Friday’s Children and the Law News Roundup

Fewer Kids in Illinois Prisons, Illinois Times

During the late 1980s and 1990s, Illinois’ youth prisons began filling up rapidly. The tough-on-crime approach that began in the 1960s was at the peak of popularity, and state law reflected it in mandatory minimum sentences and other provisions. From 1985 to 2000, the state’s population of incarcerated youth more than doubled, from 1,534 to 3,074.

But changes in how Illinois handles youth crime and punishment have reversed that trend, and Illinois now ranks among the top states in reducing the number of incarcerated youth. That number has dropped from 3,003 in 2001 to less than 900 at present.

A new report by the National Juvenile Justice Network and the Texas Public Policy Foundation details the progress made in Illinois and eight other states which have seen drastic reductions in youth incarceration. Despite the advances, however, advocates say major problems still exist in Illinois’ juvenile justice system.

Supreme Court Agrees to Hear Landmark Children’s Rights Case, Child Law Blog

Earlier today, the United States Supreme Court agreed to review a case brought by the Marsh Law Firm concerning criminal restitution for victims of child pornography.

The Court agreed to decide “what, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. §2259,” the Mandatory Restitution for Sexual Exploitation of Children Act of 1994.

The case, Doyle Randall Paroline v. Amy Unknown, arises out of a long-fought and extensively litigated criminal restitution action which began almost four years ago before Judge Leonard Davis in the Eastern District of Texas Tyler Division.

PARCC Adopts Spec. Ed. Testing Policy for Common Core, Education Week

UPDATE: PARCC has posted online the materials on accommodations for special education students and common-core testing that it made available to its governing board. Please see memo to the board that outlines the contents of the policy; a PowerPoint presentation on the manual, and a draft of the final policy. An edited version is planned for release in late July.

Students with disabilities will be able to use read-aloud accommodations on the English/language arts portion of the common core tests, with no requirement that they be virtually unable to read printed text or be at the beginning stages of learning to decode, according an accommodations manual approved today by the governing board of the Partnership for Assessment of Readiness for Colleges and Careers.

The State and the Student, a Home School Dialogue

photo courtesy of:

As this is being written in late May, in schools across the country, the documentation is flying.  Report cards, test scores, attendance verifications, diplomas, all giving credit where credit is due to the children of the education system.  But this is not the case for all our students.  In the face of a dynamic and often challenging landscape of government run education, greater numbers of parents and children look for answers closer to home.  Literally.  Home school numbers are somewhat mysterious and elusive, but current estimates suggest over 3 Million children nationwide learn from home.  Here in Texas, we are estimated to have over 10% of those students.  What we have very little of, in comparison, is governmental oversight into the manner in which these students are taught, mentored, and guided.  Depending on whose website you are on at any particular moment, this is either the shining pinnacle of educational freedom, or the shadowy landscape of questionable decisions.  So for those of us interested in children’s rights, the question becomes, what does the state owe to home school students?

The Question of Regulation

The nationwide picture of Home school regulation is best summed up by one word, Inconsistent. In a map depicting the nations regulations by state, we see a pastiche of viewpoints and their underlying levels of control.  From some of the strictest regulation like in Pennsylvania where registration, teacher requirements, testing, and curriculum are all reported back to the state, to the Texas Requirements where as long as you don’t forget a civics class you are good to go, our values are diversely represented.  Where our regulations are in place to help protect a student’s right to an education, a lack of regulation is equally as protective of a student’s freedom and privacy in education.  So where does the states responsibilities lie, and is there a great point of balance from which freedom and protection pivot?

The Role of the Teacher

One of the most important questions to me personally is who is the teacher?  I taught middle school in Houston, Texas and was given a first hand view into the vast difference made by good and bad teachers alike.  A good teacher can inform, inspire, challenge, and guide a student to achieve their potential.  A bad teacher can bore, stumble, miss-inform and intimidate a student to the point where school is a burden or source of fear.  If this is common in a place with focuses on specialization, training, certification, and experience, how is this different in a home?  No state currently requires from its teachers anything above a High School education, and often no requirements at all.  In addition to subject matter, Public school teachers are trained on learning styles, mental and social disability recognition and treatment, and pedagogical approaches.  However, Much of this is mitigated in the one-on-one setting of a home school education.  With these concerns in tow I ask, does the state owe the student a teacher?  And if so what does that mean?

Future Preparation

One area where the statistics get blurry is in college admissions and preparation.  Since a significant portion of states do not require registration of home school students, we are unable to tell the percentage that apply to college.  What we do know is that, according to recent Department of Labor statistics, just over 2/3 of high school graduates are attending college.  Some estimates have Home school rates as comparative, but this data is highly questionable.  A recent article by US news and world reports shows a comparatively high statistical success once admitted among home school students however that would suggest that among college attending home schoolers, they have been well prepared.  The other aspect to look into is the stringency of application to various colleges for home school students.  Additional tests, GED requirements and so on are required from Home school students that are not needed from a traditional school setting.  This is not to the fault of the universities, as they are expected to hold their students to a certain standard, however the burden falls to the student.  Does the State owe the student ample preparation for college or the workforce?

Social Adaptation

In a recent publication geared specifically to Home school student issues, The  Journal of College Admissions, found that 34% of respondents indicated home school students had a more difficult time socially coping with life as a first year student.  Home school students typically have less daily peer interaction and fewer opportunities for extra curricular endeavors.  Outside of purely social development, there is a growing current within teacher training that learning in dialogue with other students, group work and cultural adoption of knowledge are some of the most effective paths to education.  This is particularly true for Middle school students whose social brain is at the forefront of its development. Can special programs, and student groups effectively replace the “class” as a means for social education?  Does the State have a roll in ensuring its youngest citizens have ample opportunity for social adaptation and interaction?

Safety Net

Finally, one role in which schools function beyond the classroom is as a safety net for it’s students.  Teachers, staff, and administrators are trained to look for signs of abuse and neglect in students.  There are a variety of authority figures that a child can access in situations of need.  There are different personalities and interests where a child can find a mentor.  These adult roles in a child’s life are difficult to fill by one or two people alone.  The proverbial village is present for public and private school children to protect and guide, and is not easily replaceable.  This of course must be balanced with the host of fears and dangers that go along with village life.  Whether from other students, or the very adults themselves, a school presents numerous issues that are lessened in a home school setting.  Does the State need to provide the home school child access to a broader community of guidance and protection beyond the parent or teacher? What would that look like?

The questions presented are an invitation to dialogue.  Answers and opinions have been stripped away as much as possible to give space for reflection.  So I ask again, this time in hopes of response, what is the student owed?  Education or merely freedom therein? Something specific from the role of a teacher? Preparation for the future? Protection from the present?  And how should the State respond?  There are more question and issues than written here, but the forum is open.  Feel free to respectfully comment.