Spotlight on 2014 Legal Fellow Whitney Knox

Whitney.headshotSpotlight on 2014 Legal Fellow Whitney Knox

WHITNEY KNOX, Seattle University School of Law ’13, was recently named the Urban Youth Justice/RITA Project Legal Fellow for the Racial Impact Transparency & Accountability Project (RITA Project) of the Urban Youth Justice Initiative. The fellowship allows rising 3L and post-graduate students the opportunity to conduct substantive legal research in the area of youth justice and civil rights and shared authorship of a subsequent report published to the community stakeholders, including policymakers and legal advocates.

The RITA Project conducts rigorous detailed research and analysis of public institutional policies and practices to identify patterns of disparate racial/ethnic impact and identify key systemic points that produce disparate outcomes for youth and young adults of color.  The research goal is that the transparency and awareness from exposing systemic disparate impact will promote accountability for multi-level systemic change by identifying unique & distinct advocacy opportunities at different systemic stages and/or youth contact points. Upon completion, all reports generated from the UYJ/RITA Project Fellowship are made available online at: http://www.UrbanYouthJustice.org

As the Winter/Spring 2014 Law Fellow, Knox focused her research and analysis on the racial impact of fare enforcement in public transportation, including assessing the risk for racial disproportionality through application of the current fare enforcement rules, regulations, policies and practices.

“Whitney was given the purpose of the research project with discretion to articulate the means and parameters of her work, specifically to encourage her own vision, and Whitney took that discretion and ran with it. Whitney has demonstrated amazing leadership and self-initiative that laid a significant foundation and made a stellar contribution to our racial justice work that other RITA research associates will benefit from and collaboratively build upon,” said Ernest Saadiq Morris, director of Urban Youth Justice.

After completing her Fellowship, Knox is moving on to a staff attorney position with the Georgia Legal Services Program providing legal services to underrepresented populations in SW Georgia.

We talked to Whitney about her background and her fellowship experience with UYJ’s RITA Project:

Why did you pursue the legal Fellow opportunity with the UYJ/RITA Project?

I pursued the fellowship with the RITA project because of my interest in helping to uncover inequity issues in the Seattle and King County area. As a native Seattleite, the systemic issues that the UYJ and RITA projects address are of great concern to me and in some cases are issues that have directly impacted my life or the lives of those close to me.

How was your experience as the UYJ/RITA Project Legal Fellow?

I appreciate the time that I spent working as a UYJ/RITA Fellow. I was given the opportunity to research pertinent issues that were interesting and important to me. As a post-graduate Fellow, my work allowed me to put into practice skills that I learned and developed throughout law school. While I was given clear parameters for my research, I was also afforded broad discretion to put together a research plan that worked for me. Furthermore, the legal issues that I researched, although specific to Washington and 9th Circuit jurisprudence, are certainly not unique to this jurisdiction. My research set a firm foundation for me to build on as I continue to work in public interest lawyering throughout the United States. Working with UYJ was a great culmination to my formal education and start to my legal career.

Do you have any advice to student who are pursuing public interest legal careers?

My advice is to take advantage of experiential learning opportunities as much as possible. It was my experience that the courses I thought to be useful for the type of advocacy I wanted to do were offered infrequently and were difficult to get into when they were offered. As a result, through Seattle University’s Externship Program, I opted to spend a heavy majority of my third year in the field, working with attorneys and clients on real legal issues. This practice and exposure to the law and legal issues faced by target populations helped me to narrow my legal interests as well as provided a forum where I could practice and further develop new lawyering skills. I feel that It was these experiences that made me a competitive job applicant and has allowed me to hit the ground running as I begin my career in public interest lawyering.

School Choice Discrimination Leaves No Choice for Vulnerable Students of Color

Published on Dignity In Schools (http://www.dignityinschools.org)

By Ernest Saadiq Morris, Urban Youth Justice

The choice before human beings, is not, as a rule, between good and evil but between two evils. -George Orwell

School Choice programs, including school vouchers, charter and magnet schools, are not the egalitarian antidote for the historical inequality and discrimination entrenched within the U.S. public education system.

