Voucher Schools Have Created a Separate, Unequal System

Private voucher schools are failing Milwaukee children with disabilities. When these voucher schools ignore their obligations to educate and accommodate children with disabilities, they force Milwaukee Public Schools to pick up the slack - while giving MPS fewer resources to do so. Voucher schools' large-scale exclusion of children with disabilities has led to a segregated environment with a disproportionate share of children with disabilities attending MPS.

Indeed, if the state Legislature and governor have their way and expand the voucher program, the separation and exclusion of children with disabilities will only get worse.

That is why civil rights groups have filed the first systemic disability discrimination claim against a voucher program, at a time when well-financed pro-voucher lobbies are pumping money into voucher expansion efforts across the nation. The American Civil Liberties Union, the ACLU of Wisconsin and Disability Rights Wisconsin have asked the U.S. Department of Justice to investigate the voucher program and to shut down expansion as long as exclusion and segregation remain.

The ACLU and DRW have requested a federal investigation because of families like our clients. K.S., for example, who has attention deficit hyperactivity disorder but whose doctor has not prescribed medication, was told he would not be admitted to one voucher school unless his mother medicated him anyway. His brother, S.E., who needs speech therapy services, was discouraged from even applying to a voucher school and as of the time the complaint was filed had not been admitted - even though he applied in January.

Another voucher school expelled B.J. after she had an argument with another child and without the reasonable accommodations MPS would have to give her if she was in school there. The voucher school expulsion forced her back to MPS, which, of course, must accept and educate her. These are just examples of the children that the voucher schools will not serve - not the only ones.

Separate is not equal, but separate is exactly what is occurring in Milwaukee: Voucher schools educate about 20% of Milwaukee students, but a mere 1.6% of voucher students receive services due to disabilities. That compares to the more than 19.2% of MPS students who receive special education services. If the voucher program expands, it will take more non-disabled children and the segregation of children with disabilities in MPS will inevitably increase.

Voucher supporters claim that they really serve a greater number of children with learning disabilities, but they have no proven data to support their arguments. Besides, their own numbers say they are only serving half as many children with disabilities as MPS.

Voucher supporters also talk only about serving children with learning disabilities. Meanwhile, MPS serves children with a wide range of disabilities - such as deafness, autism, cognitive delays and mental illness, as well as profoundly disabled children whose expenses the district also must absorb.

The vouchers were sold as a better alternative for all of Milwaukee's families. But the truth is that even though they do not serve students with disabilities, voucher schools are failing Milwaukee children. Testing data released this year shows that overall MPS performs better than voucher schools.

Realizing they are losing the argument on quality, voucher supporters now try to emphasize that they educate cheaply. But the voucher schools do not just get state and local tax dollars. In fact, one of the reasons we are asking for an investigation is that the voucher schools receive millions of dollars a year in federal money and services. The receipt of federal money obligates the private schools to comply with federal anti-discrimination laws.

This failure of voucher schools to serve children with disabilities has led to the segregation of children with disabilities within MPS, while reducing resources the public school system needs to educate all students. That's a separate - and unequal - system that cannot continue, let alone expand, in its current discriminatory form.


Courtney Bowie is senior staff attorney of the American Civil Liberties Union Racial Justice Program; Karyn Rotker is senior staff attorney, American Civil Liberties Union of Wisconsin; and Jeffrey Spitzer-Resnick is managing attorney, Disability Rights Wisconsin.

This editorial was originally published in the Milwaukee Journal Sentinel on Saturday, June 18 2011.  A counter-opinion editorial was also published from School Choice Wisconsin which paints the federal complaint as an attack on the voucher program, but fails to adequately address the trend of increasing segregation of students with disabilities in public schools in Milwaukee which prompted the request for a federal investigation.

Gay-Straight Alliance in West Bend School Approved - But It Shouldn't Take a Lawsuit to Support LGBT Youth

On Monday, the board of the West Bend School District narrowly voted in favor of allowing a Gay-Straight Alliance at their high school. The ACLU of Wisconsin was there to live-tweet from the meeting (you can see the tweets on the @ACLUofWisconsin Twitter page). Many LGBT rights advocates are applauding the victory this week. Unfortunately, the school board’s narrow vote came about, not because it was simply the right thing to do for equality and freedom of expression and association, but because a potentially costly lawsuit has forced them to acknowledge that the law is against them.

When the school board originally voted in May to not allow the club official recognition, lawyers on behalf of students who wanted to start a Gay-Straight Alliance filed a lawsuit in federal district court to overturn the board’s decision on the basis that it violated both federal equal access protections and first amendment rights.  As a public school that receives federal funding, the West Bend School District must not have policies that discriminate against students or deny them basic rights. 

Students at West Bend have been trying to organize a GSA for nearly a decade but have faced one barrier after another (the legal complaint tells the students’ compelling story). It is unfortunate that it took a lawsuit for the school board to make a decision that recognizes all student clubs. But their decision could have been better. They could have voted unanimously in support of the club. They could have taken a strong public stand against discrimination and bullying.

On Monday, the West Bend School Board barely approved a decision that should have been made in support of their diverse student body back in 2000. But from this point on, we expect the best in accommodation and support for the GSA in West Bend. The West Bend School district needs a real process to not just approve but cultivate student clubs and promote leadership development in a way that is clear, fair and consistent. Teachers who champion diversity should be applauded, not criticized. Perhaps school board seats in the future will be filled by community members who represent and protect all students, rather than a narrow ideology. 

The school board vote got media coverage on the AP wire, the Milwaukee Journal Sentinel, TMJ-4, Fox News 6 (both with video) and WISN. The Department of Education also recently reminded public schools that Gay-Straight Alliances have the right to organize.

Milwaukee Voucher Schools Discriminate Against Students with Disabilities, Allege ACLU, Disability Rights WI: Federal Investigation Requested Today

The American Civil Liberties Union, the ACLU of Wisconsin Foundation, and Disability Rights Wisconsin filed a complaint with the U.S. Department of Justice Civil Rights Division today, charging discriminatory practices in Milwaukee’s private voucher schools have led to an egregious segregation of students with disabilities. The complaint was filed against the State of Wisconsin, its Department of Public Instruction and two voucher schools. The groups say that Wisconsin has failed to hold taxpayer-funded private voucher schools accountable for serving children with disabilities, and has created a program that segregates and isolates children with disabilities.

