Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Friday, July 13, 2007

Catholic Schools & Children with Disabilities

My colleague, Elizabeth Brown, brought this to my attention.

The USCCB did a study in Nov. 2002 on this issue.  It can be found here:  http://www.usccb.org/education/fedasst/ideafinal.pdf

The study found that only 6.83% of the students in Catholic Schools had disabilities compared with the 11.4% of students in public schools. In addition, 87% of the dioceses reported that they were unable to enroll children with disabilities because they lacked the capacity to meet their special needs.
The study did discuss some of the problems that parents and Catholic schools encountered when trying to get children enrolled in Catholic schools their share of IDEA funds.
I'm travelling right now, and have only a very creaky internet connection making it very difficult to access the USCCB report.  While I do have much sympathy for the budget constraints under which all schools, including Catholic schools, operate, I just find some of these budgetary arguments for not accepting kids with disabilities by Catholic schools less than compelling.  The lack of federal funding for the IDEA mandate that I discussed in my last post means that these same constraints affect public schools, as well.  Public schools have a federal mandate to find some way to accommodate kids with disabilities, anyway.  Catholic schools don't have that federal mandate, it's true, but it seems to me they do operate under the mandate of an even higher authority.  That authority tells us we parents are responsible for raising all the children we are given, no matter what sorts of disability they might have.  Why doesn't that authority give the same message of joint responsibility to our parish communities?

Thursday, July 12, 2007

Catholics and the Iraq War

                                    


                                          
Speak Now to End the War in Iraq    

Dear Friend,

Four years into the Iraq War, Catholics from across our nation are finally coming together to say, "Enough!" And to get this message to those lawmakers who need to hear it most, Catholics United, Pax Christi USA and NETWORK, A National Catholic Social Justice Lobby have launched a collaborative petition drive called Catholics for an End to the War in Iraq.    

Click here to add your voice to the growing number of Catholics
    calling for a responsible end to the war in Iraq

The time to act is now: Congress is currently debating whether or not to send President Bush a definitive plan to end U.S. military operations in Iraq.  We must insist that our lawmakers use this opportunity to legislate a solution to the Iraq War that includes diplomacy, redevelopment, and responsible withdrawal of  U.S. troops.

Why is our voice important? Because Catholics account for more than 1 in 4 voters nationwide, and our lawmakers know that Catholics will push for action on Iraq. By signing this petition, you help remind our policymakers that anything short of immediate action on this issue will come as a slap in the face to     the millions of U.S. Catholics who are fed up with the present "stay the course" Iraw policy.

Click here to add your voice to the growing number of Catholics
    calling for a responsible end to the war in Iraq

Time is of the essence.  Catholics for an End to the War in Iraq needs to show the world that our voice is a force to be reckoned with by gathering 20,000 names between now and September 1st. Help us reach this goal by signing the petition and encouraging your friends and family to do the same. Once we reach our goal of 20,000, we will hand deliver the petition to our Congressional leaders in Washington.    

As a Catholic, will you join the growing chorus of voices
    calling for a responsible end to the war in Iraq?

Our Catholic voice matters and our faith calls us to use it. Send our lawmakers a clear message that Catholics want a new plan for Iraq.

Sign the petition today at www.catholicsforanend.org.

In peace,    

Simone, Dave, Krista, James, and Chris
The Catholics for an End to the War in Iraq Team

www.catholicsforanend.org

Urban Schools, Catholic Schools, & Special Ed.

In response to both Rob and Rick, let me start by conceding that this topic taps into a couple of my personally most deeply-felt frustrations over unfairnesses in the world that I just have no idea how to address.  So I'm not sure I'm an especially good debate partner on this -- I'm not very objective and I haven't yet figured out for myself what I think the solutions might be.

