no wonder she was in such a state when I first got her. I really
wanted to keep her and make sure she stayed safe. One day I had to leave Turtle with a
babysitter, and when the two of them were in the park, a man tried to take Turtle. The
babysitter fought him, and Turtle wasn’t hurt, but the police were called. They found out that
Turtle isn’t mine, and they’re going to make her a ward of the state. The Cherokees also found
out, and they want Turtle back. I want to adopt her because I’m afraid what will happen if she
goes back to her people.
Harry A. Oken, M.D.
1422 Kelspeth Street
Tucson, Arizona 82330
August 24, 2007
Leland Armistead, Attorney at Law
1548 Larriland Drive
Tulsa, Oklahoma 33300
Re: Turtle Greer
Dear Mr. Armistead:
Taylor Greer has asked me to write to you regarding Turtle. Turtle was brought to me six
months ago by Ms. Greer, who desired assurance that the child was in good health. Upon
examining her, I determined that Turtle had previously been abused both physically and
sexually. I also advised Ms. Greer that, although the child appears to be substantially younger,
she has in actuality achieved developmental characteristics of a three-year-old.
Turtle had apparently been given to Ms. Greer’s care by her aunt. When Ms. Greer first saw
the child she was in a catatonic state and signs of recent physical abuse were obvious. Since
then, the child has become communicative and curious and is clearly attached to Ms. Greer. In
the six months I have known her, Turtle has made tremendous strides physically and mentally,
and she now weighs 36 lbs, which is a remarkable increase over the 19 lbs she weighed when I
first saw her.
If I may be of any further assistance, please do not hesitate to call me.
Sincerely,
Harry A. Oken, M.D.
HAO/dh
Brief History of The Trail of Tears
Source: Cherokee Nation
Since first contact with European explorers in the 1500s, the Cherokee Nation has been
recognized as one of the most progressive among American Indian tribes. Before contact,
Cherokee culture had developed and thrived for almost 1,000 years in the southeastern United
States--the lower Appalachian states of Georgia, Tennessee, North and South Carolina, and
parts of Kentucky and Alabama. Life of the traditional Cherokee remained unchanged as late as
1710, which is marked as the beginning of Cherokee trade with the whites. White influence
came slowly in the Cherokee Country, but the changes were swift and dramatic. The period of
frontier contact from 1540-1786, was marked by white expansion and the cession of Cherokee
lands to the colonies in exchange for trade goods. After contact, the Cherokees acquired many
aspects of the white neighbors with whom many had intermarried. Soon they had shaped a
government and a society that matched the most "civilized" of the time.
Migration from the original Cherokee Nation began in the early 1800s as Cherokees wary of
white encroachment moved west and settled in other areas of the country's vast frontier.
White resentment of the Cherokees had been building as other needs were seen for the
Cherokee homelands. One of those needs was the desire for gold that had been discovered in
Georgia. Besieged with gold fever and with a thirst for expansion, the white communities
turned on their Indian neighbors and the U.S. Government decided it was time for the
Cherokees to leave behind their farms, their land and their homes.
A group known as the Old Settlers had moved in 1817 to lands given to them in Arkansas,
where again they established a government and a peaceful way of life. Later they, too, were
forced into Indian Territory.
Once an ally of the Cherokees, President Andrew Jackson authorized the Indian Removal Act of
1830, following the recommendation of President James Monroe in his final address to
Congress in 1825. Jackson sanctioned an attitude that had persisted for many years among
many white immigrants. Even Thomas Jefferson, who often cited the Great Law of Peace of the
Iroquois Confederacy as the model for the U.S. Constitution, supported Indian Removal as early
as 1802.
The displacement of native people was not wanting for eloquent opposition. Senators Daniel
Webster and Henry Clay spoke out against removal. Reverend Samuel Worcester, missionary to
the Cherokees, challenged Georgia's attempt to extinguish Indian title to land in the state,
winning the case before the Supreme Court.
Worcester vs. Georgia, 1832, and Cherokee Nation vs. Georgia, 1831, are considered the two
most influential decisions in Indian law. In effect, the opinions challenged the constitutionality
of the Removal Act and the US. Government precedent for unapplied Indian-federal law was
established by Jackson's defiant enforcement of the removal.
The U.S. Government used the Treaty of New Echota in 1835 to justify the removal. The treaty,
signed by about 100 Cherokees and known as the Treaty Party, relinquished all lands east of the
Mississippi River in exchange for land in Indian Territory and the promise of money, livestock,
and various provisions and tools.
