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    Duty to Expel: Zero-Tolerance Policies in Schools

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    Go At It All Alone Poster  Emily & Kaley, 2011.

    Go At It All Alone Poster Emily & Kaley, 2011.

    Many people have heard of Tarasoff “Duty to Warn” laws, although the back story and subsequent legislative rollercoaster isn’t as well-known. Given the number of states that continue to mandate zero tolerance policies in schools, it is time to remind our lawmakers of the risks of legislative reactions to tragic events.

    In 1968, University of California student Prosenjit Poddar pursued Tatiana Tarasoff and was rebuffed. When Mr. Poddar voiced intent to harm his romantic interest, his roommate encouraged him to seek therapy at the campus counseling center. Clinicians at the counseling center, concerned about the threats, eventually decided to call the police and recommended that Mr. Poddar be involuntarily hospitalized. When law enforcement officials investigated they determined that there was no risk and did not follow through on initiating hospital admission. Mr. Poddar tragically killed Ms. Tarasoff.

    In 1974, the Supreme Court of California issued its first decision in the case of Tarasoff v. the Regents of the University of California and determined that mental health clinicians have a ‘duty to warn’ potential victims. While well-intentioned, the strict and limiting wording used in this decision prompted criticism from the National Association of Social Workers, the American Psychiatric Association, and other professional groups. The court vacated, i.e. erased, its decision and rescheduled the case for hearing. In 1976, the Supreme Court of California issued its official Tarasoff decision that determined that mental health professionals instead have a ‘duty to protect’ potential victims.

    While this may seem to be semantic hair-splitting, the differences between ‘duty to warn’ and ‘duty to protect’ are legally and clinically profound – and serve as a good comparison to zero-tolerance policies in schools.

    Following the Tarasoff case, a host of state legislative bodies across the nation focused on the wording of the vacated 1974 decision and imposed upon mental health professionals a legal ‘duty to warn’. While these legislative efforts appeared as well-intentioned as the 1974 Tarasoff wording, they were also just as misguided. Such laws were widely viewed as knee-jerk reactions to an unfortunate event that unnecessarily tied the hands of front-line professionals and, paradoxically, did not increase public safety.

    The same can be said for secondary school ‘zero-tolerance’ mandates. In reaction to school violence many states enacted these policies which are, in effect, ‘duty to expel’ laws that undermine education, safety, civil rights, and the clinical expertise of the ground-level professionals serving our children.

    Initial post-Tarasoff ‘duty to warn’ laws required a clinician to warn a potential victim – even if the threat was vague or temporary, even if better options existed, even if warning a potential victim wouldn’t necessarily protect anyone, and even if making such phone calls carried its own, possibly worse, burdens and risks by reversing clinical progress and eroding client and public confidence in the mental health system.  

    While most people agree that reaching out to Ms. Tarasoff would have been clinically appropriate in the afore-mentioned case, there are many instances in which calling a potential victim is not appropriate when other options are available.  If a woman whose schizophrenia is typically well-managed contracts the flu and forgets her medication and makes vague threats to the Pope, our best option in protecting the Pope is to arrange for hospitalization, not make a phone call to Rome.

    Zero-tolerance policies in schools carry similar limitations and burdens.  We are well-familiar with the stories of children suspended or expelled because school administrators’ hands are tied by zero-tolerance policies: the 1st grader who plays cops and robbers on the playground and makes a gun with his hand; the bullied child who eventually pushes his tormentor; the little girl who went off her medication after a bout of the flu and her ADHD is topsy-turvy for several weeks. These children, removed from their learning environment, then carry the additional burdens of stigma, shame, and compromised educational opportunities.

    Wisely, most states have since rescinded post-Tarasoff ‘duty to warn’ laws and replaced them with ‘duty to protect’ mandates. For example current Ohio law recognizes that mental health clinicians should be able to utilize their professional knowledge and familiarity with each individual case to determine the best course of action – whether hospitalization, increasing level of care, notifying police, and/or warning a potential victim (Ohio Revised Code 2305.51).

    Ohio and other states need to similarly replace zero-tolerance mandates.  Doing so does not mean that schools no longer have the option to suspend or expel a child when warranted, rather it allows schools to determine, on a case-by-case basis and with input from trained professionals, what is the best course of action for the child and society.   As of this writing Ohio Senate Bill 167, introduced by Senator Tavares and Co-Sponsored by Senators Schiavoni, Brown and Sawyer to rescind existing zero-tolerance mandates in the states, will most likely die from inattention.  Social workers and other professionals need to encourage all states to evacuate ‘duty to expel’ laws and replace them with ‘duty to serve and educate’ laws.

