LGBT Youth Exist, are Overrepresented in the Foster Care & Juvenile Systems, and Deserve Protections

 

Despite campaigning on promises to protect and support the LGBTQ community, the Trump Administration has sought out to harm LGBT folks since his inauguration in 2017 weaponizing various policy initiatives and a cabinet of notoriously anti-LGBTQ politicians against the community. While largely aimed at LGBTQ adults, these attacks have also hurt LGBT youth. Despite making up only 9.5 percent of youth in the US, percent of LGBTQ Youth are disproportionality represented in both the Foster Care and Juvenile Systems. In a recent study of California youth grades 6-12, researchers found over 30% of youth living in foster care identified as LGBTQ. While not widely researched, it is estimated that 20% of all youth in juvenile justice facilities are LGB. Additionally, LGBT Youth are 120% more likely to experience homelessness. These youth are particularly vulnerable youth are in dire need of increased protections, and the incoming Biden-Harris administration is in an excellent position to provide just that.

The Obama administration did some work to help LGBT youth, including issuing anti-bullying guidance through the Department of Education and a Dear Colleague letter containing legal guidelines that reaffirmed the rights of LGBT youth in schools. These advancements, at the time seemingly indicative of progress tirelessly pursued by the LGBTQ community, were quickly stripped away by the Trump administration.
Trump Administration’s Harmful Policies Affecting LGBT Youth

  • The U.S. Departments of Justice and Education revoked the Obama Administration’s guidance detailing school obligations to transgender students under Title IX of the Education Amendments of 197
  •  Housing and Urban Development (HUD), withdrew two notices impacting LGBT people: the first requirement for emergency shelters receiving HUD funding to post information about LGBTQ people’s rights to access shelter safely, and the second being critical data collection and implementation guidelines for a homelessness prevention initiative targeting LGBTQ youth.
  • Department of Health and Human Services (HHS) attempted to remove language protecting the rights of LGBTQ folks to access programs funded by HHS including child welfare services and openly announced protections would only be granted to types of discrimination already banned by federal statute. In 2019, at the time of this announcement, discrimination based on sexual orientation and gender identity were not yet statutorily protected. Shortly thereafter the Trump administration issued a waiver to the same effect to the state of South Carolina, prompting outrage from the House Ways and Means Committee for the “intentional” violation of a congressional mandate to act in the best interests of children. The combined result of these actions was that otherwise qualified families could be turned away-with little to no recourse- from adopting or fostering youth from federally funded welfare programs on the basis of the prospective parent(s)’ sexual or gender identity, leaving LGBT youth with even fewer options for loving, affirming homes. HHS rule overturning Obama-era protections against LGBT discrimination in healthcare. The rule would have allowed the HHS to adhere to biological definitions of sex meaning male or female, completely disregarding an earlier regulation that accounted for an individual’s gender identity. Fortunately, a federal judge blocked the ruling stating that the move directly opposed the SCOTUS decision in Bostock v. Clayton County.
  • Ed Dept. memo that Bostock ruling doesn’t apply to children or Title IX cases (though the memo does state that Bostock may be used to guide cases depending on circumstance)
  • HUD allowance for discrimination against transgender individuals and youth in single-sex accommodations for homeless individuals.

Today, the Biden-Harris administration has the opportunity to step-up and help protect LGBT youth, and so far it looks like they might do just that. On his first day in office, President Joe Biden issued a sweeping executive order protecting LGBTQ folks from discrimination in schools, housing, the workplace and healthcare. Though the order falls directly in line with the June 2020 SCOTUS ruling in Bostock v. Clayton County, backlash from conservative and religious groups alike have begun, with both groups claiming their rights – or those of women – are being erased or threatened by the choice to uphold LGBTQ rights. While promises to pass the hotly contested Equality Act within the first 100 days of his presidency have recently been rescinded due to difficulties with a newly democratic senate, the Biden administration remains openly optimistic that the act will be passed sooner rather than later, codifying protection from discrimination based on sexual orientation and gender identity into federal law in the areas of federally funded programs and public accommodations which are not covered under the most recent executive order.

The Human Rights Campaign has set forth a list of demands for the new administration, which includes calls to protect LGBTQ youth in foster care, create a comprehensive federal definition of bullying which would include sexual orientation and gender identity, and an end to the violent practice of conversion therapy. This is especially important for LGBT youth, considering that in 2020, of the 10% of LGBT youth that reported undergoing conversion therapy, roughly 78% of them reported their experiences took place before age 18. The practice has long been debunked as an effective method of “therapy” and instead carries an increased risk of suicide for those who have been subjected to it. Once more, this risk is amplified in youth. The passage of the Equality Act would address this as well as the neglect and harm experienced by LGBT youth in foster care, homeless shelters, and the criminal justice system. Only time can tell for sure whether or not Biden will honor the promises to push for total equality made on the campaign trail, but to those watching closely, this presidential term already seems promising.

