George Wythe Review Fall 2019

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George Wythe Review

Volume 11. No. 1 Fall 2019 Patrick Henry College



A PUBLICATION OF THE AMERICAN POLITICS & POLICY PROGRAM OF PATRICK HENRY COLLEGE ________________ Volume 11 • No. 1 • Fall 2019

Editor-in-Chief: Marina D. Barnes Associate Editor: Abigail A. Carter Publication Editor: Jacob S. Settle Research Editor: Spencer J. Reeves Assistant Editor: Coleman A. Raush Faculty Supervisor: Dr. Michael L. Haynes

PATRICK HENRY COLLEGE Purcellville, Virginia www.phc.edu Copyright © 2019 ISSN 2153-8085 (print)


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The George Wythe Review is an undergraduate journal dedicated to the integration of faith and reason in American domestic public policy. The editors of this journal recognize that contemporary domestic public policy is navigating the uncharted waters of rapidly advancing technology, an increasingly globalized political environment, and a bureaucratic federal government. The journal is a response to this climate, providing undergraduate students at Patrick Henry College with a venue to engage this climate through quality academic papers. In the vein of the journal’s namesake, the editors are committed to fostering an environment for discussion that enhances the mission of both the American Politics and Policy Program and Patrick Henry College. The George Wythe Review is published twice during the academic year by the American Politics and Policy Program of Patrick Henry College. Essays in the journal do not necessarily represent the views of Patrick Henry College, the editors, or the editorial board. The responsibility for opinions and the accuracy of facts in the essays rest solely with the individual authors. Direct all correspondence to the address below: Patrick Henry College 10 Patrick Henry Circle Purcellville, VA 20132 (540) 338-1776 georgewythereview@students.phc.edu All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means—electronic, mechanical, photocopying, recording, or otherwise—without the prior written permission of the copyright owner. Authors of the respective essays in this publication retain copyright privileges. Copyright © 2019 • Printed in the United States of America.


CO NTENTS ________________ Volume 11 • No. 1 • Fall 2019

Letter from the Editor

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Paddling Upstream: 3 An Analysis of the Disparities in School Corporal Punishment Based on Gender and Race Ellen Reynolds This study investigates whether corporal punishment disproportionately targets males and African-American students. It finds that males are more likely than females to be corporally punished and that African-American students receive a higher rate of corporal punishments and suspensions.

The Individuals with Disabilities Education Act: 24 Understanding the Impact of Federal Funding on the Education of Students with Disabilities Audrey Miller This study examines the Individuals with Disabilities Education Act (IDEA), exploring in particular whether IDEA successfully provides students with Free Appropriate Public Education and the other aids that it promises. Ultimately, this study finds that IDEA is not being fully funded and does not fully cover the extra costs of educating students with disabilities.

An Extra Measure of Success: 36 The Relationship Between Extracurricular Funding and School Performance Cole Reynolds This study explores whether an increase in extracurricular funding leads to improved school performance. Ultimately, it finds that further research is needed to make a conclusion regarding the specific impact of extracurricular funding on overall school performance within individual districts.


Healthy Minds are Learnings Minds: 47 Examining the Crossroads of Mental Health and Education Mariana Paris This study explores the tangible steps schools can take to better serve their students and to effectively manage the existing mental health crisis. It concludes that the education system should implement a holistic and integrated plan to treat mental health issues.

Bringing America up to Speed: An Evaluation of Apprenticeship Education Methods

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Trenton Martin This study evaluates the effectiveness of apprenticeship programs in preparing youth to enter the modern workplace. It finds that apprenticeship programs increase job opportunities and salaries for workers when compared with other routes of preparing for the workforce.

Kangaroo Courts: The Case for Reforming Title IX Proceedings on Campus

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Benjamin Crosby This study analyzes whether the structure of Title IX contributes to the systemic mishandling of sexual assault proceedings on college campuses. Ultimately, it advocates for the adoption of stringent and uniform federal procedures for the handling of sexual assault allegations at the collegiate level.


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Letter From the Editor Dear readers, It is with great pride that I welcome you to the Fall 2019 edition of the George Wythe Review. This is the sixth issue of the Review that I have worked on—and it will also be my last. Starting in the spring, Cole Reynolds will be taking the helm and replacing me as Editor-in-Chief. I am fully confident in his ability to carry on the legacy of the Review, and I am so excited to watch him lead. This issue is unique, and I trust you will enjoy what it has to offer. For the first time ever, we have crafted a special issue of the Review, focusing on one of the most foundational elements of a democratic political order: education. In order to preserve the first principles that underlie a free society, a nation must prioritize the training of its youth. Sadly, the United States has struggled with the formation and maintenance of its educational system. Thus, this edition of the George Wythe Review explores the nuances of American education policy, addressing issues currently faced by students across the country. The opening study, authored by Ms. Ellen Reynolds, analyzes the use of corporal punishment in public schools throughout the United States. Ms. Reynolds examines the existing data to determine whether male students and AfricanAmerican students receive a disproportionate amount of corporal punishment. Ultimately, she advises school teachers to carefully consider the behavior control tactics they utilize and to ensure the wellbeing of all students. Ms. Audrey Miller authored our second study, which examines the effectiveness of the Individuals with Disabilities Education Act (IDEA). She highlights the lack of funding in the current system and discusses the ramifications for the education of children with disabilities. Though educating such students poses unique difficulties, Ms. Miller suggests that increasing the funding of IDEA can raise the quality of education that students with disabilities receive throughout the United States. The third study was conducted by Mr. Cole Reynolds, the future Editor-in-Chief of the George Wythe Review. He addresses one of the under-prioritized aspects of public school education: extracurricular activities. Mr. Reynolds suggests that while the relationship between extracurricular funding and school performance is difficult to trace, extracurricular activities provide students with many unquantifiable but invaluable benefits. The fourth study focuses on the intersection between mental health care and the American education system. Ms. Mariana Paris articulates the current barriers to the provision of adequate mental health treatment in public schools and suggests several steps that schools can take to manage the existing mental health crisis and care for struggling students.

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Our final two studies shift the focus to the world of higher education. Mr. Trenton Martin considers the efficacy of apprenticeship programs in the fifth study. He examines the impact that apprenticeship programs have on the job opportunities and salary potential enjoyed by their graduates. Because of the success these programs have seen in the midst of a rapidly changing job market, Mr. Martin suggests that they be expanded throughout the United States. Finally, the issue concludes with a study by Mr. Benjamin Crosby. He addresses the thorny issue of sexual assault on college campuses, exploring in particular whether the structure of Title IX contributes to the mishandling of sexual assault proceedings. Mr. Crosby advocates for the adoption of uniform federal procedures for the administrative handling of sexual assault allegations. I cannot bid the George Wythe Review farewell without expressing my gratitude to my wonderful staff. To my associate and assistant editors—Abi Carter and Coleman Raush—thank you for your diligence in completing all tasks, both small and large. To my brilliant research editing team—Spencer Reeves, Simon Sefzik, Josiah Dalke, David Bainbridge, Rachel McCracken, Calvin Klomparens, and Kellen Hemmings—I am so grateful for your commitment to integrity and attention to detail. Your hard work does not go unnoticed. To the fundraising staff—Cole Reynolds, Ben Crosby, Mariana Paris, and Patricia Mullett—thank you for your initiative and your enthusiasm in securing the future of the Review. To the publication crew—Jake Settle, Emma Lucas, Sam Ross, CJ Fellenbaum, Bella Kotiadis, and Celine Robishaw—thank you for the many, many hours you spend making our Review shine. I am continually impressed by your dedication and drive, not to mention your skill. And last but certainly not least, to my wonderful staff editors—Harrison McClintock, Jonathon Nave, Matthew Johnston, Nicholas Storz, and Chris Mims—you are the future of this journal. Thank you for your energy, your enthusiasm, and of course your many edits. I am honored to have had the privilege of working with all of you. We are also deeply grateful for the partnership of the Collegiate Network and the Leadership Institute; this journal would not exist without their support. Finally, from all of us here at the George Wythe Review, a resounding ‘thank you’ to our faculty sponsor, Dr. Michael Haynes. Thank you for your constant faith in us and your never-ending encouragement. Thank you for prodding us along when necessary and praying for us always. Thank you for your example. We hope we can live up to it. Best regards, Marina Barnes Editor-in-Chief

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PADDLING UPSTREAM: AN ANALYSIS OF THE DISPARITIES IN SCHOOL CORPORAL PUNISHMENT BASED ON GENDER AND RACE Ellen Reynolds

Abstract The use of corporal punishment in public schools has become increasingly controversial in recent years, particularly for the allegedly disproportionate use on male and African-American students. This study investigates whether there is a greater tendency on the part of educators to use physical force instead of noncorporal punishment on students of these demographics. To do so, this study looks at the statistical differences in the frequency of corporal punishment inflicted on males as compared to females and on African-American students as compared to white students. This research is then compared to data regarding how often students from each of these demographics receive nonphysical punishment, as represented by both in-school and out-of-school suspensions. Ultimately, this study concludes that male students are indeed disciplined using corporal punishment rather than suspension at a disproportionate rate. While African-American students do not appear to receive a disproportionate amount of corporal punishment overall, this study does conclude that African-American students usually receive both corporal punishments and suspensions at a higher rate than would be expected based on enrollment. ___________________________________

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Introduction Jayden is an African-American boy in the fifth grade who attends a public school in rural Mississippi. His mother stretches her income to cover basic necessities, but new clothes and accessories are never at the top of the family shopping list. Still, she tries to dress her children as neatly as possible. One day, Jayden shows up to school without wearing a belt, violating the school’s dress code. His teacher sends him to the principal for punishment. The principal picks up a shaved-down baseball bat propped up in the corner of his office, makes Jayden bend over and tuck his head between his legs, and swats him on the backside.1 Melissa is a young public school teacher in a Georgia district with a history of disciplinary issues. Her first-graders, especially the boys, show her little respect, and despite repeated suspensions and detentions, their behavior has not changed. Two of her male students get into a fistfight during recess. Melissa is powerless to physically restrain them; the instigator taunts her, jeering, “You can’t do nothing to us.” Every time the boys are suspended, they get further behind the class in their studies, making them even more likely to be distracted and disruptive in class. The use of corporal punishment in schools is highly contested. Some advocate for its complete abolition; others debate when and how it can be appropriately used. In some cases, like Melissa’s, supporters see corporal punishment as a necessary tool to restrain unruly students and to enable teachers to maintain order and authority. In other cases, such as Jayden’s, it can be abused and unfairly used on particular demographic groups. Critics have alleged that teachers are more likely to use physical force against male and African-American students, linking it to a discriminatory perception of aggression. If these accusations are true, this is an unacceptable discrepancy within the American education system. However, if they are unfounded, this is a serious accusation to level against well-meaning teachers. This study examines whether the proportions of males and African-American students who receive corporal punishment, as compared to females and white students, significantly differs from the proportion of males and African-American students who receive nonphysical punishments (represented by statistics on school suspensions). The hypothesis presented in this study is that the disparity in use of corporal punishment will not significantly differ from that of suspensions. If the hypothesis is correct, that conclusion does not necessarily eliminate the possibility of discrimination, since both punishments could still be levied more While fictitious, this story is not implausible. The use of corporal punishment on students who violate dress code by not wearing a belt was recorded in an interview by the Human Rights Watch (2018) with a fifth-grade girl in Mississippi in 2007, while the use of a shaved-down baseball bat was documented in another Human Rights Watch interview with former Houston teacher Jimmy Dunne in 2008. 1

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frequently against male and African-American students. However, it would seem to indicate that there is not a specific inclination on the part of educators to use physical force (as opposed to nonphysical punishment) on males and students of color. A discrepancy could simply reflect the frequency of behavioral infractions, such as a general tendency on the part of boys to be rowdier in classroom environments. Conversely, it could also indicate situational discrimination. If the hypothesis is incorrect and there is a visible difference between corporal and nonphysical punishment, it may suggest that these demographic groups more frequently commit the kinds of disciplinary infractions that teachers typically punish corporally, such as fistfighting. However, it may also show a discriminatory tendency on the part of educators to use physical force against students that they unfairly stereotype as rougher and more aggressive.

Literature Review In a report on the prevalence and disparities of corporal punishment in public schools, Gershoff and Font (2016) noted that corporal punishment by public educators is permitted in 19 states, although it is only exercised on less than 0.5% of schoolchildren. The practice as it remains is controversial; it is publicly denounced by 34 prominent national organizations, including the American Civil Liberties Union, the American Bar Association, the Human Rights Watch, and the National Education Association (Gershoff & Font, 2016). Despite vocal condemnation, the Supreme Court has upheld corporal punishment in schools as constitutional. In Ingraham v. Wright (1977), the Court concluded that corporal punishment in schools does not constitute cruel and unusual punishment as long as it is reasonable and not excessive. The prerogative of educators to physically punish students has roots in the doctrine of in loco parentis, originally linked to school personnel by William Blackstone in 1770 and defined by Conte (2000) as “the right to act as parents would when responding to disciplinary problems” (p. 195). Many recent studies and analyses have concluded that corporal punishment in schools disproportionately affects particular demographic groups, such as male and African-American students. A joint letter regarding nondiscriminatory administration of school discipline from the Department of Justice and the Department of Education listed corporal punishment as a potential example of “disparate impact,” a violation of federal law that occurs when schools “implement facially neutral policies and practices that, although not adopted with the intent to discriminate, nonetheless have an unjustified effect of discriminating against students on the basis of race” (Lhamon, 2014, para. 24). In an analysis of corporal punishment practices in Mississippi, Williams-Damond (2014) suggested that the number of incidents of corporal punishment applied to males and African-Americans “could be

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considered indicative of a potential human and civil rights issue” (p. 132). An article by the Brookings Institution concluded that the racial discrepancy “is a reminder that some aspects of the ‘bad old days’ are not fully behind us” (Startz, 2016, para. 1). James Gregory (1995) asserted that “there may simply be a greater willingness on the part of school personnel to hit children who are Black and male” (p. 459). Gershoff and Font (2016) noted the concentration of states that practice school corporal punishment in the South, placing the center of concentration in Arkansas, Alabama, and Mississippi. They considered the possibility that AfricanAmerican children might simply be more likely to attend a school that practices corporal punishment. With a few exceptions, corporal punishment is generally more prevalent in the South, which historically has a larger African-American population. However, they found that white children were “generally more likely than Black children to attend a school that uses corporal punishment” (Gershoff & Font, 2016, p. 10). The Human Rights Watch (2008) noted that “some might argue that African-American students are punished more because they commit more serious disciplinary infractions, or because they commit a higher number of minor disciplinary infractions” (p. 75). However, they concluded that no information was available from the Department of Education regarding the ratios of major and minor infractions committed by African-American as opposed to white students. Regarding the disparity between male and female students receiving corporal punishment, some have noted that males are more often perceived as aggressive while females are considered more physically fragile (Williams-Damond, 2014). Others cite common social aversions to hitting girls or an expectation that boys should be punished more harshly to prepare them for “different obstacles in life” (Human Rights Watch, 2008, p. 70). Gershoff and Font (2016) admitted to differences in the frequency of misbehavior between males and females but claimed it does not account for all of the disparity in physical punishment. Additionally, Gershoff and Font (2016) drew a correlation between perceived discrimination in the application of corporal punishment and lowered self-esteem in affected students, as well as heightened rates of depression and anxiety. They also suggested that it negatively impacts school behavior, which “may in turn lead to exacerbation of discipline disparities” (Gershoff & Font, 2016, p. 13).

Data and Methods This study compares the data on racial and gender breakdowns of students receiving corporal punishment in public elementary and secondary schools to the data regarding the racial and gender breakdowns of students receiving school suspensions. As a result, this study will analyze two main data sets from the 20132014 school year, both provided by the Office for Civil Rights of the Department of

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Education. It also will consider data on the national average between states that have reported use of corporal punishment, as well as from representative states which actually practice corporal punishment. First, this study will compare the number and percentage of male students who received corporal punishment in the 2013-2014 school year to the number and percentage of female students receiving corporal punishment. This information will be contrasted with the numbers and percentages of male and female students receiving in-school or out-of-school suspensions, representing nonphysical punishment. Second, this study will examine the data regarding African-American students who were corporally punished in the 2013-2014 school year and contrast these statistics with the numbers and percentages of African-American students receiving in-school or out-of-school suspensions. In doing so, it will take into account the representation of African-American students in overall enrollment. The students surveyed in this study include those without disabilities, as well as those with disabilities served under the Individuals with Disabilities Education Act and those with disabilities served under Section 504. Corporal punishment, as defined by the Department of Education Office for Civil Rights (2014a), “refers to paddling, spanking, or other forms of physical punishment imposed on a student” (p. 20). In-school suspension occurs when “a child is temporarily removed from his or her regular classroom(s) for at least half a day for disciplinary purposes, but remains under the direct supervision of school personnel” (United States Department of Education, 2014a, p. 20). Out-of-school suspension occurs when “a child is temporarily removed from his/her regular school for at least half a day (but less than the remainder of the school year) for disciplinary purposes to another setting (e.g., home, behavior center)” (United States Department of Education, 2014a, p. 20).

Research Parameters of Corporal Punishment

The use of corporal punishment in public schools has decreased over the past half-century, affecting less than 0.5% of students today compared with 4% of students in 1978 (Gershoff & Font, 2016). Historically, the geographical distribution of corporal punishment has been clustered in the South. For the 2006-2007 school year, all states that corporally punished more than 1000 students were in a single contiguous block in the southeast: Texas, Oklahoma, Arkansas, Louisiana, Mississippi, Missouri, Alabama, Tennessee, Kentucky, Georgia, Florida, South Carolina, and North Carolina (Breshears, 2014). However, not every district within a particular state practices corporal punishment; Gershoff and Font (2016) observed

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that states such as Oklahoma, Tennessee, Louisiana, Texas, and Georgia reported “only a small percentage of districts that corporally punish more than 25% of its students” (p. 7). They also noted that corporal punishment is significantly more widespread in Alabama, Mississippi, and Arkansas. Corporal punishment is normally administered by a school administrator such as a principal, assistant principal, vice principal, or coach, according to a report from the Human Rights Watch (2008). These actions are usually at a teacher’s referral, although in some cases teachers themselves will administer punishment, especially in younger grades. Schools may also coordinate with parents, allowing them to come to the school to spank their own children for infractions. In some districts, misbehaving children are given the opportunity to choose between receiving corporal punishment or a nonphysical punishment such as suspension (Human Rights Watch, 2008). Motivations for children choosing corporal punishment include avoiding the academic consequences of suspension, keeping punishment from their parents’ knowledge or their academic record, or (especially in the case of male students) presenting a tough appearance. The infractions for which corporal punishment can be prescribed vary from minor to severe. A list of “Punishments Recommended for School Offenses” from 1928 provides a historical example of corporally punishable behaviors; it includes infractions such as “impertinence,” “purposeful misbehavior in classroom,” and “open rebellion” (James, 1928, pp. 130-131). Based on interviews with students and school personnel, the Human Rights Watch (2008) found record of corporal punishment being applied to students for untucked shirts, tardiness, disrupting class, running in the hallway, talking back to a teacher, and failing to turn in homework. The same study also found that corporal punishment had been employed against students who committed more serious infractions such as fighting, becoming intoxicated, or setting off firecrackers. The North Carolina Department of Public Instruction (2015), for example, reported that for the 2013-2014 school year, 36% of cases of corporal punishment dealt with “disruptive behavior,” while 20% were for fighting, aggression, bullying, or other disorderly conduct (p. 105). The remaining 44% were for bus misbehavior, disrespect of staff, cell phone use, inappropriate language, or other infractions. Corporal punishment is used predominantly on elementary school students (Gershoff & Font, 2016).