“Twenty years of offering vouchers to attend private schools in Milwaukee have demonstrated that children with disabilities are not welcome in Milwaukee’s private schools,” said Jeffrey Spitzer-Resnick, attorney for Disability Rights Wisconsin. “Even worse is when these voucher schools occasionally accept children with disabilities, take their voucher funds, and then expel them without recourse leaving the family no other option than to return to Milwaukee Public Schools. In fact our complaint includes one family whose children with disabilities were not admitted to a voucher school, and another whose disabled child was kicked out of a voucher school and sent back to the public school system.” 

“This failure of voucher schools to serve children with disabilities has led to the segregation of children with disabilities within Milwaukee Public Schools, while reducing resources the public school system needs to educate all students,” added Courtney Bowie, senior staff attorney with the ACLU Racial Justice Program.

“Right now only about 1.6% of voucher students have disabilities, while 19.5% of Milwaukee Public School students do,” said Karyn Rotker, senior staff attorney with the ACLU of Wisconsin. “Increasing the size of the voucher program – as the state intends to do – will only lead to even more discrimination and more segregation of children with disabilities. We hope DOJ will step in to stop that from occurring.”

Read more on the national ACLU website.This story also received coverage in the Wisconsin State Journal and the Milwaukee Journal Sentinel as well as the Huffington Post, WUWM-FM, WORT-FM's In Our Backyard and the 8 o'Clock Buzz, Disability Scoop, The American Independent and Education Week.

Youth Social Justice Forum Gets Milwaukee Youth Talking about Equality and Free Speech

On Thursday November 4th, 2010, over 300 high school students came together at the University of Wisconsin- Milwaukee Student Union for the 11th Annual Youth Social Justice Forum.

The crowd of students, teachers and volunteers gather for the day

Students learn how to build puppets from scratch to turn their ideas into 3-D images

With the assistance of almost 80 volunteers from all over the city, including the 2010-2011 class from Public Allies Milwaukee, students actively participated in educational workshops that covered topics from “Creating Audio PSAs” for radio broadcast to “Political Cartooning and Art.” The workshops were presented by volunteers and partners from across the region.

Art Night Books artist Devin Trudell shares political cartoons

In its eleventh year of operation, the Youth Social Justice Forum has evolved from a political awareness event for Milwaukee-area youth to a premiere Social Justice Forum for education and activism for southeastern Wisconsin. The Youth Social Justice Forum increases awareness about issues that directly affect young people, offers hands-on workshops that teach youth real skills to help them raise their voices, provides experiential learning that fosters creative and collaborative thinking, and brings people together to bridge the gap between different racial and economic backgrounds.

Political expression in t-shirt form is ripped from the headlines and incorporated into a workshop

The First Amendment comes alive when students have hands-on lessons about free speech and art

In addition to the workshops, those in attendance also had the opportunity to observe a debate concerning the topic of immigration reform and then cast a ballot to vote on the debated measure using real ballots and counting machines.

City of Milwaukee ballots and tabulators give students the experience of voting

True Skool speakers discussed the history of urban art

This event would not have been a success without the participation and collaboration of many talented volunteers and facilitators. Supporting organizations and businesses include: 88.9 Radio Milwaukee, the City of Milwaukee Election Commission, Milwaukee Public Theatre, Public Allies Milwaukee, RedLine Milwaukee, True Skool, University of Wisconsin-Milwaukee, Urban Underground and the ACLU of Wisconsin staff and friends. The countless hours spent during preparation for this event resulted in a fantastic outcome.

Public Allies Milwaukee volunteers helped the day run smoothly

Photos taken by ACLU of Wisconsin staff member Marion Ecks

View more pictures from the event on the ACLU Student Alliance HQ Facebook photo gallery

Bring the Youth Social Justice Forum or other youth rights workshops to your students or community group! For more information on next year's event or to get news and information about our educational work with young people, sign up for updates or contact our Youth and Program Department at (414) 272-4032 x 23. Get involved!

“Sensitive Issues:” Myths vs. Facts about the new Sex Ed Law

Sex Ed in Wisconsin: New State Standards
The Healthy Youth Act, a new law passed earlier this year that the ACLU of Wisconsin supported, raises the state standards for how public schools offer human growth and development courses. Now if schools offer sex ed, it should be non-discriminatory, fact-based, age-appropriate, and comprehensive in covering the benefits and function of FDA-approved methods of birth control. The comprehensive approach to sex ed is the most effective way to teach young people the facts about human sexuality so that they can make healthy choices in their adolescence and into their adult lives.

Since the new law was passed, and in the wake of the Cedarburg School District decision to segregate "sensitive issues" by requiring parents to opt their children into a comprehensive program, opponents of the Healthy Youth Act have promoted myths about the rights of parents and schools. Cedarburg's decision has been criticized by the Milwaukee Journal Sentinel, by a physician and Cedarburg curriculum advisory committee and the District of Public Instruction.

And yet, social conservatives like op-ed writer Patrick McIlheran (in his Journal Sentinel column), GermantownNOW blogger Al Campbell and Charlie Sykes (on his October 19th show - part 3) are calling the new law an "oppressive" effort for the state to take power away from parents and school boards.

The Myth of Decreased Parental Control
First, critics suggest that parents don’t have control over their kids’ education regarding sex ed. The Healthy Youth Act continues to protect the right of parents to exempt their children from material they find objectionable. When a school district has a clear plan for human growth and development lessons, parents have the power to work with the school to make alternative arrangements. Additionally, the new law gives parents greater power in reviewing the curriculum at any time. Schools have the responsibility to ensure that exempted students have an equal, alternative assignment and do not face any grade penalty or discrimination for opting out. It is also common for parents to serve on the local school board’s curriculum advisory committees, as they do in the public meetings in Cedarburg. Parents’ rights and voices continue to be protected in the new law. But the law recognizes that young people and our state’s public health benefit when complete information about sexual health is offered to all students in our schools.