Thursday’s Children and the Law News Roundup

Judge Opens Door for Michigan Juvenile Lifers, ABC News

All Michigan inmates serving no-parole sentences for murder committed as juveniles are entitled to a chance at release, a judge said Wednesday, declaring that a landmark U.S. Supreme Court decision applies retroactively.

The decision by U.S. District Judge John Corbett O’Meara trumps a ruling last fall by the state appeals court, which said most people already behind bars wouldn’t benefit.

At issue in Michigan is how to follow a 2012 Supreme Court decision that struck down mandatory no-parole sentences for those who were under 18 when they committed crimes, mostly murder. The court said it’s cruel and unusual punishment. The state has more than 350 prisoners in that category.

Texas Media Won’t Say it, but Rick Perry’s Veto of Texting while Driving Ban Likely Saved Lives, Grits for Breakfast

Why might texting bans increase accidents? IIHS suggested that drivers, particularly young people, may be “moving their phones down and out of sight when they texted, in recognition that what they were doing was illegal. This could exacerbate the risk of texting by taking drivers’ eyes further from the road and for a longer time.” Indeed, “Using a driving simulator, researchers at the University of Glasgow found a sharp decrease in crash likelihood when participants switched from head-down to head-up displays. This suggests that it might be more hazardous for a driver to text from a device that’s hidden from view on the lap or vehicle seat.”

Bottom line: Texting bans have simply not had the desired effect. “Survey results indicate that many drivers, especially younger ones, shrug off these bans. Among 18-24 year-olds, the group most likely to text, 45 percent reported doing so anyway in states that bar all drivers from texting. This is just shy of the 48 percent of drivers who reported texting in states without bans.”

Teen Who Performed at Obama Inaugural Events Shot Dead in Chicago, CNN

A teen who performed at events around President Barack Obama’s inaugurationwas shot to death in Chicago this week, and now her story has become part of the debate in Washington over gun violence nationwide.

The shooting death of 15-year-old Hadiya Pendleton came up in a U.S. Senate hearing and a White House press briefing Wednesday.

“She was an honor student and a majorette,” said Sen. Dick Durbin, D-Illinois. Performing at inaugural events last week “was the highlight of her young, 15-year-old life,” he said.

Speaking at Wednesday’s Senate Judiciary Committee hearing on gun violence, Durbin mentioned Pendleton’s death as he argued that more must be done to stop gun crimes.

Parents:  Bronx Boy Handcuffed over $5 Theft, CNN

The family of a 7-year-old Bronx boy is suing the city of New York and its police force for $250 million, claiming the child was falsely arrested and handcuffed over a $5 theft.

After being accused of stealing the money from a fellow student in November, the parents say, the boy was taken out of his third-grade class in the Bronx and detained by authorities.

The family filed the suit last week, but the incident came into the spotlight early Wednesday in New York when the boy’s mother released a photo of the boy being handcuffed.

The court filing says the child was handcuffed by police, held for 10 hours and charged with two counts of robbery that were later dropped.

But the New York Police Department disputes those allegations, saying the claims are exaggerated.

Education in Election 2012: K-12 Education

http://shark-tank.net/2013/08/27/questionable-groups-push-to-open-floridas-closed-primary-elections/vote-2/

This post is part of this week’s “Education in Election 2012” series, exploring the differences between the parties and presidential candidates on education policy.

In our final post in this series, and with Election Day right around the corner, we’ll take a look at where the candidates stand–in their own words–on K-12 education. How do the candidates and parties plan to improve our classrooms?

President Barack Obama:

  • Launched Race to the Top, spurring 46 states to raise their standards for college and career readiness, and has a plan to recruit 100,000 science & math teachers over the next decade
  • Expanded and strengthened Head Start and Early Head Start to reach an additional 64,000 children

[Ed. Note: Most of President Obama’s education plans are tailored toward higher education. It is worth noting the President also allowed states to waive No Child Left Behind requirements, which were burdening many states.]

Governor Mitt Romney:

K-12: Promoting Choice And Innovation

Giving students trapped in bad schools a genuine alternative requires four things: (1) such alternatives must exist, (2) parents must receive clear information about the performance of their current school and of the alternatives, (3) students must be allowed to move to a new school, and (4) students must bring funding with them so that new schools can afford to serve them.  Mitt’s reforms achieve each of these objectives:

  • Provide Incentives For States To Increase Choices For Parents And Develop Quality Alternatives.
  • Build On The Success Of Effective Charter And Digital Schools.
  • Expand The DC Opportunity Scholarship Program To Serve As A Model For The Nation.