My post conflated two different sources of that frustration.  First is the unfairness of the inequities in our public school systems. Kids with special needs just bear the heaviest brunt of that unfairness.    IDEA is one of the largest unfunded mandates that the federal government has ever imposed.  When IDEA was passed in 1975 it was supposed to be funded 40% by the federal government. I think the highest amount of federal funding that it's ever gotten was 20%, and it's a struggle every year to get even that much.  That leaves local school districts with special ed budgets that are growing every year.  The inner-city schools that have the fewest resources generally obviously have the fewest resources for their kids with special needs, too.  And their parents have the fewest alternatives for placing their kids in more appropriate settings, because private schools are NOT obliged to take kids with special needs; IDEA doesn't apply to them. 

The kids with special needs living in really poor, urban school districts are burdened with the consequences of their poverty in a particulary dramatic way, because they really have no options.  Their parents don't have the luxury of moving to suburban districts with more generous programs.  The private schools that might provide scholarships to some lower-income kids don't have to take kids with special needs. 

Which brings me to my second sources of frustration -- the unwillingness of most Catholic schools in my experience (and based on truly LOTS of anectodal evidence over the years from other parents) to voluntarily take students of kids with special needs.  I actually incline more toward agreeing with Rick than Rob about the importance of Catholic schools, but not so much for what they do or do not do to immerse our own kids into a vibrant faith life from an early age, but rather in the (maybe naive) notion that Catholic schools might provide a great alternative to public schools in the poorer school districts.  But they typically seem to choose NOT to embrace as part of their mission or community kids with special needs.  And, no, Rob, I really don't think this is simply a question of resources -- it's so much more a question of will, imagination, and flexibility.  School funding & special ed is really complicated & varies in different states, but in both the states where I have lived with a kid with special needs -- Indiana and Minnesota -- the school district continues to provide services like therapies & things, even to the kids in Catholic schools - you just have to find a way to transport the child to the public school facility to get those services.  But if your Catholic school doesn't signal a willingness to reach out and engage in some dialogue about what accommodating your child might really entail, you'll never get a chance to explore those possibilities.

The refusal of a local parish to even seriously consider educating a child with special needs feels like a particular betrayal to Catholic parents with such kids.  I never even tried to enroll my son with special needs in a local Catholic school, but I did experience that rejection (and the real feeling of betrayal that accompanied it) and a couple of different parishes in just trying to enroll him in the religious education programs.  As a Catholic parent, you just assume that the one place you're not going to have to fight for your child is going to be your church.  It really hits you hard in the gut when you realize you're going to have to have the same sorts of meetings with your parish priest that you've had with your local public school principals, just to remind them that your kids are just as much members of the parish, and thus the responsibility of the community, as all the other kids.  It's enough to cause many parents to leave the Catholic church.  The Protestant churches seem to be much better at really reaching out to people with disabilities than the Catholic church.  I will admit to feeling my first-ever pangs of curiosity about whether I could leave my parish when I visited a Protestant mega-church in the area a few months ago, and on the racks in back of the church saw a glossy brochure about all the programs for people with disability offered by that Congregation.

Leveling the Praying Field

Time magazine has an interesting article on the Democrats' rediscovery of religious voters.  Here's an excerpt:

The Democrats are so fired up, you could call them the new Moral Majority. This time, however, the emphasis is as much on the majority as on the morality as they try to frame a message in terms of broadly shared values that don't alarm members of minority religions or secular voters. It has become an article of faith among party leaders that it was sheer strategic stupidity to cede the values debate to Republicans for so long; that most people want to reduce abortion but not criminalize it, protect the earth instead of the auto industry, raise up the least among us; and that a lot of voters care as much about the candidates' principles as about their policies. "What we're seeing," says strategist Mike McCurry, "is a Great Awakening in the Democratic Party."

The revival comes at a time when the entire religious-political landscape is changing shape. A new generation of evangelical leaders is rejecting old labels; now an alliance of religious activists that runs from the crunchy left across to the National Association of Evangelicals has called for action to address global warming, citing the biblical imperative of caring for creation. Mainline, evangelical and Roman Catholic organizations have united to push for immigration reform. The possibility that there is common ground to be colonized by those willing to look for it offers a tantalizing prospect of alliances to come, but only if Democrats can overcome concerns within their party. "One-third gets it," says a Democratic values pioneer, talking about the rank and file. "A second third understands that this can help us win. And another third is positively terrified."