The Myth of Decreased Local Control
Critics also say that the law decreases local control over a school’s curriculum. This is hardly the case. The law raised state standards to ensure that young people receive information about reproduction and relationships that is comprehensive, fact-based and non-discriminatory. However the decision on how curriculum is designed and taught continues to rest in the hands of the instruction advisory committees and the school board members themselves. The Healthy Youth Act doesn’t require schools to teach human growth and development, but then schools would have to inform parents about the lack of education their children would receive. While evidence-based curricula packages are available to schools, the state Department of Public Instruction’s website has a toolkit that has resources for both schools and parents to teach human growth and development that works for their community. The state law outlines definitions but does not mandate a one-size-fits-all curriculum.

The Myth of Explicit Classroom Instruction
Reading opinion from social conservatives, one might think that the Healthy Youth Act is mandating that our local schools peddle pornography to children. But when the voices of criticism of comprehensive sexuality education come from radical, anti-contraception organizations like Pro-Life Wisconsin, misinformation needs to be countered with basic facts about the language of the new law.

The state law says that instruction must be “medically accurate” which means that it is based in science, approved by major medical journals and that instruction is reviewed by experts. Instruction must be “age-appropriate” or “suitable to a particular age group of pupils based on cognitive and emotional capacity.” School board members across the state might struggle with what they think age-appropriate means to them, but with puberty and adolescence come questions and young people deserve to get the facts about human sexuality.

State law does not require schools to “teach homosexuality.” The law does, however, require that instruction is free of bias against pupils of any race, gender, religion, sexual orientation, or ethnic or cultural background or against sexually active pupils or children with disabilities. In the wake of recent suicides of gay teens and the attention paid to preventing bullying and discrimination based on real or perceived sexual orientation or non-traditional gender identity, classroom time devoted to teaching respect would do all Wisconsin schools some good. Wisconsin schools that offer comprehensive sexuality education should include time for discussion on the issues faced by LGBT youth and how schools can be safe places for everyone regardless of sexual orientation or gender identity.

State law does not require schools to “teach masturbation.” No place in the law mentions the word “masturbation,” nor does it define masturbation as a normal part of a healthy human sexuality. The law does say that instruction should include information about “reproductive and sexual anatomy and physiology, including biological, psychosocial and emotional changes that accompany maturation.” When proponents of abstinence-only instruction critique a comprehensive approach, do they believe that students would have fewer questions about masturbation if they receive no answers to their questions about relationships, reproduction or contraception?

What Parents, Teachers and Youth Rights Advocates Can Do
Download our resource pages (PDF) with "Questions for Parents to Ask About Sex Education" and "Ten Ways to Work for Comprehensive Sexuality Education." Teachers and curriculum advisory committee members can visit the Department of Public Instruction's webpage on human growth curriculum for more information on how to design lesson plans that work and nondiscriminatory. The ACLU of Wisconsin also has resources to share with teachers for effective lesson plans that can meet the improved state standards for schools across the state. Email the ACLU of Wisconsin for more information.

Why Cedarburg Schools Are Out of Step with the New Sex Ed Law

The Healthy Youth Act, a new law passed earlier this year that the ACLU of Wisconsin supported, raises the state standards for how public schools offer human growth and development courses. Because of the law, what we know as sex ed should be non-discriminatory, fact-based, age-appropriate, and comprehensive in covering FDA-approved methods of birth control, their benefits and how they work. The comprehensive approach to sex ed is the most effective way to teach young people the facts about human sexuality so that they can make healthy choices in their adolescence and into their adult lives.

But this month, the Cedarburg School District sent a letter to parents that described the school’s new policy regarding human growth and development instruction. Parents will be required to fill out an opt-in form in order for their children to receive a comprehensive lesson plan about reproduction and sexual health.

This year’s plan for sex ed at Cedarburg is unlike that of other schools across the state. By separating classes for topics the school board has deemed “sensitive” – topics that would be necessary to make the curriculum comprehensive and medically accurate – the school board is evading the law by offering non-comprehensive instruction to students who have no evidence of communication from parents.

Our state legislators wrote the law with the intention that all students would be offered complete information about sexual health and relationships as a basic part of their health classes. In spite of the long-studied recommendations from the school’s curriculum advisory committee, the board’s decision is unfortunate in that it is the very lack of communication from parents that will result in less education for students who deserve to get the facts about how their bodies work and how they can protect their own reproductive health.

So to the parents of Cedarburg: please read the letter from your school about sex ed carefully. Send a note to the school office saying what you think before November 1. But most importantly, make sure your school board members know that the silence of parents should not result in less information for the students of Cedarburg. Schools should be in the business of providing young people with more education, not less.

Read the latest about how the Department of Public Instruction warned the Cedarburg school district that their plan could be challenged by civil litigation and a letter to the Milwaukee Journal Sentinel from a physician and member of the curriculum advisory committee about why the plan is non-comprehensive and bad for the students of their school district.

Download our resource pages (PDF) with "Questions for Parents to Ask About Sex Education" and "Ten Ways to Work for Comprehensive Sexuality Education."

Merrill School Board Stands Up For Healthy Youth

The American Civil Liberties Union of Wisconsin would like to send three cheers to the Merrill school board and the Mauston’s school district’s Human Growth and Development Advisory Committee for affirming that fact-based, comprehensive sexuality education should be taught in their local classrooms. The Merrill school board and Mauston’s board committee made decisions that will help young people in their district get the information and life skills they need to make healthy choices throughout their lives.

We look forward to the final approval of comprehensive sexuality education by the Mauston School District on September 20th as well as in the Wonewoc-Center, New Lisbon and Royall schools. These Juneau County schools received a memo from our legal department on Tuesday, September 7th refuting the claims by county district attorney Scott Southworth that teachers who provide a comprehensive human growth and development curriculum at their school could face prosecution.