Gender Disparities in Application of Corporal Punishment

Among all the states which reported use of corporal punishment to the Department of Education (2014b) for the 2013-2014 school year, 106,055 students received some sort of corporal punishment. Of these students, 79.9% were males,

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while female students made up only 20.1%.2 For context, 51.4% of public school students in the U.S. that year were male, while 48.6% were female (United States Department of Education, 2014e). Combining this data reveals that 0.33% of male students experienced corporal punishment, compared to 0.09% of female students: a percentage nearly four times as high for male students. The statistics are similar in representative states. In Texas, of the 18,367 students corporally punished, 82.3% were male and only 17.7% were female (United States Department of Education, 2014b). In Oklahoma, 82.1% were male, compared with 17.9% female. Of the states analyzed, the disparity was highest in Florida, where 84.4% were male and only 15.6% were female (United States Department of Education, 2014b). Mississippi had the highest total number of corporally punished students in the 2013-14 school year at 24,882; of this total, 74.9% were male compared with 25.1% female (United States Department of Education, 2014b). Corporal punishment is less common in Indiana, affecting only 212 students in the 2013-14 school year, but the proportion (81.1% male compared with 18.9% female) is still comparable. While the disparity in many of these states is slightly above the national average, they all fall close to or slightly above 80%, as demonstrated in Figure 1. The gender gap in the frequency of corporal punishment is significantly larger than the gender gap visible in statistics on school suspensions. However, suspensions are by no means applied evenly. Among the states that utilize corporal punishment,

Figure 1. Male representation (by percentage) among students receiving corporal punishment compared to male representation among students receiving suspensions (United Department of Education, 2014b; 2014c; 2014d). 2 This research is presented largely in percentages; for a complete comparison of both percentages and raw numbers of male and female students receiving various forms of punishment, see Appendix A.

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67.6% of students who received one or more in-school suspensions during the 20132014 academic year were male, while 32.4% were female (United States Department of Education, 2014c). The gender disparity in each of the states surveyed was the same or slightly lower—but still within just over two percentage points of the average. In Texas, 67.5% of students receiving in-school suspensions were male, along with 67.0% in Oklahoma, 67.4% in Florida, 65.5% in Mississippi, and 67.6% in Indiana. On average, then, the percentage of in-school suspended students that were male was more than ten percentage points lower than the percentage of corporally punished students that were male (79.9%, as determined above). Although the gender disparity in application of out-of-school suspensions is slightly higher than that of in-school suspensions, it is still noticeably lower than the disparity in application of corporal punishment. Among the states analyzed in this study, 70.2% of students who received out-of-school suspensions were male, compared with 29.8% who were female (United States Department of Education, 2014d). The disparities in representative states were within four percentage points: 70.3% male in Texas, 71.6% in Oklahoma, 72.0% in Florida, 68.0% in Mississippi, and 70.7% in Indiana. As indicated in Figure 1, although the representation of males among students receiving in-school and out-of-school suspensions is still noticeably higher than that of female students, it is significantly lower than the representation of male students receiving corporal punishment. This disparity in use of corporal punishment against male students is consistent with a study performed by James Gregory of St. John’s University (1995), which examined data from the Office for Civil Rights in 1992 and found that males accounted for 81.6% of students receiving corporal punishment. Williams-Damond (2014), in a study of corporal punishment in Mississippi, also found it to be disproportionately applied to male students. She theorized that school administrators might be more inclined to corporally punish males due to traditional assumptions of females as physically more delicate or due to a perception of male students as more aggressive. In a study of punishments in a “large, urban midwestern public school district” from 2005-2006, Butler, Lewis, Moore, and Scott (2012) noted that female students were more likely to be disciplined using “exclusionary sanctions” such as suspension, theorizing that the infractions of female students traditionally tend to be nonphysical while male students more often engage in physically aggressive disobedience (p. 13, 19). The tendency of male students to engage in more physical misbehaviors is one suggested explanation for their overrepresentation among corporally punished students. However, Gershoff and Font (2016) noted that while “boys have been found to be twice as likely as girls to be referred to the school office for discipline,” they are four times as likely to be corporally punished, a number consistent with the findings of this study (p. 11). The Human Rights Watch (2008) cited one teacher in

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Mississippi who said of the gender disparity in corporal punishment at her school, “I guess [girls are] more fragile, and a lot of them could be pregnant and we wouldn’t know it” (p. 70). A father interviewed in the same study commented that while he would not permit his daughter to be physically punished, he was harder on his sons as a way to prepare them for “different obstacles in life” (Human Rights Watch, 2008, p. 70).

Racial Disparities in Application of Corporal Punishment

Gender is not the only demographic where disparities in the application of corporal punishment exist. Among the 106,055 recorded instances of corporal punishment in the 2013-2014 school year, 37.7% involved African-American students compared with 50.0% involving non-Hispanic white students (United States Department of Education, 2014b). The other 12.2% involved students of American Indian, Alaskan Native, Asian, Latino, Hispanic, Native Hawaiian, or Pacific Islander heritage, or students of two or more races; these demographics are outside the limits of this study. While there were numerically less African-American students corporally punished than white students, the disparity becomes evident when contextualized by the number of African-American students enrolled in the states which practice corporal punishment. Overall, African-American students make up only 19.7% of public school students in these states, whereas white students represent 50.6% of enrollment (United States Department of Education, 2014b). The representation of African-Americans among corporally punished students is then almost twice as high as their representation among total students enrolled.3 Though the extent of the disparity varied in the representative states surveyed, African-American students were represented among corporally punished students at a higher percentage than they were represented in total enrollment in every state but Oklahoma. In Texas, African-Americans made up 17.2% of corporally punished students compared to 12.6% of total students enrolled (United States Department of Education, 2014b). Oklahoma, notably, had a lower percentage of corporally punished students who were African-American (5.7%) than students enrolled who were African-American (9.1%). African-American students in Florida were represented approximately equally in enrollment and corporal punishment, composing 25.3% of corporally punished students and 22.9% of total enrollment (United States Department of Education, 2014b). Representation of AfricanAmerican students among corporally-punished students was highest in Mississippi, where they accounted for 64.3% of corporally punished students and 49.6% of students enrolled. The disparity was greatest in Indiana, although the number 3 See Appendix B for a complete comparison of percentages alongside raw numbers of African-American students receiving various forms of discipline.

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of corporally punished students was relatively small. Of the students corporally punished, 60.8% were African-American, although African-American students compose only 11.8% of Indiana public school students (United States Department of Education, 2014b). Unsurprisingly, based on studies referenced above, AfricanAmerican students were overrepresented among corporally punished students in the majority of the states surveyed, as well as on average between the states which practice corporal punishment. What was unanticipated by the hypothesis of this study was that AfricanAmerican students were sometimes more overrepresented among suspended students than corporally punished students. Among the states which practice corporal punishment, African-American students composed 34.6% of students receiving in-school suspensions and 45.2% of students receiving out-of-school suspensions (compared to 37.7% of corporally punished students, as reported above) (United States Department of Education, 2014c, 2014d). In Texas, they composed 22.1% of in-school suspensions and 31.0% of out-of-school suspensions, both percentages higher than the representation of African-American students among those receiving corporal punishment in that state (United States Department of Education, 2014c, 2014d). Likewise in Oklahoma, African-American students composed a greater percent of students receiving in-school and out-of-school suspensions (19.6% and 27.3%, respectively) than of students receiving corporal punishment. The same was

Figure 2. African-American representation (by percentage) among students receiving corporal punishment, in-school suspensions, out-of-school suspensions, and enrollment (United States Department of Education, 2014b; 2014c; 2014d; 2014e).

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true in Florida, with African-Americans receiving 38.5% of in-school suspensions and 44.3% of out-of-school suspensions, and in Mississippi, where AfricanAmericans received 65.6% of in-school suspensions and 75.7% of out-of-school suspensions. Among the representative states surveyed, only in Indiana were African-American students less represented among suspended students than corporally punished students; there, African American students made up 28.0% of students receiving in-school suspensions and 35.3% of students receiving out-ofschool suspensions. Although the high rate of African-American students receiving corporal punishment in Indiana may be suspect, it should be noted that corporal punishment in Indiana is relatively infrequent (with 212 cases reported for the 20132014 school year), so the percentages may be more subject to annual variation. With the exception of Indiana, corporal punishment does not appear to be applied to African-American students at a higher rate than suspensions. However, in most cases, the representation of African-American students among both corporally punished students and suspended students is greater than might be expected based on enrollment. The overrepresentation of African-Americans among corporally punished students appears to have decreased over time. Gregory (1995) conducted a study analyzing data reported by the Office for Civil Rights in 1992 and found that AfricanAmerican students accounted for 44.4% of the recipients of corporal punishment. The Human Rights Watch (2008) also reported that the overrepresentation of African-American students among corporally punished students has continued over the past 30 years despite an overall decrease in the prevalence of physical punishment in schools. In an article published by Brookings, Startz (2016) noted that African-American students statistically tend to live in states that are more likely to practice corporal punishment, positing that this may be one explanation for their overrepresentation among students who are corporally punished. A report by the Human Rights Watch (2008) found this to be an uncompelling argument, noting that AfricanAmerican students are still overrepresented even when research is limited to the 13 states that paddled more than 1,000 students in 2006. Gershoff and Font (2016) also researched this possibility, comparing by state the percentages of both AfricanAmerican and white students who attend schools where corporal punishment is practiced. They found that it was actually more likely for white students to attend corporally-punishing schools. Additionally, Gershoff and Font (2016) found that whether African-American students are in the minority at their school had no effect on the likelihood of racial disparity in the application of corporal punishment. One Mississippi teacher suggested to the Human Rights Watch (2008) that corporal punishment was applied disproportionately to students based on their skin color because marks and bruising would be less visible on darker skin.

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In an analysis of the disparate rate of suspensions applied to African-American students, Butler et al. (2012) noted that other variables which were “closely intertwined with race” such as “low socioeconomic status, underachievement, urban residence, and school desegregation” contributed to the frequency of suspensions (p. 12). J. Wallace, Goodkind, C. Wallace, and Bauchman (2008), in a study of disciplinary disparities among high school students, noted several potential reasons for disproportionate application of discipline based on race. They first posited that African-American students might have more behavioral infractions, noting their higher likelihood to bring a weapon to school than white students. However, they observed that the disparities in infractions such as these or even in the racial makeup of students “sent to the office” or detained were not as severe as the disparities for punishments such as suspension or expulsion. The Department of Education has not comprehensively collected data on the kinds of offenses students commit, so it is indeterminable whether African-American students (or male students, for that matter) commit more serious disciplinary offenses that might be perceived as deserving of corporal punishment. Wallace et al. (2008) noted that some of the disparity may be due to discriminatory bias on the part of school administrators, although they admitted that proof of such bias is outside the limits of their study. They did suggest that language and cultural gaps between African-American students and school personnel may create an environment where teachers sometimes punish for behavior that was exaggerated by a cultural disconnect. Arcia (2007), in a study of suspensions of African-American students, suggested that teachers might misunderstand an “adolescent Black culture of toughness and defiance” as disruptive or aggressive (p. 598).

Reporting Corporal Punishment

In considering the above data, it should also be noted that not every usage of corporal punishment is necessarily reported. Interviews conducted by the Human Rights Watch (2008) indicated that corporal punishment often occurs “in a chaotic environment in which many instances of the practice are not recorded” (p. 3). Gregory (1995) noted that the stigma and controversial political environment surrounding corporal punishment may also discourage school administrators from accurately reporting every instance of corporal punishment. Especially if school administrators are aware of the suspicion surrounding the disproportionate application of corporal punishment to male or African-American students, they may fail to report instances which could increase the appearance of discriminatory bias. As a result, the proportional imbalance may actually be higher than indicated by the statistics above.

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Conclusion This study finds that the disproportionate rate at which male students are corporally punished is more pronounced than the disproportionate rate at which they are suspended. It also finds that in most states analyzed, the overrepresentation of African-American students among corporally punished students is not as high as their overrepresentation among suspended students. However, both male students and African-American students receive corporal punishment and suspensions at a higher rate than would be expected based on percentage of total enrollment. The hypothesis presented in this study, that the disparity in use of corporal punishment would not significantly differ from that of suspensions, was incorrect regarding male students. As applied to African-American students, data was less uniform across states; the hypothesis was correct when compared to the average of all states which practice corporal punishment, but the percentages in each state varied. The fact that male students and African-American students are corporally punished at a greater rate than their female or white counterparts does not necessarily prove discriminatory tendencies on the part of school administrators. However, the apparent imbalance should encourage parents and educators to critically examine the exercise of discipline in public schools. Especially given the greater discrepancy in application of corporal punishment to male students, there may be some foundation for the claim that school administrators are more disposed to use physical force against male students due to perceptions of aggression, founded or otherwise. If there are implications of discrimination in the use of corporal punishment in public schools, this is a worthwhile area for further research. It would be helpful to examine the kinds of misbehaviors children who are corporally punished commit and to research whether male and female students are corporally punished for the same kinds of offenses. Likewise, it would be worthwhile to note whether AfricanAmerican students are corporally punished for the same kinds of offenses as white students or Hispanic students. Such research could help shed light on whether the findings of this paper suggest discriminatory practices on the part of educators. It would also be interesting to research the representation of other racial or ethnic minorities, such as Native American or Hispanic/Latino students, among students who are corporally punished. Finally, the application of corporal punishment to students with disabilities is another notable area for further research. If the discrepancies noted by this study are indicative of discriminatory tendencies, then these implications make it an area of study well worth further investigation. Punishment for wrong behavior is a crucial, if unpleasant, aspect of a child’s upbringing, but it should cultivate desires and habits of right behavior.

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If punishment is executed improperly, its repercussions can follow a child for the rest of his life. A student should be punished out of a tempered and earnest desire to train him in acting rightly—if this motivation is supplanted by discrimination, punishment ceases to serve its proper aim.

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Reference List Arcia, E. (2007). Variability in schools’ suspension rates of black students. The Journal of Negro Education, 76(4), 597-608. Retrieved from https://searchproquest-com.ezproxy.phc.edu/docview/222107139?accountid=13113 Breshears, E. (2014). Is it time for a U.S. policy to ban corporal punishment of schoolchildren? International Journal of Educational Reform, 23(1), 2-24. doi:10.1177/105678791402300101 Butler, B. R., Lewis, C. W., Moore, J. L., III, & Scott, M. E. (2012). Assessing the odds: Disproportional discipline practices and implications for educational stakeholders. The Journal of Negro Education, 81(1), 11. doi:10.7709/ jnegroeducation.81.1.0011 Conte, A. E. (2000). In loco parentis: Alive and well. Education, 121(1). Retrieved from http://web.b.ebscohost.com/ehost/pdfviewer/ pdfviewer?vid=5&sid=0c252b93-7595-443d-97bb-43276579d0dd%40pdc-vsessmgr04 Gershoff, E. T., & Font, S. A. (2016). Corporal punishment in U.S. public schools: Prevalence, disparities in use, and status in state and federal policy. Social Policy Report, 30(1). Retrieved from https://files.eric.ed.gov/fulltext/ ED569208.pdf Gregory, J. F. (1995). The crime of punishment: Racial and gender disparities in the use of corporal punishment in U.S. public schools. The Journal of Negro Education, 64(4), 454-462. doi:10.2307/2967267 Human Rights Watch. (2008). A violent education: Corporal punishment of children in US public schools (Rep.). Retrieved from https://www.hrw.org/ sites/default/files/reports/us0808_1.pdf Ingraham v. Wright, 430 U.S. 651 (1977). James, H. W. (1928). Punishments recommended for school offenses. The Elementary School Journal, 29(2), 129-131. Retrieved from https://www.jstor. org/stable/995450?read-now=1&refreqid=excelsior%3A25c95887eef153d02 1d3d174972cca73&seq=2#page_scan_tab_contents

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Lhamon, C. E., & Samuels, J. (2014). Dear colleague letter on the nondiscriminatory administration of school discipline. United States Department of Education. Retrieved from https://www2.ed.gov/about/ offices/list/ocr/letters/colleague-201401-title-vi.html North Carolina State Board of Education, Department of Public Instruction. (2015). Report to the Joint Legislative Education Oversight Committee (Report No. 30-31). Retrieved from http://www.ncpublicschools.org/docs/research/ discipline/reports/consolidated/2013-14/consolidated-report.pdf Startz, D. (2016, January 14). Schools, black children, and corporal punishment. Brookings. Retrieved from https://www.brookings.edu/blog/brown-centerchalkboard/2016/01/14/schools-black-children-and-corporal-punishment/ United States Department of Education/Office for Civil Rights. (2014a). 201314 Civil Rights Data Collection LEA Form and All Schools Form Definitions. Retrieved from https://ocrdata.ed.gov/Downloads/2013-14-CRDCDefintions.pdf United States Department of Education/Office for Civil Rights. (2014b). Number and percentage of public school students with and without disabilities receiving corporal punishment by race/ethnicity, by state: School Year 2013-2014 [Data Set]. Retrieved from https://ocrdata.ed.gov/StateNationalEstimations/ Estimations_2013_14 United States Department of Education/Office for Civil Rights. (2014c). Number and percentage of public school students with and without disabilities receiving in-school suspensions by race/ethnicity, by state: School Year 2013-14 [Data Set]. Retrieved from https://ocrdata.ed.gov/StateNationalEstimations/ Estimations_2013_14 United States Department of Education/Office for Civil Rights. (2014d). Number and percentage of public school students with and without disabilities receiving one or more out-of-school suspensions by race/ethnicity, by state: School Year 2013-14 [Data Set]. Retrieved from https://ocrdata.ed.gov/ StateNationalEstimations/Estimations_2013_14

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United States Department of Education/Office for Civil Rights. (2014e). Public school students overall and by race/ethnicity, students with disabilities served under IDEA and those served solely under Section 504, and students who are English language learners, by state: School Year 2013-14 [Data Set]. Retrieved from https://ocrdata.ed.gov/StateNationalEstimations/Estimations_2013_14 Wallace, J. M. Jr., Goodkind, S., Wallace, C. M., & Bachman, J. G. (2008). Racial, ethnic, and gender differences in school discipline among U.S. high school students: 1991-2005. Negro Educational Review, 59(1), 47-62. Retrieved from https://search-proquest-com.ezproxy.phc.edu/ docview/219037950?accountid=13113 Williams-Damond, T. A. (2014). An analysis of corporal punishment practices in the state of Mississippi. ProQuest Dissertations Publishing. Retrieved from https://search.proquest.com/docview/1549966624

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Appendix A Male Students Compared to Female Students Receiving Corporal Punishment, InSchool Suspensions, and Out-of-School Suspensions in the 2013-2014 School Year Number of Students Corporally Punished

Male Students Corporally Punished

Percentage of Corporally Punished Students that are Male

Female Students Corporally Punished

Percentage of Corporally Punished Students that are Female

Total in states with corporal punishment

106,055

84,738

79.9%

21,317

20.1%

Texas

18,367

15,109

82.3%

3,258

17.7%

Oklahoma

6,348

5,212

82.1%

1,136

17.9%

Florida

1,936

1,634

84.4%

302

15.6%

Mississippi

24,882

18,649

74.9%

6,233

25.1%

Indiana

212

172

81.1%

40

18.9%

Table A1. Students receiving corporal punishment in the 2013-2014 school year (United States Department of Education, 2014b). Number of Male Percentage of Female Students Students Suspended Students Suspended Suspended Students that Suspended are Male

Percentage of Suspended Students that are Female

Total in states with corporal punishment

1,944,540

1,315,303

67.6%

629,237

32.4%

Texas

514,312

347,039

67.5%

167,273

32.5%

Oklahoma

44,476

29,810

67.0%

14,666

33.0%

Florida

163,592

110,330

67.4%

53,262

32.6%

Mississippi

58,561

38,375

65.5%

20,186

34.5%

Indiana

73,781

49,869

67.6%

23,912

32.4%

Table A2. Students receiving one or more in-school suspensions in the 2013-2014 school year (United States Department of Education, 2014c).

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Students Male Suspended Students Suspended

Percentage Female of Suspended Students Students that Suspended are Male

Percentage of Suspended Students that are Female

Total in states 1,561,637 with corporal punishment

1,095,659

70.2%

465,978

29.8%

Texas

246,474

173,302

70.3%

73,172

29.7%

Oklahoma

38,622

27,667

71.6%

10,955

28.4%

Florida

136,931

98,570

72.0%

38,361

28.0%

Mississippi

47,813

32,503

68.0%

15,310

32.0%

Indiana

69,891

49,417

70.7%

20,474

29.3%

Table A3. Students receiving one or more out-of-school suspensions in the 20132014 school year (United States Department of Education, 2014d).