The Lifeboat Hypothetical

Professor Eric Rasmusen is inviting discussion on this "lifeboat hypothetical":

A lifeboat will hold 5 people without sinking in the next storm (an inevitable one), but 6 are in it. All will die unless one is thrown out.

1. Should law and morals allow one person to voluntarily and unilaterally jump overboard and die?

2. Should they be allowed to agree unanimously to draw straws and use a gun to kill one person? (kill, because after he finds he has the short straw he changes his mind)

3. Suppose we know they would all have agreed, but they don’t actually have the discussion. Instead, one of them, a very honest person, draws a straw for each of them. If he had the short straw, he would have killed himself, but he is lucky and Sam has the short straw. He then shoots Sam with the gun and they thrown Sam overboard. Is that OK?

4. Suppose they have a discussion, and they and we know that everyone *would* agree to the scheme if it was a choice between all 6 drawing straws and all of them dying. Sam, however, says: “I won’t agree. I know that even if I hold out, the other 5 of you will do a 5-straw scheme and one of you will go overboard and the rest of us will be saved. So I’m opting out.” Is it OK to include him in the straw scheme anyway, against his will?

5. Suppose that they have a discussion and Sam sincerely says he is opting out because even if his opting out would sink the boat, he doesn’t want to have any chance of being thrown overboard now instead of dying in 30 minutes when the storm hits. And in fact if he doesn’t agree, the resulting bickering will prevent even a 5-straw scheme. Is it OK to include him in the straw scheme anyway, against his will?

Thoughts?  (My quick-take is to say "yes" or "maybe" to (1), but "no" to (2)-(5).)

What does Amnesty International stand for?

Ryan Anderson, in The Weekly Standard, has a piece criticizing Amnesty International's new policy with respect to abortion rights.  Here's a bit:

But even people who differ on these issues can see why Amnesty International's advocacy of abortion is a mistake. It severely weakens its ability to form broad coalitions of human-rights defenders. It makes Amnesty International indistinguishable from all the other standard-issue leftist organizations that cluster around international affairs. Worst of all, it will have disastrous consequences for relations with religious believers--especially Catholics--who will be forced to distance themselves from the organization's other work.

In fact, the Church has already responded. Soon after I publicized the new abortion policy on the First Things website, the news reached the Vatican's Pontifical Council for Justice and Peace. In an interview with the National Catholic Register, the Council's president, Renato Cardinal Martino, said that "individuals and Catholic organizations must withdraw their support," since "by pushing for the decriminalization of abortion as part of their platform, Amnesty International has disqualified itself as a defender of human rights."

Are Catholics too "gregarious"?

Urban-law uber-scholar Nicole Stelle Garnett passes on the following -- which seems relevant to our discussion about cities, law, and the Faith -- from Benjamin Clarke Marsh's An Introduction to City Planning (1909).  (Marsh organized the first American conference on city planning; he was a New York land reformer and early proponent of zoning.)  According to Marsh, planning was a necessary response to urban "congestion", which itself had the following causes:  (1)  Transportation; (2) The growth of commerce; (3) Economic in Manufacturing and Business; (4) Immigration; and (5) Gregariousness.  With respect to (5), he wrote:

This has been a most important factor, particularly in a county which as received so many millions of foreigners iwithin the past few decades.  This quality, however, is not peculiar to the immigrant and although it may be regarded as a serious lapse of the pristine vigor of our people, who used to prefer the hapzards of frontier life to the pleasures and excitements of concentrated populations, nevertheless it must be reckoned as a serious and perpetual factor in social organization.

Da** those gregarious Catholic immigrants.  =-)

City and Suburb: Neighborhood Communities and Governmental Responsiveness

During my adult life, I've lived in cities on both coasts and in suburbs, both inner ring and farther out. While I speak here only from my own personal experience (a dangerous detour into anecdotal musings from an empiricist), I don't recognize the descriptions of community and connection and responsiveness attributed to urban and suburban settings in some of the postings.