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    Stacy Simera, MSSA, LISW-S, SAP is an independently licensed social worker with supervision designation and a certified substance abuse professional. Simera provides outpatient counseling at Kent Psychological Associates in Ohio, conducts workshops across the state for the Ohio Child Welfare Training Program, and facilitates psycho-educational programming for the Oak Clinic for Multiple Sclerosis. She also serves as Communications Director for the national non-profit Start School Later, serves as chair of the sleep committee for the Ohio Adolescent Health Partnership, serves on the Board of Directors for the Ohio chapter of the National Association of Social Workers (representing Region 2), serves on the alumni board for Case Western Reserve University's Mandel School of Applied Social Sciences, and was named 2014 Ohio Social Worker of the Year by NASW Ohio.

    Education

    Project-Based Learning for the Virtual Classroom

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    Project-based learning (PBL) may not be the first thing that teachers consider when planning for remote or hybrid lessons. However, with a little creativity and an organized approach, project-based learning can engage students in a way that may be lacking during typical virtual instruction. So what is it, exactly? PBL, simply put, is an approach to learning through exploration of a real-world problem or question. Ideally, students choose to investigate a problem or challenge that means something to them – something that impacts their daily lives. Then, through research, collaboration, and exploration, students gain a deeper understanding of the issue or challenge and how they can contribute to a solution. Even more important is the fact that, through project-based learning, students gain a better understanding of who they are as learners and critical thinkers. With being said, let’s look at how instructors can utilize PBL in virtual settings.

    How to Organize PBL for Remote Learning

    “Embrace the chaos of now” by asking students to discuss what is currently troubling them. When students have a vested interest in their classwork, they will obviously be more inclined to engage in the work and follow through on the assignment. Ask about challenges or problems they’ve been having, such as:

    • What has been your biggest struggle with adapting to virtual/remote learning?
    • What needs are not being met in this “new normal?”
    • How has your daily routine changed since the start of the pandemic?
    • What is a problem that you see your peers, neighbors, teachers, community struggling with?

    After students have identified an issue or challenge that they personally recognize in their day-to-day lives, ask them to do a little preliminary brainstorming about the problem using a standard KWL chart. The KWL chart is an old favorite in the classroom for any sort of introduction to a new topic, concept, or unit. For project-based learning, the KWL chart provides students with a visual starting point and a trajectory for where their research is headed. The graphic organizer, for those who have not used it before acts as a simple t-chart to organize what students already know (K) about the topic, what they want (W) to know about the topic, and what they learn (L) throughout their research process. This simple visual aid acts as the foundation for critical thinking by visually, yet simply, organizing a student’s thoughts.

    Next, you can help students with backward design or backward mapping by outlining objectives first. Again, project-based learning is all about allowing students to explore a challenge and identify a resolution or fix for the problem. In order to adequately lay out the groundwork, students must have a clear and definitive end goal. Therefore, in planning for success, teachers need to help students employ backward mapping strategies by beginning with something like a S.M.A.R.T. (Specific. Measurable. Attainable. Relevant. Timely.) goal—then working backward from there to achieve that goal.

    Instructors can also utilize haptic engagement or hands–on learning by encouraging students to physically try out or experiment with their ideas. Teachers can model this experiential learning by choosing their own PBL to focus on while kids are working. Show students that, in order to truly solve a problem, people must occasionally get their hands dirty. It is also important for teachers to note that success stories are almost always trial and error—a sound solution will not come right away. By testing hypotheses and modifying approaches, students truly understand the value of hands–on, experiential learning. Not only are these demonstrations helpful for getting closer to a solution, but haptic engagement also teaches students about grit, perseverance, and strategies around error analysis.

    Another great skill set that students may develop while participating in PBL classroom activities involves retrieval practice. Since students are focusing their work on one primary challenge, they are able to hone their focus and truly absorb new information as they learn. Teachers can help foster retrieval strategies with activities such as Cornell note-taking, peer teaching, and Socratic seminars, in which students take the lead in delivering information to one another.

    Try some of these PBL strategies out in your next lesson, whether it be virtual or in-person, and see the results for yourself.

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    Education

    New Preschool Program in Oregon is a Model for the Nation—But Challenges Remain

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    By Mary King and Lisa Dodson

    In November 2020, voters in Multnomah County, home to the city of Portland, resoundingly approved the creation of a new, universal preschool program—a program that could serve as a model for desperately needed preschool and childcare investments for the entire country. All three- and four-year-olds in Multnomah county will be able to attend a free, year-round, universal, high quality preschool program that meets their needs as well as those of most families, providers and staff, and local businesses. Key elements include a wide range of choices for families as well as living wages and professional supports for providers and workers. The program is slated to be equitably funded by a local income tax on the highest income households.

