Maddie+and+Nick

=**aff questions - email me at pieropan25@gmail.com !**= = = =**POLYPREP MP - NATIVES AFF - MICH CAMP TOURNAMENT 2017**= =1AC – Natives=
 * 1ac's will stay the thesis-level the same - i may switch out one or two cards depending on the round, if you have any questions feel free to email me!**

The Advantage is Native Education –
====Current Native education policy treats children as disposable – conditions are so unbearable that many kids don't go to school at all. This results in a culture of educational erasure, where eight out of ten students aren't proficient, graduation rates plummet, and excessively violent treatment ships children to jail.==== Havasu Canyon is home to turquoise waterfalls, billowing cottonwood trees, and red sandstone AND needs or to [justify] providing substandard educational services to our people."
 * Wong '17** (Alia; 1/12/17; B.A. in Latin America Studies and Journalism from Boston University, studying history and anthropology at an Ecuadorian university, associate editor; The Atlantic, "The Longstanding Crisis Facing Tribal Schools," https://www.theatlantic.com/education/archive/2017/01/the-longstanding-crisis-facing-tribal-schools/513053/, JKS)

Trump's education agenda signals the end of the federal trust responsibility – it takes aim at tribal self-determination and rolls back previous reforms.
When Donald J. Trump was elected the 45th President of the United States, AND funding for tribal self-governance compacts by $5.4 million.
 * Washburn '17** (Kevin; 5/25/17; J.D. from Yale University, B.A. in Economics from the University of Oklahoma, Professor of Law at the University of New Mexico, former Distinguished Professor of Law at the University of Arizona; Indian Country Today, "Trump Proposes Hundreds of Millions in Cuts to Federal Appropriations for Indian Country," https://indiancountrymedianetwork.com/news/opinions/trump-proposes-hundreds-millions-cuts-federal-appropriations-indian-country/)

Native education lacks culturally specific curriculum, including tribal languages and history. The status quo lets teachers make the decisions, not communities.
5. The challenges American Indian ELLs face today Students need to become fluent readers AND s) and English provides the scaffolding support students need to achieve academically.
 * Carjuzaa & Ruff '16** (Jioanna & William; September 2016; Ph.D. in Multicultural, Social and Bilingual Foundations of Education from the University of Colorado-Boulder, Associate Professor, Multicultural Education at Montana State University, and Curriculum and Instruction Executive Director of the Center for Bilingual and Multicultural Education; M.A. in Public Administration from Georgia State University, B.A. in Political Science and Public Health from Emory University, Professor of Education at Montana State University; Cogent Education, "American Indian English Language Learners: Misunderstood and under-served." http://scholarworks.montana.edu/xmlui/handle/1/12658)

This erasure is inexcusable and results in the extinction of Native languages.
Language and Cultural Revitalization Racially based assimilationist educational policies and practices have had deleterious effects AND based cultural knowledge of the Indigenous people is similarly lost from the world.
 * Fickel et al '17** (Letitia; Ed.D. in Educational Supervision in Teaching and Learning from the University of Louisville, M.A. in Education and B.A. in Psychology from the University of Kentucky, Professor of Education at the University of Canterbury, academic and teaching experience at multiple university positions; Book, Global Teaching)

Second, cultural genocide –
====Miseducation of Native histories is a tool to sustain the imperial fantasy of an extinct, submissive Indian. This perpetuates a form of internalized racism that condemns thousands of indigenous youth to devalument.==== These rituals dominate the first months of school, putting Native children in their place AND can start work toward a more just and equal future for Native students.
 * Dunbar-Ortiz '16** (Roxanne; 11/28/16; B.A. in Communications from the University of Pennsylvania, Media Coder at the Annenberg Public Policy Center, free-lance education journalist, citing multiple studies on Native American Education; Education Week, "The Miseducation of Native American Students," http://www.edweek.org/ew/articles/2016/11/30/the-miseducation-of-native-american-students.html)

The impact is cultural genocide.
The goal of education in the United States is to prepare students to have jobs AND of American Indian education and the retention rates of the American Indian students.
 * Stone '11** (Sarah; August 2011; B.A. in Public Relations from The College of St. Mark and St. John, Global Head of Marketing Communications at Mourant Ozannes; Commonwealth Honors College Theses and Projects, "American Indian Education: How Assimilation Decreases Retention," http://scholarworks.umass.edu/cgi/viewcontent.cgi?article=1026&context=chc_theses)