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Appendix B African-American Students Receiving Corporal Punishment, In-School Suspensions, and Out-of-School Suspensions in the 2013-2014 School Year, Proportional to Enrollment African Percentage Students American of African Corporally Students American Punished Students

Corporally Punished African American Students

Percentage of Corporally Punished Students that are African American

Total in 6,558,899 states with corporal punishment

19.7%

106,055

40,023

37.7%

Texas

649,428

12.6%

18,367

3,150

17.2%

Oklahoma

62,481

9.1%

6,348

359

5.7%

Florida

622,750

22.9%

1,936

490

25.3%

Mississippi

245,151

49.6%

24,882

16,010

64.3%

Indiana

121,446

11.8%

212

129

60.8%

Table B1. Students receiving corporal punishment in the 2013-2014 school year (United States Department of Education, 2014b; 2014e). African American Students Enrolled

Percentage Students of African Suspended American Students

Suspended African American Students

Percentage of Suspended Students that are African American

Total in states with corporal punishment

6,558,899

19.7%

1,944,540

673,188

34.6%

Texas

649,428

12.6%

514,312

113,598

22.1%

Oklahoma

62,481

9.1%

44,476

8,731

19.6%

Florida

622,750

22.9%

163,592

62,973

38.5%

Mississippi

245,151

49.6%

58,561

38,411

65.6%

Indiana

121,446

11.8%

73,781

20,650

28.0%

Table B2. Students receiving one or more in-school suspensions in the 2013-2014 school year (United States Department of Education, 2014c; 2014e). 22 • Fall 2019


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African Percentage Total American of African Number of Students American Students Students Suspended

Suspended Students that are African American

Percentage of Suspended Students that are African American

Total in 6,558,899 states with corporal punishment

19.7%

1,561,637

705,081

45.2%

Texas

649,428

12.6%

246,474

76,431

31.0%

Oklahoma

62,481

9.1%

38,622

10,549

27.3%

Florida

622,750

22.9%

136,931

60,625

44.3%

Mississippi

245,151

49.6%

47,813

36,188

75.7%

Indiana

121,446

11.8%

69,891

24,674

35.3%

Table B3. Students receiving one or more out-of-school suspensions in the 20132014 school year (United States Department of Education, 2014d; 2014e).

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THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT: UNDERSTANDING THE IMPACT OF FEDERAL FUNDING ON THE EDUCATION OF STUDENTS WITH DISABILITIES Audrey Miller Abstract The federal government has advocated for equal access to education since the Civil Rights Act of 1964. Since then, a number of bills have been enacted to further equal access to education. In particular, the Individuals with Disabilities Education Act (IDEA) sought to provide students with disabilities equal access to a quality education and to equip them for life-long success. Currently, there are about six million students who benefit from IDEA. In the years since IDEA has been enacted, knowledge of the best ways in which to educate students with disabilities has grown. This study explores whether IDEA has grown along with this new understanding, examining in particular whether IDEA enables students to enjoy Free Appropriate Public Education (FAPE) and the other aids that it promises to provide. Ultimately, this study finds that IDEA is not being fully funded and is thus unable to fully cover the extra costs of educating students with disabilities. ___________________________________

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Introduction In Fall of 2015, four-year-old Seth Murrell was just finishing up his first month at a local public preschool in Atlanta, Georgia, when his mother received a call. She was informed that her son was going to be moved from their local school to a distant school that was part of the Georgia Network for Educational and Therapeutic Support (GNETS). For the past month, Seth Murrell’s mother had received a phone call from the school almost every day demanding that she pick up Seth early because he had been disrupting the classroom. The issues varied by day: one day, he would have shouted in class, another he would have spit on his teacher. The school was unwilling and unable to handle Seth’s behavior any longer (Aviv, 2018). These behaviors, which were later explained by a diagnosis of autism, led to Seth’s transfer to a school for students who suffered from trauma, bipolar disorder, schizophrenia, A.D.H.D., and autism. Students like Seth were confined to small classrooms separate from their peers. Seth and his classmates were taught by teachers untrained to handle students with these disabilities. The school was unable to provide any resources to assist Seth, as they lacked a nurse, social worker, or any kind of behavioral specialist; instead, they simply encouraged Seth’s mother to give him “something to keep him still” (Aviv, 2018, para. 26). In his first year at this school, Seth’s aunt found him in a classroom by himself sleeping while his teacher was in another room. At some points, Seth even faced physical abuse: when he was just six years old, Seth’s teacher struck him multiple times and continued to do so even after he fell to the ground (Aviv, 2018). The school that was tasked with providing a quality education for students with autism and support for their families turned out to be a nightmare for the Murrell family. In the United States, federal legislation exists to protect students like Seth from suffering abuse or neglect at school. Since the Civil Rights Act of 1964 and the Rehabilitation Act of 1973, the federal government has sought to protect those with disabilities from discrimination and to secure their right to participate in government funded programs. In 1975, the Education for All Handicapped Children Act (EHA) was enacted to protect the rights of children with disabilities to access public education. In 1990, that piece of legislation was reissued as the Individuals with Disabilities Education Act (IDEA) to protect and support children with disabilities from infanthood to 21 years of age. IDEA provides early intervention services to help parents recognize their child’s disability, ensures access to free appropriate public education, equips parents and students with tools to succeed, and enables states' efforts to educate students with disabilities. IDEA provides funding for states whose schools adhere to the standards outlined in the law, which encourage schools to hire highly qualified teachers, equip students and their families with the necessary tools to achieve unique educational

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goals, and support the needs of each unique student to ensure they have the ability to take part in meaningful education with their peers. Stories like Seth’s raise a number of questions: If federal legislation like IDEA protects the fair treatment of children with disabilities in the public education system, why are students like Seth forced to suffer in schools like those in the GNETS system? Why did the public school system prohibit Seth from remaining at his local school in the first place? Why were his teachers at his State Education and Therapeutic Support school untrained to handle his disability? Why was this school unable to provide Seth and his family with necessary resources? These questions lead to a more fundamental question, which this study seeks to answer: Does IDEA actually succeed in ensuring the proper education of students with disabilities from a federal level? This study hypothesizes that IDEA is currently hindering schools in their provision for students with disabilities in that it fails to provide states with adequate funding to care for students with disabilities and does not mandate uniform contribution of funds towards special education among states.

Literature Review Given the wide array of factors that play into the successful implementation of the Individuals with Disabilities Education Act, the literature is quite broad in scope. Scholars have analyzed everything from the means of education mandated by IDEA to the allocation of funds to the enforcement of IDEA itself. IDEA (2004) does not actually mandate a specific approach in regards to the actual strategies and curriculum for educating students with disabilities. In alignment with its true nature as a civil rights act, IDEA simply mandates that students with disabilities be educated using the least restrictive means possible. The least restrictive means implies that to the extent possible, or to the extent a school can afford, students served under IDEA should be educated in regular classrooms with their neurotypical peers. It is generally agreed upon that IDEA’s requirement of educating students in the least restrictive means is the best way of protecting students with autism’s right of equal access to education. According to an article published by the Organization for Autism Research, “The practice of inclusion is based upon protecting children’s access to education and benefiting from such practice. For those with [Autism Spectrum Disorder], proposed benefits often center on improved social acceptance and improved social communication” (Campbell, 2016, para. 4). The article further explained that while there is great potential for the social growth of students with autism through learning in regular classrooms, inclusion requires professional support and intervention from teachers experienced with the Autism Spectrum Disorder (ASD). Without that support, inclusive education could easily result in negative experiences for both students with ASD and their peers (Campbell,

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2016). There is little dissent regarding the actual model for educating students with autism laid out in IDEA. However, some scholars have criticized the lack of standardized support among schools to ensure the practical and successful implementation of the best practices for educating students with autism under IDEA. According to a report published by the Interagency Autism Coordinating Committee (2017), there are few national organizations that assist schools in providing students on the spectrum with a quality education that meets their needs, and schools that do so remain the minority. This report claimed that it is the lack of professional support across the board that limits the majority of these schools from implementing the quality education that IDEA strives to provide. Claypool and McLaughlin (2017) responded to IDEA’s lack of standards in implementing best educational practices in schools across the nation in their book, How Autism is Reshaping Special Education: The Unbundling of IDEA. In this work, the authors explored whether IDEA is necessary to ensure free appropriate public education for students with autism specifically because of the vastly unique needs of each individual student (Claypool & McLaughlin, 2017). They argued that IDEA is becoming increasingly out of touch with new advancements on the behavioral analysis and treatment of autism (Claypool & McLaughlin, 2017). They quoted Lorri Unumb, an attorney with the organization Autism Speaks, who criticized IDEA at the federal level: IDEA is so ill-suited to provide the modifications and accommodations and the instruction that many children with autism need… it is such a patchwork from state to state. It may be that removing IDEA in states where special education works better, like New York or Massachusetts would be a disastrous step, but in states where special education doesn’t work well, I wonder how much difference it would make. (2017, pp. 119-120) Claypool and McLaughlin (2017) noted that ensuring positive results for students with autism is an extremely difficult task but concluded by demanding more from IDEA in its reauthorization. They called for IDEA to go beyond the mere provision of equal access to education and to actually address the outcome of that access. Claypool and McLaughlin (2017) also made an appeal for increased funding. The National Council on Disability (NCD) reached a similar conclusion in their 2018 report Broken Promises: The Underfunding of IDEA. They cited complaints from parents of students with disabilities in which the schools responded that they lacked the funding and resources to provide special accommodations. The National Center for Learning Disabilities (NCLD) (2018) attributed such problems

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to a lack of adequate funding for the implementation of IDEA. Ultimately, NCLD (2018) advocated for the full funding of IDEA, arguing that because IDEA is not fully funded, schools may have to cut programs that benefit all students to cover the additional costs of providing for students with disabilities. Schools are also more likely to struggle to recruit and retain qualified teachers due to tight budgets (NCLD, 2018).

Data and Methods This study hypothesizes that IDEA is hindering schools from providing adequate special education and support for students with disabilities and their families because it is vastly underfunded and does not set a uniform standard for state contribution towards funding special education. This study will first identify the fundamental provisions set forth by IDEA in ensuring that each and every child who matches the qualifications receives their free appropriate public education. It will then conduct a quantitative analysis of the data recorded in reports issued by the Department of Education on the implementation of IDEA and the type of students assisted. Furthermore, this study will provide a qualitative analysis of reports issued by the National Council on Disability on the effectiveness of IDEA in public education. It will also explore several first-hand accounts of teachers and parents of students served under IDEA. Finally, this study will analyze the funding allocated to the states through IDEA in the context of Congress’s original promise for funding through IDEA. Before analyzing the impact of IDEA, it is important to clarify its role among numerous civil rights policies that protect citizens with disabilities. The first step to understanding IDEA’s role is to define free appropriate public education (FAPE). FAPE was instituted by Section 504 of the Rehabilitation Act of 1973, which is an anti-discrimination act that protects the right of citizens with disabilities to take part in federally funded organizations. FAPE is defined in Section 504 as an education that a) is tailored to the individual student’s needs, b) takes place in classrooms with nondisabled students (to the maximum extent appropriate for the individual with a disability), c) is periodically reevaluated to protect students against misclassification, and d) ensures the due process procedures for parents to receive notices, records of their children, and the ability to challenge their child’s placement (United States Department of Education/Office for Civil Rights, 2010). Though Section 504 and IDEA overlap in some areas, they are separate statutes. Section 504 is a civil rights code that protects the rights of those with disabilities, but it does not provide federal funding. IDEA, while a law that also protects the rights of those with disabilities, is a funding program and serves a more focused group. It is much simpler to qualify for protection under Section 504 than under IDEA,

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in large part because IDEA requires proof of academic improvement from a child with a disability, while Section 504 does not. Thus, while Section 504 and IDEA have similar aims, not all students protected under Section 504 are served under IDEA, as Section 504 has a broader scope.

Research The History and Provisions of IDEA

IDEA is “a law that makes available a free appropriate public education (FAPE) to eligible children with disabilities throughout the nation and ensures special education and related services to those children” (“About IDEA,” n.d., para. 1). It originated as the Education for All Handicapped Children Act (EHA), signed into law by President Gerald Ford in 1975. As a federal law, IDEA has limited jurisdiction on the actual methods and curriculum offered in schools across the nation. Instead, IDEA (2004) recognizes the authority of the states and encourages states to collaborate with schools, local agencies, and parents of students with disabilities in order to formulate the best possible strategies for educating children according to their specific needs. According to IDEA (2004), each state must ensure that every eligible child has access to FAPE and has an Individualized Education Program (IEP) or an Individualized Family Service Plan (IFSP) by their third birthday. As part of providing FAPE and an IFSP, states must provide nonacademic services such as “counseling services, athletics, transportation, health services, recreational activities, special interest groups, or clubs by the public agency” (34 CFR § 300.107, 2006). IDEA tasks state and local governments with the responsibility of formulating effective aid; however, it also establishes federal standards for an effective educational system. These include defining and maintaining high academic standards, providing transportation and other health services, and formulating programs based on scientific research. It further mandates access to trained personnel and support for parents (IDEA, 2004). The states are required to comply with these statutes in order to receive federal funding (“About IDEA,” n.d.). In order to ensure that all children who are eligible for IDEA are being helped, states must follow a standardized process. First, states are legally obligated by what is known as the “Child Find” mandate to find every child with a disability that could potentially be eligible for IDEA services. Second, schools must evaluate the child to determine their eligibility. If a child is found eligible, the school staff must host an IEP meeting with the parent in which they analyze the child’s current performance, decide on annual goals and transportation needs, and discuss the child’s participation in regular classrooms and state and district-wide tests. Finally, schools must provide services according to the child’s IEP, track the child’s progress, and meet with the

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parents annually to re-evaluate the IEP. Once every three years, a child may be reevaluated to ensure that they are still eligible to be served under IDEA (United States Department of Education/Office of Special Education and Rehabilitative Services, 2000).

Students Served Under IDEA

In December 2004, the most recent reauthorization of IDEA added a requirement that the Department of Education publish an annual report of the children it serves (Department of Education, 2018). According to the Department of Education’s latest report, 6,048,882 students between the ages of 6 and 21 were served under IDEA in 2016 (Department of Education, 2018). Those students are divided into seven different categories according to their disability: autism, emotional disturbances, intellectual disabilities, speech or language impairments, specific learning disabilities, other health impairments, and other disabilities combined. The largest category by far is specific learning disabilities, which accounts for over one third of the students served under IDEA (Department of Education, 2018). Another significant demographic served is children with autism. IDEA defines autism as “a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three that adversely affects a child’s educational performance” (34 CFR § 300.8(c)(1)(i), 2006). The Department’s 2018 report indicated that the population of children with autism under IDEA has steadily increased since 2010. According to the report, 6.4% of the population served under IDEA was diagnosed with autism (Department of Education, 2018). According to the Department’s most recent report, the percentage of students with autism served under IDEA now stands at 9.6% (Department of Education, 2018).

IDEA’s Implementation of FAPE

The Department’s report also monitors whether students with autism are receiving FAPE by recording the extent to which students with disabilities are educated in the same classrooms as their peers without disabilities. Out of the students diagnosed with autism served under IDEA, 39.4% spent 80% or more of the day in a regular classroom, 18.0% spent between 40% and 79% of the day in a regular classroom, 33.4% spent less than 40% of the day in a regular classroom, and 9.2% spent the entirety of the day outside of the regular classroom (Department of Education, 2018). The numbers indicate that not all students with autism are being educated using the least restrictive means. It is impossible to judge solely from this quantitative analysis why the majority of students are spending less than 80% of class time in regular classrooms. It could be because some students could not operate in the least restrictive environments or

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perhaps because teachers are untrained to educate students with autism. Schools may simply not have the finances or resources needed to enable these students to operate in regular classrooms. Most likely, these numbers are due to a combination of these factors. Either way, these numbers reveal IDEA’s ineffectiveness in equipping schools to provide maximum regular classroom time for students with autism.

Accounts of Teachers and Parents Operating under IDEA

In order to uncover why students with disabilities are not being adequately served under IDEA, it is necessary to look at the qualitative sources. The best sources for information on the effectiveness of IDEA are teachers, school principals, and most importantly, parents of students with disabilities. In 2016 alone, the Office of Civil Rights received about 6,000 complaints alleging violations of various rights of students with disabilities (Department of Education, 2018). There were 1,177 complaints alleging that students were being subjected to different treatment, exclusion, or denial of benefits. Another 1,209 complaints mentioned suffering due to retaliation from the schools. Yet another 2,141 complaints were raised claiming that students were being denied FAPE (Department of Education, 2018). The Department of Education’s 2018 report included several specific examples of these complaints. For instance, the San Bernardino County Office of Education was found to have violated Section 504 of the law. The office did not have the right procedures in place to identify students’ disabilities, and consequently, students did not receive the individual aid they needed. The National Council on Disability’s 2018 report included accounts from several parents regarding IDEA’s ineffectiveness. One parent was told that the school could not afford to pay for evaluations to diagnose their child with a disability. The parent of another student with autism and other disorders said, “Right now, my child is receiving four hours of parent training and a bus. And that’s it” (NCD, 2018, p. 36). Another parent commented that her child “needed speech therapy, but [that] even if it’s necessary, the school district doesn’t pay for it” (NCD, 2018, p. 35). The testimony of these parents suggests that schools are suffering as a result of the lack in funding from IDEA.

Funding at the Federal, State, and Local Level

IDEA (2004) created a structure in which “full funding” by the federal government would cover 40% of the average per pupil expenditure for each student served under IDEA in each state. However, as a 2018 National Education Association (NEA) report noted, actual funding has never even come close to “full funding.” This report indicated that since 2009, the percentage of the average per pupil expenditure covered by IDEA has decreased and now sits at 14.6%, its lowest level since 2001 (National Education Association, 2018). It added that because of the lack

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of funding through IDEA, even more responsibility for funding special education has been pushed onto the states (National Education Association, 2018). This multibillion dollar burden has affected each state to a varying degree. In Georgia, the state must now provide about $698 million in funding which could have been covered under IDEA. Likewise, California and Texas each had to pay approximately $1.8 billion because “full funding” was not provided (National Education Association, 2018). In total, the federal government has left a hefty $21.5 billion of its potential funding up to the states (National Education Association, 2018). An additional factor, though, makes the consequences of this issue unpredictable: IDEA sets no uniform standard mandating that states direct their money towards special education. In fact, IDEA does not direct any funding from the states towards the extra costs of special education. While some states will make a good faith effort to reconcile IDEA’s lack of funding for special education, other states will direct less of their own funds towards special education. Special education suffers more in some states than in others because there is no law outlining a required amount of state funding for the additional costs of educating students with disabilities. In March of 2019, Congress introduced a bill to gradually increase IDEA funding over ten years. If this bill passes, IDEA’s funding will jump from about $11.9 billion to $43.3 billion (S. 866, 2019). This bill was also introduced into the House of Representatives in February of 2014 (H.R. 4136, 2014), reintroduced to the House in 2015 (H.R. 551, 2015) and introduced to the Senate in 2018 (S. 2542, 2018). However, even if this bill passes, students with disabilities will continue to suffer in the public school system while states wait a decade for IDEA to reach “full funding.” During the wait, there is no guarantee that states will provide schools with the requisite funding to meet the requirements of IDEA in providing FAPE and outside support for students with disabilities.

Conclusion Students with disabilities are suffering. They are not receiving the free appropriate public education that was guaranteed them in 1973 through the Rehabilitation Act. First-hand accounts from parents and teachers have demonstrated that schools across the nation are unable to provide an education tailored to the needs of each unique student because they cannot afford to hire special education teachers. Schools are failing to provide support for students and parents outside of the classroom through counseling and therapy because they are unable to afford qualified staff. Data shows that many students with disabilities, particularly those with autism, are still being taught by restrictive means, instead of in regular classrooms. The evidence is clear—schools are underperforming because

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they are not receiving the necessary funding to fulfill their IDEA-outlined role of providing resources to students with disabilities and their parents. Schools do not have the funding they need to provide for students with disabilities because they bear an expensive burden that should be carried at the federal level. IDEA promised up to 40% of the average per pupil expenditure since its reauthorization in 2004. However, IDEA fails to meet even half of that potential today. Moving forward, three steps should be taken in order for special education in the United States to provide effectively for students with disabilities. First, the long term goal should be to establish full funding under IDEA. Over time, the federal government needs to increase funding through IDEA to reach the 40% of the average per pupil expenditure for every student served under IDEA. Once IDEA is fully funded, states can refocus their budget on improving programs that benefit all students. Second, while the first step is underway, there needs to be a temporary solution ensuring that states allocate a standard amount of funds towards special education. As states wait for fuller funding through IDEA, the federal government should mandate a required sum of funding from the states be directed towards special education. This sum would gradually decrease as federal funding through IDEA gradually increased. Finally, more research should be conducted on how states can efficiently use their funding for special education. There is no current or exact data that measures how much states and districts pay towards special education. Not only are states not required to pay anything towards special education, but they are also not held accountable for keeping track of the expenditures if they do so. Since there is no recent data recording spending on special education at the state and local level, no clear evidence demonstrates how much it actually costs to educate a student with disabilities. Provision of counseling, nurses, and individualized attention to students with disabilities indicates that special education is far more expensive than educating other students. Each additional cost will vary depending on the student’s individual needs. However, it is important to have at least a baseline understanding of the range of additional costs so that the public school system can work towards more efficient use of funds in special education. Throughout the history of this nation, brave men and women have fought for the right to equal opportunity. Today, that battle continues for students with disabilities in the education system. In order to protect students’ fundamental right to free appropriate public education and support, the United States must increase funding through IDEA and mandate its direction towards special education.