Everyone can agree that our schools should make sure students get a quality education. After the passage of the Healthy Youth Act this year (find a PDF of the law online), schools will be held to a higher standard for helping young people get the facts about reproduction and health. This standard of instruction is important for the public health of Wisconsin communities, large and small.

Some community members in districts that are currently considering their options in regard to sex ed have expressed concerns with parts of the law that mention non-discrimination against gay, lesbian, bisexual or transgender students and the law’s inclusion of the proper use of contraception. These concerns may be based on misinformation.

The law says that instruction must be non-discriminatory: teachers who use gender-neutral language or who don’t assume that all students in their classrooms are heterosexual are better able to effectively teach everyone in their class. And the proper use of contraception isn’t like a doctor’s visit: students should have basic instruction that is right for their age, that includes why and when people use contraception, and shares the facts about how contraceptive options work.

Parents and schools should remember that opt-out provisions still exist in the Healthy Youth Act. Parents who do not want their children to learn about contraception have the right to review the curriculum and work with their school to make alternate arrangements for their student. Schools should provide an adequate alternative lesson plan that ensures that the student will be treated with equality, dignity and respect for non-participation on that day.

Schools that have not yet confirmed that they will be teaching sex ed with a comprehensive, fact-based model have until September 30th to let parents know what will be taught. The Department of Public Instruction has excellent resources for administrators and parents who want to understand what the new law means for their local schools. The ACLU of Wisconsin also has resources on our youth rights issue page for parents to learn about what questions they have the right to ask about sex ed in their schools and for individuals who want to ensure that all students have access to comprehensive sex ed.

For the most current information and media coverage of the sex ed debate in Wisconsin, follow us on Twitter.

Racial Profiling and Hip-Hop the Subject of Madison ACLU Student Alliance Event

On Thursday, April 29th, 2010, the ACLU Student Alliance sponsored an event called "Stand Up for Hip-Hop" at the Red Gym on the UW-Madison campus.


As a part of Hip-Hop As a Movement Week, the event brought attention to racial profiling in the Madison community, individual rights with law enforcement, and featured live performances from student DJs, MCs and slam poets.


J Dante was the event's host and introduced the ACLU of Wisconsin before describing for the crowd the meaning of hip-hop profiling.


"So what exactly does 'hip-hop profiling' mean you might be asking? Let me read for you a list of newspaper headlines in Madison since 2008," said Dante. "'King St. Club on Hot Seat,' 'Profiling Charged After Event Canceled,' 'MPD vs. Clubs, Hip-Hop,' 'Brink Lounge Bans Hip-Hop Shows,' 'Should Majestic Drop the DJ?'

"Local beat writer Katjusa Cisar described it as 'tension that has been building up in Madison for years.' Just type "hip-hop" and "venue" into Madison.com's search engine, set the time limit at the past ten years and hundreds of stories pop up. At the Madison Hip-Hop Forum in 2009 which looked to address many of these issues, a promoter complained about the police canceling her party at the last minute and without evidence. 'It feels like we're always being targeted,' she said.

"Things need to change in Madison. And unfortunately not much has changed since that 2009 forum. Police still watch our every move and venue owners are still just as reluctant to embrace hip-hop music," J Dante said. (Dane 101 readers might have caught The Pub's sight against hip-hop in the last ALRC rundown)

The ACLU has been involved in issues around racial profiling for years all around the country. Back in 2003, the concept of "hip-hop profiling" came to a peak in Florida, where the ACLU called for an investigation of the surveillance of rap artists who were the subject of police scrutiny for alleged associations with gang members. Anti-racist activists demanded that police start with reasonable suspicion rather than employment as a rap artists before profiling individuals.

In Wisconsin, in addition to tension around the hip-hop scene in Madison, racial profiling is being debated once again in the news and around the state. When the legislature passed its biennial budget, a provision that allows police officers to do primary seat belt enforcement (pull people over for a seat belt check) along with requiring the collection of data such as the race of the person pulled over was signed into law. Since then, the ACLU of Wisconsin and our supporters have been at public hearings for the Office of Justice Assistance to give feedback on how the data collection would work and why it would be helpful in addressing racial profiling.


What is essential for everyone in the United States and for anyone who comes in contact with law enforcement is a basic understanding of individual rights. Criminal defense attorney and ACLU of Wisconsin board president Erik Guenther talked to the group about what to do if they encounter police and what to do if they feel they were the subject of profiling at hip-hop shows or on the street. Students got a chance to ask questions about police and the criminal justice system and to share their stories about what they felt was unfair treatment or discriminatory scrutiny by law enforcement.


After the Q&A, the performers got to take over. Music was provided by DJ Dyme.


Phonetic One got the group fired up, supported by J Dante.


Polygon n Flaka Flows shared some social rhymes.


And Stereotype ended the night with a bang along with J Dante.


For more information about racial profiling issues in the Madison area, contact the local ACLU office at 6084695540. For more information on how UW-Madison students can join the ACLU Student Alliance at UW, email the group or find them on Facebook.

Schools Should Get Better Advice in Juneau County and Statewide, Says ACLU of WI

The district attorney in Juneau County, Wisconsin has made an ill-advised attack on Wisconsin’s newly passed comprehensive sexuality education law. The Healthy Youth Act raises the state standards for human growth and development curricula. But the letter from District Attorney Southworth erroneously compares teaching the facts about reproduction and contraception to the sexual assault of children. The letter says the new law exposes teachers to possible criminal liability, equates sex ed to endorsing controversial behavior (in other words, education that is non-discriminatory against LGBT students is the same as “instruction on homosexuality”), and may expose school districts to civil litigation.

ACLU of Wisconsin Responds
“District Attorney Southworth has taken it upon himself to threaten possible prosecution of public school teachers in the county if they implement the new standards that require medically accurate and age-appropriate sex education,” said ACLU of Wisconsin Executive Director Christopher Ahmuty.

