Tag Archives: discrimination law

InCity Voices

School discipline, discrimination and justice

By Gordon Davis

Worcester County District Attorney Joseph Early held a conference on the issue of justice in the public education system. It was not what I expected.

The main speaker was Richard Cole, an attorney consultant on the issue of Education Law. He focused his talk on his perception of a possible conflict between the recent Massachusetts statutes establishing regulations for the suspension of students, M.G.L. Chap. 222, and the Federal regulations regarding Discrimination Law for schools which are found in Title IX.

Richard Cole
Richard Cole photos by Gordon Davis

The emphasis of the State regulations regarding suspensions is establishing rights for the students alleged to have violated school policy; the regulations are enforced by the Department of Elementary and Secondary Education (DESE).   

Federal discrimination laws are mainly written to protect the victims of discrimination and are enforced by the U.S. Department of Education’s (DOE) Officer of Civil Rights (OCR).

The DESE regulations provide guidelines for short-term and long-term suspension of students.

For students facing possible long-term suspension the State regulations provide: the right to a hearing, the right for a parent to attend the hearing, the right to be represented by a lawyer or advocate at the hearing, the right to his/her file, the right to provide evidence, the right to a recording of the hearing, and the right to appeal.  It is not clear whether the student facing suspension is actually suspended during the hearing or after the hearing.

Richard Cole 2
Learning about justice in the education system …

OCR regulations require not only the same rights for the alleged victim but also that the school creates an immediate plan for the safety of the victim. This safety plan is required to be made known to the victim. Not taking immediate action opens the school to liability under Discrimination Law.

So who is covered under discrimination laws?

Students in what are called protected classes are covered. A protected class is defined by legislation or regulation and includes race, sex, handicap, etc. Discrimination Law is not the same as the anti-bullying regulations. As a rule bullies are seen as non-discriminating harassers.
 
Recently in Lowell a Black student was elected class president at his high school. Subsequent to the election, he started to be cyber-harassed by White students using racial slurs. This case fell under both the DESE regulation and the OCR regulations, as the Black student was in a protected class and the White students were facing possible long-term suspension. The case was resolved when the White students apologized and the Black student and his mother accepted the apology. The White students were suspended for a short term and there was no hearing.

Mr. Cole talked mostly about sexual harassment. In these potential situations at school several things will happen: If there is a determination that a felony could possibly have been committed, then all of the DESE regulations are moot. The school can suspend immediately without a hearing. However, during the investigation, the school and the police are somewhat at odds when there is no determination of a criminal act. The hearing and investigation that is required for long-term suspension could interfere or taint the criminal case.

One thing I found discouraging is the statement by Mr. Cole that even if the victim or the alleged policy violator got a lawyer, many lawyers do not know well education laws,

Mr. Cole mentioned that most of us are not aware of basic concepts such as what is consent or respect or the consequences when these are lacking. He pointed to the young man in New Hampshire who went on trial for sexual assault of a 15-year-old underclass girl. He said these concepts should be better taught in elementary schools.

The issue of justice in the education system is a difficult one for all school systems; Worcester is not excluded. Unfortunately, I see that many people think that justice means more cops and criminal justice professionals in the schools.  Kids should be viewed in terms of education and as still maturing, instead of in terms of criminal laws.

Green Island Grrrl, InCity Feature, InCity Letters, Rosalie's Blog

Go, Gordon Davis, go!!!!!

The Pope, Reform and Revolution

By Gordon Davis

There was a forum in Worcester on Saturday (9/26) regarding reforms of society similar to that spoken about by the Pope of the Roman Catholic Church. The reforms included Basic Income, Education and Discrimination Law. There was also a discussion of whether these reforms could be achieved without fundamental changes in the economic and political systems.

Ruth Rodriguez, an Administrator for Opt-Out National, told the audience of about 20 people that the public education system in the United States has been hijacked by large corporations such as the Bill Gates Foundation and Walmart. These wealthy entities have passed legislation through a lobbying group called ALEC that have harmed the education of children in public schools. She pointed out that the standardized testing industry has not helped children to learn but has harmed children by creating conditions that cause the children to fail; these conditions being especially harmful to low-income children and children of color.  

Ms. Rodriquez also said that the money needed for public schools was being drained away by charter schools. “Charter schools did not have a better record of teaching children than public schoolThe Pope, Reform, and Revolution

On September 26, 2015 there was a forum in Worcester regarding reforms of society similar to that spoken about by the Pope of the Roman Catholic Church. The reforms included Basic Income, Education, and Discrimination Law. There was also a discussion of whether these reforms could be achieved without fundamental changes in the economic and political systems.

Ruth Rodriguez, an Administrator for Opt-Out National, told the audience of about twenty people that the public education systems in the United States has been hijacked by large corporations such as the Bill Gates Foundation and Walmart. These wealthy entities have passed legislation through a lobbying group called ALEC that have harmed the education of children in public schools. She pointed out that the standardized testing industry has not helped children to learn but has harmed children by creating conditions that cause the children to fail; these conditions being especially harmful to low-income children and children of color.  