When the pro-removal Cherokee leaders signed that treaty, they also signed their own death
warrants. The Cherokee National Council earlier had passed a law that called for the death
penalty for anyone who agreed to give up tribal land. The signing and the removal led to bitter
factionalism and the deaths of most of the Treaty Party leaders in Indian Territory.
Opposition to the removal was led by Chief John Ross, a mixed-blood of Scottish and one-eighth
Cherokee descent. The Ross party and most Cherokees opposed the New Echota Treaty, but
Georgia and the U.S. Government prevailed and used it as justification to force almost all of the
17,000 Cherokees from the southeastern homelands.
Under orders from President Jackson, the U.S. Army began enforcement of the Removal Act.
Around 3,000 Cherokees were rounded up in the summer of 1838 and loaded onto boats that
traveled the Tennessee, Ohio, Mississippi, and Arkansas Rivers into Indian Territory. Many were
held in prison camps awaiting their fate. In the winter of 1838-39, 14,000 were marched 1,200
miles through Tennessee, Kentucky, Illinois, Missouri, and Arkansas into rugged Indian
Territory.
An estimated 4,000 died from hunger, exposure and disease. The journey became an eternal
memory as the "trail where they cried" for the Cherokees and other removed tribes. Today it is
remembered as the Trail of Tears.
Those who were able to hide in the mountains of North Carolina or who had agreed to
exchange Cherokee citizenship for U.S. citizenship later emerged as the Eastern Band of
Cherokee Indians of Cherokee, N.C. The descendants of the survivors of the Trail of Tears
comprise today's Cherokee Nation with membership of more than 165,000
A Perspective – Maps showing the extent of the Cherokee Nation prior to
colonization of the United States until prior to the “Trail of Tears,” as well as the
various routes taken to Oklahoma.
The boundaries of the Cherokee Country prior to the European
invasion.
The boundaries of the Cherokee Country at the end of the
Revolutionary War.
The boundaries of the Cherokee Country in the east prior to the
removal. It should be noted that before the removal, much of the
Nation was overrun by whites who had taken over Vann's house at
Springplace, Major Ridge's house (Rome GA), and Chief John Ross's
house (Rossville GA). The Cherokee council had been meeting at Red
Clay on the Tennesse border because the State of Georgia was using
the Georgia Militia to prevent them from meeting at the capital at
New Echota. Lands in Georgia had already been granted to white
lottery winners in the Georgia Land and Gold Lotteries.
Preserving Our Culture - One Child
At A Time
Welcome
In 1978, the U. S. Congress passed the Indian Child
Welfare Act in order to protect the best interests of
Indian children and to promote the stability and
security of Indian tribes. The Cherokee Nation
Adoption Program takes their responsibility to
Cherokee children seriously. The mission of Indian
Child Welfare is to provide tribal children, who are
unable to be cared for by their biological family, a
safe and permanent home. Cherokee Nation Indian
Child Welfare is also here to assist attorney's,
private and state agencies and other tribal agencies
maintain compliance with the federal law. The Indian
Child Welfare Act states that "there is no resource
that is more vital to the continued existence and
integrity of Indian tribes than their children."
Please, help us succeed in reaching our goal of
protecting our tribe, protecting our culture and
protecting the future of our children.
Social Workers' Role in Cultural Genocide ("Infant
Adoption")
Adoption is a way to destroy cultures - "cultural genocide". Many of those in power in America would like to destroy families that are
not of the "family-unit" family type. They often focus their efforts on getting healthy white infants - the type most desired by adopters.
But, non-white people may also have their families destroyed. (If the babies aren't healthy enough or otherwise can't be sold, then
they can always be put into institutions or foster care.)
From Whispering Eagle's Website:
The following excerpt was found on the Lost Bird Society website. It is from a book written by Renee Sansom-Flood, who was
nominated for a Pulitzer for her work on the original lost bird. A link to the Lost Bird Society follows the excerpt.
HOW AMERICAN INDIAN MOTHER'S LOST THIER CHILDREN by Renee Sansom-Flood
RENEE'S EXPERIENCES AS A SOCIAL WORKER Below is an excerpt from Renee's book, Lost Bird of Wounded Knee: Spirit of the Lakota,
about her experiences as a Social Worker.