Tribal schools are spiraling out of control – comprehensive studies prove more funding is necessary.
What GAO Found The Department of the Interior's (Interior) Office of the Assistant AND Affairs practices against its policies and safety standards; and interviewed agency officials.
 * GAO '16** (Government Accountability Office; 3/10/16; Federal agency in charge of oversight and recommendations for other United States offices, citing and conducting a multi-year meta-study on tribal schools under the DOI; GAO, "Key Actions Needed to Ensure Safety and Health at Indian School Facilities," http://www.gao.gov/products/GAO-16-313) *All tables omitted

A lax federal role ensures woefully inadequate health and safety conditions – Native students risk fires, poisoning, and injury on a daily basis.
The Bureau of Indian Affairs doesn't know the true health and safety conditions at schools AND explanation for why repairs took significantly longer than Indian Affairs' required time frames."
 * Melmer '16** (David; 3/14/16; Operator of Indianz.com, a blog formed in a partnership with Lakota Immersion Daycare, citing three GAO studies and a House Investigation on BIA accountability; Indianz.com, "Bureau of Indian Affairs slammed for safety conditions at schools," https://www.indianz.com/News/2016/03/14/bureau-of-indian-affairs-slamm.asp)

These conditions coupled with mounting budget cuts force Native displacement, recreating forms of historical and structural violence.
To ensure that Native students are on the path to success, a number of AND strengthen our cultures and communities so we can thrive for generations to come.
 * Keel '13** (Jeferson; Chickasaw, 12/3/13; J.D. in Native American Law from the University of Tulsa, M.S. in Human Resources and B.A. in Political Psychology from East Central University; Education Week, "Upending an Education Crisis in Indian Country," http://www.edweek.org/ew/articles/2013/12/04/13keel_ep.h33.html)

That creates cycles of socioeconomic invisibility.
Finally the U.S. is beginning to see steady improvement in employment and AND their odds of being employed are 31 percent lower than those of whites.
 * Peralta '14** (Katherine; 11/27/14; B.S. in Marketing Management and Business from North Carolina State University, digital marketing manager; USN, "Native Americans Left Behind in the Economic Recovery," https://www.usnews.com/news/articles/2014/11/27/native-americans-left-behind-in-the-economic-recovery)

The United States federal government should:
====substantially regulate elementary and secondary education by applying an active efforts requirement to Title VI, Section A funds of the Every Student Succeeds Act, including a federal minimum standard; and====

====substantially increase its funding of elementary and secondary public and Bureau of Indian Education schools for comprehensive and equitable resources to honor constitutionally based funding obligations.====

Applying an active efforts requirement to Title VI ensures proactive cultural and linguistic support. A federal standard monitors minimum compliance, while maintaining local and Native flexibility.
"Active Efforts" and Title VI Like ICWA, Title VI was passed in AND , impacts, and outcomes of a system that negatively impacts minority groups.
 * Dial '16** (Chantelle; Spring 2016; J.D. upon publication in International Law, Educational Law, and Indigenous Law from Michigan State University, M.A. in International Law from the University of Edinburgh, member of the Diversity Services Office at Michigan State University, former Supreme Court intern; J.D. Thesis, "'Active Efforts' for Equal Education: Reforming Title VI to Further the Purposes of Title VI," http://www.law.msu.edu/king/2015-2016/Dial.pdf)

That shifts from the current overly punitive approach with Title VI to an empowering focus
Changing the current reporting scheme and empowering district cohorts to implement active efforts, changes AND where they left off and continue their work to finally achieve equity."138
 * Dial '16** (Chantelle; Spring 2016; J.D. upon publication in International Law, Educational Law, and Indigenous Law from Michigan State University, M.A. in International Law from the University of Edinburgh, member of the Diversity Services Office at Michigan State University, former Supreme Court intern; J.D. Thesis, "'Active Efforts' for Equal Education: Reforming Title VI to Further the Purposes of Title VI," http://www.law.msu.edu/king/2015-2016/Dial.pdf)

A robust consensus of scholars and empirical studies confirm integrating Native cultures is the most significant step to higher educational performance and sustainable Native schools.
A final component of research necessary to make conclusions on how assimilation affects retention rates AND students needs to be improvement [improved] by adding culturally relevant programs.
 * Stone '11** (Sarah; August 2011; B.A. in Public Relations from The College of St. Mark and St. John, Global Head of Marketing Communications at Mourant Ozannes; Commonwealth Honors College Theses and Projects, "American Indian Education: How Assimilation Decreases Retention," http://scholarworks.umass.edu/cgi/viewcontent.cgi?article=1026&context=chc_theses) *Spelling corrected