K-12: Ensuring High Standards And Responsibility For Results

Currently, there is little easily-available data for parents about their children’s schools. Mitt’s reforms will provide better information for parents through straightforward public report cards and will empower them to hold districts and states responsible for results. When combined with increased parental choice, this will give parents more control over their children’s education.

  • Reform No Child Left Behind By Emphasizing Transparency And Responsibility For Results.

K-12: Recruiting And Rewarding Great Teachers

A school is only as strong as its teachers, but the most promising teachers often find it difficult to reach the classroom door or receive recognition for their efforts once inside.  Mitt’s reforms smooth the path for talented individuals to join the profession and shape the next generation.

  • Attract And Reward Great Teachers Through Increased Flexibility And Block Grants.

Republican Party Platform:

Parents are responsible for the education of their children. We do not believe in a one size fits all approach to education and support providing broad education choices to parents and children at the State and local level. Maintaining American preeminence requires a world-class system of education, with high standards, in which all students can reach their potential. Today’s education reform movement calls for accountability at every stage of schooling. It affirms higher expectations for all students and rejects the crippling bigotry of low expectations. It recognizes the wisdom of State and local control of our schools, and it wisely sees consumer rights in education – choice – as the most important driving force for renewing our schools.

Education is much more than schooling. It is the whole range of activities by which families and communities transmit to a younger generation, not just knowledge and skills, but ethical and behavioral norms and traditions. It is the handing over of a personal and cultural identity. That is why education choice has expanded so vigorously. It is also why American education has, for the last several decades, been the focus of constant controversy, as centralizing forces outside the family and community have sought to remake education in order to remake America. They have not succeeded, but they have done immense damage.

 

Attaining Academic Excellence for All

Since 1965 the federal government has spent $2 trillion on elementary and secondary education with no substantial improvement in academic achievement or high school graduation rates (which currently are 59 percent for African-American students and 63 percent for Hispanics). The U.S. spends an average of more than $10,000 per pupil per year in public schools, for a total of more than $550 billion. That represents more than 4 percent of GDP devoted to K-12 education in 2010. Of that amount, federal spending was more than $47 billion. Clearly, if money were the solution, our schools would be problem-free.

More money alone does not necessarily equal better performance. After years of trial and error, we know what does work, what has actually made a difference in student advancement, and what is powering education reform at the local level all across America: accountability on the part of administrators, parents and teachers; higher academic standards; programs that support the development of character and financial literacy; periodic rigorous assessments on the fundamentals, especially math, science, reading, history, and geography; renewed focus on the Constitution and the writings of the Founding Fathers, and an accurate account of American history that celebrates the birth of this great nation; transparency, so parents and the public can discover which schools best serve their pupils; flexibility and freedom to innovate, so schools can adapt to the special needs of their students and hold teachers and administrators responsible for student performance. We support the innovations in education reform occurring at the State level based upon proven results. Republican Governors have led in the effort to reform our country’s underperforming education system, and we applaud these advancements. We advocate the policies and methods that have proven effective: building on the basics, especially STEM subjects (science, technology, engineering, and math) and phonics; ending social promotions; merit pay for good teachers; classroom discipline; parental involvement; and strong leadership by principals, superintendents, and locally elected school boards. Because technology has become an essential tool of learning, proper implementation of technology is a key factor in providing every child equal access and opportunity.

Consumer Choice in Education

The Republican Party is the party of fresh and innovative ideas in education. We support options for learning, including home schooling and local innovations like single-sex classes, full-day school hours, and year-round schools. School choice – whether through charter schools, open enrollment requests, college lab schools, virtual schools, career and technical education programs, vouchers, or tax credits – is important for all children, especially for families with children trapped in failing schools. Getting those youngsters into decent learning environments and helping them to realize their full potential is the greatest civil rights challenge of our time. We support the promotion of local career and technical educational programs and entrepreneurial programs that have been supported by leaders in industry and will retrain and retool the American workforce, which is the best in the world. A young person’s ability to achieve in school must be based on his or her God-given talent and motivation, not an address, zip code, or economic status.

In sum, on the one hand enormous amounts of money are being spent for K-12 public education with overall results that do not justify that spending. On the other hand, the common experience of families, teachers, and administrators forms the basis of what does work in education. We believe the gap between those two realities can be successfully bridged, and Congressional Republicans are pointing a new way forward with major reform legislation. We support its concept of block grants and the repeal of numerous federal regulations which interfere with State and local control of public schools.

