An Introduction to

Chicago School Expulsion Hearings

November 4, 2005

Bluhm Legal Clinic

Children’s Law Pro Bono ProjectChildren and Family Justice Center

Contents1. The Children’s Law Pro Bono Project

2. Chicago School Expulsion Hearings

3. Next Step: How To Take a Case

4. Conclusion

1. The Children’s Law Pro Bono Project Bluhm Legal Clinic - 6 Centers:

Center for Wrongful Convictions Small Business Opportunity Center Center for International Human Rights Investor Protection Center Program on Civil Litigation Children and Family Justice Center (“CFJC”)

Pro Bono Project Under CFJC

CFJC : 9 Attorneys, 1 Social Worker

1. The Children’s Law Pro Bono Project

Goals of Pro Bono Project: Recruit, train, mentor, and support volunteer attorneys

Raise the level of advocacy

Offer holistic representation

1. The Children’s Law Pro Bono Project

Types of Cases CPS Expulsion Hearings

CPS Expulsion Appeals

Juvenile Delinquency

Juvenile Expungement

2. Chicago School Expulsion Hearings

Advantages to School Expulsion Cases 10-50 hours and short duration Limited discovery More likely to go to hearing 2 For 1 : Professional development & pro bono Do not have to be an attorney You can really make a difference

2. Chicago School Expulsion Hearings

Legal Framework Zero Tolerance Policies State and Federal Statutes and Case Law See NCLN Booklet Informal administrative proceeding Based on alleged violations of the Uniform Discipline Code Loosely follows the procedure of a criminal trial May present mitigating information

2. Chicago School Expulsion Hearings

Process Before Hearing Incident Arrest Incident Report Misconduct Report If special education student:

Manifestation Determination Review Meeting Individualized Education Program (“IEP”)

2. Chicago School Expulsion Hearings

Process Before Hearing (cont.)

Suspension (Up to 10 Days)

Referral from school to CPS Law Dept.: Request to Expel

Emergency Transfer to an Alternative School

Parent & student receive Notice of Expulsion Hearing Letter

2. Chicago School Expulsion Hearings

Process Before Hearing (cont.)

Continuance?

Parent, student or advocate calls the CFJC

Volunteer attorney gets case

Interview client

Investigation and discovery

2. Chicago School Expulsion Hearings

Process Before Hearing (cont.) If Special Education Issues:

File for Due Process & Expulsion Hearing on Hold Student in special education before incident Student not in special education before incident but should have been

receiving services

Settlement Negotiations with CPS Law Dept. SMART Program Stipulation on the record & settlement agreement

Dismissal?

2. Chicago School Expulsion Hearings

Preparing for Hearing: Interviewing Your Client

Attorney-client privilege

Bifurcated interview

Client Agreement and Consent Form Read through with them to see reading level

Stress cooperation and contact

2. Chicago School Expulsion Hearings

Preparing for Hearing: Interviewing Children

Use simple language Act out what occurred Go over story on different occasions (may not get whole

story from client / witnesses first time around)

2. Chicago School Expulsion Hearings

Preparing for Hearing:Investigation and Discovery Investigation is key! Visit the scene Use of prover – in case a witness changes his story Your notes of witnesses are discoverable in Juvenile Court

2. Chicago School Expulsion Hearings

Juvenile Court

Dismissed

Diverted

File Charges – Trial / Guilty Plea

2. Chicago School Expulsion Hearings

Hearing

CPS Building – 125 S. Clark St. – Basement

Conference Room

Tape Recorder

Hearing Officer

2. Chicago School Expulsion Hearings Hearing (cont.)

CPS’ Case Opening Witnesses (Eyewitness & School Administrator)

Direct by CPS Prosecutor Cross by Volunteer Attorney Re-directs & re-crosses

Student’s Case Opening Witnesses

Direct by Volunteer Attorney Cross by CPS Prosecutor Re-directs & re-crosses

Closings & Recommendations

2. Chicago School Expulsion Hearings After the Hearing

Hearing Officer Recommendation to the Chicago Bd of Ed

Waiting for Decision: 4-6 weeks

Decision from the Board

Can be expelled up to 2 years

Favorable Result: Expungement

Unfavorable Result: Appeal

3. Next Step: How To Take a Case

Intakes and Screening Procedures

E-mail with Cases to All Interested Volunteers

3. Next Step: How To Take a Case

Cases In Urgent Need of RepresentationNovember 3, 2005

1. T - 16-year-old boy: T is a junior in the gifted program, and he wants to go to Harvard. He has been having panic attacks since April of 2005. He took a large knife to school because he wanted to get noticed and hospitalized. He had no intention of hurting anyone. He had a panic attack and, when the security guard picked up his backpack to take it to the office, the knife fell out. He was taken to the police station and then to the hospital. He was not charged in Juvenile Court, because this was viewed as a mental health issue. Our social worker would be willing to help you with this case.Expulsion Hearing Date: November 7, 2005 at 1:00 p.m. CAN PROBABLY GET CONTINUANCE.

2. S - 17-year-old girl - S went to the homecoming dance, but called her mother to bring her another outfit because what she had on was not deemed appropriate. Mom, her sister-in-law, and her niece brought a new outfit over to the school. S met them in the parking lot, and a security guard and his wife asked them to move the car. Words were exchanged and a physical fight broke out. Mom, her sister-in-law, S, and the niece were arrested and charged. Now, CPS wants to expel S.Expulsion Hearing Date: November 9, 2005 at 10:00 a.m. CAN PROBABLY GET CONTINUANCE.

3. A - 10-year-old boy - A, three other boys, and a girl were on the roof of the school. All of the children are in the 4th grade. The girl says she was sexually assaulted by the boys. A admits he was on the roof but says he didn't do anything. The case was not referred to Juvenile Court.Expulsion Hearing Date: No Date Set Yet.

4. L - 17-year-old boy - The Chicago Public Schools want to expel L for "gang activities and gang affiliation" - essentially, "signing" and wearing rapper's clothes. He has had cases in Juvenile Court before, but he has been trying to stay out of trouble for the last couple of years. His probation officer is the one that contacted us because he thinks L is doing very well. The probation officer will be willing to come to the hearing and help whoever takes this case. L is also a gifted athlete.Expulsion Hearing Date: No Date Set Yet.

3. Next Step: How To Take a Case

Will Send You All Information on the Case

Samples and Support Always Available

Team of Volunteers for Each Case: Attorneys (suggest at least 2) Paralegals Administrative Assistants Summer Associates Others

4. Conclusion

Please Fill Out the Interest Form

Questions? : Contact Monica Llorente (312) 503-6606 M-llorente@law.northwestern.edu

Thank You!