The term school choice is commonly used by corporate education reformers as a grotesque misnomer to disguise their attempted end-run around the U.S. Supreme Court’s seminal recognition in Brown v. Board of Education(1954) of the constitutional right of all children to equal educational opportunity, based upon the absolute rejection of the “separate but equal” concept of segregated public education.

School choice programs encourage privatized outsourcing of public education that increases academic segregation based on race, disability, language and poverty that undermines equal educational opportunity.

Youth of color labeled as “high need” or “difficult” students, i.e., those struggling academically, English learners, and those with special needs or disabilities, are disproportionately excluded by school choice programs, particularly charters that deny them enrollment by cherry-picking students using selective student admissions methods, e.g., screening interviews or assessment tests.

Even after enrollment, no child is safe from selective “student-dumping” attrition, from either deliberate discriminatory pushout practices targeting low-performing or “difficult” students, or deliberate indifference of inflexible teaching pedagogy, such as rigid testing practices, that makes lower-performing students more likely to dropout.[ see March 2011 Report – What Makes KIPP Work? A Study of Student Characteristics, Attrition, and School Finance].

Equally alarming is the ability of school choice programs to disguise their direct causal connection to the academic segregation and isolation of disadvantaged Black and Latino students (i.e., English Learners, students with disabilities, and those with poverty-based needs, e.g., homeless youth and free/reduced lunch qualifiers) away from most white students.

A recent analysis by The Civil Rights Project at UCLA of school choice in San Diego public schools found that school choice, i.e., open enrollment and charters, resulted in substantial academic re-segregation. A local reporter’s coverage detailed how diverse, mixed-race San Diego neighborhoods still contain segregated public schools , because school choice tends to isolate Black and Latino students away from white students. These segregated schools not only fail to reflect the diversity of their surrounding community, but the test-based performance of their segregated student population predictably reinforces the racial achievement gap.

School choice vouchers are egregious enablers of academic discrimination, increasingly promoted with false promises of empowering low-income families to obtain educational equity at private schools paid for by public dollars. However, research often indicates low-income urban public school students benefit less from vouchers than pre-existing private school students that opportunistically subsidize their current tuition with public dollars.

Private voucher schools undermine the financial health of traditional public schools by serving significantly less students with diverse academic and social challenges, largely due to intentional practices by which they conveniently avoid and exclude the students needing the most expensive remedial services or resource commitment. In Milwaukee, private voucher schools’ overwhelming rejection of students with special needs or disabilities was evidenced by only 1.6% of all private voucher school students having documented disabilities compared to 20% within the traditional Milwaukee Public Schools system, resulting in the filing of a complaint with the U.S. Department of Justice by Disability Rights Wisconsin and the ACLU.

The systematic rejection of high need students by private school choice programs creates a disproportionate burden on under-resourced traditional public schools, resulting in a defacto separate and unequal dual system of education, that undermines the educational opportunity of all students that remain within an unfairly distorted learning environment.

This intentional, calculated starvation of resources weakens the traditional public schools that educate the vast majority of these vulnerable students. Meanwhile, the intense scrutiny of federal Race to the Top guidelines and test-based performance standards demonizes any lack of progress under this manufactured duress, further justifying the continued privatization of K-12 education and slashing of education budgets.

This cynical process is designed to yield only one conclusion – the traditional concept of free, quality public education must die.

The unchecked proliferation of false school choice programs will usher in a devastating redistribution of public education resources from the largest urban school districts into the hands of private education profiteers, without built-in civil rights protections, public accountability, or transparency to prevent academic segregation based on race, disability, language and poverty. Students of color, whom disproportionately rely upon traditional public education as a lifeline to the American Dream, will find this path to their aspirations abandoned, along with the Brown v. Board legacy of equal educational opportunity for all children.

