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  • February 18, 2015

    State Public Defender Puts Pro Bono Grant to Work to Fight School-to-Prison Pipeline for Students Facing Expulsion in Madison Schools

    The Student Expulsion and Prevention Project (StEPP) is using a $4,000 Pro Bono Initiative grant from the State Bar of Wisconsin’s Legal Assistance Committee to pair Madison students needing representation with volunteer attorneys to lessen time spent out of school.
    Diane Rondini-Harness

    Diane Rondini-Harness of the State Public Defender’s Office applied for the State Bar grant and serves as a liaison between attorneys and families needing representation.

    Feb. 18, 2015 – Here are the facts: Students who are expelled from school are more likely to fall behind and ultimately drop out, and that minority students are disproportionately affected.

    And the goal is: To ensure these students are represented at expulsion hearings, to help reduce the time they spend out of school.

    The Student Expulsion and Prevention Project (StEPP), organized by the Wisconsin State Public Defender’s Office, is the recipient of a $4,000 Pro Bono Initiative grant from the State Bar of Wisconsin’s Legal Assistance Committee.

    “Hopefully, this effort will show a reduction in the number of children out of school, and in turn help eradicate the school-to-prison pipeline,” said Diane Rondini-Harness of the Wisconsin State Public Defender’s Office, who serves as a liaison between the pro bono attorneys and the families seeking representation.

    Representing Students in Need

    The project trains and fields volunteer lawyers to represent students facing expulsion in the Madison Metropolitan School District (MMSD). The State Public Defender’s Office is coordinating the program with the help of many volunteers, both pro bono attorneys and law students.

    “School is a major issue for many kids involved in the juvenile justice system or the child welfare system,” Rondini-Harness said. “An appropriate school setting helps in the rehabilitation process.”

    The National Juvenile Defender Center and the National Legal Aid & Defender Association developed a set of core principles to provide quality representation in student delinquency cases via public defenders.

    “One calls for the public defense delivery system to advocate for the educational needs of clients, either through direct representation or through collaboration with community-based partners,” said Rondini-Harness. “A few agency attorneys have represented clients at expulsion hearings on their own time, however, most are unrepresented at these hearings.”

    Successful Precedent

    The project is based on the Suspension Representation Project in New York City and one created by Legal Services for Children in San Francisco. Both programs resulted in charges against the students being dismissed or reduced and lessened the time they spent on suspension. The New York program has a 65 percent success rate in having charges dismissed or reduced or resulting in a lesser amount of time that a student is out of school.

    In the 2012-13 MMSD school year, 146 students were recommended for expulsion. But not every case goes to a hearing: Out of the 146, 28 students had hearings, with only two represented by an attorney. MMSD data shows that low-income students and students of color are disproportionately impacted by the expulsion process.

    In many instances the school district is able to find ways to defer expulsion, and teachers and counselors are often the students strongest advocates, Rondini-Harness said.

    But a pro bono attorney can also make a difference for them, helping to negotiate a positive outcome for a student. And since the State Public Defender’s Office does not have jurisdiction in such cases, pro bono representation is needed. 

    Overwhelming Support

    Rondini-Harness said the program is receiving “overwhelming support” from the community.

    More than 30 pro bono attorneys attended a training session conducted by StEPP in January, and are already at work in the program: Within 10 days, the pro bono attorneys were already assigned to three cases.

    “They are all exceptional in that they are willing to take these cases on for free, despite their busy schedules, to make a difference in the life of a child,” Rondini-Harness said.

    StEPP’s initial goal is to increase representation for MMSD students and, over time, to expand the program to additional areas of the state.

    How to Get Involved

    Not only do lawyers who get involved help out a student, but they will receive no-cost CLE for doing so: The program was approved for 7.5 CLE for lawyers who complete the training.

    “The training focuses not only on the nuts and bolts of an expulsion hearing, but on appropriate interview techniques, adolescent brain development, and cultural compassion and awareness,” Rondini-Harness said.

    For those interested in participating in the program, a video of the training will be available soon. Training is at no cost, provided the lawyers commit to taking at least one pro bono case within a year.

    A time commitment on a case is approximately 10 hours or less, Rondini-Harness said.

    Lawyers interested in participating in the project should contact the StEPP program via email at stepp.probono@gmail.com.


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