Implementation decisions are left to communities.
Additional Information The Indian Education Formula Grant program provides grants to support local educational agencies AND committee, Indian community and tribes whose children are served by the LEA.
 * DOE, citing Title VI, '17** (Department of Education; 3/9/17; Federal branch responsible for national education policy, citing the formula grant standards for Title VI under NCLB and ESSA authority; DOE, "Indian Education—Formula Grants to Local Education Agencies," https://www2.ed.gov/programs/indianformula/index.html)

Federal funding is essential for sweeping improvements in tribal schooling – uniquely fulfills the trust obligation and overcomes local barriers.
The Federal Responsibility - Invest in School Construction: Due to deteriorating infrastructure in schools AND economic growth is difficult unless federal, constitutionally based funding obligations are honored.
 * NIEA '17** (National Indian Education Association; 2/21/17; National non-profit dedicated to Native American education, citing the Government Accountability Office and multiple internal studies on the Department of Interior; NIEA, "THE FEDERAL TRUST RESPONSIBILITY TO NATIVE EDUCATION," http://www.niea.org/wp-content/uploads/2016/03/NIEA-FY-2018-Budget-2-21-17-3.pdf)

The Federal Trust Responsibility is key- 1) it's the linchpin for Native self-determination, and 2) it's essential to the historical debt the U.S. owes to indigenous people
The Foundation of the Trust Relationship and Practical Challenges Indian Nations Face in Local Communities AND the Indian people to a level comparable to the non-Indian society."
 * Halbritter 12 (Ray Hallbritter, of the Oneida Indian Nation, 5-18-12, testimony given on May 17 by Oneida Indian Nation Representative Ray Halbritter at the United States Senate Committee on Indian Affairs oversight hearing on the topic of "Fulfilling the Federal Trust Responsibility: The Foundation of the Government-to-Government Relationship., https://indiancountrymedianetwork.com/news/fulfilling-the-federal-trust-responsibility-testimony-of-ray-halbritter/, JKS)**

It's key to prevent overreach from the states
Tribal sovereignty and the trust responsibility obviously are not understood by some local and state AND is vital protection against the very overreaching that it was intended to address.
 * Halbritter 12 (Ray Hallbritter, of the Oneida Indian Nation, 5-18-12, testimony given on May 17 by Oneida Indian Nation Representative Ray Halbritter at the United States Senate Committee on Indian Affairs oversight hearing on the topic of "Fulfilling the Federal Trust Responsibility: The Foundation of the Government-to-Government Relationship., https://indiancountrymedianetwork.com/news/fulfilling-the-federal-trust-responsibility-testimony-of-ray-halbritter/, JKS)**

====You have a choice in this debate – voting aff prioritizes urgent bodies that are being ethically bypassed via schooling, or you can vote for an incalculable future threat. You should refuse the constant need to prevent "extinction" and recognize the urgency of colonial violence.==== Though toileting might be thought of as a special case of bodily urgency, geographic AND as fertile ground for radical critique, a truly fierce urgency for now.
 * Olson '15** (Elizabeth; 2015; PhD, Associate Professor of Geography and Global Studies at UNC-Chapel Hill; Progress in Human Geography, "Geography and ethics I: Waiting and urgency,")

====Specifically, an obsession with high-magnitude impacts stems from a settler fear of extinction, which seeks to distract from America's genocidal past. You should refuse this far-off threat in favor of ever-present violence.==== Settlers love to contemplate the possibility of their own extinction; to read many contemporary AND effects that shape much of the contemporary literature emerging from white colonial settings.
 * Dalley '16** (Hamish; 10/14/16; Ph.D. from the Australian National University, B.A. from the University of Otago, Assistant Professor of English and World Literature at Daemen College; Settler Colonial Studies, "The deaths of settler colonialism: extinction as a metaphor of decolonization in contemporary settler literature,")

Disregard appeals to specific scenarios – the conjunction fallacy means each chain of their disad renders itself less probable.
The conjunction fallacy similarly applies to futurological forecasts. Two independent sets of professional analysts AND a futurist, disjunctions make for an awkward and unpoetic-sounding prophecy.
 * Yudkowsky '8** (Eliezer; 7/8/8; Cofounder of Machine Intelligence Research Institute, research fellow at MIRI, citing several psychological studies; Machine Intelligence Research Institute, "Cognitive Biases Potentially Affecting Judgment of Global Risks," https://intelligence.org/files/CognitiveBiases.pdf, p. 7-8)

