Recently, I had the opportunity to demonstrate, once again, the synergy of individual advocacy & systems change. For nearly 20 years, I have been combating the schools to prison pipeline, as I wrote about over a year ago. In January, I started writing a series of blogs and submitted them to the Madison Metropolitan School District (MMSD) school board as its administrators developed a series of 4 drafts of what started out as a proposed revision of its discipline plan, but on my advice, became the new Behavior Education Plan, which will go into effect on September 1, 2014, and you can review here. That plan had been sailing under the radar with relatively minimal public input, until my clients and I recently went public with an expulsion case which was a classic example of zero tolerance run amok. Fortunately, in one night, the school board ended my client’s expulsion, and then proceeded to approve the new Behavior Education Plan, in front of a packed auditorium, putting 2 nails in the coffin of zero tolerance.
As I testified to the school board that night, MMSD’s new, improved plan is not perfect, as it fails to set specific goals for reducing out of school discipline such as suspensions and expulsions, and accordingly fails to set specific goals for reducing the racial and disability disparities in both discipline and academic achievement which the district has long struggled to overcome. In addition, I encouraged the school board to place advocates in each school to assist students and their parents through the discipline process as well as other challenges, including academic, which students may encounter.
Unfortunately, after I made that suggestion, the President of the MMSD School Board, publicly criticized my suggestion, as he does not view the discipline process as “adversarial,” which is fairly remarkable given his work as an attorney, but even more remarkable given that he truly does not understand the role that advocates actively play not only to improve outcomes for the children for whom they advocate, but to help change flawed systems for the better.
For nearly 30 years, my career as a civil rights attorney has involved taking individual cases and evolving them, when appropriate, into positive systems change. This includes the struggle to finally pass a new law prohibiting the inappropriate use of seclusion and restraint, which only occurred after representing many students harmed by this horrific practice and shedding the bright media light on it.
Any system that desires continuous improvement should recognize the value of advocacy as both an individual corrective tool, as well as a vehicle for identifying systemic problems. Dane County, Wisconsin, has recognized the value of having an internal ombudsman in its human services department to “ensure that people are getting appropriate services.”
While it is unclear whether MMSD can afford to place ombudsmen or advocates in each of its schools, it should certainly examine its budget to pilot such a program in schools with the highest discipline and academic problems. Moreover, it could partner with outside agencies, which have existing advocacy services, such as Wisconsin Family Ties, which uses non-lawyer professional advocates, Wisconsin FACETS, which uses non-lawyer paid and volunteer advocates, and Disability Rights Wisconsin, which uses non-lawyer advocates with legal back-up and occasional direct lawyer involvement. However, all of these agencies only work with children with disabilities, and I know of no agency providing school advocacy services to non-disabled students.
If the MMSD truly wants to ensure that its new Behavior Education Plan succeeds, it should actively engage with existing advocacy organizations, and work to obtain foundation support to fund advocates for non-disabled students. Working together with the school district, on behalf of students, these advocates can correct natural human errors in the new system, and provide useful data to the MMSD administration so it can take corrective measures when repeated problems inevitably crop up.
For more information on how I can help you accomplish effective, progressive systems change e-mail Jeff Spitzer-Resnick or visit Systems Change Consulting.