Dismantling the School to Prison Pipeline

BY: Sherry A. Wilds
Staff Attorney
Disability Law & Advocacy Center of Tennessee

On June 27th and 28th 2008, over seventy attorneys and advocates from across Tennessee attended a collaborative training on the basics of defending juveniles and the use of a variety of innovative strategies in this defense. The first day of the training focused on efforts to stop the school to prison pipeline that has been overflowing in our state and across the country. Speakers emphasized the impact on children with disabilities who wind up in the juvenile system and provided attendees with strategies that can be used in court and with the schools to appropriately address disability-related behaviors using protections under the Individuals with Disabilities Education Improvement Act. The second day of training focused on the juvenile court process from arrest to disposition and ideas for systemic reform through collaborative efforts.

The collaborative theme of this training began in the planning stage with many agencies and groups recognizing the problems in the juvenile court system and the schools. These groups decided to work together on an interactive CLE to provide training and opportunities for tackling these tough issues together. The Administrative Office of the Courts (AOC) Court Improvement Program (CIP), Children’s Advocacy Network Lawyer’s Education Advocacy Resource Network (CAN-LEARN), Disability Law & Advocacy Center of Tennessee (DLAC), Tennessee Alliance for Legal Services (TALS), Tennessee Association of Criminal Defense Lawyers (TACDL), Tennessee Bar Association’s Access to Justice Committee (ATJ) and Juvenile and Children’s Law Section (JACL), and Tennessee Commission on Children and Youth (TCCY) contributed time, money, and effort to make this event a success.

Day one of the training had two presenters with experience in special education and juvenile justice. They addressed the way these two areas interrelate, often to the detriment of children with disabilities. Professor Joseph Tulman directs the UDC David A. Clarke Law School’s Juvenile and Special Education Law Clinic. His publications include articles regarding the unnecessary detention of children, and he co-authored and co-edited a comprehensive manual regarding the use of special education advocacy for children in the delinquency system that can be accessed at www.law.udc.edu.

Professor Tulman discussed the disparate impact of juvenile proceedings on children with disabilities. For example, the MacArthur Foundation reports that children with disabilities are 200% more likely to be arrested than nondisabled youth for comparable delinquent activity, are 220% more likely to be adjudicated than other children, and receive terms of incarceration an average of 2-3 more years than for children without disabilities but who have similar prior offenses. He then provided an overview of the Individuals with Disabilities Education Improvement Act emphasizing the rights of children with disabilities under the act and the legal mandates for schools in providing a free appropriate public education (FAPE) for these children. Next, Professor Tulman provided some practical strategies for defending children with disabilities by tying the school’s failure to appropriately address the child’s disability to the defense of that child in juvenile court. He went through the path of a delinquency case from intake through post-disposition, providing specific steps to raising defenses along the way and ensuring the child with a disability is getting treatment, special education, and services he needs. Finally, Professor Tulman addressed possible systemic strategies including litigation, training of court personnel and other professionals, integrating systems of care, and targeted case aggregation.

Ron Lospennato is the Director of Southern Poverty Law Center’s School to Prison Reform Project in New Orleans. From 1979 to 2007, he was the Legal Director of Disabilities Rights Center, Inc for New Hampshire’s Protection and Advocacy program. Mr. Lospennato was lead counsel in many cases involving the rights of children with disabilities including class actions resulting in sweeping reforms in systems serving children with disabilities.

Like Professor Tulman, Mr. Lospennato also provided some sobering statistics related to the overrepresentation of children with disabilities and minority students who are suspended in schools or incarcerated in the juvenile system. He presented multifaceted strategies used by the Southern Poverty Law Center in getting schools to implement school-wide Positive Behavioral Interventions and Supports (PBIS). Additionally, he provided attendees with a roadmap for finding the causes of schools’ noncompliance with federal law in providing education in the least restrictive environment, evaluations, transition plans, and educational benefit to students with disabilities. He then provided methods for attorneys and advocates to pushback when these children are referred to juvenile court or suspended. Some of these strategies included class administrative and other complaints to the Department of Education; federal, state, or administrative litigation; legislation reform; and organization through coalition building and cooperative agreements.

Day two of the training included a variety of distinguished speakers who addressed the nuts and bolts of the juvenile court process including specific examples, forms, samples of pleadings, and strategies for defense of juveniles. Much of the information was presented by panels of experts, and discussion was encouraged throughout the training. Dr. William Bernet with Vanderbilt University presented ways to use psychological or psychiatric evaluations and expert testimony throughout the defense process. The process from arrest through disposition was clearly explained by experienced panelists who included Christian Coder, Christina Kleiser, Mae Quinn, Jerry Black, Marie Farley, Holly Ruskin, Phillip Carrigan, Trish Hayes, and Rob Robinson. Both training days culminated in brainstorming and organizing sessions with attendees actively participating and leading the process. Evaluations from those who attended were positive and indicated a readiness to continue the strategies and coordinated efforts in their own regions of the state.

This training can be viewed on the TALS website.

