Schools

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Juvenile Defender Advocate Amicus Brief, CYAP v. Wilson

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Pretrial Juvenile Detention

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From the abstract: “Roughly one in four juveniles arrested in the U.S. spend time in a detention center prior to their court date. To study the consequences of this practice for youth, we link the universe of individual public school records in Michigan to juvenile and adult criminal justice records. Using a combination of exact…

Student Arrests in Allegheny County Public Schools: The Need for Transparency and Accountability

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From the introduction: “One of our goals in producing this report is to inform school administrators, board members, and parent and student stakeholders, giving details about which groups of students are disproportionately arrested and about the gaps that exist in data reporting. We also want to provide guidance on how to address these issues. We…

[Connecticut] Manson Youth Institution: Investigation 

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On December 21, 2021, the DOJ released its investigation of the Connecticut Manson Youth Institution, finding that the conditions violate young people’s rights under the Eighth and Fourteenth Amendments and the Individuals with Disabilities Education Act. In its Investigation, the DOJ stated “specifically, we find that Manson’s isolation practices and inadequate mental health services seriously…

J.S. v. Manheim Township School District, 669 Pa. 536 (Pa. 2021)

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[District of Columbia] Charles H. and Israel F. v. D.C. – U.S. Statement of Interest

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On May 26, 2021, the DOJ filed a Statement of Interest in a federal class action lawsuit on behalf students confined in the DC Jail during the Covid-19 pandemic, alleging violations of the Individuals with Disabilities Education Act (IDEA). The DOJ asserted that “[s]tudents with disabilities do not forfeit their right to special education and…

ACLU and ELC Amicus Brief, J.S. v. Manheim Township School District

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Stories & Numbers: Promoting School Safety for LGBTQ and All Students

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Using Student Data to Identify Future Criminals: A Privacy Debacle

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This article from Education Week examines the implications of the Pasco County sheriff’s office in Florida using  school data and records from the Department of Children and Families to create a list of students that were “at-risk for a life of crime.” Data privacy experts shared with the media that the actions of the Sheriff’s…

 Grimm v. Gloucester Cty. Sch. Bd., 972 F.3d 586 (2020)

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Brief of Amici Curiae the National PTA, GLSEN, Am. Sch. Counselor Ass’n, and Nat’l Assoc. of Sch. Psychologists in Support of Gavin Grimm

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The Construction and Criminalization of Disability in School Incarceration

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This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized condition that is…

School Discipline, Safety, and Climate: A Comprehensive Study in New York City

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From the executive summary: ‘This comprehensive study of 804 New York City public middle and high schools sought to isolate the independent impacts of suspension, as well as to disentangle the effects, if any, of student, school, and neighborhood characteristics. Conversely, the study also explored the relationship of restorative justice and other positive practices to…

[Mississippi] Leflore County Juvenile Detention Center: Closing Letter

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On June 26, 2019, the DOJ closed its investigation of the Leflore County Juvenile Detention Center. In its closing letter, the DOJ stated “[w]e recognize that the state has made many improvements at the Detention Center School over the course of our involvement. . . . Specifically, the Detention Center School has made strides to…

Juvenile Justice and Delinquency Prevention Act (JJDPA)

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[Florida] H.C. v. Bradshaw – Settlement Agreement

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On November 15, 2018, a joint settlement was reached to address the conditions of confinement in Florida’s Palm Beach County Jail. The settlement agreement outlines comprehensive changes in the facility, including giving young people time and access to appropriate recreational activities outside of their cells during school hours. The settlement also limits the amount of…

[Florida] H.C. v. Bradshaw – U.S. Statement of Interest 

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On October 1, 2018,  the DOJ filed a Statement of Interest in a federal class action lawsuit on behalf of young people confined in Florida’s Palm Beach County Jail. The DOJ highlights the protections afforded to students with disabilities under the Individuals with Disabilities Education Act (IDEA), and the “independent and shared” responsibilities and obligations…

American Academy of Pediatrics Statement Ensuring Comprehensive Care and Support for Transgender and Gender Diverse Children and Adolescents

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Smart, Safe, and Fair: Strategies to Prevent Youth Violence, Heal Victims of Crime, and Reduce Racial Inequality

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[Florida] H.C. v. Bradshaw – Complaint

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On June 21, 2018, a federal class action lawsuit was filed on behalf of young people confined in the Palm Beach County Jail, alleging violations of their 8th and 14th Amendment rights under the U.S. Constitution. The plaintiffs are youth whose cases have been direct-filed in adult court in Palm Beach County, Florida. The complaint…

[South Carolina] Kenny v. Wilson – U.S. Statement of Interest 

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On November 28, 2016, the DOJ filed a Statement of Interest in response to a lawsuit filed in South Carolina, challenging two state statutes as void for vagueness in violation of the Due Process Clause. The lawsuit alleged that the vague language in the statute resulted in the criminalization of common youthful behavior, racial disparities,…

[Mississippi] Leflore County Juvenile Detention Center: Investigation (2016)

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On January 12, 2016, the DOJ released its second investigation findings on the Leflore County Juvenile Detention Center in Greenwood, Mississippi. The DOJ found “reasonable cause to believe that the provision of special education and related services at the Detention Center violate the federal rights of children under IDEA.” Specifically, the DOJ stated, “Our investigation…

[Kentucky] S.R. v. Kenton County – U.S. Statement of Interest

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On October 2, 2015 the DOJ filed a Statement of Interest in a federal lawsuit on behalf of two students who were seized and handcuffed by a school resource officer (SRO), alleging violations under the Fourth and Fourteenth Amendments and Title II of the Americans with Disabilities Act (ADA). The DOJ asserted that the Sheriff’s…

[Mississippi] City of Meridian, County of Lauderdale, and State of Mississippi: City Settlement Agreement 

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On September 18, 2015, the U.S. Department of Justice entered into a settlement agreement with the city of Meridian to address the practice of arresting students in schools. The settlement agreement includes provisions that limit school-based arrests, including “for behavior that is appropriately addressed as a school discipline issue, including incidents involving public order offenses…

[Puerto Rico] Juvenile Facilities in the Commonwealth of Puerto Rico: Investigation 

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On August 6, 2015, the DOJ released an updated findings letter on several juvenile facilities in Puerto Rico. The DOJ finds that young people confined in juvenile facilities face substantive due process and equal protection violations, in addition to infringements to their federal rights under the Individuals with Disabilities Education Act and the Rehabilitation Act…