=**AFF 2 - IDEA - MICH CAMP TOURNAMENT 2017**=


 * ===1ac – advantage ===**

====Current interpretations by the courts of the Individuals with Disabilities in Education Act, or IDEA, is failing those with mental disabilities, causing millions to spend life in prisons, homeless, or incapable of struggling with their disability====
 * Golembiewski 2016** - Law Clerk to the Honorable Charles R. Wilson, U.S. Court of Appeals for the Eleventh Circuit

Kevin, "DISPARATE TREATMENT AND LOST OPPORTUNITY: COURTS' APPROACH TO STUDENTS WITH MENTAL HEALTH DISABILITIES UNDER THE IDEA," 88 Temp. L. Rev. 473 The United States is experiencing a mental health epidemic. Millions of Americans suffer from AND twenty years since Glennon's article, the same biases still influence courts today.

These applications of IDEA allow for the segregation of students because it is easier to remove students from the classroom than address their needs

 * Krewson 2016** - JD Candidate 2016, U of Toledo College of Law

Trisha, "COMMENTS THE CONFLICT BETWEEN PRESERVING THE RIGHTS OF STUDENTS WITH DISABILITIES AND PROMOTING SAFE SCHOOLS - WILL THE PROCEDURAL SAFEGUARDS OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT SURVIVE THE ERA OF SCHOOL VIOLENCE?," 47 U. Tol. L. Rev. 515 The Individuals with Disabilities Education Act allows for very inconsistent application of the statute to AND standard for particular disciplinary procedures that allow for immediate removal from the classroom.

Upwards of 20 percent of students are missing out on the education they deserve because of these interpretations of IDEA, making it necessary for courts to change how they approach IDEA

 * Golembiewski 2016** - Law Clerk to the Honorable Charles R. Wilson, U.S. Court of Appeals for the Eleventh Circuit

Kevin, "DISPARATE TREATMENT AND LOST OPPORTUNITY: COURTS' APPROACH TO STUDENTS WITH MENTAL HEALTH DISABILITIES UNDER THE IDEA," 88 Temp. L. Rev. 473 While the IDEA's impact on students with disabilities as a whole cannot be denied, AND educational opportunity and the chance to become self-sufficient, independent adults.

These flawed applications of IDEA are uniquely racist and enforces inferiority complexes that degrade life chances

 * Miles 2016** - JD Candidate @ Rutgers Law

Alana, "Overrepresentation in Special Education: Does the IDEA Violate the Equal Protection Clause?," 17 Rutgers Race & L. Rev. 245 "Despite special education policy's original intent as a legacy of Brown and a lever AND child's desire to learn is tarnished we have subverted the promise of Brown.

====This is especially true in the instance of charter schools which are designed to exclude students with disabilities despite being the place of last resort for many families, instead they are treated in embarrassing fashion or not admitted out of principle====
 * Wieselthier 2013** - 2012 magna cum laude grad of Hofstra Law

Sarah, "Judicial Clarity: Giving Teeth to the Application of Federal Disability Laws in Charter Schools," 2013 BYU Educ. & L. J. 67 Despite federal mandates to provide educational opportunities to students with disabilities, charter schools have AND this goal, charter schools cannot ignore their obligations under federal law. n93

Courts evaluate the "educational needs" of students through a medical model—only once the courts force schools to recognize their responsibility in aiding students with needs can this practice end

 * Golembiewski 2016** - Law Clerk to the Honorable Charles R. Wilson, U.S. Court of Appeals for the Eleventh Circuit

Kevin, "DISPARATE TREATMENT AND LOST OPPORTUNITY: COURTS' APPROACH TO STUDENTS WITH MENTAL HEALTH DISABILITIES UNDER THE IDEA," 88 Temp. L. Rev. 473 Given that the IDEA clearly provides for a broad interpretation of "educational," the AND health issues the same protections afforded to students with other types of disabilities.

By requiring schools to address the needs of students with disabilities, the plan provides students with the tools necessary to maximize their school experience

 * Golembiewski 2016** - Law Clerk to the Honorable Charles R. Wilson, U.S. Court of Appeals for the Eleventh Circuit

Kevin, "DISPARATE TREATMENT AND LOST OPPORTUNITY: COURTS' APPROACH TO STUDENTS WITH MENTAL HEALTH DISABILITIES UNDER THE IDEA," 88 Temp. L. Rev. 473 Courts' approach to students with mental health disabilities under the IDEA is not only legally AND effects is simple: courts and schools must start properly interpreting the IDEA.