    Two big challenges remain: ensuring that families with “non-traditional” work schedules are included, and significantly increasing public investment in facilities to allow preschools to expand well beyond church basements and providers’ homes. Those working non-traditional hours are disproportionately low-income, women, people of color, and often “essential workers” without whom our society and economy would not function. Federal childcare initiatives must address the needs of families with such work schedules, or the families that most need public child care will be left out.

    A Universal Model that Serves Diverse Needs

    Universal preschool programs benefit all children and lead to better outcomes than means-tested programs for the most disadvantaged children. Means-tested programs such as Head Start seek to deliver services only to households with low incomes. Although means-tested programs “target the poor,” universal programs bring children and families from across the socioeconomic spectrum together, challenging ongoing race, ethnic and class segregation that erodes democracy. Universality also inspires broad support to maintain adequate funding. After fifty well-regarded years, Head Start is still available—but only for a fraction of eligible families, and even then, often only part-time and part-year. High quality preschool and child care is out of reach for the large majority of families who already face the high cost of housing, health care, and student debt with stagnating wages. Importantly, universal preschool is both a two-generation anti-poverty program and a powerful boost to economic development, because it returns $9.45 to the community for every dollar spent.

    Families raising young children are diverse and need a wide range of options. Multnomah County’s new Preschool for All program will offer choices of:

    • language and cultural contexts, including Afro-centric and other alternatives,
    • types of setting, including family childcare providers, public schools and free-standing centers, and
    • schedules, including school year and year-round, full and part-time, weekend days as well as week days, with up to 50 hours a week for families that need or want longer days

    Children with disabilities will be included, facilitating earlier identification of health issues and treatment. Expulsions, now too common in preschool settings particularly for children of color, will be prohibited, requiring that the system provide supportive interventions to meet all children’s needs.

    Fair Pay and Professional Support for Providers and Workers

    Currently, U.S. family childcare providers, preschool teachers, and childcare workers earn poverty wages with few benefits and often cope with difficult working conditions. The result is high turnover; the loss of skilled, experienced and dedicated workers to jobs that better support their families; and damage to the quality of care. High quality child care depends on the ongoing relationships caregivers develop with families, children, and co-workers.

    Multnomah County’s new Preschool for All program will pay teachers comparably with kindergarten teachers, doubling their current salaries. The wage floor for assistant teachers and other classroom staff will be set at nearly $20 an hour when the program starts in Fall 2022, with pay levels adjusted to reward increasing skills, training and experience. Continuing professional development will be geared to the schedules of the low-income working parents who are over-represented among preschool workers. Should workers wish to join a union, employers will be required to remain neutral.

    Funding universal high quality child care is within reach. Over the past 40 years, U.S. economic gains have been concentrated on an ever smaller group of the wealthy, while responsibility for paying for our infrastructure and public services has been shifted from the affluent to the working and middle classes. Reversing such trends, Multnomah County’s preschool program is to be funded by a county income tax on approximately eight percent of households at the top. Combined federal, state, and local income tax rates for such households will still fall far below the top tax federal income tax rates in place for the much of the 20th century, from the 1930s through the 1970s.

    Unmet Challenges

    Multnomah County intends to offer preschool up to ten hours a day and on weekend days, but has not committed to other “non-traditional” hours. Employers demand “non-traditional” work schedules for the three occupations expected to add the most jobs between 2019 and 2029: home health and personal care aides, fast food and counter workers, and restaurant cooks. Many retail and hospitality positions also entail low wages and employer insistence that workers maintain “open availability,” and healthcare, construction, and gig workers struggle with work schedules that make it very difficult to find child care.

    Multnomah County will pay fair wages to everyone working in the classroom, but will not supplement the pay of people working in Head Start and other public preschool and childcare programs that pay too little to retain skilled people in the face of a more attractive alternative. The county plans to support some infant and toddler programs, but won’t be able to overcome the severe shortage of affordable, quality care for these age groups, likely to be exacerbated by competition from a preschool system offering better compensation. Finally, preschool and child care is now crowded into inexpensive or public spaces; serving all children well will require a significant investment in physical facilities.

    Despite such continuing challenges, Multnomah County’s Preschool for All offers a national model, with its variety of choices to families, living wages for all classroom staff, and an equitable approach to public funding. Each of these aspects needs to be included in any new federal program. In addition, a new federal program should aspire to offer high quality child care to families struggling with difficult work schedules, until labor legislation is revised to place limits on such unpredictable schedules. Strategies will also need to be implemented to improve the wages of workers in Head Start and other public preschool and childcare programs.