Awards Recognize Efforts of Juvenile Courts in Tennessee

By Linda Warren Seely and Theresa Vay-Smith

On June 27th and 28th, the Juvenile and Children’s Law section cosponsored along with numerous other entities, including the Tennessee Commission on Children and Youth, the TBA Access to Justice Committee, and the Tennessee Alliance for Legal Services, an outstanding CLE event. This event, called “Closing the School to Prison Pipeline” was held at the Nashville School of Law over two days and featured speakers from across the nation. But just as all the sponsoring agencies sought to provide training on substantive issues for attorneys practicing in Juvenile Court in Tennessee, they also sought to honor the many Judges, Court Clerks, and other juvenile staff who bring professionalism and service to the attorneys and litigants in the system.

After Day One’s presentations, the participants and speakers were treated to a reception funded by the TBA Juvenile and Children’s law section and the Access to Justice Committee. During the reception, several outstanding Juvenile Judges and their staff were recognized for their innovations and changes to the practice of law in Juvenile Court. In particular, the section wanted to emphasize the enhanced professionalism brought about by these changes. The Mayor of Nashville, Karl Dean, appeared to speak a few words to the gathering in support of the efforts to further educational opportunities for all Tennesseans before the awards ceremony.

The Shelby County Juvenile Court was recognized for developing an office to assist pro se litigants. Staffed by attorney David Walker, this new initiative of Juvenile Judge Curtis Person has opened the Shelby County Juvenile Court to its citizens in a way it never has been before. Judge James Cotton was recognized for his contributions and his efforts to help establish a national parent training program in Scott County called the “Parent Project.” The program is a 10 to 16-week program designed specifically for parents of strong-willed or out-of-control adolescent children. The curriculum teaches concrete identification, prevention, and intervention strategies for the most destructive of adolescent behaviors (poor school attendance and performance, alcohol and other drug use, gangs, runaways, and violent teens). The “Parent Project” is typically presented in Schools, Police and Probation Departments, Mental Health Agencies, Churches and other Community Based Organizations.

In addition to establishing the “Parent Project,” Judge Cotton and his wife for years have paid for and held a Christmas party for all the foster care children in Scott County. Judge Cotton made sure every foster child in Scott County received a Christmas gift.

Judge Christie Little of Madison County was recognized for her support of the Pro Se class to instruct never married parents on how to enforce and secure visitation rights with their children; her nephew, Chris Fowler who is enrolled as a student at the Nashville School of Law was on hand to accept her recognition certificate. But by far, the biggest award of the evening went to the Knox County Juvenile Judge Tim Irwin and his staff. Judge Irwin was the guiding force behind what is now known as the Judge’s School in Knoxville. This school was created to give juveniles with little hope of graduating from high school the opportunity to earn their GED, secure employment and get their driver’s license. One of twelve graduates from the program was quoted in the local paper stating the program was a ‘godsend’ and “really helps my future”. Staff member Marie Bly was on hand to accept the award.

All of us who have or will practice law in Juvenile Courts and who care about enhancing the level of professionalism, about increasing services to children and families who find themselves caught up in the system, want to find ways we can make this Court work better for everyone. These Judges and their Courts have found a way to do just that and the agencies sponsoring the training are proud to honor them.

This Training was sponsored by the Administrative Office of the Courts (AOC) - Court Improvement Program (CIP), Children's Advocacy Network-Lawyer's Education Advocacy Resource Network (CAN-LEARN), the Disability Law & Advocacy Center of Tennessee (DLAC), the Tennessee Alliance for Legal Services (TALS), the Tennessee Association of Criminal Defense Lawyers (TACDL), the Tennessee Bar Association’s Access to Justice Committee (ATJ), the Tennessee Bar Association’s Juvenile and Children's Law Section (JACL) and the Tennessee Commission on Children and Youth (TCCY) .

Upcoming CLE: The Challenges of Representing Children

December 18, 8:30-11:45 a.m.

Location: Nashville, Tennessee Bar Center

Producers: Linda Warren Seely, Rae Anne Seay

Description: Representing children can create unique challenges for lawyers. This program will begin by addressing ethical questions that often arise from the various roles and case types that involve child clients. The second presentation will provide an overview of basic child development concepts and tips on how to effectively communicate with children at different developmental levels.

Credit: 1.5 general, 1.5 dual

To Register: call 800.899.6993 or online at
https://www.tnbaru.com/CLE/catalog_course_details.php?course=5808

Notice of Request for Proposals

The State of Tennessee has issued a Request for Proposals (RFP) to which your organization may be interested in responding with a proposal.

Brief Statement of Scope: The State intends to secure a contract for the provision of legal services to incarcerated students residing in the Woodland Hills & New Visions Youth Development Centers operated by the Department of Children’s Services (DCS).

RFS Number: 359.10-235

Procuring State Agency: Department of Children’s Services (DCS)

Anticipated Contract Term: January 1, 2009 through June 30, 2013

Proposal Deadline: Tuesday, October 28, 2008 @ 2:00 p.m.

RFP Coordinator: Lisa Love
State of Tennessee Dept. of Children’s Services
Office of Contracts and Grants Administration
Cordell Hull Building, 7th Floor
436 Sixth Avenue North
Nashville, TN 37243-1290
Tel: 615-532-2255
Fax: 615-244-8969
Email: Lisa.Love@state.tn.us

To receive a copy of the RFP, please contact Lisa Love (see contact info above) or you may download from the internet at http://www.state.tn.us/finance/rds/ocr/rfp.html