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Reference List 34 CFR § 300.107 (2006). 34 CFR § 300.8 (2006). About IDEA. (n.d.). Retrieved from https://sites.ed.gov/idea/about-idea/#IDEAHistory Aviv, R. (2018, September 24). Georgia’s separate and unequal special-education system. The New Yorker. Retrieved from https://www.newyorker.com/ magazine/2018/10/01/georgias-separate-and-unequal-special-educationsystem Campbell, J. (2016). The importance of peers in inclusive education for individuals with ASD. Organization for Autism Research. Retrieved from https://researchautism.org/the-importance-of-peers-in-inclusive-educationfor-individuals-with-asd/ Claypool, M. K. & McLaughlin, J. M. (2017). How autism is reshaping special education: The unbundling of IDEA. Lanham, MD: Rowman & Littlefield. IDEA Full Funding Act, H.R. 4136, 113th Cong. (2014). IDEA Full Funding Act, H.R. 551, 114th Cong. (2015). IDEA Full Funding Act, S. 2542, 115th Cong. (2018). IDEA Full Funding Act, S. 866, 116th Cong. (2019). Individuals with Disabilities Education Improvement Act, 20 U.S.C. § 1400 et seq. (2004). Interagency Autism Coordinating Committee. (2017). Interagency Autism Coordinating Committee strategic plan for Autism Spectrum Disorder. Retrieved from https://iacc.hhs.gov/publications/strategic-plan/2017/ National Center for Learning Disabilities Policy Team. (2018). Idea full funding: Why should Congress invest in special education? National Center for Learning Disabilities. Retrieved from https://www.ncld.org/archives/actioncenter/what-we-ve-done/idea-full-funding-why-should-congress-invest-inspecial-education

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National Council on Disability. (2018). Broken promises: The underfunding of IDEA (Rep.). Retrieved from https://ncd.gov/sites/default/files/NCD_ BrokenPromises_508.pdf National Education Association. (2018). IDEA funding gap. Retrieved from https://www.nea.org/assets/docs/IDEA-Funding-Gap-FY2017-with-State-Table.pdf?fbclid=IwAR0EoNjMSXh6OH2_ QFhE1NloWFootkw4K7KFJY3iHfQ0tNR877cjQpUFmts United States Department of Education/Office for Civil Rights. (2010). Free appropriate public education for students with disabilities: Requirements under section 504 of the Rehabilitation Act of 1973. Retrieved from https:// www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html United States Department of Education/Office of Special Education and Rehabilitative Services. (2000). A guide to the individualized education program. Retrieved from https://www2.ed.gov/parents/needs/speced/ iepguide/index.html#closer United States Department of Education/Office of Special Education and Rehabilitative Services. (2018). 40th annual report to Congress on the implementation of the Individuals with Disabilities Education Act, 2018 (Rep.). Retrieved from https://www2.ed.gov/about/reports/annual/ osep/2018/parts-b-c/40th-arc-for-idea.pdf

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AN EXTRA MEASURE OF SUCCESS: THE RELATIONSHIP BETWEEN EXTRACURRICULAR FUNDING AND SCHOOL PERFORMANCE Cole Reynolds Abstract Extracurricular funding is an increasingly contentious topic in education policy. With tightening school budgets and an increasing emphasis on specialization, many districts have begun to cut extracurricular activity funding in order to preserve their core curricula. Though testimonial evidence and academic studies indicate that extracurricular activity leads to improved performance in school, the question of funding still remains. This study examines whether an increase in extracurricular funding leads to improved school performance. The initial hypothesis was that extracurricular funding is positively correlated with school performance; however, this study ultimately finds that large gaps in the data and research make it impossible to prove or disprove the hypothesis. The study concludes with a call for further research and improved data gathering in this area. ___________________________________

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Introduction The 1955 movie Mr. Holland’s Opus tells the story of a traveling musician and aspiring composer who turns to teaching to pay the bills for his growing family. The movie follows his thirty-year career of teaching music classes, directing bands, and working individually with students to help them with their musical pursuits. During this job, Mr. Holland tries to find time to pursue his true passion: composing a symphony. However, most of his time is spent investing in young musicians and helping them to hone their craft. When the school’s principal decides to cut the music program in response to a new reduction in the school’s budget, Mr. Holland is forced to retire. He leaves feeling as though the decades spent at the school were a waste because he was never able to finish the symphony he had always wanted to compose. On his way out of the school for the last time, Mr. Holland finds his way to the school’s gym, where students and faculty have organized a surprise retirement party. Current students and alumni alike have found their way to this gathering to celebrate all that Mr. Holland had done for them. One of the first students he ever helped individually, Gertrude Lang, is now governor of the state. She takes the stage and gives a touching speech about the impact Mr. Holland had made on her life and how her time working with him on the clarinet helped her in more ways than just musical performance. She then invites Mr. Holland to the stage to direct an orchestra composed of both his current and past students, all of whom have learned the symphony he was composing all the years he was a teacher. This touching gesture suggests that his opus was not the piece of music itself—but the lives he impacted (Cort et al., 1995). This movie perfectly reflects the debate over extracurricular funding. An exchange between Principal Wolters and Mr. Holland near the end of the movie synthesizes the arguments on both sides of the issue. While explaining his decision to cut the music program, Principal Wolters states, “I care about these kids as much as you. If I’m forced to choose between Mozart and reading and writing and long division, I choose long division.” Mr. Holland responds, “Well I guess you can cut the arts all you want, Gene. But sooner or later these kids aren’t going to have anything to read or write about" (Cort et al., 1995). As the movie infers, extracurricular activities have been positively linked to improved school performance (Craft, 2012; National Center for Education Statistics, 1995). As Gertrude Lang and the other students attested, Mr. Holland helped them in ways core classes could not by building confidence and giving them something to care about in school. But who can blame Principal Wolters for prioritizing core subjects such as reading, writing, and arithmetic when making difficult budgeting decisions.

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Many school administrators are faced with the same predicament as Principal Wolters when setting their budgets for the school year. When considering the question of extracurricular funding, schools should seek to determine which programs are most effective. This study examines whether an increase in extracurricular funding leads to an improvement in school performance, specifically in K-12 education. The hypothesis of this study is that an increase in extracurricular funding leads to improved school performance. To test the hypothesis, this study will quantitatively analyze primary and secondary data gathered by school districts and the National Assessment of Educational Progress (NAEP) and will qualitatively analyze the argument for the benefits of increased accessibility.

Literature Review The literature addressing the relationship between extracurricular activities and school performance is relatively uniform in its conclusions. Participation in extracurricular activities has been positively associated with nearly all traditional indicators of successful school participation (attendance, academic achievement, aspirations to continue education past high school, etc.) (Craft, 2012; National Center for Education Statistics, 1995). Freeman (2017) reached such a conclusion in his study measuring academic achievement through composite American College Test (ACT) scores and cumulative grade point averages throughout high school. Lamborn, Brown, Mounts, and Steinberg (1992) similarly found that the more extracurriculars students participated in, the more academic success they enjoyed. There are many theories as to the cause of this correlation. Some authors contend that extracurricular activities teach discipline and work ethic that can be applied to school. Combined with the close contact and relationships created with teachers and advisors who participate as coaches or faculty sponsors, this helps to create “positive academic orientations among participants” (Lamborn et al., 1992, p. 167). Other authors say that, while discipline and commitment may be positive side effects of extracurriculars, a more significant, necessary, and practical benefit is the fact that extracurriculars fill up time when students are likely to act irresponsibly and get into trouble (Snellman, Silva, & Putnam, 2015). This school of thought says extracurriculars keep students from doing drugs or making other compromising decisions that may lead to poor performance in school and put them at a disadvantage in life (Snellman et al., 2015). Most of the studies on this issue are aimed towards furthering the debate over extracurricular funding; however, they do little more than demonstrate a relationship between participation in extracurricular activities and improved school performance on the part of the student (Craft, 2012; Snellman et al., 2015). While these studies may have been intended to provide evidence of the importance of

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funding extracurricular activities, they did not successfully demonstrate that an increase or decrease in budget would alter the relationship between extracurriculars and academic success. They merely demonstrated the value of extracurricular activities to the individual. Instead of performing a cost-benefit analysis of School District X’s spending on extracurricular activities, they studied the relative success of students who engage in extracurriculars as compared to those who do not. This distinction makes the current research less compelling for budgetary action, as it does not necessarily demonstrate a return on investment. Some studies cited accessibility as a crucial aspect of extracurricular activities and showed that students of lower socioeconomic status were less likely to participate in extracurriculars (National Center for Education Statistics, 1995; Snellman et al., 2015). Accessibility is generally determined by budget, as a school may decrease extracurricular offerings or increase the cost of the offerings in order to compensate for the lack of funding. This disproportionately affects students of a lower socioeconomic background (often minorities) and therefore deprives some students of the potential benefits of extracurricular activities (Snellman et al., 2015). The argument of accessibility can be inferred from the National Center for Education Statistics’s (NCES) 1995 study on extracurriculars as well, which shows that less affluent schools have slightly less engagement in extracurriculars and that students of lower socioeconomic status also participate less in extracurriculars. No study appears to address the question of whether the amount of funding for extracurriculars in a school’s budget affects school performance; the studies only show that extracurriculars in general have a positive effect on performance in school. Thus, most of the research on this issue provides the theoretical foundation for the hypothesis that extracurricular funding is positively related to school success but does not actually address it. The existing research on extracurricular funding demonstrates only that the hypothesis of this research paper is plausible. It does not, however, specifically address the issue of funding as it pertains to school success.

Data and Methods The working definition of extracurricular activity is any activity offered by a school or school district, academic or non-academic, that is not a part of the core curriculum or offered for credit. Extracurricular activities can include band, choir, sports, various clubs, and more. In order to operationalize the concept of school performance, this study will analyze the Nation’s Report Card scores of 8th graders. This study seeks to specifically address K-12 education, so the 8th grade is an appropriate year for a sample, as students have completed just over two-thirds of their K-12 education at that point. This study will compare the variation in extracurricular funding found in school districts’ budgets to the average 8th grader’s

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score on the math and reading tests on the Nation’s Report Card. This study will also assess the qualitative argument from accessibility. The difficulties with this study lie in the budgets themselves. Many schools do not have a category for extracurricular activities in their budgets. Others dedicate funds to specific categories of extracurriculars, such as the Chicago Public School district’s appropriation for Sports Administration and Drivers Education (Chicago Public Schools, 2015). This makes it difficult to gain an accurate picture of extracurricular funding trends as a whole. This study will consider appropriations like the one made by the Chicago Public Schools as representative of extracurricular funding as a whole in the district. Additionally, it will compare extracurricular funding to the funding of “essential programs” such as math and science in order to account for other significant variables that may impact school performance. The Chicago Public Schools and Houston Independent School District will serve as case studies. These districts were chosen for their geographic diversity, size of enrollment, and size of budget. These districts’ geographic differences, combined with their size, will allow for greater socioeconomic and ethnic diversity. The districts’ budget sizes will allow for larger variations in funding which, if the hypothesis is correct, should lead to noticeable variations in school performance.

Research Chicago Public Schools

The Chicago Public Schools’ budget does not include an appropriation for “extracurricular activities” across the board. They break down their budget by departmental spending in their Department Narratives Overview. In 2013, the Chicago Public Schools allocated $16,340,222 to the Sports Administration and Drivers Education department. In 2014, they appropriated $11,617,733, and in 2015, they appropriated $17,023,724 (Chicago Public Schools, 2015). Over the same threeyear period, the Department of Science received $910,403 (2013), $826,702 (2014), and $744,513 (2015) and the Department of Mathematics received $1,767,253 (2013), $1,604,724 (2014), and $1,454,218 (2015) (Chicago Public Schools, 2015).1 Funding for the Departments of Math and Science consistently decreased over these three years, while extracurricular funding increased (with the exception of 2014). The Department of Literacy’s budget increased over the same three-year period, going from $2,831,643 in 2013, to $3,533,243 in 2014, to $5,057,121 in 2015 (Chicago Public Schools, 2015).

1 The departments of science and math were separated in 2015. The numbers in this study are approximate numbers except for the ones in 2015.

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On the NRC, Chicago’s 8th grade math scores steadily increased from an average of 254 in 2003 to a score of 270 in 2011 (The Nation’s Report Card, 2018a). Between 2013 and 2015, the average math score spiked from 269 to 275 (The Nation’s Report Card, 2018a). Over the three-year period of decreasing funding for math and science and somewhat consistent funding for extracurricular activities, the test scores actually increased by 6 points (The Nation’s Report Card, 2018a). This spike in performance coincided with an erratic spending trend for extracurriculars. Notably, the budget for extracurriculars increased from 2013 to 2015, thus correlating with the increase in success. On the reading portion, Chicago’s 8th grade scores went from 248 to 259 from 2003-2017, with the largest jump (253 to 257) coming between 2013 and 2015 (The Nation’s Report Card, 2018a). This data correlates perfectly with the sharp spike in funding that was observed for their Department for Literacy. The budget nearly doubled during the spike in average reading score, a trend that most researchers would expect (The Nation’s Report Card, 2018a). Chicago’s Public Schools run a deficit every year and are deeply in debt. This affects the way the district spends money (The Nation’s Report Card, 2018a). The district cut math and science budgets every year for three years, but their scores on the NRC continued to increase. One of the only budget items during this period that did not sustain consistent cuts was the Department of Sports Administration and Drivers Education. However, the average scores on the NRP reading tests increased alongside a significant increase in the Department of Literacy’s budget. This correlation supports the theory that programs improve with increases in funding. If extracurricular funding plays a significant role in school success, the average scores on the reading portions should be even higher. The correlation of extracurricular funding and literacy funding should have super-charged the improvement. There is, however, a weak correlation between extracurricular funding and school success in the Chicago Public School system.

Houston Independent School District

The Houston Independent School District includes co-curricular and extracurricular activities as a line item (Houston Independent School District [HISD], 2016). This can be contrasted with the money designated for “Instruction." HISD appropriated $11,697,384 for extracurricular expenditures in 2016-17, $15,478,434 in 2017-18, and $16,157,960 in 2018-19. For “Instruction,” they appropriated $1,010,583,212 in 2016-17, $1,047,496,903 in 2017-18, and $1,000,417,027 in 2018-19 (HISD, 2016; HISD, 2017; HISD, 2018). Extracurricular funding steadily increased over the three-year period while instruction remained relatively even. On the NRC, Houston’s 8th graders increased 16 points in math (from 264 to 280) between 2003 and 2013; however, they declined in 2017, going from 280 to 273 (The Nation’s Report Card, 2018b). Although the data from 2017-2019 is still

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being collected, it is worth noting that this drop came during a major increase in extracurricular funding combined with steady instructional funding. While there is incomplete data about extracurricular activity funding prior to 2016, a trend is apparent. This trend does not correlate with the available data on school performance in math. In reading (8th grade), from 2003 to 2007 scores jumped from 246 to 252. The scores stayed at 252 from 2007 to 2015, then dipped back down to 249 in 2017 (The Nation’s Report Card, 2018b). As with the math scores, these drops came during a time of increased extracurricular spending and steady instructional spending. Extracurricular funding is not correlated with performance on this test either.

A Qualitative Approach: The Argument from Accessibility

Another argument for increased funding is based on accessibility. Some children’s families cannot afford to pay for involvement in extracurricular activities. This disproportionately affects students of a lower socioeconomic background, depriving some students of the potential benefits of extracurricular activities (Snellman et al., 2015). Thus, some say more funding is needed to ensure that those students of lower socioeconomic status can also benefit from extracurricular activities. For instance, if a club or sports team charges a fee of $50 for equipment, transportation, and other miscellaneous needs, some children may be unable to participate. The lack of participation by students in lower socioeconomic brackets leads to worse school performance overall. Excluded students are less able to build discipline and to foster relationships with teachers and are left with a potentially dangerous amount of unsupervised time (Snellman et al., 2015; Lamborn et al., 1992). Children with lower socioeconomic status do not engage in extracurriculars as much as those from higher socioeconomic backgrounds, and they also do not perform as well in school (National Center for Education Statistics, 1995; Snellman et al., 2015). Essentially, the argument is that increased extracurricular funding mitigates this disparity in involvement and performance by allowing students of lower socioeconomic status to participate in extracurricular activities more easily. An increase in participation from those students would lead to an improvement in school performance (Craft, 2012; National Center for Education Statistics, 1995). This would improve overall school performance because students from higher socioeconomic backgrounds already participate in extracurriculars, and those from lower socioeconomic backgrounds would be improving in the same way. This increase from the lower performers would raise the average, and thus make the school perform better as a whole. While this theory is coherent, it does contain flaws. The argument assumes that accessibility necessarily translates into participation; however, this is not necessarily

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the case. There is no guarantee that making clubs and extracurricular activities less cost-prohibitive will lead to greater engagement. Another counter argument posits that socioeconomic status has more impact on school performance than any other factor and thus serves as an intervening variable. Under such an argument, both school performance and extracurricular activities would merely be functions of socioeconomic status, not of each other. Others object that the accessibility argument is based on an atomistic fallacy. Indeed, the argument for accessibility contends that the results of increased (or decreased) funding that are observed on an individual level will carry over to the aggregate level.

Conclusion This study set out to examine the effect of extracurricular funding on school performance. Unfortunately, there are many factors that make it difficult to arrive at an accurate, valid, and representative conclusion. Only two school districts published data on the amount of funding dedicated to extracurricular activities. Such a small number of available case studies calls into question the validity of any possible findings, and holes in the argument from accessibility leave that hypothesis unverifiable. Another factor that makes it difficult to reach a definitive conclusion is the multiplicity of variables that contribute to school success. Extracurricular funding is merely one of many important variables that lead to improved school performance. There is no way to control for all of the possible intervening variables, making it impossible to infer causality from any of the observed correlations. Some variables have a larger impact than others and can be directly correlated to this success, but extracurricular funding has not been demonstrated to be one of these variables. While extracurricular involvement has been shown to lead to significant improvement in school on the individual level, an increase in extracurricular funding cannot be attributed with the same success. Whenever a spike in extracurricular funding coincides with a spike in school performance, there are typically a bevy of other variables that could just as likely claim responsibility for the success. That is not to say that extracurricular funding has no effect on success; rather, there may be other variables that have a more significant effect on success. It is nearly impossible to isolate extracurricular funding and contrast it against other budget items, as it generally fluctuates at the same rate as other line items. The vast amount of variables and the lack of readily available data lead to a high degree of uncertainty when discussing extracurricular funding’s impact on school success. Additionally, many school districts do not make a separate designation for extracurricular funding, which suggests that extracurricular activities are not a priority for the school boards and officials in charge of education policy. This gap

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in data leads to a chicken-or-the-egg dilemma, in which it is unclear whether extracurricular activities are largely disregarded in budgeting because they are unimportant or whether they are viewed as unimportant simply because they are disregarded. The lack of research on the issue suggests that it may be the latter. Either way, the lack of funding designated to extracurricular activities in school budgets unfortunately means that no thorough answer can be concluded based on this research. The accessibility argument is somewhat attractive given the state of statistical research on this topic. If extracurricular activities have been shown to lead to increased school success on an individual level (Craft, 2012; National Center for Education Statistics, 1995), then making extracurricular activities more accessible should lead to an increase in school performance in general. This argument can especially be applied to students of lower socioeconomic status. Those students who are not financially capable of engaging in costly extracurricular activities would benefit from increased funding because they would not have to pay for the activities. Increased funding and decreased costs would encourage them to participate in these extracurricular activities, allowing them to reap the same benefits as other students. That being said, the flaws discussed earlier make this theory somewhat unstable and unreliable for public policy discussions. Ultimately, reaching a conclusive answer would require further research to fill the gaps in the data. Extracurricular funding may be a factor in school success, but the existing data cannot determine the extent to which it is a driving factor. The argument from accessibility is similarly uncompelling due to the lack of supporting data. But while the question of extracurricular funding’s impact on school performance may not be answerable with the existing data, the impact of extracurriculars on individual lives will be felt forever. As Mr. Holland’s Opus demonstrates, sometimes the value of the most meaningful moments simply cannot be measured.

