Public Schools

  • March 6, 2012

    by Jeremy Leaming

    While a large public school district in Minnesota has taken steps, prompted by legal action, to combat discrimination against LGBT students, the U.S. Department of Education has released information, which perhaps not surprisingly, reveals persistent discrimination against black students in public schools nationwide.

    Reporting for the Pioneer Press, Sarah Horner details the Anoka-Hennepin school district board’s vote, with one member resigning in protest, to “accept a settlement agreement with [Dylon] Frei and five other former and current district students who had filed two lawsuits over a policy requiring staff to remain neutral when the topic of sexual orientation came up in the classroom.” As Horner notes Frei and the other students had repeatedly faced sexual harassment and gender stereotyping. Frei, Horner reports, told a crown outside the school board offices that his peers had repeatedly called him “fag,” and physically harmed him.

    The school board voting 5-1 approved a consent decree that will resolve the students’ lawsuit brought by the Southern Poverty Law Center (SPLC) and the National Center for Lesbian Rights. The decree also resolves a separate complaint lodged in Nov. 2010 by the U.S. Departments of Justice and Education.

    The consent decree filed with the U.S. District Court for the District of Minnesota includes a number of requirements that Anoka-Hennepin school officials will have to undertake to ensure they comply with Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, which bar harassment of lesbian, gay, bisexual and transgender students.

    For example the school district, the largest in Minnesota, must retain a consultant to review the district’s policy on harassment, create and implement “a comprehensive plan for preventing and addressing student-on-student sex-based harassment,” and improve “its system for maintaining records of investigation and responding to allegations of harassment.”

  • June 8, 2011

    The tea party-fueled effort to provide public schools with so-called constitutional history lessons continues to attract concern, with Constitutional Accountability Center’s Doug Kendall calling it a disgraceful propaganda movement.

    In a recent piece for The Huffington Post, Kendall challenged the Tea party to “find one credible historian,” to support the Tea Party’s constitutional lessons, which are based on materials created by W. Cleon Skousen, a far-right conspiracy theorist with links to the John Birch society ….”

    ACS has also called out the Tea Party for its take on the constitution's underpinnings, which echo Christian nation enthusiasts' talking points. Also is an article for The Huffington Post, ACS Executive Director Caroline Fredrickson knocked the Tea Party “Patriots” for “pushing a constitutional curriculum designed by the National Center for Constitutional Studies, which disseminates reading materials suggesting that God intended for America to be a Christian nation, that the Jamestown settlers starved to death because they were communists who failed to embrace capitalism, and that the national parks were unconstitutional.”

    Public school officials should not open their doors to these types of lessons, which are clearly intended to push a political agenda, besides offering wildly distorted interpretations of history, Fredrickson continued. (Moreover the lessons are laced with religiosity, which could prove constitutionally problematic for the public schools. The Supreme Court has ruled that organized prayer and other religious activities in the public school violate the First Amendment, though truly voluntary student prayer and religious activities are permissible.)

    Instead of allowing Tea Party elements to invade the nation’s public schools with their take on the Constitution, Fredrickson said school officials should look to ACS’s long-running Constitution in the Classroom Project.

    That project involves bringing local attorneys into the classrooms to introduce students to a decidedly nonpartisan examination of important constitutional principles that affect their lives, such as freedom of speech and religion and privacy rights.  The ACS project does not claim the Constitution was created by Christians for Christians. Instead, the nation’s Constitution is a progressive document with the promise of inherent rights for all humans, protection of those fundamental rights from unconstitutional government action, and equality under our laws for all humans.

    See here for more information about ACS’s Constitution in the Classroom project.  

  • October 27, 2010
    Education Policy
    The head of one of the country's largest conservative lobbying groups, the Family Research Council, says gay youth are prone to depression and suicide because they are "abnormal," not because they are victims of harassment or bullying. The Huffington Post notes Tony Perkins's comments to NPR about "how religious movements fit into the anti-gay bullying equation."

    Perkins maintained, "There's no correlation between inacceptance of homosexuality and depression and suicide. These young people who identify as gay or lesbian, we know from the social science that they have a higher propensity to depression or suicide because of that internal conflict."

    This week the U.S. Department of Education sent a letter to public school districts and universities nationwide providing guidance on complying with federal laws intended to prevent harassment of students. In a press statement about the letter, the Department of Education states that federal education anti-discrimination laws provide protection against harassment of gay and lesbian students. The letter states that its guidance "explains educators' legal obligations to protect students from student-on-student racial and national origin harassment, sexual and gender-based harassment, and disability harassment."