“Southworth says that accurate information encourages teens to have sex, but the new law actually requires teachers to inform their students that sex with a minor is illegal,” Ahmuty said. “He apparently believes that good teaching will contribute to the delinquency of a minor. The Healthy Youth Act on the other hand recognizes that, despite the best advice of teachers and parents, some teenagers will still have sex and it is best that they have accurate information, rather than unreliable information from peers or the internet. ”

The Juneau County district attorney was quoted in newspaper articles that the new law is a “sick and shameful piece of legislation.” He also stated that the letter is simply a legal opinion to school districts. But the statement on his office’s letterhead is just that: a politically biased opinion. School leaders who seek more neutral legal advice on how to implement the new standards will learn that schools across the state of Wisconsin that already teach comprehensive sexuality education are not being charged with contributing to the delinquency of minors. The Wisconsin State Department of Public Education has issued a toolkit to help schools implement the new standards.

“School districts in Juneau County will be wiser if they listen to the guidance coming from the Department of Public Instruction on the new law and to their own teachers, principals, advisory councils and school attorneys,” said Ahmuty. “Parents may continue under the new law to withdraw their children from sex education.” Also under the law, schools are required to send a notice to parents if they decide not to teach human growth and development.

Media Coverage
The story hit the Associated Press wires across the state and included quotations from Pro-Life Wisconsin and Planned Parenthood. Articles were also featured in Wisconsin State Journal, the Milwaukee Journal Sentinel, the CNN news blog, and Channel 3000 in Madison ran an interview with the DA this morning.

The blogosphere is likely to run with the story on both the pro and the con side: One Wisconsin Now featured a New Glarus blogger’s take: she writes, “According to a district attorney in northern Wisconsin, to teach a kid how to use a condom equates sexually assaulting said kid. I can’t even believe I typed that sentence, it’s so insane.” Another speechless blogger commented on the story on the Salon.com's Broadsheet feminist blog.

Funding Available
And finally, as schools decry the lack of funding for public education and as Wisconsin residents watched yesterday's election results that included many failed referenda for increasing school spending beyond local revenue caps, it is worth pointing out that the language of the law begins with the encouragement for Wisconsin to "apply for federal funds allocated to evidence-based teen pregnancy prevention programs that have been proven through rigorous evaluation to delay sexual activity, increase contraceptive use, and reduce teen pregnancy." The Obama administration's Office of Adolescent Health just issued their call for proposals from schools to get federal funds for real sex ed.

If school leaders have questions on how to implement the new law, they should contact the Department of Public Instruction directly for answers to their questions, resources for parents, appropriate curricula suggestions and information on the studies that show how comprehensive sexuality education works to decrease teen pregnancy and sexually transmitted infection rates.

News roundup: Grothman not a fan of sex ed, medical marijuana in Berlin (WI), spying on abortion activists and more...

Here is some news you might have missed..

We got coverage on Milwaukee's TMJ4 on the ACLU's opposition to an effort by lawmakers to bar public disclosure of 911 calls. "The public deserves to get all the information with very limited exceptions," said Christopher Ahmuty of the American Civil Liberties Union of Wisconsin. "Those exceptions should be done on the basis of a balancing test that's in the current law now."

Senator Glenn Grothman was a bit hit in the blogosphere when he said in a Cap Times interview that he didn't approve of the comprehensive sex ed bill that's headed to the Governor's desk on Wednesday. It might have been his comments about how teasing feminine boys was normal at his high school that even got the attention of Perez Hilton. Note to all Wisconsin state legislators: bullying or discriminating against gay youth is NOT okay. (But it is okay to give the ACLU a shout out in Glee!)

Did you see the coverage of the medical marijuana advocacy event in Berlin, WI? Central Wisconsin folks asked if their medicine was legal yet. Another lobby day is scheduled at the Capitol on Wednesday. Contact IMMLY for details.

Madison city council alders are considering a parental responsibility law. The proposal is being pushed by the same folks who tried to keep kids inside earlier at last year's curfew ordinance that the ACLU of Wisconsin helped to defeat. If you are a single mom who works three jobs to scrape by and your youngster gets a ticket for disorderly conduct at the bus transfer point, will you have time to go to court to deal with the fine in your name?

Speaking of Madisonians with limited income, we've been observing the housing issue around Shorewood Hills and the proposal to replace the nearly vacant Pyare Square building. Some residents of the affluent neighborhood complained about a large apartment complex that housed limited-income families, but developers tried to quell their fears by making the complex for seniors. Finally the whole project was scrapped due to the height of the building design. Whenever there are concerns about building affordable housing, our ears prick up mostly because of fights like what happened in South Milwaukee with the Lake Point Apartments.

Remember the dust up over anti-Hmong comments by a UW law professor? The dust hasn't completely settled. Madison Hmong community leader is still asking questions about the Hmong studies program that was promised to be added to the university offerings.

The news broke that Homeland Security was working with Middleton police last year to spy on anti-abortion activists who were planning a big rally that would no doubt overwhelm the police resources. The news said that DHS investigated both prochoice and anti-abortion activists, but we haven't heard from prochoicers about alleged probes. We're a prochoice organization, but DHS can't spy on activists. Period. Only when there is probable cause (i.e. evidence that's more than a hunch that a crime will be committed) can an investigation legally be started. The feds admitted wrongly investigating the activists, but Middleton police aren't turning over records and feds say they deleted copies of the assessment. Sorry Michele Malkin, we do care when government spies on First Amendment protected activity.

The ACLU's Bill of Rights Celebration is tomorrow! Twitter fan? @ACLUofWisconsin and @ACLUMadison will be live tweeting at the #BORC event! Follow us to hear more from blogger journalist @anamariecox!

Big Brother Honadel’s Call to Fingerprint Poor Children Gives Businessmen a Bad Name

Today State Representative Mark Honadel (R-South Milwaukee) sent out a media release announcing his plan to introduce legislation to require fingerprinting of poor children in the Wisconsin Shares day care program every day at check-in and check-out. The American Civil Liberties Union of Wisconsin opposes treating our children – including poor children -- like parts at an auto supply store or boxes of cereal at a grocery store. ACLU of Wisconsin Executive Director, Chris Ahmuty said today that, “the children in the Wisconsin Shares program, many infants under age one, are not inventory.”