One day I went to a local hospital with another social worker. On the maternity ward, we found a young Lakota mother holding her
baby boy. She had him wrapped up tightly in a warm blanket, and he was asleep. When the social worker barged in on the mother, she
didn't look up. A nurse came and pulled the curtain around us. "Are you having trouble finding a place to stay?" The worker began
sympathetically. She gave me a knowing look and she thought the Indian girl hadn't noticed. The girl was scared. Without looking,
Indians can read body language like radar. "We just need a ride back to Rosebud," She said softly, still without looking up. Now began
the barrage of questions, each unconsciously calculated to destroy the young woman's self-esteem. "How will you raise your child
without money?" the worker asked. "What kind of life can you provide for him on the reservation? If you really love your boy, you'd
give him a chance in life. We have a long list of good people who can never have children of their own. They have money, beautiful
homes. Your baby would have everything; a good education, nice clothes, loving parents, opportunities you can never give him...."
When we got to the state car in the parking lot, I looked back up at the hospital window. There stood the young Lakota mother, her
open palms on the window above her head. The worker handed me the baby, and I held him, still looking up at the Lakota girl watching
us helplessly as we drove away with her precious child.
Today a child of Native American decent is protected from being forcibly "turned into a white man" through laws that prevent adoption
of Native Americans by non-Natives.
Transracial adoption
Transracial adoption is the practice, increasingly common, of parents of one race or ethnic
group adopting a child of another race or ethnic group.
The notion has faced opposition. The argument put forward by certain activists and social
workers is that transracial adoption leads to assimilation -- the gradual erosion of the cultural
identities of black, aboriginal and other non-white communities. Many black and native leaders
doubt that white parents can provide the pride, appreciation of cultural heritage and sense of
identity that a child would gain from parents of the same race.
There are social workers who argue that it is better to place children, particularly native
children in Canada, with adoptive parents of their own race. They assume that unless a child
lives with his or her own racial kind, he or she will grow up confused, maladjusted and
unequipped for the trials of life as a member of a visible minority.
In the U.S. the debate over transracial parenting is decades old. In 1972 the National
Association of Black Social Workers came out favouring same-race adoption, calling the
adoption of black children by white parents a "particular form of genocide." For 20 years
agencies steered black children away from white families, saying transracial adoption was
culturally inappropriate. With poorer black families unable to adopt them, thousands of black
children ended up in the limbo of foster care.
In the last decade attitudes started to change. Research in 1993 (Silverman) showed that
transracial adoption is a viable means of providing stable homes for waiting children -- about
75% of transracially-adopted children adjusted well in their adoptive homes. A 1995 study
(Sharma, McGue, Benson) found that transracial adoption was not detrimental for the adoptee
in terms of adjustment, self-esteem, academic achievement, peer relationships, parental and
adult relationships.
In 1994 the U.S. Congress passed the Multiethnic Placement Act, forbidding a federally-funded
agency from denying placement of a child just because of race or national origin. It states
"discrimination is not to be tolerated."
Since then, transracial adoptions have risen. In 1987 about 8% of all adoptions included parents
and children of different races. By 1998 about 15% of the 36,000 adoptions of foster children in
the U.S. were transracial or transcultural. The U.S. census of 2000 reported that 17% of adopted
children under 18 were of a different race than the head of household.
Meanwhile in Canada, some native leaders have banned the adoption of native children by
non-natives, and many adoption authorities favour same-race placement. The result is fewer
chances for native children to be adopted and longer times in foster care. However bands in
western Canada have recently had success in placing native children with families on the
reserve, using custom adoption ceremonies which recognize traditional practices.
When adopting children of a different race or ethnic group it's important to teach them the
value of their own culture and heritage. Some techniques include taking your child to places
where people are of his or her race or ethnic background, celebrating the child's culture by
observing specific holidays and customs and listening to music.
EPI 0040
Debra Hope
Rubric for Assessing the Capstone Performance
The Defendant, The Plaintiff, The Attorneys and The Witnesses
Criteria
Preparation/
Superior
Adequate
Unacceptable
15 points
12 points
9 points
Student demonstrates
knowledge of the
subject, making at least 3
references that support
his/her position and
clearly relate to the
subject.
Student demonstrates
knowledge of the
subject, making at least 2
references that support
his/her position and
clearly relate to the
subject.
Student demonstrates
knowledge of the
subject, making at least
1 reference that clearly
relates to the subject.
20 points
16 points
12 points
Student demonstrates
accuracy of historical
detail and/or supporting
arguments, presenting
clear, complete
information, with
presentation of at least 4
accurate details.
Student demonstrates
accuracy of historical
detail and/or supporting
arguments, presenting
clear information, with
presentation of at least 3
accurate details.
Student presents at least
2 details that
demonstrate accuracy
of historical detail
and/or supporting
arguments.