We have a moral obligation to address disability segregation first – failure to do so only perpetuates the problem
Despite these successes—and despite the fact that educators and professionals have access to AND harm on the hearts and minds of others. Can't we do better?
 * Snow '04 – author, public speaker, trainer, and consultant (Kathie, "The Moral Imperative of Inclusion", Accessed 6/28/17)//TS**

Even if the plan cannot resolve all of the impacts of ableism, it does forefront it's impact on education – only confronting it at every turn can erode its foundations

 * Hehir 2012** - Silvana and Christopher Pascucci Professor of Practice in Learning Differences at the Harvard Graduate School of Education

Thomas and Lauren Katzman, Effective Inclusive Schools: Designing Successful Schoolwide Programs, Jossey-Bass Press, p. x-xiii The failure of the education system to provide more widespread options for children and families AND of disability, and maximize opportunities for their students to live full lives.

1ac – plan
====Thus the plan: The United States federal government should establish a test of the Individuals with Disabilities in Education Act's "least restrictive environment" standard to 1) determine if a student can be educated in classrooms with supplemental aids, and, if not 2) evaluate whether the school district has mainstreamed the student to the maximum extent possible. The United States federal government should provide school districts with the resources required to provide the physical environment deemed necessary for an inclusive learning environment.====

1ac – solvency
====A uniform test established by SCOTUS resolves multiple District Court cases that allow for the segregation of students when it benefits the school district. This precedent is necessary to resolve Circuit decisions that would supersede actions taken by any other actor====
 * McGovern 2015** - JD Widener U School of Law

Megan, "Least Restrictive Environment: Fulfilling the Promises of IDEA," 21 Widener L. Rev. 117 There has been nationwide progress in providing meaningful education for children with disabilities. n120 AND plans of someday going to college no longer seem so far-fetched.

A federal court ruling is necessary to force an end to discrimination against special needs students by charter schools

 * Wieselthier 2013** - 2012 magna cum laude grad of Hofstra Law

Sarah, "Judicial Clarity: Giving Teeth to the Application of Federal Disability Laws in Charter Schools," 2013 BYU Educ. & L. J. 67 Charter schools are unique in that they are public but free from the regulation and AND Without the courts weighing in, this discrimination will [*70] continue.

Reject impact framing that prioritizes nonsensical flashpoints, instead focus on what will benefit disadvantaged groups the most

 * Hyland 1987** - Department of Education, Bristol Polytechnic

Terry, "Disability and the Moral Point of View," Disability, Handicap & Society, 2:2, 163-173 We can legislate for social change and, as the British political experience of recent AND and responsibilities that are inseparable from full and active membership of the community.

We are only responsible for whether the plan itself is a moral action
(Alex, J.D. Stanford University, Harvard University Bachelors (magna cum laude), Practicing Appellate and Constitutional Law at Gibson, Dunn & Crutcher LLP, former Adjunct Analyst at The Competitive Enterprise Institute, "Philosopher's Corner: The Principle of Intervening Action", https://cei.org/blog/philosophers-corner-principle-intervening-action, August 15, 2008, ak.) Gewirth takes the position that we are solely responsible for the morality of our own AND never be violated for any reason, including preventing future rights-violations.
 * Harris, 8**
 * PIA = Principle of Intervening Action

None of their evidence assumes new training programs and tech created to solve
The U.S. teacher shortage crisis doesn't only apply to traditional K- AND , can be helped by using word prediction or speech to text software.
 * McIntyre 16** (Erin McIntyre, 2/4/16, "An individualized approach to training special ed teachers", Education Dive. http://www.educationdive.com/news/an-individualized-approach-to-training-special-ed-teachers/413180/)//ET

Setting federal precedent is necessary, anything less allows for an interpretation by a Circuit court that conflates the ADA and IDEA, preventing appropriate redress for students with needs

 * Estrella-Lemus 2014** - third year student at Pepperdine University School of Law

Angela, "An IDEA for Special Education: Why the IDEA Should Have Primacy over the ADA in Adjudicating Education Claims for Students with Disabilities," 34 J. Nat'l Ass'n L. Jud. 405 V. The IDEA Should Have Primacy over the ADA in Special Education A AND situation, the Ninth Circuit did not honor the purpose of the IDEA.

Reclarification of LRE allows for the government to identify which schools are failing their students, forcing litigation and legal intervention

 * Hehir 2012** - Silvana and Christopher Pascucci Professor of Practice in Learning Differences at the Harvard Graduate School of Education

Thomas and Lauren Katzman, Effective Inclusive Schools: Designing Successful Schoolwide Programs, Jossey-Bass Press, p. 198-199 Though both FAPE and LRE are relatively vague, they are central to IDEA and AND improvements. A major element of this effort must focus on capacity development.