Ahmuty went on to ask what Rep. Honadel would have poor parents say to their youngsters when they discover that more well-to-do children are not fingerprinted.

Rep. Honadel has criticized the Wisconsin Department of Children and Families for not adopting an automated attendance system at day care centers more quickly. He told the Milwaukee Journal Sentinel, “As a businessman I could make this happen in a couple of months.”

“Technology can be an important tool for government, just like it can for businessmen such as Rep. Honadel,” Ahmuty said, “But just because a technology exists does not mean that we should ignore our values. Unlike businessmen, like Rep. Honadel, government must operate within the limits proscribed by our Constitution and the Bill of Rights, which protect Wisconsin residents from government abuse and safeguard their privacy. Fortunately, the Department of Children and Families, thus far, is being more deliberative and compassionate than Rep. Honadel.”

This issue got some news coverage on Green Bay radio station WTAQ’s website, as well as Milwaukee radio station WTMJ’s website.

The ACLU of Wisconsin will continue to monitor changes to the Wisconsin Shares program to ensure that state actions protect the rights of poor children and families. Read more about the work the ACLU is doing nationally on technology and liberty.

ACLU of Wisconsin Applauds the Passage of the Healthy Youth Act

The ACLU of Wisconsin applauds the passage of the Healthy Youth Act, the legislation that will raise state standards for public school human growth and development instruction. The Healthy Youth Act will give Wisconsin teens the tools they need to make healthy and responsible life decisions by providing comprehensive sexuality education that is age appropriate and medically accurate.

“Our state legislators looked at the facts about current teen pregnancy and sexually transmitted infection rates in Wisconsin and took action in support of educating students,” said ACLU of Wisconsin Community Advocate Stacy Harbaugh. “Armed with the facts about reproduction and how to protect themselves from risk, the Healthy Youth Act will help young people make healthier choices."

The Healthy Youth Act will better honor equal protection, free speech and freedom of religion in our public schools. Students have the right to ask their teachers questions about reproduction and teachers should be able to answer them with age appropriate facts. Human growth and development curriculum on relationships and reproduction should recognize equality in gender and sexual orientation. Our schools should also respect religious diversity and this legislation ensures that curriculum will not promote a bias against religion. All parents will have the right to inspect teaching materials at any time and will continue to be able to take their children out of portions of the curriculum with which they disagree.

Comprehensive sexuality education enjoys a broad base of support including major medical organizations such as the American Medical Association, the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, the Society of Adolescent Medicine, the American Nurses Association, the American Public Health Association, and the Institute of Medicine. Comprehensive sex education is also supported by major educational organizations including the American Federation of Teachers, the National Education Association, and the National School Boards Association. More than 85 percent of Americans support school-based sexuality education programs that teach students how to use and where to get contraceptives.

The ACLU of Wisconsin has approximately 8,000 members who support its efforts to defend the civil liberties and civil rights of all Wisconsin residents. For more on the work of the ACLU of Wisconsin, visit our webpage. Find us on Facebook and Twitter at ACLUMadison and ACLUofWisconsin. Join the ACLU of Wisconsin today and help us fight for civil liberties in Wisconsin.

Healthy Youth Act Passes the State Senate on Party-Line Vote

The Healthy Youth Act has passed the state Senate! Raising the state standards on human growth and development curriculum to be more comprehensive and fact-based is one step closer to law in Wisconsin.

On an 18 to 15 party-line vote, the Senate passed a bill that is very similar to the Assembly version. A unanimous amendment added language that would teach students about statutory rape laws and sex offenses. The bill will go back to the Assembly for a vote and then on to the Governor to sign.

The Healthy Youth Alliance, a coalition of individuals and organizations including the ACLU of Wisconsin, encourages voters to contact their Senators to comment on how they voted.

Ayes:
Carpenter, Coggs, Erpenbach, Hansen, Holperin, Jauch, Kreitlow, Lassa, Lehman, Miller, Plale, Risser, Robson, Sullivan, Taylor, Vinehout, Wirch

Nays:
Cowles, Darling, Ellis, Fitzgerald, Grothman, Harsdorf, Hopper, Kanavas, Kapanke, Kedzie, Lasee, Lazich, Leibham, Olsen, Schultz

The Healthy Youth Alliance maintains that the Healthy Youth Act is a commonsense measure to improve the health of young people throughout Wisconsin. The bill requires Wisconsin schools that choose to teach sex education provide students with comprehensive information about healthy relationships and preventing unintended pregnancy and STDs.

If schools teach sex education, it must include medically accurate and age-appropriate information about abstinence, birth control and barrier methods to prevent unintended pregnancy and STDs. They must also teach teens about the life skills they need to say no to sex, to insist on contraception, and to communicate with parents and other trusted adults about these issues.

Thanks to all the ACLU members and supporters who called in with their support! Stay tuned to Cap City Liberty or to our Twitterfeed for more action alerts on civil liberties related issues in Wisconsin.

Action Alert: Call Your State Senator NOW and Say YES to the Healthy Youth Act!

Take action today in support of the Healthy Youth Act! The comprehensive sexuality education bill is scheduled to be voted on by the state Senate Thursday/tomorrow which is the last step before it is signed into law by the Governor!

Tweet this alert or put it in your Facebook status update: Call your Wisconsin State Senator NOW and say YES to the Healthy Youth Act http://bit.ly/9IQXBz

FAQ:
Where do I call?
The hotline to contact your state Senator is 1-800-362-9472. The hotline is open during regular business hours. You can also find your Senator's contact information on-line.

Who is my state Senator?
Look up your Senate rep on-line with your address.

What do I say?
Tell your Senator that you support the Healthy Youth Act (SB 324), which would raise the state standards on human growth and development classes in our schools.
***Remember to leave your name and address so they know you are a constituent.
***You can read more about what the ACLU of Wisconsin said about the bill on our blog.

Why now?
By a 4 to 3 vote, the Senate Education Committee passed the Healthy Youth Act (AB 458 version) this morning. This excellent news means that the bill is scheduled for a full floor vote in the Senate tomorrow (Thursday, 1/28). The state Assembly already debated and passed their version - the Senate will take it up for debate and if passed is expected to be signed into law by Governor Doyle.