10 points
8 points
6 points
Organization
Content
Authenticity of
Role
Student presents
character in a way that
demonstrates careful
consideration of the role
with regard to attire,
attitude and appropriate
Student presents
character in a way that
adheres to the role with
regard to attire and
attitude. Responses are
appropriate 80% of the
Student representation
of character only
somewhat appropriate.
Responses are
appropriate 60% of the
time.
responses in the setting
of the performance.
Participation
time.
10 points
8 points
Student actively
participates in the
proceedings, verbalizing
at least 3 major points in
character.
Student participates in
the proceedings,
verbalizing at least 2
major points in character.
Score Conversion:
51-55 -- A
46-50 -- B
41-45 -- C
36-40 -- D
0-35 -- F
Rubric for Assessing the Capstone Performance
6 points
Student participates in
the proceedings,
verbalizing at least 1
major point in
character.
The Jurors
Criteria
Focus
Superior
Adequate
Unacceptable
10 points
8 points
6 points
Student addresses both
sides of the issue.
Maintains focus 80% of
the time.
Student addresses both
sides of the issue.
Maintains focus 60% of
the time.
20 points
16 points
12 points
Student demonstrates
understanding of the
issues and makes
accurate analytical
connections, verbalizing
at least 6 accurate points
that pertain to the
problem.
Student demonstrates
understanding of the
issues and makes
accurate analytical
connections, verbalizing
at least 4 accurate points
that pertain to the
problem.
15 points
12 points
9 points
Student presents 2
accurate possible
outcomes, substantiating
each with at least 4
reasons for or against.
Student presents 2
accurate possible
outcomes, substantiating
each with at least 2
reasons for or against.
Student presents 1
accurate possible
outcome, substantiating
it with at least 2 reasons
for or against.
10 points
8 points
6 points
Student addresses both
sides of the issue and
maintains focus
throughout the
deliberations.
Analysis
Justification
Participation
Student actively
participates in the
proceedings, verbalizing
at least 3 major points in
Student participates in
the proceedings,
verbalizing at least 2
major points in
Student demonstrates
understanding of the
issues, verbalizing at
least 2 accurate points
that pertain to the
problem.
Student participates in
the proceedings,
verbalizing at least 1
character.
character.
Score Conversion:
51-55 -- A
46-50 -- B
41-45 -- C
36-40 -- D
0-35 -- F
major point in character.
EPI 0040
Debra Hope
Two Alternative Solutions and One “Best” Solution
PBL Lesson Plan for Diverse Learners
Unit Title: Students address influence of peers, parents and culture on their decisions and
actions.
Problem Statement:
What determination can we, the historian, social workers and legal assistants on the staff
of Leland Armistead, Esq, make regarding how to proceed in the case of Taylor Greer,
who wishes to adopt a child against the wishes of the Cherokee Nation, such that:




We have decided on a plan in eleven days;
The most beneficial outcome for the child is determined;
The legal rights of the Cherokee Nation are upheld; and
Regardless of the outcome, Taylor Greer will have a role in the child’s life.
Alternative Solutions
One solution: Taylor is given full custody of Turtle. In order for her to be fully aware of
her Cherokee heritage, however, Turtle will spend time regularly with a Cherokee family
of the elders’ choosing, with arrangements for scheduling agreed upon by the family and
Taylor.
Pros
Taylor has proven to be an extremely
beneficial presence in Turtle’s life, having
nurtured her from a state of emotional and
physical deprivation to one of emotional and
Cons
The Cherokee Nation will not be able to raise
Turtle.
physical well-being.
Turtle has a strong bond with Taylor, whom
she considers to be her mother.
Turtle’s and Taylor’s best interests are served
by the continuation of the bond established
between them.
There will be no fear of Turtle regressing to the
physical and emotional state she was in when
she was first given to Taylor.
The Cherokee Nation will be able to retain
Turtle as one of their own through exposure to
and instruction in Cherokee culture and
customs while she is growing up.
Turtle will not grow up within and become
fully assimilated with the tribe.
There is a possibility, despite the care taken to
expose Turtle to her native culture while she is
growing up, that she will suffer a crisis of
identity in later years.
There are aspects of Native American culture
that Taylor is unaware of, and she may
unwittingly undermine Turtle’s welfare because
of this (e.g. Taylor had Turtle drink lots of milk
for its great nutritional value, not realizing that
Native Americans tend to be lactoseintolerant).