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Reference List Chicago Public Schools. (2015). Department narratives overview. Retrieved from https://cps.edu/fy15budget/documents/departments.pdf Cort, R. W., Duncan, P. S., Field, T., James, J., Kroopf, S., Nolin, M., Teitler, W. (Producers), & Herek, S. (Director). (1995). Mr. Holland’s Opus [Motion Picture]. United States: Buena Vista Pictures. Craft, S. (2012). The impact of extracurricular activities on student achievement at the high school level. (Doctoral dissertation, The University of Southern Mississippi). Retrieved from https://aquila.usm.edu/cgi/viewcontent. cgi?article=1567&context=dissertations Freeman, R. (2017). The relationship between extracurricular activities and academic achievement. (Doctoral dissertation, National Louis University). Retrieved from https://digitalcommons.nl.edu/cgi/viewcontent. cgi?article=1254&context=diss Houston Independent School District. (2016, June 16). Adopted budget [Data set]. Retrieved from https://www.houstonisd.org/site/handlers/filedownload. ashx?moduleinstanceid=212478&dataid=175099&FileName=2016-2017%20 Web%20Posting%20for%20Adopted%20Budget%20Final.pdf Houston Independent School District (2017, June 22). Adopted budget [Data Set]. Retrieved from https://www.houstonisd.org/site/handlers/filedownload. ashx?moduleinstanceid=236522&dataid=201335&FileName=2017-2018%20 Web%20Posting%20for%20Adopted%20Budget.pdf Houston Independent School District (2018, June 28). Adopted budget [Data Set]. Retrieved from https://www.houstonisd.org/site/handlers/filedownload. ashx?moduleinstanceid=253770&dataid=222845&FileName=2018-19%20 Web%20Posting%20for%20Adopted%20Budget.pdf Lamborn, S. D., Brown, B. B., Mounts, N. S., & Steinberg, L. (1992). Putting school in perspective: The influence of family, peers, extracurricular participation, and part-time work on academic engagement. In F. M. Newman (Ed.), Student engagement and achievement in American secondary schools (pp. 153-181). New York, NY: Teachers College Press.

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National Center for Education Statistics. (1995). Extracurricular participation and student engagement (NCES 95-741). Retrieved from https://nces.ed.gov/ pubs95/web/95741.asp The Nation’s Report Card. (2018a). District profile: Chicago. Retrieved from https://www.nationsreportcard.gov/profiles/districtprofile/overview/ XC?cti=PgTab_OT&chort=1&sub=MAT&sj=XC&fs=Grade&st=MN&year= 2017R3&sg=Gender%3A+Male+vs.+Female&sgv=Difference&ts=Single+Ye ar&tss=2015R3-2017R3&sfj=NL The Nation’s Report Card. (2018b). District profile: Houston. Retrieved from https://www.nationsreportcard.gov/profiles/districtprofile/overview/ XH?cti=PgTab_OT&chort=1&sub=MAT&sj=XH&fs=Grade&st=MN&year =2017R3&sg=Gender%3A+Male+vs.+Female&sgv=Difference&ts=Single+Y ear&tss=2015R3-2017R3&sfj=NL&selectedJurisdiction=XH Snellman, K., Silva, J. M., & Putnam, R. D. (2015). Inequity outside the classroom: Growing class differences in participation in extracurricular activities. Voices in Urban Education, 40, 7-14. Retrieved from https://files. eric.ed.gov/fulltext/EJ1056739.pdf

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HEALTHY MINDS ARE LEARNING MINDS: EXAMINING THE CROSSROADS OF MENTAL HEALTH AND EDUCATION Mariana Paris Abstract The education system in the United States currently provides most of the mental health services utilized by children and adolescents. However, many schools are not prepared to handle such a large role because they lack the resources, training, and personnel to do so. This study explores the tangible steps schools can take to better serve their students and manage the mental health crisis effectively. The hypothesis of this study is that the educational system should implement a holistic or integrated plan in which mental health is seen as essential to the school’s mission. Ultimately, this study finds that such an approach helps to spread awareness and to ensure students receive treatment for mental health issues. ___________________________________

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Introduction Michelle was a good student—she was a voracious reader, a good writer, and an especially talented poet. However, not everything in Michelle’s life was perfect. “On her good days, Michelle was a ray of sunshine. On her not-so-good days, she was withdrawn, agitated and erratic” (McEwen, 2017, para 1). This is what Michelle’s tenth grade English teacher, Tamia McEwen, wrote about her in a story for Mental Health First Aid in 2017, an organization that provides training for teachers and other individuals on how to deal with mental health issues. McEwen recounted how she began to notice these behaviors and patterns in Michelle gradually. The brave, independent girl who would often volunteer to share in class became increasingly distracted and unable to concentrate during the journaling session that began each class. Her handwriting became harder and harder to read, and Tamia noticed Michelle would twitch during class and get into quarrels with friends, often over insignificant issues. These changes disturbed Tamia and gave her the feeling that something was not quite right. One day she found Michelle attempting to cut her wrist with a pair of scissors. Tamia was able to stop her and help her seek out the help she needed. Tamia’s concern and intervention saved Michelle’s life. This story illustrates the key role that educators and other school officials can play in students’ struggles with mental health issues and their journeys toward treatment and healing. Stories like Michelle’s are all too common. Suicide is the second leading cause of death among those 10-24 years of age (Centers for Disease Control and Prevention [CDC], 2017), and almost half of all teenagers deal with some kind of mental health issue (National Institute of Mental Health [NIMH], 2017). However, this is a largely unmet need—nearly 80% of children and adolescents between the ages of 6-17 who needed mental health services between 1996 and 1998 did not receive them (Kataoka, Zhang, & Wells, 2002). Despite strong evidence indicating the benefits of early detection and treatment, there are often gaps of up to a decade between the onset of symptoms and when individuals seek help (Kessler, Chiu, Demler, & Walters, 2005). While these statistics themselves should raise concerns about mental health among students, this issue is about more than just numbers. Mental health issues, by their very nature, touch every aspect of a child’s life. Often, a decline in educational achievement is the first indicator that a child’s mental health is suffering. Students with depression are at a higher risk for decreased school performance as well as increased academic anxiety (Försterling & Binser, 2002). Studies have linked depression in students to a decrease in attendance, concentration, and the ability and motivation to complete homework and assignments (Humensky et al., 2010). In addition, low grades and perceived academic failure make it more likely for teens

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to experience thoughts of suicide (Martin, Richardson, Bergen, Roeger, & Allison, 2005). Mental health clearly plays a role in school performance, but the inverse is also true: school performance affects mental health. Studies show that school mental health programs have a positive impact on student achievement, decreasing absences and disciplinary actions (Jennings, Pearson, & Harris, 2000). This correlation makes it even more important for the school system to play its part in working to solve the mental health crisis, as doing so advances its institutional mission. In light of this information, this study seeks to identify practical and tangible steps schools can take to alleviate the mental health crisis facing today’s students. This will be discussed in terms of both preventative measures and awareness, as well as accessibility to treatment, resources, and other help. This study will examine: a) the role schools currently play in the mental health crisis and the effectiveness of their current policies, b) the barriers and disconnects between students and existing mental health services, and c) the alternatives psychologists propose and the feasibility of implementing them. The hypothesis of this study is that schools should adopt a more holistic or integrated mental health plan, where mental health is seen as an essential part of the school’s mission so as to encourage collaboration with the community and health care providers to increase the accessibility of assistance.

Literature Review There is a plethora of academic literature concerning the mental health needs of children and adolescents, the impact on development, and the cyclical relationship between education and emotional and mental well-being. Additionally, there is a mountain of evidence as to the mental health crisis facing students today. In response to the crisis, many studies have explored treatment options and strategies to help students with mental health struggles. In addition, a number of initiatives and policies have already been put in place to address the mental health issues of students within the school system. However, despite these efforts, the problem of mental health issues among students persists and continues to grow, with a majority of suffering students not receiving any care at all or receiving ineffective treatments. This lack of positive results is increasingly attributed to the disconnect between the mental health research conducted by psychologists and other experts and the policies implemented by schools. Several studies and reports highlight this disconnect. For example, the National Advisory Mental Health Council’s Workgroup on Child and Adolescent Mental Health Intervention Development and Deployment ([NAMHC], 2001) noted:

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Findings from research in neurobiology, genetics, behavioral science, and social science have led to an increased understanding of the complex interactions among genetic and socioenvironmental factors and their contribution to child and adolescent mental disorders. Further, a promising number of scientifically proven preventive interventions and treatments are now available. Yet, children, adolescents, and their families continue to suffer enormous burdens associated with mental illness—burdens that are often intergenerational. The central problem is that these scientifically proven interventions are not routinely available to the children and their families who need them…The gap between research and practice continues to widen. (para 2) The NAMHC (2001) went on to explain that psychologists sometimes fail to account for the conditions and concerns that schools have to address, such as large student bodies and limited resources. In response to this lack of results and apparent lack of collaboration, many today are calling for reforms in school-based mental health services. Several approaches and solutions have been suggested in an attempt to create a more effective system for aiding students in need. These include calls for collaboration with the different sectors involved to identify solutions that are both effective and feasible in the real-world conditions of schools (Atkins, Hoagwood, Kutash, & Seidman, 2010). Others call for greater collaboration and partnerships between schools and community mental health providers, particularly by allowing referrals by school counselors to psychologists and other medical experts outside of the school who can provide more in-depth and long-term care to students. Yet another strategy is the greater integration of mental health services into the school system through more creative and innovative measures, such as having clinics within the school itself to provide students with long-term and in-depth care without putting greater strain on students and families (Catron & Weiss, 1994). Organizations like Mental Health America promote the implementation of interventions that “target different aspects of the classroom experience through varying theories of change, but all share the goal of fostering resilience and positive mental health among teachers and students” (Mental Health America [MHA], 2016, para. 15). These include programs such as Good Behavior Game (GBG), the 4Rs program (Reading, Writing, Respect and Resolution), Promoting Alternative Thinking Strategies (PATHS), and School-Wide Positive Behavioral Interventions and Supports (SWPBIS).

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Data and Methods The U.S. mental health crisis is a complex issue that involves an intersection of various fields. Of course, psychologists and other mental health experts have a large part to play, but the discussion also involves policy makers, educators, parents, and the children they are trying to serve. In order to properly evaluate the issue and identify viable alternatives to the current system, it is necessary to consider the perspectives of these different sectors and find ways to increase collaboration and partnerships among them. So as to accurately identify the factors that act as barriers to the effectiveness of current mental health policies in the United States, this paper evaluates research dealing with three main groups: students, teachers, and mental health service providers (i.e. counselors, school psychologists, etc.). No other study found during the research for this paper compared the responses of all these groups at the same time. This study thus evaluates the views of each group and seeks to identify the alternatives presented that can best solve the issues for all parties involved.

Research Today, mental health care is a concern raised by politicians, educators, psychologists, and advocates alike. Several recent developments have created a focus on mental health within public policy, especially with regards to the school system. The report of the Surgeon General on Mental Health (United States Department of Health and Human Services [HHS], 1999) brought the issues of mental illness to the national stage and inspired a wave of reforms and changes in policies to aid in mental health issues. This initial report included an entire chapter on the mental health struggles of the youth population. A year later, an offshoot of this initial report, “A Report of the Surgeon General’s Conference on Children’s Mental Health: A National Action Agenda” proposed a list of eight goals to aid in tackling the issue of mental illness among children and adolescents (HHS, 2000). More recently, the New Freedom Commission on Mental Health published reports that cited SchoolBased Mental Health (SBMH) services as key to improving academic performance and emotional well-being of schoolchildren (President’s New Freedom Commission on Mental Health [PNFCMH], 2003). In terms of legislation, the 1976 Individuals with Disabilities Act caused a major shift in the child mental health landscape, dictating the educational system’s financial responsibility to educate children with emotional and physical disabilities. The No Child Left Behind Act in 2002 and the Individuals with Disabilities in Education Act of 2004 both addressed the mental health needs of students within the school system, calling for the use of preventative measures and the provision of adequate treatment.

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Across the board, scholars agree that educators and school administrators should play a role in providing mental health services to school-age children and adolescents. As noted by Scott Lafee in an article published by the School Superintendents Association, “Few educators, to be sure, are likely to argue students’ mental health isn’t inextricably linked to their personal well-being and academic achievement” (2013, para 11). This sentiment is supported by the research showing the correlation of mental health issues and poor school performance (Breslau, Lane, Sampson, & Kessler, 2008). Additionally, the school system is an ideal place to supply students with mental health services. The school system has a number of advantages over other settings. The extended time students spend in school gives school officials unique opportunities to observe changes in behavior and other early warning signs of mental health issues. Another advantage comes from the virtual elimination of transportation issues. Due to the familiarity of both the setting and the personnel, students are less fearful to seek help; it has been shown that students are 10 times more likely to seek help when it is offered within the school (Kaplan, Calonge, Guernsey, & Hanrahan, 1998). This explains why 70% of children who reported receiving help for their mental health concerns also reported schools as the main source of that help (HHS, 1999). Moreover, a relationship of trust with a school counselor can be developed in a shorter time, since there is already greater contact and familiarity than in other mental health service settings. The ability to directly observe students in their daily lives also aids counselors in making assessments and monitoring the effectiveness of treatment. Despite these advantages, there are still some barriers and challenges associated with in-school mental health services. For one, teachers and even school counselors report they are not prepared to properly handle the care of these many students, particularly in the long run. One research group pointed out that teachers often lack knowledge about the tactics and methods used in giving students support (Franklin, Kim, Ryan, Kelly, & Montgomery, 2012). In addition, studies have found that school psychologists spend only about a quarter of their time actually providing mental health care for students due to time constraints and other limitations (Yates, 2003, as cited in Friedrich, 2010, p. 157). Nationally, there are 99,000 counselors, 56,000 nurses, 30,000 school psychologists, 15,000 social workers, and a smattering of dental hygienists, dentists, physicians, and substance abuse counselors that attend to the total health needs of 50 million U.S. schoolchildren (Jacob & Coustasse, 2008). These numbers show the disparity in the ratio of mental health providers to students. This averages out to about 505 students per counselor and 1666 students per school psychologist (assuming equal distribution). It is impossible for mental health providers to effectively provide care to all students when they are spread so thinly.

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Despite these limitations, the education system accounts for a majority of mental health services received by qualifying children and adolescents and is often the only source of these services (Burns et al., 1995). This means that many students who need mental health care are not getting any aid at all and that those who get help are not receiving the ideal form of treatment. Given that teachers and counselors often feel ill-prepared to treat many mental health issues, Burns et al. (1995) questioned the wisdom of forcing schools to act as the de facto mental health system for children. Psychologists have made substantial efforts to understand the problems facing students and better serve them on their path to good mental health. Modern psychologists have discovered and tested innovative treatment options, many of which have been proven effective. However, more and more researchers and advocates are pointing out that this wealth of information and data is not being properly utilized and implemented. The National Advisory Mental Health Council (2001) noted that the research on effective tools and methods has not translated to actual policies, creating a gap between research and practice that has decreased the effectiveness of school mental health services, at the detriment of the nation’s students. However, the issues do not lie solely with policymakers. The aforementioned report also highlighted that psychologists often fail to account for the conditions and concerns that schools have to address, such as the size of student bodies and the lack of available resources, making their alternatives and ideas impossible to implement in schools (NAMHC, 2001). Because of this lack of collaboration and the resulting issues, Atkins et al. (2010) advocated for interdisciplinary research aimed at finding effective and sustainable solutions. However, such an approach is time-consuming. It takes years of research and study to develop and test new treatment options. During those years, children and adolescents suffering from mental illness will still struggle to get by without adequate care. While interdisciplinary research should be conducted, a more proactive approach is needed. Another approach focuses on partnering with local health providers and clinics outside of the school. This allows schools to outsource aid that they are unable to provide themselves, such as more long-term treatment or specialized intervention for acute or complex mental health concerns. For example, school counselors could refer students to a mental health professional within the community that could provide them with more specialized treatment. This solution gives students access to mental health care that has been tested and is more effective. However, while it certainly has its advantages, this solution does eliminate a lot of the advantages that made schools the prime setting for mental health treatment in the first place. Students would have to acquire transportation to these health centers and clinics, and they

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would potentially have to incur additional fees and payments for treatment. This puts students in low-income families or without insurance at a distinct disadvantage. Indeed, one study found that students in schools that outsourced their mental health services to traditional clinics were less likely to actually receive care: only 17% of those who needed care actually entered treatment (Catron & Weiss, 1994). In contrast, schools that implemented a School Based Counseling Program (SBC) reported that 98% of students enter treatment when they needed it (Catron & Weiss, 1994). Such programs enable professional mental health providers to come into a host school and provide students with the services they needed, whether that is preventative care (such as divorce readjustment) or actual mental health treatment (such as individual psychotherapy sessions). This approach seeks to bypass the problems faced by traditional school-based mental health care services, such as fragmentation and lack of resources, while maintaining the ease of access and other advantages that these types of services have. In addition, there are many preventative and awareness-based school curricula and programs that have been developed in order to improve the school environment. These include programs such as the Good Behavior Game (GBG), the 4Rs program (Reading, Writing, Respect and Resolution), Promoting Alternative Thinking Strategies (PATHS), and School-Wide Positive Behavioral Interventions and Supports (SWPBIS), all of which are listed under Mental Health America’s Policy Proposal initiatives (MHA, 2016). In addition, these types of programs are also identified by Atkins et al. (2010) as supplying more intensive individualized programs for high-need youth while still promoting the overall wellbeing of all students. Each of these programs and curricula have a different approach, and while these specifics go beyond the scope of this study, it is useful to note that they share the goal of fostering resilience and positive mental health among teachers and students. Of course, further research should be conducted on the effectiveness of these programs; however, they do seem to foster a holistic approach within school systems that furthers the idea that students are actual persons with mental and emotional needs that must be addressed.

Conclusion Mental health issues have been at the forefront of public policy, advocacy, and research for years. Recently, many attempts have been made to counteract the mental health crisis facing our nation. However, many of these efforts have not been as effective as hoped. Within the current educational system, most students are still not given the support they need to ensure mental well-being. Most teachers do not have the right tools to identify signs of mental health issues in their students, nor do they have the ability to refer students to counselors and psychologists for proper

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diagnosis and treatment. In addition, there is a severe shortage of counselors and psychologists in schools. Education is not and should not be simply about academics; instead, it should approach students from a holistic perspective and seek to better prepare them for life in a variety of ways. In addition, there should be a more concerted effort to create partnerships with resources outside of the school system, particularly for more critical cases in which the school simply does not have the proper resources to help a student. Meanwhile, more research should be done with the collaboration of both experts in education and in psychology to identify better methods for prevention and treatment of mental health issues in school environments. The different approaches and alternatives proposed by psychologists and other mental health experts are not mutually exclusive. In fact, no one solution in itself will solve the issue; rather, the best way to make a positive impact is to use multiple approaches and to initiate interdisciplinary collaboration. This blend of approaches allows more children and adolescents to receive treatment and helps schools handle the mental health crisis. When schools use a holistic approach and innovative means to integrate emotional and mental well-being with the other functions of the school, students do better. A holistic approach raises awareness and decreases stigma; it further acts as a preventative measure by increasing the chances that students will seek out help when they need it. By giving students the tools they need to live balanced lives and to take care of their mental well-being, schools can prepare students not just for academic success—but for life.