When I lived in cities (and I lived in a typical urban setting of apartments, not detached house neighborhoods), people generally lived as strangers right next to each other, rarely showing any concerns about their geographic area outside the door to their own apartment. Social connections were formed in non-geographic ways, by groups of friends from church or work or otherwise. By contrast, each suburban neighborhood in which I have lived has been a community of families in which everyone, to a greater or lesser extent, participated in the community, knew their neighbors, relied upon each other, etc. And, of course, for those who work in a metropolitan setting, the suburb provides the greatest opportunities for raising children with the kinds of opportunities that many of us experienced in an earlier generation: safe play areas, the ability to roam the neighborhood playing with all the kids in the area, bike riding on non-busy streets, open spaces of green lawns, etc.

Moreover, while my urban neighbors generally saw care for the unfortunate as the duty of their municipal and state governments (which were hardly worthy of that reliance), my suburban neighbors have been active community leaders, volunteers for public services, contributors, etc. Those in need not only have not been neglected, but have been more effectively served. In my current community of Eden Prairie outside Minneapolis, we have one of the largest gatherings of Somali immigrants in the country, who are becoming well integrated into the work force, the schools, etc. Indeed, I would guess that the Somali immigrant experience in the Eden Prairie suburb has been much more positive and progressive than it would have been in most urban settings.

While I am sure that others have had different experiences in both urban and suburban settings with respect to community in general, I feel more confident in saying that one of the signal differences between urban and suburban settings is the responsiveness and accountability of local government. When there recently was a matter of concern in my neighborhood, I not only felt comfortable contacting the chief of police but was able to spend a half an hour discussing with him the trends in the area and learning about the thoughtful policies the police were adopting to deal with certain impacts of commercial development nearby. I've had the same experience in other suburbs, actually knowing members of the city council, seeing that officials elected and appointed responsive to their constituents, etc. That definitely has not been my experience in urban settings, where officials most often are remote (partly by attitude, partly because of the large numbers of persons in the city which prevents creating relationships with very many), where governmental offices are bureaucratic and coldly unresponsive, etc.

From the standpoint of subsidiarity, I submit we are more likely to find it working well in rural and suburban communities than in the typical urban setting.

Greg Sisk (blogging from Rome)

Wednesday, July 11, 2007

A dissenting view on Catholic schools

As long as we're throwing bombs in the spirit of Christian fellowship, I'll try one of my own. I agree with Rick's non-endorsed proposition that Catholic schools are important. I do not agree that making it possible for all Catholic kids to attend Catholic schools is the most important business of the parish. Rather, I believe that the most important business of the parish is shaping Catholics to be followers of Christ. That process should not stop at high school graduation. If there was one-tenth of the emphasis placed on Christian education for adults in the average parish as there is on keeping the parish school afloat, lives would be dramatically transformed. Further, we should never mistake the true objective here (and I'm not accusing Rick of doing so): the goal is not to have all Catholic kids in Catholic schools; the goal is to facilitate every Catholic's walk with Christ. Some Catholic schools, in my limited observation, seem so market-driven that I am not altogether certain what sort of spiritual formation occurs there. If we're talking about providing kids with a deep grounding in their faith tradition, I'll take my evangelical Sunday School / youth group upbringing over what goes on in most of the parishes I've experienced, including those with schools. My kids' education in the faith has to be more than a periodic crash course in whatever sacrament is up next. I don't mean to knock Catholic schools, but sometimes I think we are so focused on institution-preservation that we can lose sight of the reasons why we have the institutions in the first place.

Still more on cities, schools, and the Faith

Since we're all friends, and (sort of) in response to Rob and Lisa, let me toss out, without necessarily endorsing myself, a bomb:

THE thing -- the most important thing, besides the Sacraments -- that Catholic parishes (urban, rural, and suburban) should be doing (and that dioceses should be doing) is running schools.  This is because the Church should be doing what it takes -- whatever it takes -- to make it really possible (and by "possible," I mean to include "possible given the special needs of many children") for all -- rich, middle-class, and poor -- urban and suburban Catholics to send their children to Catholic schools, which is where all Catholic children should be.

Discuss.  =-)