All in the name of school choice.

Ernest Saadiq Morris is a youth rights advocate, civil rights and liberties lawyer, and founding director of the public education and advocacy initiative, Urban Youth Justice. He has been defeating the school-to-prison pipeline since 2004, including coordinating the largest successful mass student defense to-date (Round Rock, Texas 2006-2007). You can follow Urban Youth Justice daily on Facebook and Twitter.

*Available Now* The Color of Education podcast: Academic Segregation: Milwaukee School Vouchers vs. Special Education/Special Needs/Disability Youth

Academic Segregation: Milwaukee School Vouchers vs. Special Education/Special Needs/Disability Youth

LISTEN HERE:

Join host Ernest Saadiq Morris, Esq. of Urban Youth Justice in a conversation with Jeffrey Spitzer-Resnick, managing attorney of Disability Rights Wisconsin, and Courtney Bowie, senior attorney of the ACLU Racial Justice program, regarding their civil rights complaint to the U.S. Justice Department against the Milwaukee school vouchers program–for its exclusion of students with special needs & disabilities from enrollment in private voucher schools.

They examine how all students left behind in Milwaukee’s public schools face the negative effects of a segregated learning environment.

They also discuss how disadvantaged communities of color are publicly funding this educational discrimination that undermines their own struggle for community justice and educational equality.

NEW PODCAST Available for Download/Streaming*Urban Youth Justice Presents: The Color of Education-Academic Segregation:Milwaukee School Vouchers vs Special Ed Youth

NEW PODCAST Available for Download/Streaming*Urban Youth Justice Presents: The Color of Education-Academic Segregation:Milwaukee School Vouchers vs Special Ed Youth.

Urban Youth Justice presents: The Color of Education – Academic Segregation:Milwaukee School Vouchers vs Special Education/Special Needs/Disability Youth

Urban Youth Justice presents: The Color of Education – New School Segregation Series: Milwaukee School Vouchers vs. Special Education/Special Needs/Disability Youth

Join host Ernest Saadiq Morris, Esq. of Urban Youth Justice in a conversation with Jeffrey Spitzer-Resnick, managing attorney of Disability Rights Wisconsin, and Courtney Bowie, senior attorney of the ACLU Racial Justice program, regarding their civil rights complaint to the U.S. Justice Department against the Milwaukee school vouchers program–for its exclusion of students with special needs & disabilities from enrollment in private voucher schools.

They examine how all students left behind in Milwaukee’s public schools face the negative effects of a segregated learning environment.

They also discuss how disadvantaged communities of color are publicly funding this educational discrimination that undermines their own struggle for community justice and educational equality.


 

Urban Youth Justice Presents: The Color of Education-Chicago’s “Arresting Justice” for Black & Latino Youth w/ Mariame Kaba of Project NIA– NEW PODCAST Available for Download/Streaming


Urban Youth Justice presents: The Color of Education – Chicago’s “Arresting Justice” for Black & Latino Youth w/ Mariame Kaba of Project NIA.

Join Ernest Saadiq Morris of Urban Youth Justice and Mariame Kaba of Project NIA as they examine the high arrest rates of Chicago’s Black & Latino youth and its harmful effect on their communities.

They also discuss community solutions to reduce the role of disproportionate minority youth contacts with police and the school-to-prison pipeline as the New Jim Crow gateway to mass incarceration.

LISTEN HERE:

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Go to the show page for this episode of The Color of Education

Special Ed Warehousing: Special Education Means No Education for Many Youth Of Color

Published on Dignity In Schools (http://www.dignityinschools.org)
By Ernest Saadiq Morris, Urban Youth Justice

“We come then to the question presented: Does segregation of children in public schools solely on the basis of race […] deprive the children of the minority group of equal educational opportunities? We believe that it does.” – U.S. Supreme Court, Brown v. Board of Education(1954)

Corporate education reformers have imposed an unrealistic goal of achieving a standardized “lock-step” performance from diverse student populations that many public school districts have adopted and thus cultivated a toxic combination of pressure and bias.