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Reference List Atkins, M. S., Hoagwood, K. E., Kutash, K., & Seidman, E. (2010). Toward the integration of education and mental health in schools. Administration and Policy in Mental Health, 37(1-2), 40–47. doi:10.1007/s10488-010-0299-7 Breslau, J., Lane, M., Sampson, N., & Kessler, R. C. (2008). Mental disorders and subsequent educational attainment in a US national sample. Journal of Psychiatric Research, 42(9), 708–716. doi:10.1016/j.jpsychires.2008.01.016 Burns, B. J., Costello, E. J., Angold, A., Tweed, D., Stangl, D., Farmer, E. M. Z., & Erkanli, A. (1995). Children’s mental health service use across service sectors. Health Affairs, 14(3), 147-159. doi: 10.1377/hlthaff.14.3.147 Catron, T., & Weiss, B. (1994). The Vanderbilt school-based counseling program: An interagency, primary-care model of mental health services. Journal of Emotional and Behavioral Disorders, 2(4), 247-253. doi: 10.1177/106342669400200407 Centers for Disease Control and Prevention. (2017). WISQARS leading causes of death reports, 1981-2017 [Data set]. Retrieved from https://webappa.cdc.gov/ sasweb/ncipc/leadcause.html Försterling, F., & Binser, M.J. (2002). Depression, school performance and the veridicality of perceived grades and causal attributions. Personality and Social Psychology Bulletin, 28(10), 1441-1449. doi: 10.1177/014616702236875 Franklin, C. G. S., Kim, J. S., Ryan, T. N., Kelly, M. S., & Montgomery, K. L. (2012) Teacher involvement in school mental health interventions: A systematic review. Children and Youth Services Review, 34(5), 973-982. doi: 10.1016/j.childyouth.2012.01.027 Friedrich, A. (2010). School-based mental health services: A national survey of school psychologists’ practices and perceptions (Doctoral dissertation, University of South Florida). Retrieved from http://scholarcommons.usf. edu/etd/3880 Humensky, J., Kuwabara, S. A., Fogel, J., Wells, C., Goodwin, B., & Van Voorhees, B. W. (2010). Adolescents with depressive symptoms and their challenges with learning in school. The Journal of School Nursing, 26(5), 377–392. doi: 10.1177/1059840510376515

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Jacob, S., & Coustasse, A. (2008). School-based mental health: A de facto mental health system for children. Journal of Hospital Marketing & Public Relations, 18(2), 197-211. doi: 10.1080/15390940802232499 Jennings, J., Pearson, G., & Harris, M. (2000). Implementing and maintaining school‐based mental health services in a large, urban school district. Journal of School Health, 70(5), 201-205. doi:10.1111/j.1746-1561.2000.tb06473.x Kaplan D. W., Calonge, B. N., Guernsey, B. P., & Hanrahan, M. B. (1998). Managed care and school-based health centers: Use of health services. Archives of Pediatric and Adolescent Medicine, 152(1), 25–33. doi:10.1001/archpedi.152.1.25 Kataoka, S. H., Zhang, L., & Wells, K. B. (2002). Unmet need for mental health care among U.S. children: Variation by ethnicity and insurance status. American Journal of Psychiatry, 159(9), 1548-1555. doi:10.1176/appi. ajp.159.9.1548 Kessler R. C., Chiu, W. T., Demler, O., & Walters, E. E. (2005). Prevalence, severity, and comorbidity of 12-month DSM-IV disorders in the National Comorbidity Survey Replication. Archives of General Psychiatry, 62(6), 617–627. doi:10.1001/archpsyc.62.6.617 Lafee, S. (2013). The schools’ role in students’ mental health. AASA School Administrator, 70(7), 24-30. Retrieved from http://www.aasa.org/content. aspx?id=28932 Martin, G., Richardson, A. S., Bergen, H. A., Roeger, L., & Allison, S. (2005). Perceived academic performance, self-esteem and locus of control as indicators of need for assessment of adolescent suicide risk: Implications for teachers. Journal of Adolescence, 28(1), 75-87. doi: 10.1016/j. adolescence.2004.04.005 McEwen, T. A. (2017, September 11). Confronting mental health at school: A success story [Blog Post]. Mental Health First Aid. Retrieved from https:// www.mentalhealthfirstaid.org/external/2017/09/mental-health-schoolsuccess/ Mental Health America. (2016). Position Statement 45: Discipline and positive behavior support in school. Retrieved from http://www.mentalhealthamerica. net/positions/discipline-schools

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National Institute of Mental Health. (2017). Mental illness. Retrieved from https://www.nimh.nih.gov/health/statistics/mental-illness.shtml President’s New Freedom Commission on Mental Health. (2003). Goal 5: Excellent mental health care is delivered and research is accelerated. In Achieving the promise: Transforming mental health care in America. Retrieved from https://govinfo.library.unt.edu/mentalhealthcommission/reports/ FinalReport/FullReport-06.htm United States Department of Health and Human Services/The National Advisory Mental Health Council Workgroup on Child and Adolescent Mental Health Intervention Development and Deployment. (2001). Preface. Blueprint for change: Research on child and adolescent mental health. Retrieved from https://www.nimh.nih.gov/about/advisory-boards-and-groups/namhc/ reports/blueprint-for-change-research-on-child-and-adolescent-mentalhealth.shtml United States Department of Health and Human Services/Substance Abuse and Mental Health Services Administration, Center for Mental Health Services, National Institutes of Health, National Institute of Mental Health. (1999). Mental health: A report of the Surgeon General. Retrieved from https:// profiles.nlm.nih.gov/ps/access/NNBBHS.pdf

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BRINGING AMERICA UP TO SPEED: AN EVALUATION OF APPRENTICESHIP EDUCATION METHODS Trenton Martin Abstract Rapid developments in technology and the increased use of computers in the workforce have led to many changes in the American job market, leaving some workers without a market for their skills. This paper evaluates the effectiveness of apprenticeship programs in preparing youth to enter the modern workplace. To do so, this study examines whether apprenticeship programs increase job opportunities and salaries for workers when compared with other routes of preparing for the workforce. It also discusses whether the government and private industries should promote apprenticeships as a main option for continuing education. Ultimately, this study finds that apprenticeship programs provide increased employment and salary options for workers. It thus concludes with several recommended measures to expand these programs in America. ___________________________________

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Introduction The American workforce is in the midst of a swift and somewhat painful transition to the new digital economy of the 21st century. From the ghostly remains of abandoned car factories in Detroit, to the empty caverns of the West Virginia and Pennsylvania coal mines, to the crumbling walls of former steel mills in New York, the monuments of an abandoned age remain. Hendrickson, Muro, and Galston (2018) argued that “[t]he 2016 election revealed a dramatic gap between two Americas— one based in large, diverse, thriving metropolitan regions; the other found in more homogeneous small towns and rural areas struggling under the weight of economic stagnation and social decline” (para. 1). Many parts of America are beginning to feel left behind in the rapidly modernizing economy of the 21st century. Innovation and globalization have closed certain job markets where employees used to be able to make a good living and provide for their families. Rural America is not the only region of the United States that has felt the impact of the shifting markets. Factory jobs are being replaced by robotic equipment, and many companies are looking to open factories overseas where labor is cheaper and regulations are fewer than in the United States. Mireya Solís noted that “[a]utomation has transformed the American factory, rendering millions of low-skilled jobs redundant. Fast-spreading technologies like robotics and 3D printing will exacerbate this trend” (Cocco, 2016, para. 8). This trend is not likely to be reversed anytime soon as automation dramatically increases efficiency throughout the economy (Cocco, 2016). While the trend towards modernization and automation casts a bleak picture for many older job markets, it also offers a brighter future of increased efficiency and wealth for employees who can keep up with the markets. A bachelor’s degree has often been seen as a route to success in the workforce. By 2016, over one-third of America’s adult workforce had earned a bachelor’s degree (United States Census Bureau, 2017). This is a significant increase from when the Current Population Survey began in 1940, at which point only 4.6% of the US population had a bachelor’s degree (United States Census Bureau, 2017). But while that number has increased, the average member of today’s workforce still does not have a bachelor’s degree (United States Census Bureau, 2017). Robert Reich, a labor secretary in the Clinton administration, said, “We desperately need to revive a second route to the middle class for people without four-year college degrees, as manufacturing once was” (Lohr, 2017, para. 7). In order to prepare for modernization, some private and public sector organizations and agencies have launched apprenticeship programs that are designed to equip American students with the necessary skills to enter the workforce. These programs provide paid, practical training and give students a head start in a specific industry, providing students with an alternative to the traditional college route.

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President Trump has expressed strong support for apprenticeship programs as a means of helping workers gain marketable skills in areas that have a demand for labor. Trump signed an executive order to increase the amount of apprenticeship programs in the nation by doubling federal funding to these initiatives (Lorenzo, 2017). America currently has approximately 585,000 apprentices enrolled in over 23,400 apprenticeship programs (“FAQ,” 2018). Many other educational systems throughout the world have placed a much higher priority on promoting and cultivating apprenticeship programs (Lorenzo, 2017). The effectiveness of these programs will help determine if the parts of America that have struggled with modernization will successfully adapt to allow a booming digital market to thrive and provide jobs for their populations. This study explores whether apprenticeship programs increase job opportunities and salary options for students when compared with other routes of preparing for the workforce. This study hypothesizes that apprenticeship programs fill a vital role in the economy by training workers for indemand jobs. It further predicts that over the course of their career, workers whose only post-secondary education was an apprenticeship program will have more career and salary options than workers who did not pursue any post-secondary education but less options than workers with college degrees.

Literature Review The educational systems of the United States currently face the challenge of preparing students for a rapidly digitalizing 21st-century workforce environment. Finding and keeping jobs now requires a deeper knowledge of technology and new skills. Muro, Liu, Whiton, and Kulkarni (2017) explored the data that shows the rapid digitalization of the American marketplace. From 2002 to 2016, the percentage of jobs that require high levels of technical skills rose from 5% to 23%, jobs that require medium levels of technical skills rose from 40% to 48%, and low digital skill jobs dramatically fell from 56% to 30% (Muro et al., 2017). Their study also reported that “[t]he mean annual wage for workers in high-level digital occupations reached $72,896 in 2016, whereas workers in middle-level digital jobs earned $48,274 on average, and workers in low-level digital occupations earned $30,393 on average” (Muro et al., 2017, para. 12). With rapid digitalization and many other changing factors affecting the marketplace, some regions, especially in rural America, are lagging in technical skill and educational quality. While the loss of some jobs to robotic equipment or increased computer efficiency may hurt some workers’ incomes, Atkinson (2018) argued that America should still embrace this new wave of technology. He contended that the benefits of increased efficiency are too valuable to limit and that governments should assist employees in keeping up with the new technology instead

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of placing restrictions on the use of technology (Atkinson, 2018). Hendrickson et al. (2018) noted the disparity between geographical regions of the United States and offered several potential solutions. They recommended prioritizing digital workforce training, spreading broadband access to more regions, and focusing investments in “growth pole” cities that would serve as hubs of economic and educational opportunity (Hendrickson et al., 2018). The study recommends choosing 10 or so medium-sized metropolitan areas to compete for major federal investment and designation as a “Rising Tech Hub” (Hendrickson et al., 2018). The federal government and private enterprises have launched several programs that could increase technical education opportunities for Americans. Under the Obama Administration, the White House developed the TechHire initiative that resulted in the following: (1) More than 20 communities with over 300 employer partners signed on to pilot accelerated training strategies; (2) large private-sector companies and national organizations committed to providing tools to support these TechHire communities; and (3) the President pledged $100 million in federal grant funding. (The White House, n.d., para. 1) On the state level, Arkansas launched the Computer Science Initiative aimed at preparing students for a computer focused marketplace (Arkansas Division of Elementary and Secondary Education, 2019). Microsoft also offers technical training to students and teachers at accredited educational institutions (Wisconsin Department of Public Instruction, 2016). Many studies find that apprenticeship programs help students prepare for this new economy. Gordon (2014) noted that “[t]he extensive use of apprenticeships helps reduce disparities in employment and earnings between young college graduates and young people with less education” (p. 15). Steinberg (2013) showed that students who go through apprenticeship programs earn more money, graduate with less debt, and enter the workforce faster than students in 4-year degree programs. Such programs thus help American businesses better compete with businesses from other nations. However, other studies remain skeptical of the long-term benefits of an apprenticeship education versus a college education. Hanushek and Woessmann (2017) conducted research indicating that the benefits of apprenticeship programs could be limited when compared with other educational programs. They warned that “[i]n a knowledge-based economy, early employment gains with vocational training may lead to later problems when specific skills become obsolete and workers lack the

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ability to adjust to a changed economic environment” (Hanushek & Woessmann, 2017, para. 2). In evaluating the costs and benefits to companies supporting an apprenticeship program, Lerman’s (2014) research indicated that companies generally recuperate their costs of running an apprenticeship program and quickly benefit from the investment. Some companies even recover their costs within the apprenticeship period (Lerman, 2014). Overall, most companies appear to receive a net benefit from each apprentice they train.

Data and Methods This study will consider a mixture of qualitative and quantitative data. The qualitative data will include stories of how apprenticeship programs work in the lives of certain students and how the public, government, and business sectors generally view apprenticeship programs in the United States. However, the core of the research will rely on quantitative data about apprenticeship programs, in particular emphasizing employment rates and salary numbers. This data will be compared with students who have gone through a traditional college, those who have received only employer-based training, and those who have not pursued any continuing education after high school. The study will look for trends on a national level but will also compare these statistics on a statewide, regional, or international basis when applicable. There is significantly more data on an international level because of the further extent to which apprenticeship programs have been developed in European nations. For this reason, much of this study will rely on data collected from international sources. This study adopts the United States Department of Labor’s (2019a) definition of apprenticeship as an education that “[a]n individual employer, group of employers, labor organization, education institution or an industry association can sponsor…a set of structured standards that include requirements for related (classroom) instruction and paid on-the-job learning experiences” (para. 1). The apprenticeship program must be approved by the Department of Labor’s Office of Apprenticeship or a State Apprenticeship Agency (Reeves & Guyot, 2017). An apprenticeship must also result in an industry recognized certification (“FAQ,” 2019). General education refers to secondary or tertiary education that focuses on skills beyond just one specific trade, while vocational education refers to secondary or tertiary education that is tailored specifically towards one trade. Apprenticeship programs can be either secondary or post-secondary education systems as specified by the study. Traditional college is defined as the pursuit of an associate degree or a bachelor’s degree.

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Research Relevant Industries

Apprenticeships are utilized in a variety of professions and arenas. According to the U.S. Department of Labor, the two industries that utilize apprenticeship positions the most are construction and the military (Reeves & Guyot, 2017). Other industries that utilize apprenticeships are manufacturing, public administration, transportation, and utilities (Reeves & Guyot, 2017). The top four positions for apprenticeships are electrician with 43,814 apprentices, carpenter with 25,921, construction craft laborer with 15,612, and plumber with 14,471 (United States Department of Labor/Employment and Training Administration, 2019). Most apprenticeships are in the skilled trade sector; however, other sectors of the economy also can utilize apprenticeships, as demonstrated by Britain’s new apprenticeship programs in business administration and retail (Steinberg, 2013).

Information Technology

One potential area for expansion is in the field of information technology (IT). The field of software development had 1.3 million open jobs in 2016 and 512,720 in early 2017 (Swartz, 2017). The U.S. Bureau of Labor Statistics predicted that in 2020 there will be 1.4 million more jobs in IT fields than there will be people who can fill them (Swartz, 2017).

Figure 1. Pie chart of which industries utilize apprenticeship programs in the U.S. (Reeves & Guyot, 2017).

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According to a study conducted by LinkedIn, employers look for the following skills in the marketplace: Hard Skills • Cloud Computing Expertise • Data Mining and Statistical Analysis • Smartphone App Development • Data Storage Engineering and Management • User Interface Design • Network Security Expertise Soft Skills • Communication • Curiosity • Adaptability • Teamwork • Empathy • Time Management • Open-Mindedness (Lohr, 2017) All the top hard skills are based on computer proficiency, making IT an obvious area of opportunity for apprenticeship programs. Technology companies, non-profit organizations, governments, and schools have recognized the potential benefits of increasing technical training options for students and have launched several initiatives in support of that goal (Lohr, 2017). Starting with the Obama administration, the federal government has given $150 million in grants to 39 partnering organizations through the TechHire Partnership (The White House, n.d.). These partnerships provide funding for initiatives that train workers looking to enter targeted fields of information technology. TechHire gives money to traditional university programs; however, they also provide funding for different routes such as “coding boot camps” and high-quality online courses intended to “rapidly train workers for well-paying middle-and high-skilled and high-growth jobs across a diversity of industries such as IT, healthcare, advanced manufacturing, financial services and broadband” (United States Department of Labor, 2019b, para. 1).

Potential Areas for Apprenticeship Expansion

In their study, Fuller and Sigelman (2017) identified natural areas for the expansion of apprenticeship programs by examining the skills demanded in over 23 million job openings. Occupations were identified as optimal areas for apprenticeships provided they required a relatively narrow cluster of skills, required only a high school diploma or an associate degree, provided above-average worker stability, paid

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a living wage ($15 per hour or more), and were not being heavily licensed (Fuller & Sigelman, 2017). The study found that the number of occupations commonly filled with apprentices could be tripled from 27 to 74 occupations and that the number of job openings attainable via apprenticeship could be expanded eightfold to around 3.2 million jobs (Fuller & Sigelman, 2017). These new opportunities could unlock high value careers to more workers and create a supply of workers for traditionally hard to fill positions (Fuller & Sigelman, 2017). Fuller and Sigelman highlighted two categories of potential areas for growth: expanders and boosters. Expander areas are occupations that meet all the criteria outlined above, while booster areas meet the criteria but are generally filled by people with bachelor’s degrees (Fuller & Sigelman, 2017). Expander areas have a 15% average employment growth rate overall and include occupations such as welders, computer-controlled machine tool operators, tax preparers, and customer service representatives (Fuller & Sigelman, 2017). Expander occupations have a median wage of $34,542, which is lower than the median wage for the current core of apprenticeships (Fuller & Sigelman, 2017). Booster occupations include claims adjusters, insurance underwriters, human resource specialists, graphic designers, and database administrators (Fuller & Sigelman, 2017). These occupations have a median advertised wage of nearly $55,000, which makes them a viable route into the middle class without a college degree (Fuller & Sigelman, 2017).

Compensation

The rate of compensation that graduates receive in their careers after completing an apprenticeship program is a major indicator of the success or failure of these programs. According to Steinberg (2013): Workers who complete an apprenticeship earn an average starting salary of $50,000. Researchers have found that workers who complete an apprenticeship make an average of $240,037 more than comparable job seekers in their lifetimes; if nonwage benefits are included, that number jumps to $301,533. (para. 7) Steinberg (2013) noted that apprenticeships are likely to bring the most benefits to young workers, since they are more likely to have lower paying jobs than older workers. Apprenticeship students may also benefit from a decreased amount of student loans and time spent in school (Steinberg, 2013). Hanushek, Schwerdert, Woessmann, and Zhang (2017) found that students who pursued a general education typically started out with lower incomes than students who took apprenticeship courses, but eventually the students with a general education surpassed the wages of apprenticeship students. The study compared 11 different countries’ data from the

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International Adult Literacy Survey (IALS). Most of the data focused on European nations where the apprenticeship method has been firmly implanted and can therefore be studied in greater depth. The authors specifically focused on the results in Switzerland, Germany, and Denmark. The lifetime earnings for vocational or apprenticeship students were higher than the lifetime earnings of students with a general education in Switzerland; however, in Germany and Denmark, the normal trend prevailed, and the lifetime earnings for vocational tracked students were lower (Hanushek et al., 2017). The authors found that the wage advantage between the two types of educational systems shifted to students with a general education at age 30 and flattened off around age 50 (Hanushek et al., 2017).