By awarding custody to Taylor, Turtle will be
one more member of the tribe lost to the
Cherokee Nation.
Consequences:
 Turtle will grow up in a loving relationship, with a mother who truly cares for
her and has only her best interests at heart
 The Cherokee Nation will lose another member, thus continuing the trend
toward diminishment of the tribe.
A second solution: The Cherokee Nation is given full custody of Turtle. However,
Taylor has visitation rights, to be agreed upon by the family with whom the elders wish
her to belong, and Taylor.
Pros
The Cherokee Nation will be able to raise
Turtle within the tribe as one of its own.
Turtle will be able to grow up fully assimilated
with the tribe, knowing its culture and
traditions.
Turtle will always know who she is and will be
a part of something big, with roots going way
Cons
Although she will have visitation rights, Taylor
will no longer have care of the child whom she
brought back from the brink of physical and
emotional devastation.
The bond between Turtle and Taylor will be
weakened.
The subsequent well-being of both Turtle and
Taylor is in question if custody is taken away
back to long before this country was settled by
others.
Having come from this culture, there is no
chance that inadvertent harm will come to
Turtle through lack of knowledge about
customs and practices.
from Taylor.
If Turtle is returned to the Cherokee Nation, it
is possible there will be a regression to the
physical and emotional state she was in when
she was first given to Taylor.
Consequences:
 Keeping Turtle in the tribe will help the Cherokee Nation maintain the
integrity of the tribe.
 It is possible that returning Turtle to the tribe will be detrimental to her
emotional and physical well-being.
The Best Solution: This is a very emotional issue, and each case of adoptive parents
fighting for custody of someone else’s child is heart-wrenching and unique. This case has
the added complication of involving inter-racial issues. While I appreciate the need of
the Cherokee Nation to keep their own in the tribe to be raised with tribal customs and
traditions, this must be balanced with the needs of the child. When Turtle was given to
Taylor she was in severe emotional and physical straits, having reached a near-catatonic
state and suffering from failure to thrive. Taylor has nurtured the child and brought her
back to health, and in the process the two have bonded as a true mother and daughter.
There is a very real possibility that Turtle would revert to the state she was in when she
came to Taylor. This belief was reinforced by symptoms Turtle displayed after the
attempt was made to take her in the park. She turned completely inside herself, very
similar to the way she had been in the beginning when she was given to Taylor. It is
hard to imagine what would happen if Taylor, the one person Turtle has come to trust
completely, wasn’t there to help her out of it. And what of the people who put her into
this state originally? According to the alleged aunt, Turtle’s mother is dead. No one has
come forward to deny or acknowledge this, and the members of the Cherokee Nation
who have been working on this case have been unable to find anyone or any family that
is missing a child. The solution of the tribal elders would be to “assign” Turtle to a
family. Studies have shown that adoptive parents have a tremendous amount invested
in a child emotionally and in involvement in her upbringing and activities because they
want the child. Taylor also loves Turtle, and Turtle loves her. Equally important, Turtle
trusts Taylor and looks to her for protection. After enduring what Turtle must have
endured to be found in the state Taylor found her in, it would seem to me totally unjust
and illogical to award custody to anyone but Taylor. And the Cherokee Nation is not
simply being left out in the cold by this decision. Under the court’s terms, and in full
agreement with Taylor, Turtle will be spending time with tribal members regularly in
order to grow up knowing the customs and traditions of her native people.
EPI 0004
Debra Hope
Debriefing Plan and Coaching Questions
Review of Student-Generated Solutions
Both sides in the court case Taylor Greer vs Cherokee Nation have rested their cases, and the
jurors have been deliberating. They have reached a stalemate, however, with six voting for each
side in the custody battle. Both groups have come up with a different solution and, with the aid
of evidentiary materials presented by the two sides arguing the case, will present these to the
spectators. The spectators, which during the court proceedings consisted of Ms. Hope’s secondperiod class (except for the six who had roles), will now be joined by the players in the court
drama, who have all vowed to use the utmost objectivity in their decision-making.
Each group of jurors has prepared a statement of their solution, and these have been placed on
the whiteboard at the front of the classroom where the spectators can see them. Each of the
groups is well prepared for the presentation and includes two presenters to explain the solution
and display visual aids, two recorders to write pros and cons under the solution on the
whiteboard, and two to answer questions from the spectators.