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    Diversity

    Why Political Science Can and Should Lead Diversity Efforts in Higher Education

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    Diversity is big business in the academy. Foundations such as Ford, Carnegie, and Robert Wood Johnson support academic efforts to diversify the professoriate; and colleges and universities across the country are investing significant resources in diversity efforts. Furthermore, the academy has begun hiring chief diversity officers, following corporate sector trends — 60% of Fortune 500 companies have chief diversity officers among their top-executives.

    Although the numbers of women in political science have shown modest growth over the last two decades, the number of women of color in the field has largely remained flat. Political science scholarship on minority representation in U.S. legislatures sheds light on this professional conundrum, too. This literature shows how organized women, racial and ethnic minorities, and their allies can promote diversity and inclusive practices to bring about lasting change in political science, other disciplines and higher education more broadly.

    An Opportune Moment for Political Science

    Research on social movements shows that, when windows of opportunity arise, activists must have the resources to change the status quo and push for policy breakthroughs. I suggest that heightened attention to institutional diversity across academia presents an opportunity that political scientists can and should seize by presenting themselves as credible stakeholders who are well-equipped to: steward institutions’ newly available resources, run innovative pilot programs, and produce returns on institutional diversity investments for both students and faculty.

    Student demands will be a key resource in these efforts, but administrators can often “wait students out” — stalling student diversity efforts until a new cohort must begin afresh. Political Science is uniquely positioned to lead institutional change by using research from the discipline to encourage student activists to investigate the issues, formulate long- and short-term goals, determine the scope of their influence, identify allies and opponents, construct informed arguments, and make specific demands with measurable outcomes. This informed activism can help students leverage their status over time as students, alumni, and donors to move towards shared goals for departmental, disciplinary, and institutional change.

    Political Science is attracting many undergraduate women majors. Women are faring as well as men on the discipline’s job market. They are approaching pay equity with male colleagues and increasing their presence in the ranks of full professors. In 2010, women of color comprised 13.5% of female political science faculty, more than double their share in 1980. Although this improvement remains relatively modest compared to the nearly 300% increase in women faculty over that span, the progress for women of color is promising and can act as a foundation for future diversity efforts. Nevertheless, many challenges must still be addressed — including burdens of balancing tenure-track and family responsibilities, “inhospitable” institutional climates, and research norms that discount women’s contributions to collaborative work.

    Building a Diversity Infrastructure

    Sheer numbers are the first requirement for building diversity infrastructure. With sufficient numbers, members of gender and racial caucuses can promote further change and build organizational capacities. Research on the impact of diversity in Congress shows that the Congressional Black, Hispanic, and Asian Pacific American caucuses encourage information and resource sharing, enhanced communication, and collective action on behalf of racial and ethnic minorities. Through caucuses, task forces, and organized voting blocs, minority legislators have kept low-salience civil rights issues on the congressional agenda despite waning public interest. Women’s and racial and ethnic caucuses in national and regional political science associations show that female political scientists can capitalize on their numbers to act as disruptive-insiders to further diversify faculties and challenge discrimination.

    Buy-in from political science department heads who name search committees and from faculty making influential recommendations will be indispensable for furthering these efforts. Departmental objectives can be linked to university diversity efforts. Male faculty members should be encouraged to serve on diversity committees and act as change agents.

    Thinking beyond individual departments, women’s caucuses and ethnic caucuses in political science associations could share resources and knowledge and coordinate agendas. If increasing the racial and ethnic diversity of the discipline is to be achieved, then women’s caucuses will need to work closely with race and ethnic caucuses in the discipline. Although universal sisterhood may be a worthy ideal, faculty women of color cannot be cast as handmaidens rather than full partners in the work of transforming the discipline.

    Mentorship is Not Enough

    The number of women of color entering political science faculties has stagnated, and many minority faculty members leave political science departments for more hospitable interdisciplinary centers. Recruitment and retention should therefore be top priorities — and that is going to take more than just mentoring programs.

    Mentorship is a common answer to the challenge of recruiting, supporting, and retaining minority faculty. Mentoring, however, only teaches people how to survive in institutions. It does not necessarily attract more people to enter institutions, and it does not help them change institutions. Although the very presence of black women on academic faculties and in front of classrooms changes the academy, that is not enough. Despite widely shared good intentions, the discipline cannot rely on mentoring alone to help women of color overcome racism, sexism, and other systematic obstacles to their advancement. At best, mentoring will help women faculty of color expand their social networks, establish important professional relationships, and better navigate minefields. At worst, mentoring will help some individuals survive and advance, while maintaining longstanding power disparities in the discipline. Mentoring obviously cannot ameliorate the impediments that routinely challenge and undermine women of color at all ranks of the professoriate. Political science must lead the way in identifying and deploying all of the strategies that can bring broader progress in universities and disciplines.

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