Long-Term Skill Value and Employment Rates

The long-term effectiveness of apprenticeship programs should also be considered. This long-term preparedness includes the ability to advance in a chosen career or to change careers as workers adapt to fluctuations in the marketplace. Students going through apprenticeship programs should seek to determine whether the skills they learn will depreciate over time or will continue to be generally applicable in the modern workforce. In their study, Hanushek & Woessmann (2017) compared the long-term trends of employment rates of workers from countries across the world who went through a vocational education with those who went through a general education. They found that workers who had a vocational education were more likely to find a point of entrance into the workforce than workers who had a general education (Hanushek & Woessmann, 2017). However, over the life of the workers, the skills of those who went through apprenticeship programs depreciated with age, and the average employment rate decreased to below that of those with a general education (Hanushek & Woessmann, 2017). Overall, individuals with a general education were 6.9% less likely to be employed than individuals with a vocational education at the outset, but this gap narrowed by 2% every ten years (Hanushek & Woessmann, 2017). By age 50, the average employment rate for individuals with a general education was higher than for those who graduated from an apprenticeship program (Hanushek & Woessmann, 2017). Hanushek and Woessmann (2017) suggested that this reversal in employment advantage could be because individuals who received a general education are more likely to receive ongoing career training than those who graduated from an apprenticeship program. There were also varying results between countries: graduates from apprenticeship programs did not have a universal advantage in finding jobs when compared to students with a general education (Hanushek & Woessmann, 2017). According to the study:

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Employment patterns are most pronounced in the “apprenticeship countries” with combined school and work-based education programs (Denmark, Germany, and Switzerland in our data) and least noticeable in the countries with no formal system of vocational education such as the United States. (Hanushek & Woessmann, 2017, para. 9)

Acceptance by Private Industries

In order to maintain or expand their growth rate, these programs must be recognized as legitimate institutions by businesses looking to hire workers. As private businesses are often the sponsors of apprenticeships, businesses will want to consider whether the benefits of training apprentices outweigh the costs. Some companies and business leaders are embracing the apprenticeship method as a viable path of education to train their future employees. CEO of Salesforce, Marc Benioff, is an especially strong example of a business leader who is enthusiastic about expanding apprenticeship courses for American workers. Benioff asserted that American companies “are some of the best universities in the world” (Mann, 2017, para. 4). In a meeting with President Trump, Benioff encouraged the President to set a goal of making 5 million apprenticeship positions within America over the next five years (Meredith & Cutmore, 2017). Other companies, such as IBM, Microsoft, Amazon, and Zurich Insurance are using apprenticeship programs to expand their base of talent recruitment. This reflects a shift from the normal use of apprenticeship programs in blue-collar lines of work to new fields of white-collar work, providing a new entrypoint for many workers (Huhman, 2018). Sam Ladah, IBM’s vice president for talent, said that hiring workers based on skills and not necessarily based on college degrees “makes sense for [their] business, for the job candidates and for the communities” (Lohr, 2017, para. 33). Microsoft also actively supports apprenticeship programs through grants; for instance, Microsoft gave a $25 million grant to the Skillful program that enables students to succeed in the labor market without obtaining a four-year degree (Lohr, 2017). While technology companies are facing a lack of skilled employees, even companies in industries that are not facing a significant labor shortage are interested in developing apprenticeship programs. The Illinois-based company Zurich Insurance looked to create an apprenticeship program to develop a more diverse base of talent (Cheney, 2017). Al Crook, Head of HR Business Partners at Zurich Insurance, commented: We weren’t exactly having trouble finding people, but we realized that people of all ages weren’t necessarily aiming for insurance as a career. We saw apprenticeship as a way to introduce our industry

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and the range of jobs and opportunities available. In doing so, more people might see it as an attractive career option. And we would create a diverse pipeline of candidates for the future. (Cheney, 2017, “State Of Apprenticeship,” para. 12) In the field of technology, many hiring managers are showing a willingness to hire workers who may not have a traditional college degree. The company Indeed conducted a survey of 1,000 HR managers and tech recruiters in American companies of various sizes to gauge whether they thought that students who only went through coding “boot camps” instead of traditional college were adequately prepared as workers (“What Do Employers,” 2017). These coding boot camps are short-term, intensive courses that provide core coding skills for students at a quicker rate than most computer science degrees (Eggleston, 2018). The Course Report 2018 found that “there are 95 in-person bootcamp providers and 13 online bootcamp providers. As of June 1, there are coding bootcamps in 86 US cities and 44 states” (Eggleston, 2018, “Key Findings,” para. 5). These camps graduated over 20,000 students in 2018 (Eggleston, 2018). The survey reported that 72% of the recruiters said that graduates of coding boot camps were just as prepared as degree holders, 17% said they were less prepared, and 12% thought that they were more prepared (“What Do Employers,” 2017). Around 80% of the people surveyed have hired a coding boot camp graduate, and 99.8% of those who did so would do it again (“What Do Employers,” 2017). Lerman (2014) studied the returns that 1,825 German firms and 1,471 Swiss companies received from their investments in apprenticeship programs and found that most companies realized a net benefit from their apprenticeship programs. The costs that private companies expend on their programs include “apprentice wages, the wages of trainer specialists for the time they oversee apprentices, and the costs of materials and additional space required for the apprenticeship” (Lerman, 2014, p. 3). The potential benefits of apprenticeship programs include enhanced productivity, lower turnover rates, and savings on other hiring and recruiting costs (Lerman, 2014). Average yearly costs were €15,500 (~$21,080) for German firms and about €18,000 (~$24,480) for Swiss firms (Lerman, 2014). Even though they spent more per apprentice, the Swiss recouped €19,000 a year during the apprenticeship, while German firms only recouped €8,000 a year during the apprenticeship (Lerman, 2014). However, in Switzerland, only 36% of apprentices remained with the firm that provided the apprenticeship training, while 64% of apprentices in West Germany stayed with the business that trained them (Lerman, 2014). This higher retention rate allowed the German companies to regain their expenditures they lost during the apprenticeship programs (Lerman, 2014). Overall, most of these programs recouped their own costs.

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Government Programs

While the United States continues to lag far behind European nations in the number of apprenticeship programs, governments at the federal and state levels have begun to boost the resources they are directing towards apprenticeship programs. Both the Obama and Trump administrations have been proponents of the apprenticeship approach. The TechHire initiative, the LEAP Act, and Trump’s task force on apprenticeships are all federal initiatives that have been proposed or launched within the last decade. The Obama administration launched the TechHire initiative, using grants to expand educational opportunities for workers looking to enter technical fields, including those who pursue alternate educational paths (The White House, n.d.). Since its inception in 2015, TechHire has grown into a network of 237 training partners and 1300 employee partners and has placed over 4000 employees (“TechHire,” 2019). The Trump administration has touted apprenticeships as a means of restoring America’s workforce and ensuring that workers are not left behind in the modern economy. On June 15, 2017, President Trump issued an executive order directing the federal government to investigate ways to expand and encourage apprenticeship programs. The order also created a specific taskforce on apprenticeship expansion. Some have expressed concerns regarding the executive order’s directions for the Departments of Labor, Education, and Commerce to “determine how qualified third parties may provide recognition to high-quality apprenticeship programs (industryrecognized apprenticeship programs)” (Exec. Order No. 13,801, 2017, § 4(a)(1)). This directive could lead to relaxed standards for apprenticeship programs, which could have both positive and negative outcomes. Relaxed standards could allow more apprenticeship programs to launch, but they could also lead to more substandard schools that would not adequately train workers. The Center for American Progress contended that “loosened certification requirements and training structure requirements undermine the quality assurance of apprenticeship programs meeting federal standards, thus weakening the credibility and skill portability of federally Registered Apprenticeships to businesses nationwide” (Lorenzo, 2017, para. 9). In accordance with this executive order, the U.S. Department of Labor announced in 2018 that it would grant $150 million in H-1B funds to support apprenticeship programs in key industries that were largely reliant on workers with H-1B visas (United States Department of Labor, 2019a). The Department of Labor said that the grants were designed “to increase access to apprenticeship among all Americans, particularly veterans, military spouses, service members re-entering the civilian workforce, and underrepresented populations in apprenticeship – including women, people of color, and ex-offenders” (United States Department of Labor, 2019a, para. 7).

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In 2014, Senators Tim Scott and Cory Booker introduced The Leveraging and Energizing America’s Apprenticeship Programs (LEAP) Act into Congress (“Facts About the LEAP Act,” n.d.). This act would give a federal tax credit to employers who hired apprentices for their companies and is designed to encourage employers to hire younger employees. The tax credit would be $1,500 for employees under 25 years old and $1,000 for employees over 25 years old (“Facts About the LEAP Act,” n.d.).

Conclusion While they are only now beginning to gain traction in the United States, apprenticeship programs offer a viable route to a successful career for many outside of the traditional collegiate education model. The initial data from international sources and within the United States generally supports the finding that students who go through apprenticeship programs are well-equipped to find high-paying jobs. However, the study by Hanushek et al. (2017) shows that the skills learned in an apprenticeship program can diminish more rapidly than the skills learned in a more general education program at the secondary and tertiary level. That being said, the apprenticeship students in the sampled countries generally earned higher wages and had a higher chance of being employed up until age 30 (Hanushek et al., 2017). Continuing education programs could potentially enable apprenticeship program graduates to capitalize on this head start. The eventual depreciation of skills gained through the apprenticeship programs could also be combated by including more general education options within apprenticeship programs or during the time of employment after an apprenticeship program. Educational institutions and companies should look to develop this hybrid approach that would meld the strengths of both the general and apprenticeship methods. American companies and the U.S. government have both shown great interest in expanding apprenticeship programs; however, the United States must devote significantly more resources to developing apprenticeship programs in order to make the apprenticeship path a normal route for students looking to enter a variety of fields. In particular, efforts to expand apprenticeship programs should focus on jobs in information technology and in other booster and expander fields. Public relation campaigns should be launched to help redefine apprenticeship programs as legitimate routes towards many sustainable careers rather than merely towards manual labor jobs. Further research should be conducted on the extent to which apprenticeship programs should be regulated. Ideally, regulations will strike a balance between ensuring a quality education and allowing institutions to develop programs without much red tape. Studies should especially look at the viability of industry-based

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standards developed by companies as opposed to the current patchwork of state and federally administered apprenticeship programs. Regardless of the future regulations that may be needed, apprenticeships appear to provide a paid and relatively rapid route to the middle-class for many Americans.

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Reference List Arkansas Division of Elementary and Secondary Education. (2019). Arkansas Computer Science Initiative. Retrieved from http://dese.ade.arkansas.gov/ divisions/special-projects/arkansas-computer-science-initiative Atkinson, R. D. (2018). How to reform worker-training and adjustment policies for an era of technological change. Information Technology & Innovation Foundation. Retrieved from https://itif.org/publications/2018/02/20/ technological-innovation-employment-and-workforce-adjustment-policies Cheney, G. R. (2017). Apprenticeship in brief (Rep.). Committee for Economic Development. Retrieved from https://www.ced.org/reports/apprenticeshipin-brief Cocco, F. (2016). Most US manufacturing jobs lost to technology, not trade. Financial Times. Retrieved from https://www.ft.com/content/dec677c0b7e6-11e6-ba85-95d1533d9a62 Eggleston, L. (2018). 2018 coding bootcamp market size study. Course Report. Retrieved from https://www.coursereport.com/reports/2018-codingbootcamp-market-size-research Exec. Order No. 13,801, 3 C.F.R. 28230 (2017). Facts about the LEAP Act. (n.d.). Retrieved from https://www.booker.senate.gov/ LEAP/ FAQ. (2019). Retrieved from https://www.apprenticeship.gov/faqs Fuller, J., & Sigelman, M. (2017). Room to grow: Identifying new frontiers for apprenticeships. Harvard Business School. Retrieved from https://www.hbs. edu/managing-the-future-of-work/Documents/room-to-grow.pdf Gordon, H. (2014). The history and growth of career and technical education in America. Long Grove, Illinois: Waveland Press.

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Hanushek, E., Schwerdert, G., Woessmann, L., & Zhang, L. (2017). General education, vocational education, and labor-market outcomes over the life-cycle. The Journal of Human Resources, 52(1), 48-87. Retrieved from http://hanushek.stanford.edu/sites/default/files/publications/ Hanushek%2BSchwerdt%2BWoessmann%2BZhang%202017%20JHR%20 52%281%29_0.pdf Hanushek, E., & Woessmann, L. (2017). Apprenticeship programs in a changing economic world. Brookings. Retrieved from https://www.brookings.edu/ blog/brown-center-chalkboard/2017/06/28/apprenticeship-programs-in-achanging-economic-world/ Hendrickson, C., Muro, M., & Galston, W. A. (2018). Countering the geography of discontent: Strategies for left-behind places. Brookings. Retrieved from https://www.brookings.edu/research/countering-the-geography-ofdiscontent-strategies-for-left-behind-places/ Huhman, H. R. (2018, February 28). Why Amazon, IBM, Microsoft, and Salesforce all have apprenticeship programs. Inc. Retrieved from https:// www.inc.com/heather-r-huhman/why-amazon-ibm-microsoft-salesforceall-have-apprenticeship-programs.html Lerman, R. (2014). Do firms benefit from apprenticeship investments? (Rep.). IZA World of Labor. Retrieved from https://wol.iza.org/uploads/articles/55/pdfs/ do-firms-benefit-from-apprenticeship-investments.pdf Lohr, S. (2017, June 28). A new kind of tech job emphasizes skills, not a college degree. The New York Times. Retrieved from https://www.nytimes. com/2017/06/28/technology/tech-jobs-skills-college-degree.html Lorenzo, J. D. (2017, November 10). The rise of the modern American apprenticeship. Wharton Public Policy Initiative. Retrieved from https:// publicpolicy.wharton.upenn.edu/live/news/2196-the-rise-of-the-modernamerican apprenticeship Mann, S. (2017, June 29). Marc Benioff ’s plan to create 5 million American jobs. Inc. Retrieved from https://www.inc.com/sonya-mann/marc-benioffapprenticeships.html

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Meredith, S., & Cutmore, G. (2017, June 27). Marc Benioff says he’s been most aggressive with Trump over pursuit of an ‘apprenticeship moonshot.’ CNBC. Retrieved from https://www.cnbc.com/2017/06/27/wef-dalian-marcbenioff-says-hes-been-most-aggressive-with-trump-over-pursuit-of-anapprenticeship-moonshot.html Muro, M., Liu, S., Whiton, J., & Kulkarni, S. (2017). Digitalization and the American workforce (Rep.). Brookings. Retrieved from https://www. brookings.edu/research/digitalization-and-the-american-workforce/ Reeves, R., & Guyot, K. (2017, August 28). Trump gets something right: Apprenticeships and social mobility [Blog Post]. Brookings. Retrieved from https://www.brookings.edu/blog/social-mobility-memos/2017/08/28/trumpgets-something-right-apprenticeships-and-social-mobility/ Steinberg, S. A. (2013, December 2). 5 reasons expanding apprenticeships will benefit millennials [Blog Post]. Center For American Progress. https://www. americanprogress.org/issues/economy/news/2013/12/02/79872/5-reasons expanding-apprenticeships-will-benefit-millennials/ Swartz, J. (2017, March 23). Tech: Where the jobs – and demand – are. USA Today. https://www.usatoday.com/story/tech/talkingtech/2017/03/22/techwhere-jobs/99496462/ TechHire. (2019). Retrieved from https://techhire.org/ United States Census Bureau (2017, March 30). Highest educational levels reached by adults in the U.S. since 1940 [Press Release CB17-51]. Retrieved from https://www.census.gov/newsroom/press-releases/2017/cb17-51.html United States Department of Labor/Employment and Training Administration. (2019). Apprenticeship: Data and statistics [Data Set]. Accessed October 6, 2019. Retrieved from https://doleta.gov/oa/data_statistics.cfm United States Department of Labor. (2019a). Apprenticeship grant opportunities. Retrieved from https://www.dol.gov/featured/apprenticeship/grants United States Department of Labor. (2019b). TechHire. Retrieved from https:// www.doleta.gov/techhire/

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What do employers really think about coding bootcamps [Blog Post]? (2017, May 2). Indeed. Retrieved from http://blog.indeed.com/2017/05/02/whatemployers-think-about-coding-bootcamp/ The White House. (n.d.). TechHire initiative. Retrieved from https:// obamawhitehouse.archives.gov/issues/technology/techhire Wisconsin Department of Public Instruction. (2016). Microsoft Imagine Academy. Accessed October 6, 2019. Retrieved from https://dpi.wi.gov/sites/ default/files/imce/imagine-academy/ImagineAcademy_FactSheet_2016.pdf

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KANGAROO COURTS: THE CASE FOR REFORMING TITLE IX PROCEEDINGS ON CAMPUS Benjamin Crosby Abstract This study analyzes whether Title IX itself is to blame for the systemic mishandling of sexual assault proceedings on college campuses. The study attempts to discern whether sexual assault goes unreported on college campuses and, if so, whether the lack of reporting hinders law enforcement’s ability to curtail assault. Additionally, this study assesses the lack of uniform procedures in the status quo and explores the problems caused by this lack of standards. In examining the impact of current policy, this study explores how victims, the accused, universities, and members of law enforcement are affected by the current application of Title IX. This study also scrutinizes current reform efforts to determine whether they successfully allay the concerns presented. Ultimately, this study finds that it is necessary to adopt stringent and uniform federal procedures for how colleges should handle allegations of sexual assault. This study concludes by exploring possible areas for reform and proposes one key change that would lead to a fairer system. ___________________________________

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Introduction Bethany is an undergraduate student at a large state university. She is studious, ambitious, and popular. One night, Bethany’s life changes forever when she is sexually assaulted by a fellow student on her campus. Bethany finds it difficult to talk about the incident or reach out for help. When she does reach out, she is urged by school administrators to keep quiet and discouraged from reporting the incident to local law enforcement. Eventually, Bethany’s accusation is addressed by the university in a formal manner. However, instead of involving local authorities or conducting a thorough investigation of the incident, the case goes to a school administrator. This administrator serves as both judge and jury and has nearly complete control over the way the case is handled. The administrator will decide whether to inform the accused about the allegations prior to making a decision. The administrator will decide whether to allow the victim and the accused to have legal representation during the process if there is a hearing. Throughout the entire process, the campus official, who likely lacks any legal training in how to adjudicate sexual assault, is given wide latitude. The evidence presented to the adjudicator may be withheld from either party. Witnesses are only called if the administrator allows it, and the administrator can choose to prohibit the cross-examination of any witnesses that do end up on the stand. Ultimately, this representative of the university is responsible for making the final decision—a decision that will impact Bethany’s life and the life of her attacker. In making this decision, the campus administrator will use the lowest standard of proof. Neither Bethany nor her attacker are allowed to appeal the decision. Neither of the parties are allowed to talk about what happened during the process. Yet the ramifications of the administrator’s decision will follow Bethany and the accused student for the rest of their lives. Bethany’s story may seem far-fetched, but it occurs countless times on university campuses across the nation every year. With such high stakes and such an unstandardized process, it is not surprising that these proceedings are often described as “kangaroo courts.” This study examines the way that colleges and universities nationwide enforce Title IX on both an individual and systemic level. Those who argue against reform maintain that the status quo is fixing itself and that current enforcement is adequate to protect students and universities. Proponents of reform argue that the system is fundamentally and pervasively flawed and that victims of sexual violence, those accused of assault, and colleges themselves are all greatly harmed by the lack of uniform federal procedures. This study considers both sides of the issue in determining whether there is a need for Title IX reform.

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There is currently no uniform federal protocol for universities to reference when an alleged case of sexual violence is brought to them. Instead, universities must create their own policies to try to comply with “Dear Colleague Letters” issued by the Department of Education and “best practices and guidelines” issued by its Office for Civil Rights (OCR). This study seeks to determine whether this process is effective or whether the lack of uniform federal procedures endangers students and universities. Opponents of the current application of Title IX have claimed that the existing process essentially decriminalizes rape and other forms of sexual violence. Because universities are not required to report potential cases of sexual violence to the police, such cases are said to go uninvestigated by law enforcement and unpunished by legal authorities. Opponents further claim that in many cases, those found guilty of sexual violence essentially “get off the hook” by merely being suspended. Worse still, opponents of the status quo claim that universities essentially hush up the victims of sexual assault when their accused attacker is part of a student group that the university has a special interest in, such as student athletes. This study examines the veracity of these claims and hypothesizes that a series of uniform procedures would better ensure an effective and just process.

Literature Review Title IX was passed in 1972 with little controversy. Smith (2015) noted that the driving force behind the legislation was the issue of sex discrimination in the realm of higher education. Unfortunately, the law has been largely unable to curb sexual assault and discrimination on university campuses. Scholars like Kasic and Schuld (2008) maintained that the problem with the status quo is not an issue with Title IX itself but rather the way it has been applied in higher education. Similarly, Henrick (2013) concluded that Title IX has been expanded by OCR and the Supreme Court in a manner totally at odds with the original intent of the law. Henrick argued that including cases of inter-student conduct under Title IX’s harassment prohibitions creates a “hostile environment” for student defendants. Reich (2017) agreed, noting that the OCR misstepped in aggressively expanding Title IX sexual discrimination to include both sexual harassment and sexual violence. The current application of Title IX in higher education has led to many cases of sexual assault on university campuses going unreported. The fundamental reasons for this have been revealed to some degree by scholars. Smith (2015) pointed out that a lack of recourse makes victims hesitant to come forward with reports of sexual assault. Smith further noted that the OCR’s current policy places universities under no obligation to forward reports of sexual violence to the police or local law

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enforcement. The logical result of this policy, as noted by DeBold (2014), is that many serious allegations never reach law enforcement agencies but are instead handled “in house” by college administrators. Writing for Time Magazine, Shibley (2014) likened the current process by which schools handle sexual assault to “campus kangaroo courts” (para. 4). Shibley traced the problem back to the current interpretation of Title IX, which actively encourages schools to handle cases of suspected sexual violence themselves. Smith (2015) came to the same conclusion, noting that a lack of uniformity in OCR regulations leads to a lack of uniformity among institutions of higher education. Under this system, individual universities can interpret OCR guidelines and form their own policies as they please. Absent any true standards for how a Title IX investigation ought to proceed, the door is open for universities to decide for themselves which investigative procedures they wish to use—or whether they launch an investigation at all. Some scholars argue that while Title IX has expanded in scope, it has not actually achieved its goals. Villasenor (2016) examined Title IX proceedings in comparison to conviction in criminal trials in common law courts. He concluded that the former adjudicate very serious matters under a substantially lower standard of proof. Villasenor found that without curbing the very real problem of sexual violence on university campuses, there exists a massively inflated likelihood that the innocent will be found guilty in Title IX proceedings. Fay and Starr (2017) similarly cited findings of federal district courts that the system is deeply flawed, depriving all involved of a fair, thorough, and impartial process.