Read more on the increase in sexually transmitted disease and infection rates in Wisconsin, especially among teens.

Race-Based Mascots Ban Gets State Senate Hearing

The Wisconsin Senate Education Committee is about to start their hearing today on a bill that would improve the discrimination complaint process communities can have to challenge the use of race-based mascots. The ACLU of Wisconsin will be there to submit testimony on why we oppose the use of race-based logos, mascots and nicknames in public schools. We will also be tweeting live from the hearing: follow the updates at ACLUMadison on Twitter.com.

We've blogged before about the race-based mascot bill when it got a hearing in the state Assembly committee last year. Nearly 40 public school districts across Wisconsin continue to use logos for their sports teams that are based on race or ethnicity. Nicknames, like Chiefs or Chieftains, Indians, Red Raiders, Redman, and Warhawks, and school-approved mascots and logos have been a common feature at sporting and pep events attended by generations of enthusiastic students. However, the use of discriminatory mascots should be challenged.
The ACLU of Wisconsin points out that:

1. All public schools in Wisconsin are required to provide all students with an adequate, nondiscriminatory education. Race-based nicknames, logos and mascots are inherently discriminatory and shouldn’t be endorsed by a public school.

2. There should be a fair and adequate process for the Department of Public Instruction to review complaints from community members about race-based mascots. As the use of race-based mascots is government speech (not individual speech), the First Amendment does not apply. The government is responsible for addressing discriminatory practices such as the use of race-based mascots and the Department of Public Instruction is the appropriate agency to mediate local conflict resolution.

3. Having schools with mascots that are not based in racial or ethnic stereotypes will not only end this particular discriminatory practice, but will be a positive step toward equality and an embrace of good sportsmanship, respect for others and fair play.

For these reasons the ACLU of Wisconsin supports SB 25 on race-based nicknames, mascots and logos and encourages the Senate Education Committee to support this bill. Ending the use of race-based mascots won’t end all discrimination in our public schools, but it is an important step forward.

You can read the bill online (SB 25).

Cap Times: Sexually Transmitted Disease Rates Spike, Education Needed

On January 5, 2010, the Capitol Times ran a story on the epidemic rates of sexually transmitted disease and infection in Wisconsin. The article offers explanations for why STIs are spiking, especially among teens, and it looks at the cultural clash between pro-education and abstinence-only proponents.

The numbers are shocking. The article states that:

“One in four teenage girls in the U.S. has an STD, according to the Centers for Disease Control. In Wisconsin, the rate of four of the most commonly reported STDs among teens jumped 53 percent between 1997 and 2007. Females and minorities, especially African-Americans, have been hit hard. And these are numbers that have been reported; actual cases may be much higher. But it remains a hidden epidemic, not just because many STDs have no symptoms, but because of the stigma and politics that complicate efforts to fight them.”

It isn’t a coincidence that this spike in STI rates neatly matches the increase in federal funding for abstinence-only education in public schools. In 1996, Title V of the Welfare Reform Act (called the Temporary Assistance for Needy Families, or TANF) set aside federal matching funds for states – schools could get much needed funds, but they had to teach abstinence rather than comprehensive sexuality education. No education equals no tools to understand how pregnancy works and how STIs are spread. In Wisconsin, Governor Doyle rejected abstinence-only money, but our public schools still aren’t treating education about STIs as a core public health need.

But with a new Obama administration, help is on the way. Last month, Congress approved the Consolidated Appropriations Act of 2010. In signing this bill, President Obama will eliminate funding for existing abstinence-only programs, fund comprehensive sex ed, and even establish and fund the Office of Adolescent Health (OAH) within Health and Human Services (HHS) which will treat sex ed as a part of protecting our nation’s public health.

This long-awaited step will be the nail in the coffin of abstinence-only: its ineffective withholding of truth to young people, its wasted tax-payer money, its thinly-veiled religious indoctrination in our public schools and its sexist reliance on ancient gender stereotypes. Proponents of abstinence-only education are going to fight back against this defeat with a vengeance, but Wisconsin is set to battle ignorance with education. It’s called the Healthy Youth Act. It would raise state standards for sex ed to be complete, medically accurate, peer-reviewed and age-appropriate. And it will finally be federally funded. Now is the time for Wisconsin legislators to pass this bill.

This crisis of teen reproductive health is huge. It’s cultural. It’s financial. It’s systemic. But any public health care worker will tell you that for all the talk about health care reform and tax-dollar funded Medicaid programs, the first step in having healthy teens and a healthier country is education. Tell our state legislators to pass the Healthy Youth Act immediately in 2010.

Take action on the Healthy Youth Act! Planned Parenthood Advocates of Wisconsin have set up a web page with details on the bill, tools to contact your legislator, and write a letter to the editor. Please take action on this issue today.

We blogged about the Healthy Youth Act on World AIDS Day, after the state Assembly passed the bill, and when the bill was first introduced.

Public School Legislative Action Needed Now!

On January 6, 2010 the ACLU of Wisconsin’s executive director Christopher Ahmuty sent the following statement to members of the Wisconsin Legislature and Milwaukee Mayor Tom Barrett. He urged them to move beyond a perceived impasse on legislation to aid the Milwaukee Public Schools. Ahmuty’s statement:

"Some media, including the Milwaukee Journal Sentinel and Wispolitics.com, report that after a January 5th marathon hearing on Milwaukee Public Schools, the Wisconsin Legislature is unlikely to come up with a fix for the district’s woes any time soon. As someone who attended the hearing for eight hours, I believe the media reports misrepresent the current situation.

"While the prospect of a mayoral takeover of MPS should be dead, that doesn’t mean that the Milwaukee Mayor Tom Barrett and legislative leaders can’t or won’t display the kind of leadership on education that both opponents and proponents of mayoral control would welcome. Mayor Barrett, in particular, can still deliver for MPS and parents and students across Wisconsin by agreeing to legislation that would address the core issues we all face.