Rating of Solutions
Each spectator is given a ballot that contains two rubric-like boxes (see attachment), one for each
of the solutions presented. Spectators are allowed to ask questions at the end of each
presentation, using the proper decorum of raising their hands and being recognized by the
designated question-takers of each juror group before speaking. Spectators will record their
opinion for each question listed for each of the solutions on their ballots by placing an X in the
appropriate boxes. The ballots will be collected at the end of the presentation by Ms. Hope.
Principal Slacum has graciously agreed to continue in his role of judge. He and Ms. Hope will
tabulate the points from the ballots. Mr. Slacum will announce the “verdict” of the spectators. If
there is a tie, he will moderate discussion and questions amongst spectators and jurors and will be
the final determiner of the outcome.
Required Coaching at End of Debriefing Session
After Mr. Slacum has announced the outcome of the vote, Ms. Hope and her first period class
thank him and the second period class for their participation. The second period class will have
their own coaching session at the end of their capstone performance, so they won’t need to stay.
And Mr. Slacum has played the role of judge for several days now, and it is time for him to get
back to his role of Principal.
To round out the PBL lesson, Ms. Hope now asks her class several questions. She doesn’t need to
do much prompting to get students going. This has turned out to be a very exciting project, and
emotions are high following the “verdict.” A lively discussion ensues:
1. What resonated with each of you personally while reading the book and while preparing
for and acting out your part in the courtroom? Was there an event in the story that you
could particularly relate to? How would you handle a similar situation? (LO#2)
2. What are some of the specific events that led to the present location and status of the
Cherokee Nation? How could the original settlers in this country have better approached
their relations with the Native Americans? What is being done to preserve Native
American culture in our country? (LO#3)
3. Why were Estevan and Esperanza reluctant witnesses at the trial? What are some of the
other problems illegal aliens face in this country? What would you do to help Estevan
and Esperanza? (LO#3)
4. What did you learn in the process of researching Need-to-Know questions? Was there
anything that surprised you? What more would you like to know that you didn’t learn in
this lesson? (LO#1)
5. What resource materials did you find most helpful in your research? What else might
have helped you? (LO#1)
At the end of the discussion she gives each student a handout with the questions they have just
discussed printed on it. She asks the students to consider the various responses in the discussion
and write an answer of their own to each of the questions. Answers don’t have to be long but
do need to be complete (e.g. no sentence fragments – at least one or two complete sentences per
each answer). If students want to answer the questions at length they are welcome to do so. It
is understood that many students may have a lot to say about one or more of the subjects
discussed. Answers are to be handed in at the next class.
Coaching Questions Throughout Lesson
c = cognitive m = metacognitive e = epistemic
1. Meet the Problem
c – Have you ever dealt with a problem like this before?
m – How can you strategize to meet this problem?
e – Is the court the best body to decide the future of a child?
2. Know/Need to Know Board
c – What facts show that Turtle is better off with Taylor?
c – What facts show that Turtle is better off with the Cherokee Nation?
c – What do you know now that you didn’t know before?
m – How will you find out why it is so important to the Cherokee Nation that they keep
Turtle?
e – How long must a people pay for the sins of the fathers?
3. Problem Statement
c – How are we going to determine who gets custody of Turtle?
m – What types of resources are we going to look for in order to weigh the pros and
cons in Turtle’s situation?
e – What are the “best interests” of a child?
4. Research
c – Why does the Cherokee Nation want Turtle?
m – What is important for me to know about the history of the Cherokee Nation?
e – Who does this country belong to?
5. Generating Possible Solutions
c – What will happen to the Cherokee Nation if Turtle is not given to them?
c – What will happen to Taylor if she is not allowed to keep Turtle?
m – What is the most objective way for me to look at this problem?
e – Is it essential that a child be brought up by parents/relatives?
Ballot
First Solution: Taylor is given full custody of Turtle. In order for her to be fully aware of
her Cherokee heritage, however, Turtle will spend time regularly with a Cherokee family
of the elders’ choosing, with arrangements for scheduling agreed upon by the family and
Taylor.
Question
Yes
Uncertain
No
Is the outcome
beneficial for Turtle?
Are rights of the
Cherokee Nation
upheld?
Is the outcome fair to
Taylor?
Second Solution: The Cherokee Nation is given full custody of Turtle. However, Taylor
has visitation rights, to be agreed upon by the family with whom the elders wish her to
belong, and Taylor.
Question
Is the outcome
beneficial for Turtle?
Are rights of the
Cherokee Nation
upheld?
Is the outcome fair to
Taylor?
Final Consideration:
Yes
Uncertain
No
Question
Is it appropriate to
weigh the needs of
one child against the
historical issues of an
entire tribe?
Yes
Uncertain
No