Ms. Rodriquez also said the money needed for public schools was being drained away by charter schools. “Charter schools did not have a better record of teaching children than public schools,” Ms. Rodriguez asserted. She called for fully funded public schools and an end to the present policy of standardized testing.

Dr. Jason Burke Murphy, a college professor, described the program called “Basic Income.” The concept is every person would receive an amount of money that would be above the poverty level unconditionally. He said this would be an effective way of reducing poverty and actually saving government money. By “unconditional” Dr. Murphy explained that there would be no income qualifications (nor income qualification bureaucracy), no length of time worked qualifications (such as with Social Security) and no income tax qualifications (such with earned income credits).

There was a good back and forth on the proposal of Basic Income. Several people wanted to know where the money would come from. Dr. Murphy explained that the money was not dependent on the profits of corporations as corporations pay little or no taxes. The money would come from the savings in the reduction of bureaucracy and the reduction of redundant military hardware.
 
Gwen Davis, a member of the Progressive Labor Party which co-hosted the forum with the Massachusetts Human Rights Committee, spoke on Black Lives Matter and the need to fight racism and sexism. She stated that modern day racism has its origins in capitalism and there was a need to abolish the profit systems and establish an egalitarian communist world where wage slavery is abolished.  Ms. Davis also talked about fighting racism in Worcester and indicated that the policy of arresting children by the police while at school has been found to be harmful to the children. She asserted that the practice was a part of the racist “school- to- prison- pipeline.” Ms. Davis said she was disappointed that Pope Francis did not address the issue of racism directly.

A member of Massachusetts Human Rights Committee told the audience that it was working to change the policy of the City of Worcester so that no child should be placed in handcuffs or arrested while at school unless there was clear and immediate danger of harm. The school administrators know where each child lives and her parents; if there is a need for intervention by the criminal justice system, the intervention should take place outside of school. The parents and child could then be summoned to court. The Mass. Human Rights Committee asked people to sign the petition to the Worcester City Council and the Worcester School Committee generally disallowing the arrest of children at school.

I am happy Pope Francis is speaking out on many issues, including his criticism of the misery caused by capitalism.  He has certainly upset the right wing in the United States and elsewhere.  Pope Francis has not spoken about the details of how to end the misery and other forms of oppression. I hope it is more than just talk-talk.  I suppose we have to depend on Dr. Murphy, Ms. Rodriguez, and Ms. Davis to do more than just  talk for us in Worcesters”, Ms. Rodriguez asserted. She called for fully funded public schools and an end to the present policy of standardized testing.

Dr. Jason Burke Murphy, a college professor, described the program called “Basic Income”. The concept is every person would receive an amount of money that would be above the poverty level unconditionally. He said this would be an effective way of reducing poverty and actually saving government money. By “unconditional” Dr. Murphy explained that there would be no income qualifications (nor income qualification bureaucracy), no length of time worked qualifications (such as with Social Security) and no income tax qualifications (such with earned income credits).

There was a good back and forth on the proposal of Basic Income. Several people wanted to know where the money would come from. Dr. Murphy explained that the money was not dependent on the profits of corporations as corporations pay little or no taxes. The money would come from the savings in the reduction of bureaucracy and the reduction of redundant military hardware.
 
Gwen Davis, a member of the Progressive Labor Party which co hosted the forum with the Massachusetts Human Rights Committee, spoke on BlackLives Matter and the need to fight racism and sexism. She stated that modern day racism has its origins in capitalism and there was a need to abolish the profit systems and establish an egalitarian communist world where wage slavery is abolished.  Ms. Davis also talked about fighting racism in Worcester and indicated that the policy of arresting children by the police while at school has been found to be harmful to the children. She asserted that the practice was a part of the racist “school- to- prison- pipeline”. Ms. Davis said she was disappointed that Pope Francis did not address the issue of racism directly.

A member of Massachusetts Human Rights Committee told the audience that it was working to change the policy of the City of Worcester so that no child should be placed in handcuffs or arrested while at school unless there was clear and immediate danger of harm. The school administrators know where each child lives and her parents; if there is a need for intervention by the criminal justice system, the intervention should take place outside of school. The parents and child could then be summoned to court. The Mass. Human Rights Committee asked people to sign the petition to the Worcester City Council and the Worcester School Committee generally disallowing the arrest of children at school.

I am happy Pope Francis is speaking out on many issues, including his criticism of the misery caused by capitalism.  He has certainly upset the right wing in the United States and elsewhere.  Pope Francis has not spoken about the details of how to end the misery and other forms of oppression. I hope it is more than just talk-talk.  I suppose we have to depend on Dr. Murphy, Ms. Rodriguez, and Ms. Davis to do more than just  talk for us in Worcester.