The bulk of the federal money through Title I for low-income children and through IDEA for disabled youngsters should follow the students to whatever school they choose so that eligible pupils, through open enrollment, can bring their share of the funding with them. The Republican-founded D.C. Opportunity Scholarship Program should be expanded as a model for the rest of the country. We deplore the efforts by Congressional Democrats and the current President to kill this successful program for disadvantaged students in order to placate the leaders of the teachers’ unions. We support putting the needs of students before the special interests of unions when approaching elementary and secondary education reform.

Because parents are a child’s first teachers, we support family literacy programs, which improve the reading, language, and life skills of both parents and children from low-income families. To ensure that all students have access to the mainstream of American life, we support the English First approach and oppose divisive programs that limit students’ ability to advance in American society. We renew our call for replacing “family planning” programs for teens with abstinence education which teaches abstinence until marriage as the responsible and respected standard of behavior. Abstinence from sexual activity is the only protection that is 100 percent effective against out-of-wedlock pregnancies and sexually-transmitted diseases including HIV/AIDS when transmitted sexually. It is effective, science-based, and empowers teens to achieve optimal health outcomes and avoid risks of sexual activity. We oppose school-based clinics that provide referrals, counseling, and related services for abortion and contraception. We support keeping federal funds from being used in mandatory or universal mental health, psychiatric, or socio- emotional screening programs.

We applaud America’s great teachers, who should be protected against frivolous litigation and should be able to take reasonable actions to maintain discipline and order in the classroom. We support legislation that will correct the current law provision which defines a “Highly Qualified Teacher” merely by his or her credentials, not results in the classroom. We urge school districts to make use of teaching talent in business, STEM fields, and in the military, especially among our returning veterans. Rigid tenure systems based on the “last in, first out” policy should be replaced with a merit-based approach that can attract fresh talent and dedication to the classroom. All personnel who interact with school children should pass background checks and be held to the highest standards of personal conduct.

Improving Our Nation’s Classrooms

Higher education faces its own challenges, many of which stem from the poor preparation of students before they reach college. One consequence has been the multiplying number of remedial courses for freshmen. Even so, our universities, large and small, public or private, form the world’s greatest assemblage of learning. They drive much of the research that keeps America competitive and, by admitting large numbers of foreign students, convey our values and culture to the world.

Democratic Party Platform:

  • Democrats believe that getting an education is the surest path to the middle class, giving all students the opportunity to fulfill their dreams and contribute to our economy and democracy. Public education is one of our critical democratic institutions. We are committed to ensuring that every child in America has access to a world-class public education so we can out-educate the world and make sure America has the world’s highest proportion of college graduates by 2020.
  • This requires excellence at every level of our education system, from early learning through post-secondary education. It means we must close the achievement gap in America’s schools and ensure that in every neighborhood in the country, children can benefit from high-quality educational opportunities.
  • This is why we have helped states and territories develop comprehensive plans to raise standards and improve instruction in their early learning programs and invested in expanding and reforming Head Start.
  • President Obama and the Democrats are committed to working with states and communities so they have the flexibility and resources they need to improve elementary and secondary education in a way that works best for students.
  • To that end, the President challenged and encouraged states to raise their standards so students graduate ready for college or career and can succeed in a dynamic global economy. Forty-six states responded, leading groundbreaking reforms that will deliver better education to millions of American students. Too many students, particularly students of color and disadvantaged students, drop out of our schools, and Democrats know we must address the dropout crisis with the urgency it deserves.
  • The Democratic Party understands the importance of turning around struggling public schools. We will continue to strengthen all our schools and work to expand public school options for low-income youth, including magnet schools, charter schools, teacher-led schools, and career academies.
  • Because there is no substitute for a great teacher at the head of a classroom, the President helped school districts save more than 400,000 educator jobs.
  • We Democrats honor our nation’s teachers, who do a heroic job for their students every day. If we want high-quality education for all our kids, we must listen to the people who are on the front lines. The President has laid out a plan to prevent more teacher layoffs while attracting and rewarding great teachers. This includes raising standards for the programs that prepare our teachers, recognizing and rewarding good teaching, and retaining good teachers.
  • We also believe in carefully crafted evaluation systems that give struggling teachers a chance to succeed and protect due process if another teacher has to be put in the classroom. We also recognize there is no substitute for a parent’s involvement in their child’s education.

Remember to exercise your right to vote, and vote in all the races up and down the ballot this Tuesday!