    Russlynn H. Ali, assistant secretary for civil rights, told The New York Times, "Folks need to wake up. We have a crisis in our schools in which bullying and harassment seems to be a rite of passage, and it doesn't need to be that way."

    In its coverage of the 10-page letter, The Times wrote that Education Department officials said that distribution of the letter "took on new urgency in recent weeks because of a string of high-profile cases in which students have committed suicide after enduring bullying by classmates," and citied an incident at Rutgers University involving the harassment of a male student following his "intimate encounter with another man." The Rutgers student committed suicide last month.

    The Education Department includes a link to the administration's "Stop Bullying Now Campaign," which includes research on the matter. A 2010 study states that gay, lesbian and bisexual youth "are more likely to report being bullied than are heterosexual youth."

  • August 31, 2010
    Education Policy
    The evangelical Christian ministry Focus on the Family is convinced that too many public schools are intent on preventing bullying of gay, lesbian and transgender students at the expense of the free expression rights of Christian students.

    A Focus on the Family spokeswoman told The Denver Post, as noted at TPM, that, "We feel more and more that activists are being deceptive in using anti-bullying rhetoric to introduce their viewpoints, while the viewpoint of Christian students and parents are increasingly belittled."

    But GLSEN, the Gay, Lesbian and Straight Education Network, maintains that students' free speech rights, which are limited in public schools primarily because public schools are not wide- open public forums and the federal courts have consistently held that educators have great discretion in controlling the curriculum and ensuring safety of students, are not the issue here. Instead GLSEN says too many gay students are the victims of bullying and supports local and federal efforts to curb the incidents. A 2005 GLSEN and Harris Interactive report showed nearly 65 percent of middle and high school students had been subjected to bullying and a 2007 GLSEN report revealed that a little more than 86 percent of LGBT students were victims of bullying at school.

    The group is urging Congress to pass a bill introduced earlier this month by Pennsylvania Senator Bob Casey called the Safe Schools Improvement Act (SSIA), which would include protections against bullying of gay, lesbian and transgender students.

    "Our nation has failed to address the pervasive problem of bullying and harassment in schools for far too long. Countless youth are denied access to education every day because they do not feel safe in school. Passing the Safe Schools Act would go a long way toward laying the necessary foundation of support lacking in many American schools," GLSEN Executive Director Eliza Byard said in a press statement.

    Byard told The Denver Post that GLSEN's efforts to stop bullying of LGBT students do not subvert the religious speech of other students. She noted that, "The word ‘faggot' is not part of any religious creed," and that her group has worked with other organizations, such as the Christian Educators Association International and the First Amendment Center, on sexual orientation issues in the public schools.

  • January 12, 2010
    Guest Post

    By Rajdeep Singh, Director of Law and Policy at The Sikh Coalition

    In February 2010, the Oregon legislature will have a historic opportunity to repeal ORS 342.650, a state law that forbids public school teachers from wearing religious dress in the classroom.

    According to press reports and historical literature published by the State of Oregon about its own history, ORS 342.650 originated in the 1920s as an anti-Catholic measure and was supported by the Ku Klux Klan at a time of overt hostility toward racial and religious minorities. Other laws enacted by the Oregon legislature during this period included the Compulsory Education Act (a measure designed to close parochial schools) and the Alien Property Act of 1923 (a law that prohibited Japanese immigrants from purchasing or leasing land in Oregon). Although two of these laws have since been repealed, ORS 342.650 is still enforced against religious minorities, including observant Sikhs who wear dastaars (turbans); observant Muslims who wear hijabs (headscarves); and observant Jews who wear yarmulkes (headcoverings).

    Although some supporters of the status quo argue that ORS 342.650 protects students from religious indoctrination, Oregon appears to be one of only three states in the country (including Nebraska and Pennsylvania) that continue to impose such stringent restrictions on public school teachers. This is prima facie evidence that ORS 342.650 is a ‘blunt instrument' and that a less restrictive balance can be struck between the state's interest in promoting religious neutrality and its obligation to protect civil rights. The case for repealing it was bolstered last November when two key state agencies-Oregon's Bureau of Labor and Industries, and the Oregon Department of Education-issued a joint memorandum urging repeal.