"The school funding formula adopted by the Legislature in 1992 is a shambles and needs to be replaced. Public schools need the resources to provide an adequate education to their students. Different districts have different needs. Poor rural and urban districts (including Beloit and Racine as well as Milwaukee) have challenges that wealthier districts do not face. A new formula can help districts with concentrations of poor students, English language learners, and special needs without harming districts with more advantaged students. A good way to enhance Governor Doyle legacy on educational issues might be to revisit the 2004 recommendations of Doyle’s Task Force on Educational Excellence for additional measures that would help districts across the state.

"A proposal by State Senator Spencer Coggs and State Representative Tamara Grigsby could be modified to include provisions on funding that will help districts statewide, not just Milwaukee. Barrett and legislative leaders could be statesmen, if Barrett recognizes the needs of districts statewide, just as legislators must now recognize the urgent needs of MPS, not for control, but for support from all segments of the public and all parts of Wisconsin."

You can read the ACLU's testimony from the hearing (PDF) or read our press release (PDF) on-line.

We've blogged before about the reasons why the Mayor shouldn't take over the Milwaukee Public Schools. We also tweeted live from yesterday's hearing.

The ACLU of Wisconsin was quoted on the subject in OnMilwaukee. Coverage of the hearing and the mayoral takeover issue also included Milwaukee Public Radio, TMJ4, WisPolitics, the Milwaukee Business Journal, the Milwaukee Journal Sentinel, WISN, the La Crosse Tribune, and got a mention on Madison's Channel 3000.

No to Mayoral Takeover of Milwaukee Public Schools - Hearing Today

We've blogged before on why the Milwaukee Mayor should not take over the Milwaukee Public Schools. Today a hearing is being held at the MPS headquarters to get public comment on this issue and ACLU supporters will be there to voice their concerns.

You can follow the live Twitter posts from the ACLU. Follow ACLUofWisconsin on Twitter today.

According to ACLU Executive Director Chris Ahmuty, the proposal to give MPS governance to the mayor is just another scheme that won’t remedy Wisconsin’s failure to provide an adequate education to far too many of Milwaukee’s children.

Rather than spending time and effort to push through a controversial takeover program, the governor, mayor and state legislators need to comply with the state Constitutional obligation to ensure that all Milwaukee children have the opportunity to obtain a meaningful, adequate education.

Persons who are genuinely concerned about student performance need to evaluate what programs and services help students succeed, and what special programs and services are needed for children living in neighborhoods of concentrated poverty, limited English proficient children, and children with disabilities - and then ensure that MPS has the resources to implement those programs.

They also must address the reality that thousands of Milwaukee children attend taxpayer-supported private voucher schools – most of which perform no better than MPS. Yet neither the takeover proposal nor any other plan has been offered to improve education for those 21,000 Milwaukee children.

The primary constitutional responsibility for the education of Milwaukee’s children rests with the State of Wisconsin. The state needs to put adequate resources into the public school system to provide the educational services and supports those children need. It needs to ensure that the per-pupil funding for Milwaukee Public Schools students is at least comparable to that of suburban districts. It needs to phase out voucher and charter schools that are not performing, and impose the same accountability requirements on any schools that remain. Those are the reforms that will help Milwaukee students succeed.

Youth Social Justice Forum 2009 Teaches Students About Rights and Liberties

The UW-Milwaukee ACLU Student Alliance and the ACLU of Wisconsin proudly joined campus and community partners in organizing our 10th Annual Youth Social Justice Forum. Held on November 6th, the University of Wisconsin Milwaukee campus was the perfect venue to bring together area high school students to celebrate and learn about their rights, as well as protecting their liberties.

Each year hundreds of Milwaukee area youth come to participate in workshops run by dedicated volunteers and ACLU of Wisconsin staff, and this year was no different. There were over 350 high school students and UWM and community volunteers.

Thanks to the Milwaukee Election Commission , participants had a lively debate about the control of MPS and held an election using real voting machines and booths to express their opinion. The election was overwhelmingly in favor of maintaining the school board without mayoral control.

Offering unique perspectives, workshop facilitators helped students develop creative ways to participate in the civic dialogue that is the bedrock of America and our Constitution. Workshops included: Creating Audio PSA's; Know Your Rights; Graffiti Art for Social Justice; Introduction to Youth Organizing; Poetry, Politics and Power; Student Privacy; Political Activist T-Shirt Making; LGBTQ and You; Political Cartooning and Art.

Urban Underground continued their multi-year legacy of providing quality support and vital workshops about youth rights and individuals rights during police encounters. Art Night Books and the Social Development Commission, as well as several new partners including TRUE Skool and 88.9 Radio Milwaukee. Kid Cut Up http://www.myspace.com/kidcutup , a long time friend of TRUE Skool volunteered his DJ skills for the event. Multi-talented MIAD Junior, Jasmine Barmore, created the powerful graphics for the t-shirts and books.

See some amazing photos in this gallery, created by gifted photographer John Jay Ward.

Contact us if you're interested in having your school attend next year, or if you would like to receive a Youth Social Justice Forum t-shirt or book.

DREAM Act event in Madison

Community event in Madison on the federal version of what was passed at the state level during the state budget negotiations...

National Day of Action in support of the DREAM Act

Wednesday, September 23, 4:30 - 7:30 p.m.
Centro Hispano, 810 W. Badger Rd. Madison

4:30 – 6:30pm Workshops: the Artz, DREAM Act 101
6:30 – 7:00pm Open Mic, DJ, y Music from Son Mudanza

*the event is free
*there will be food too!
The DREAM Act is a piece of legislation that would create a path to legal status through college education or military service for undocumented youth who have been in this country since an early age. On September 23rd, thousands of students all over the country will rise together and declare that it is Back to School DREAM ACT Day of Action! Here in Madison Alcance, MEChA and Voces de la Frontera invite you to join us at Centro Hispano to learn more about the DREAM Act (and instate tuition) and have fun as well!

Find the event on Facebook.

For more info contact Jannet Arenas: jannet328@hotmail.com (608)333-3515