The pressure from high stakes test-based performance assessments leaves no incentive for teachers and administrators to invest general education class time for individualized attention or to implement diverse culturally responsive teaching methods. Therefore, a student that falls behind academically is at high risk of being labeled and stigmatized as a “slow learner” and falsely placed in special education or an inferior academic track.

As a result, the labeling of youth of color as “difficult-to-teach” as the basis for a special education referral is a far too easy pretext for implicit cultural bias or self-serving classroom management. At-risk youth of color demonstrating verbal defiance, physical aggression or inattention can often be corrected through supports within a general education setting, as well as better teacher training in culturally responsive methodology, instead of special education referrals.

Special education warehousing of Black youth and other youth of color is rampant in too many urban school districts. Special education warehousing is the disproportionate removal of youth of color from general education classrooms through referrals to special education classrooms that segregate them from the student population. Disproportionality occurs when the percentage of Black youth in special education —or a similarly situated special education subgroup, such as Latino/Hispanic English Language Learner students— is not proportionate to their percentage in the school or district’s general population.

This practice is similar to the post-Brown v. Board era practice of discriminatory labeling of Black and Latino students as mildly retarded in order to dump them in segregated classrooms — in an attempt to avoid the legally required integration of public schools. This practice was eventually prohibited by multiple lawsuits.

In Houston, Texas, a Fall 2010 audit commissioned by School Superintendent Terry Grier revealed that a majority of the Houston Independent School District(HISD)’s 16,386 special education students are Black youth. Worse, their placement was based on disproportionate labeling of Black students as mentally retarded and emotionally disturbed. Hispanic English Language Learner students were similarly over-identified for special education placement in junior high and high school grades suggesting that they received inadequate language assistance in elementary grades that resulted in false special education labeling in the later grades.

Likewise, Austin ISD Superintendent Meria Carstarphen commissioned a report which found that its African-American students were overrepresented within special education programs. Black youth made up only 12 percent of all enrolled student, yet were identified as 24 percent of students labeled with intellectual disabilities and 33 percent of students labeled as having an emotional/behavioral disability.

In May 2010, the Palo Alto Unified School District was issued a notification letter by the California Department of Education as one of 17 seventeen school districts statewide that had “significant disproportionality” in its special education referrals of Black and Latino youth. For instance, one district middle school placed 55 percent of its Latino students and 33 percent of its Black students in special education in 2009-2010.

Federal law requires that all K-12 students with disabilities receive a Free Appropriate Public Education (FAPE) in the least restrictive environment. Even for falsely labeled special education youth of color, the denial of that labeled student’s FAPE is a serious matter. Furthermore, special education warehousing of urban youth of color often involves an inferior, non-remedial educational curriculum with uncertified or inexperienced teachers within an isolated and/or segregated environment. The Georgia Department of Education’s 2009-2010 special education annual report verified that African-American students are overrepresented statewide in special education classrooms. According to the report, African-American students make up 47% of students labeled with Emotional Behavioral Disorders and 57%of the students with Intellectual Disabilities. The report also noted that Black students are more likely to be isolated in a special education classroom away from their general education peers. Racially disproportionate segregation is evidence of the denial of the FAPE guarantee to Black special education students and a violation of federal law.

Zero tolerance discipline combined with high stakes testing increases the discriminatory impact of the School-to-Prison Pipeline on the educational results and criminal justice consequences for special education students of color. African-American and Latino students, as well as special education students, each separately face disproportionate rates of disciplinary referrals. Accordingly, special education students of color face dual risk of higher rates of disciplinary referrals for suspensions, alternative school assignments, and expulsions, which correlate to lower graduation rates. Thus, the discriminatory impact of disproportionate special education placement of youth of color not only constitutes denial of a quality education but also increases the risk of referrals to the criminal justice system and future incarceration.