Data and Methods This study is primarily qualitative, relying on work completed by respected experts in related fields such as government and law. The pervasive problem of the mishandling of cases of sexual violence on university campuses is complex and comes from many sources. This study does not attempt to address all possible sources. Instead, it focuses the discussion on the evolving scope and application of Title IX and the primary issues that this evolution has spawned. In exploring the way universities handle allegations of sexual violence, this study discusses the process used by colleges, the lack of uniformity in that process, and possible solutions to better serve victims, the accused, and universities.

Research The Current Policy

Title IX of the Education Amendments of 1972 protects individuals from sexbased discrimination in federally funded education programs. The law states: “No

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person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance” (United States Department of Education, 2015, para. 2). Title IX applies to any institution that receives financial assistance from the federal government. This includes educational agencies at the state and local levels. The basic meaning of the law is that institutions that receive financial assistance from the federal government are required to operate in a completely nondiscriminatory manner in order to keep receiving federal support. The law also protects individuals who present a claim that a university’s policy is at odds with Title IX protections. Such individuals are protected by Title IX from any retaliation resulting from their charges or testimony. There are a number of areas under Title IX in which recipients of federal funding have affirmative obligations. These areas include recruitment, admissions, financial assistance, athletics, treatment of pregnant and parenting students, and employment (United States Department of Education, 2015). In the years following the initial implementation of Title IX, the government quickly realized that the law was toothless without an agency to enforce it. Thus, the government created the Office for Civil Rights within the Department of Education to enforce the Title IX and other civil rights policies. The official mission statement of the OCR is “to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights” (United States Department of Education, 2018, para. 1). Murphy (2017) explained that the OCR possesses two primary enforcement tools: withholding federal funds and referring complaints to the Department of Justice for prosecution. The OCR is given these tools in order to fulfill their primary responsibility of ensuring complicance with laws that prohibit discrimination on the basis of race, color, national origin, sex, disability, or age. When it comes to Title IX, the OCR is responsible for making sure that cases of sexual violence on university campuses are properly handled under the law. Title IX’s application to higher education has drastically evolved since its original codification. Title IX was not originally intended to be used to adjudicate allegations of sexual misconduct on university campuses (Henrick, 2013). After the OCR was established, however, Title IX began to be interpreted more broadly. Reich (2017) identified two steps the OCR took that changed the application and scope of Title IX: First, it interpreted Title IX sexual discrimination to encompass sexual harassment. Second, it then interpreted Title IX sexual harassment to encompass sexual violence. Perhaps the OCR felt it had

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to be so aggressive because it knew that nothing in Title IX’s text applied the law to sexual violence on campuses. (p. 4) Theoretically, the OCR’s aggressive expansion of Title IX better equips the agency to enforce the law. In practice, however, the OCR has given universities practically no meaningful guidance for handling allegations of sexual violence. In the absence of such guidance, universities have resorted to developing their own improvised guidelines.

The Process

When students bring allegations of sexual violence to the attention of campus personnel, university policies for handling them vary from state to state and even school to school. Many do not notify the police, preferring to investigate matters inhouse using ad-hoc Title IX tribunals. These tribunals essentially amount to in-house rape trials and have earned the unenviable moniker “campus kangaroo courts” from critics (Shibley, 2014, para. 4). These kangaroo courts were created due to the lack of a standardized process for universities to deal with allegations of sexual misconduct. The OCR offers universities little in the way of meaningful instruction for handling serious allegations. Smith (2015) explained: The Office of [sic] Civil Rights does not set out specific guidelines for how a Title IX investigation should proceed or who should conduct the investigation, and states that it will depend on the case at hand. The only real criteria in regards to how these claims should be investigated is that the investigation must be adequate, reliable, impartial, prompt, and include the opportunity for both parties to present evidence and witnesses. Once again, this broad requirement regarding the obligation of universities to investigate sexual violence claims has opened the door for universities to decide what investigative procedures they want to use and not follow any type of uniform procedure. (pp. 170-171) Absent clear standards or guidelines, it is left to universities to determine how they wish to handle allegations of serious sexual misconduct. Current policy merely identifies a vague obligation of universities to combat the hostile environment created by sexual assault on college campuses. Yet, the very same policy grants immense latitude to universities to combat that hostile environment in whatever way they see fit (DeBold, 2014). As a result, only 25% of universities have a uniform process to investigate claims of sexual violence (Smith, 2015).

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The most concerning aspect of the current system is the lack of directions for how colleges should interact with law enforcement agencies when serious allegations are presented to them. The Department of Education has specifically stated that university personnel should not act as agents of law enforcement (DeBold, 2014). Nevertheless, the Department of Education does not require universities to contact law enforcement when a sexual assault is reported, thus opening the door to the very reality they intend to avoid. Of the 25% of universities that even have uniform processes to investigate claims of sexual violence, only 25% of that number have protocols for working with local law enforcement (Smith, 2015).

Critiques of the Current Policy

The first problem identified by critics of current policy is that the status quo allows sexual assault to go unreported. The current policy of the OCR is that universities are not required to forward allegations of sexual violence on to the police, nor are they required to investigate the incidents in conjunction with law enforcement (Smith, 2015). Instead, universities are allowed, and even encouraged, to handle allegations on their own without oversight from outside agencies. It is certainly true that victims have the ability to contact local law enforcement regardless of whether the university contacts law enforcement pursuant to a legal obligation. However, most victims report to campus personnel, not law enforcement agencies (DeBold, 2014). At that point, the allegations go to college administrators to be dealt with in-house (DeBold, 2014). This unfortunately means that many very serious allegations never get to law enforcement agencies because college administrators prefer to deal with them internally. DeBold (2014) explained: Although federal policy mandates that colleges are generally required to cooperate with a victim’s decision to pursue criminal charges, there have been various instances where campus personnel have discouraged victims from pursuing remedies through the criminal justice system by presenting the university disciplinary process as a less intrusive mechanism. A victim’s decision to contact outside law enforcement often will be affected by her institution’s initial treatment of her assault. If the institution does not treat the assault seriously or does not investigate and gather evidence that could help the victim corroborate her claim, she may be deterred from pursuing criminal charges. Finally, while victims retain the right to reach out to the criminal justice system, this right often is not substantiated by any form of coordinated process. The lack of information sharing and joint investigations between the university

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and local police can frustrate the ability for law enforcement agencies to take meaningful action on behalf of the victim. (p. 14) Of course, it is preposterous to suggest that victims of sexual assault should be required to report what has happened to them to anyone, let alone law enforcement. Yet, the current system seems to be designed in such a way that actively encourages silence and avoidance of law enforcement (Shibley, 2014). Accusers are told that the criminal justice system is inefficient, incompetent, and cruel, whereas the campus tribunal system is painted as fair, professional, and superior (von Spakovsky, 2017). Such a system does not serve victims and makes it far more difficult for law enforcement agencies to do their job. Some agencies have gone so far as to say that the lack of information sharing between colleges and police has actively intensified the problem of sexual assault on university campuses (DeBold, 2014). The second problem identified by critics of the current policy is that it is highly susceptible to abuse. Colleges are not bound by any system of checks and balances in their responses to allegations of sexual assault, nor are they subject to any oversight from a non-institutional actor (DeBold, 2014). This presents a serious problem of conflict of interest where campus personnel may hesitate to take meaningful action when doing so would be at odds with the interests of the institution as a whole. One of the major conflicting interests has historically been when a student accused of sexual violence is a high-profile student athlete. Due to the revenue that can come in from student athletes, university officials have a significant incentive to look the other way when a major athlete at the university is accused of sexual misconduct (Smith, 2015). DeBold (2014) wrote: As a practical matter, when a victim files a sexual assault complaint with her university, the investigation of her assault will be in the hands of a powerful institution that has its own priorities. Because preventing and remedying the assault of young women is not a major priority for these institutions, universities will often fail to protect victims and provide them with a fair process when doing so would conflict with other institutional interests. Countless reports of universities “mishandling” sexual assault cases suggest that this conflict of interest is not the extreme, but is the norm. (p. 17-18) In this respect, federal education policy has allowed crimes of sexual violence on university campuses to be transformed into a solely institutional problem— an issue to be handled by colleges rather than the criminal justice system. That transformation opens the door for the mishandling of critical cases and active abuse in the system.

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Title IX tribunals offer a very different process than would be found in a police investigation or a courtroom proceeding. Amateur college panels do not have access to forensic evidence, nor do they have the ability to subpoena witnesses or get testimony under oath (Cohn, 2015). Title IX proceedings adjudicate allegations according to a ‘preponderance of the evidence’ standard—a far lower burden of proof than in criminal proceedings for the same allegations (Villasenor, 2016). While this lower burden of proof theoretically makes it easier to ensure that the guilty will not go unpunished, it also increases the probability that the innocent will suffer. Critics of the current policies argue that Title IX tribunals deny basic rights to both the victims and the accused. Accused students do not possess some of the basic elements of due process in a Title IX proceeding, including the right to see the evidence against them (Harris, 2014). The lower burden of proof and lack of due process in Title IX proceedings are all the more concerning when one considers the number of procedural flaws throughout the system. Fay and Starr (2017) identified some of these flaws: Other federal district courts have found that a college’s failure to conduct a thorough, impartial, and fair investigation and fact-finding process created a flawed system. Some of the procedural flaws have included an investigator’s failure to seek out contemporaneous text messages; a College’s failure to provide the accused with the initial statement of the accuser which was made to the College; improper instructions to the Hearing Board as to the College’s Policy and Procedures; interference by administrators with the Hearing Board’s deliberations; and the denial of an appeal despite the new information provided that revealed that the accused was innocent and that the conduct attributed to him was fabricated. In yet another court case, the student was allowed to pursue his claim because a university employee said male students were “guilty, until proven innocent” and that the university had “loaded the dice against the boys. (para. 6) Indeed, Judge Gertner described this process as “the worst of both worlds, the lowest standard of proof, coupled with the least protective procedures” (American College of Trial Lawyers, 2017, p. 17). Current policies have created a system where a single untrained college administrator can serve as investigator, prosecutor, judge, and jury. DeBold (2014) argued that colleges may be better than the criminal justice system at providing counseling and educational programs, but they lack the capability, resources, or incentives to properly fulfill the investigatory role that law enforcement serves. With

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few resources to accomplish the job correctly and with significant incentive to avoid negative press from mishandling sexual assault cases, colleges often impose a de facto standard that treats students as if they are guilty until proven innocent. The current system does not inspire confidence in those it is meant to serve. Law enforcement agencies, academics, lawmakers, and some university officials are not the only ones who are opposed to letting universities have so much control over cases of alleged sexual violence. Seven out of every ten college students go so far as to say that they have no faith in their college’s process for handling claims of sexual misconduct or in the administrators responsible for overseeing that process (Smith, 2015). The American College of Trial Lawyers (2017) summed up the reality in this way: “Under the current system everyone loses: accused students are deprived of fundamental fairness, complainants’ experiences are unintentionally eroded and undermined, and colleges and universities are trapped between the two, while facing a potential loss of federal funding” (p. 18).

Proposals for Reform

Many reform proposals center around the foundational premise that universities should be required to follow specific procedures or standards when dealing with allegations of sexual misconduct. Smith (2015) wrote: It is pertinent that the Office of [sic] Civil Rights provides better guidelines to universities to help them meet their Title IX requirements, and if the Office of Civil Rights created a best practice manual to help guide them in responding immediately and appropriately to reports of student-on-student sexual violence then there would be more uniformity in how universities nationwide are responding to sexual violence claims. (p. 171) Smith’s recommendations are not unique. Soave (2018) argued that a clear procedure and leadership is absolutely necessary to provide students and victims with care and protection that is both just and efficient. Reich (2017) agreed, writing that the OCR is best positioned to protect due process rights for the accused insofar as it has the ability to promulgate clear and responsible standards for universities. In recent months, efforts towards improvement have been made. In November of 2018, Secretary of Education Betsy DeVos released a number of new regulations aimed at better enforcing Title IX (Soave, 2018). In a large step forward for education policy, the new regulations prohibit a single-adjudication system. This means that a single person will no longer be able to investigate allegations, prepare the report regarding the situation, and also deliver judgment on the matter. This change, though long overdue, will do much to align Title IX enforcement with basic

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principles of fairness. The DeVos reforms additionally mandate cross-examination for witnesses, adopt a narrower definition for sexual misconduct, and allow colleges to set their own evidentiary standards (Soave, 2018). While this is an improvement, there remains a need for clear and stringent uniform procedures that will not only encourage a fair and impartial system—but will mandate it. There are many possible options for future meaningful reform. Uniform procedures could require that all parties be notified of their right to counsel and could provide accused students with a copy of any written complaint made against them. Appointing impartial adjudicators and making training documents public could make the process more streamlined and effective. It would also benefit the education system to implement protections for the accused, such as the right to remain silent, the right to a meaningful appeal, and protection against double jeopardy. Revisiting the evidentiary standard could also be helpful. Perhaps most importantly, it may be time to revisit the “police optional approach” that has been adopted by so many universities absent strict uniform standards. There is considerable research showing that preventing colleges from using the police optional approach is absolutely critical. DeBold (2014) demonstrated that studies have shown that the collaboration of universities with law enforcement increases the likelihood of a full and complete investigation of allegations. Supporters of the current system respond that many victims do not wish to bring their allegations forward and that a system involving the police would further decrease the number of victims willing to come forward. Supporters use this argument to discount reforms that would take the handling of sexual misconduct out of the hands of universities. However, such arguments are unpersuasive because they fail to account for all of the facts. Smith (2015) responded to arguments like these by explaining the actual reasons many victims do not report their allegations: One reason often given by victims for failing to report the assault is that they feel that there will not be punishment for the defendant, and another prevalent reason is that victims feel that there are barriers to reporting. This is largely due to the structural impediments that exist in sexual violence policies. These impediments include policies, procedures, and protocols that are not victim friendly. There are several scholars that believe that due to these structural impediments, along with the lack of judicial training by university officials, and the lack of ability to hand down severe punishment, that universities should not handle these claims at all, but that they should be handled by the criminal justice system. (p. 173)

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In other words, the fundamental issue for many victims is not that they do not wish to bring their stories forward; rather, they fear that the system will not treat them properly. Taking the issue out of the hands of college administrators could help alleviate this concern. Law enforcement agencies simply have better tools and training to properly handle cases of this nature. Rapists are not merely misguided students who have broken a code of honor or ethics at their institution of learning: they are criminals, and education policy must treat them as such.

Conclusion Existing Title IX guidelines are legally dubious, impractical, and unfair to all parties involved. The current system is open to abuse and gives far too much power to college administrators. The lack of uniform standards or procedures does a great disservice to victims of sexual violence, those accused of such misconduct, and the universities themselves. College administrators lack the resources, investigatory power, and authority to handle cases of sexual assault. Current policy effectively decriminalizes rape on many college campuses across the nation, which is unacceptable. Reform is an absolute necessity to ensure justice, due process, and efficiency. Effective reforms will likely contain two key parts. First, the OCR must promulgate clear and authoritative standards for universities’ adjudication of cases of sexual violence. Second, it must find a way to appropriately involve law enforcement and the criminal justice system in investigations of sexual violence on college campuses. These reforms are necessary to ensure that young women like Bethany do not have to place their faith in a kangaroo court in order to receive justice.

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Reference List American College of Trial Lawyers. (2017). White paper on campus sexual assault investigations. Retrieved from https://www.actl.com/docs/defaultsource/default-document-library/position-statements-and-white-papers/ task_force_allegations_of_sexual_violence_white_paper_final.pdf Cohn, J. (2015, January 16). Colleges are not the place to try rape cases. The Washington Post. Retrieved from https://www. washingtonpost.com/opinions/colleges-are-not-the-place-to-try-rapecases/2015/01/16/7d7e44be-9d87-11e4-a7ee-526210d665b4_story. html?utm_term=.6034589a4121 DeBold, D. E. (2014). The decriminalization of rape on America’s college campuses. Women Lawyers Journal, 99(3), 10-22. Retrieved from http:// www.nawl.org/d/do/255 Fay, J., & Starr, G. (2017). Title IX procedures and the need for fairness to all parties. Shipman & Goodmann LLP. Retrieved from https://www.jdsupra. com/legalnews/title-ix-procedures-and-the-need-for-96792/ Harris, S. (2014, August 13). Law enforcement must take the lead in campus sexual assault cases. The New York Times. Retrieved from https://www. nytimes.com/roomfordebate/2014/08/12/doing-enough-to-prevent-rapeon-campus/law-enforcement-must-take-the-lead-in-campus-sexual-assaultcases Henrick, S. (2013). A hostile environment for student defendants: Title IX and sexual assault on college campuses. Northern Kentucky Law Review, 40(1). Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_ id=2126340 Kasic, A., & Schuld, K. (2008). Title IX and athletics: A primer [Position Paper No. 610]. Independent Women’s Forum. Retrieved from http://www.iwf.org/ news/2432933/Position-Paper-No.-610:-Title-IX-and-Athletics:-A-Prime Murphy, J. (2017, March 13). The Office for Civil Rights’s volatile power. The Atlantic. Retrieved from https://www.theatlantic.com/education/ archive/2017/03/the-office-for-civil-rights-volatile-power/519072/

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Reich, J. B. (2017). When is due process due?: Title IX, “the state,” and public college and university sexual violence procedures. Charleston Law Review, 11(1). Retrieved from https://advance.lexis.com/r/delivery/ content/370243273/download/98408213/FullDoc/false Shibley, R. (2014, December 1). Time to call the cops: Title IX has failed campus sexual assault. Time Magazine. Retrieved from http://time.com/3612667/ campus-sexual-assault-uva-rape-title-ix/ Smith, K. (2015). Title IX and sexual violence on college campuses: The need for uniform on-campus reporting, investigation, and disciplinary procedures. St. Louis University Public Law Review, 35(1), 157-178. Retrieved from https:// scholarship.law.slu.edu/cgi/viewcontent.cgi?article=1030&context=plr Soave, R. (2018, November 16). Betsy DeVos formally unveils new Title IX rules: 3 ways they will strengthen due process on campus. Reason. Retrieved from https://reason.com/2018/11/16/betsy-devos-title-ix-new-rules-due-proce Von Spakovsky, H. (2017). Campus sexual assault: Understanding the problem and how to fix it. The Heritage Foundation. Retrieved from https://www. heritage.org/sites/default/files/2017-07/LM-211_0.pdf United States Department of Education. (2015). Title IX and sex discrimination. Retrieved from https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html United States Department of Education. (2018). About OCR. Retrieved from https://www2.ed.gov/about/offices/list/ocr/aboutocr.html Villasenor, J. (2016). A probabilistic framework for modelling false Title IX ‘convictions’ under the preponderance of the evidence standard. Law, Probability and Risk, 15(4), 223-237. Retrieved from https://academic.oup. com/lpr/article-lookup/doi/10.1093/lpr/mgw006

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George Wythe was one of the premier scholars in early American history. The first law professor in America, he was a strong supporter of the War for Independence and a zealous patriot. Many of America’s most influential leaders, such as Thomas Jefferson, studied under his guidance. Furthermore, as a framer of the Constitution, Wythe left a legacy that the United States still honors to this day. The George Wythe Review adopted his name in memory of his brilliant scholarship and in hopes that this journal might emulate Wythe’s dedication to our country.

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Acknowledgements The George Wythe Review would like to gratefully recognize the Collegiate Network for their contribution to the success of our publication.

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American Politics & Policy Program georgewythereview.com