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5 May 2023
WICHITA, Kan. (KSNW) — Wichita Public Schools USD 259 is part of an investigation by the Department of Justice (DOJ).
The investigation was brought up at contract negotiations between United Teachers of Wichita (UTW) and USD 259 Thursday. The DOJ has not responded to multiple requests from KSN for comment on the investigation.
“One of the subjects of the DOJ investigation is whether classroom discipline in all instances is being administered fairly,” said Susan Arensman, News and Media Relations Manager for USD 259, in an email to KSN.
Arensman previously told KSN via email, “A number of large districts across the country are involved. This is part of a larger effort and not specific to Wichita Public Schools. We have been cooperating with the DOJ and have been collecting information for this investigation for over a year.”
At Thursday’s negotiations, Union and District representatives discussed policies regarding the “pupil control” portion of the contract, specifically removing and readmitting a student from the classroom.
The 2022-2023 contract reads: “When, in the judgment of a teacher, a pupil is substantially disrupting the instructional program to the detriment of other pupils, the teacher may remove the pupil from his/her class. The teacher will instruct the pupil to report immediately to the appropriate supervisor or administrator. Following the decision to remove the pupil, the teacher will advise the principal of the action and will, as soon as possible, furnish full particulars. Appropriate written records of such removals shall be maintained by the principal and teacher and shall be available to the parties upon request.”
The current policy on readmitting the student to class reads: “A pupil shall not be readmitted into any class instructed by the teacher who removed the pupil during the half-day in which the pupil was removed unless there is mutual agreement between the teacher and the principal.”
The district is proposing that the decision to bring the student back to the classroom should be up to the principal.
“They would like make it the principal’s discretion and take that right away from the teacher to have that input of the half day, so that is something that we have talked a lot about,” said Katie Warren, President of United Teachers of Wichita. “They are concerned about special education students getting their minutes if they are removed for that half day. So we are trying to work through that concern but also make sure that if there is a disruptive student that they are not brought back too early to the learning environment and that the class is back learning and that everybody is ready to learn.”
During the negotiations Thursday, there were multiple questions about that contract language.
“The board wants that language changed to ensure compliance with law,” said Daniel Lawrence, USD 259 Chief Legal Counsel. “One of the ways that it could be out of compliance with law is if a student is removed and that amounts to a suspension and a suspension would violate law. I guess that is what I can tell you.”
Lawrence referred KSN to Arensman for further questions after negotiations Thursday morning. She clarified to KSN via email: “The law we are referring to is the primarily federal and state law concerning special education and duties teachers owe to disabled students, as well as state and federal law intended to ensure that teachers make fair and appropriate decisions regarding classroom discipline.”
KSN did request an on-camera interview with USD 259 after the negotiations, to clarify the discussion over the contract negotiation and the DOJ investigation.
“Since we are in the middle of teacher contract negotiations, and as we are fully cooperating with the ongoing inquiry with the Department of Justice, we are not going to comment on camera,” said Arensman. “One of the pillars of our Strategic Plan is ‘Schools are Trusted as Safe Places,’ and we want to ensure that for all students. One of the subjects of the DOJ investigation is whether classroom discipline in all instances is being administered fairly.”
No decisions were made during negotiations Thursday. Negotiations resume on Wednesday.