Ultimately, special education warehousing, i.e., the disproportionate placement of youth of color in special education, undermines the post-Brown v. Board meaning and purpose of public education. It is the modern manifestation of the Jim Crow origins of separate and unequal education discrimination that perpetuates race-based structural barriers to equal educational opportunity. Education reform should not be a proxy for the continued marginalization and criminalization of Black youth and other youth of color due to the pursuit of a standardized performance that encourages structural inequality and implicit bias in special education referrals and school discipline.

Ernest Saadiq Morris is a youth rights advocate, civil rights and liberties lawyer, and founding director of the public education and advocacy initiative, Urban Youth Justice. You can follow Urban Youth Justice daily on Facebook and Twitter.

The Zero Tolerance Targeting of Philadelphia’s Black & Latino Youth Exposed

The Zero Tolerance Targeting of Philadelphia’s Black & Latino Youth Exposed

By Ernest Saadiq Morris, Urban Youth Justice Initiative

The Advancement Project partnered with Youth United for Change and the Education Law Center to release a (January 2011) joint report, Zero Tolerance in Philadelphia: Denying Educational Opportunities and Creating a Pathway to Prison. The report explains how the Philadelphia Schools’ systematic Pushout of Black and Latino students has reached genuine crisis levels by widespread, discriminatory use of zero tolerance discipline. In September 2010, a Philadelphia Schools task force found that low graduation rates of Black(45%) and Latino boys(43%) were tied to their personal feelings of being pushed out and disrespected by zero tolerance policies and class methods. The Advancement Project report further details how harsh zero tolerance discipline relying primarily on school removal (i.e., suspensions, expulsions and disciplinary transfers to alternative schools) is applied to Black and Latino youth at a rate far higher than their white peers for the same behavior, contributing to their academic achievement gap and low graduation rates. The report also connects the dots between the targeting of Philadelphia’s Black and Latino youth with harsh zero tolerance discipline and resulting disproportionate school-based arrests and referrals to law enforcement of these youth of color. First, the report indicates the armed camp approach taken by Philadelphia Schools:

To put Philadelphia’s school security force in perspective, the number of school police, resource, and security officers per student is over ten times higher in the District than it is in the rest of the state.

It is the reliance of zero tolerance discipline upon the heavy hand of law enforcement and, ultimately, the court system that results in a school environment that resembles a police state. As the report explains further:

[S]chools have increasingly delegated school disciplinary responsibilities to law enforcement personnel.[] Thus, school-based officers are frequently made aware of student behaviors that they likely would not have known about if they were not present in the school. Because criminal laws are so vague (for example, offenses like “disorderly conduct” encompass a huge range of conduct, and “assaults” can include even the most trivial skirmishes between elementary school students), students are routinely arrested for the same behavior that was treated much more leniently and effectively prior to the rise in law enforcement presence within schools.[]

This resulting increase in school-based contacts between youth and police disproportionately impacts Black and Latino youth, thus leading to their disproportionate contacts with the juvenile/criminal justice system and disproportionate incarceration rate. Just as Michelle Alexander cautioned in her book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, that:

The impact of the new caste system is most tragically felt among the young. In Chicago (as in other cities across the United States), young black men are more likely to go to prison than to college.[] … The young men who go to prison rather than college face a lifetime of closed doors, discrimination, and ostracism. …. Sadly, like the racial caste systems that preceded it, the system of mass incarceration now seems normal and natural to most, a regrettable necessity.

This report demonstrates how Philadelphia Schools, like so many urban school districts, are a willing partner in the mass incarceration of Black and Latino youth and should be held accountable by all community stakeholders.

Ernest Saadiq Morris is founding director of the public education and advocacy initiative, Urban Youth Justice; a youth rights advocate/ youth empowerment speaker; and civil rights & liberties lawyer. You can follow Urban Youth Justice daily on Facebook and Twitter.