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Court Sides With Catholic School That Fired Unmarried Pregnant Teacher

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Court Sides With Catholic School That Fired Unmarried Pregnant Teacher

The New Jersey Supreme Court sided on Monday with a Catholic elementary school that fired an unmarried art teacher who was pregnant, ending a long legal battle that had drawn national attention at a time of fierce debate over religious freedom and the separation of church and state.

The school, St. Theresa’s in Kenilworth, N.J., fired the teacher, Victoria Crisitello, in 2014, saying she had violated the school’s code of ethics by having premarital sex, according to court documents.

Ms. Crisitello sued, citing the state’s Law Against Discrimination, which prohibits employment discrimination based on pregnancy and marital status. The lawsuit was passed back and forth between state trial and appellate courts for years before the state Supreme Court agreed to hear the case.

In its decision on Monday, the court found that the firing was protected under a religious exception to the anti-discrimination law. The law allows St. Theresa’s, as a religious employer, to require its employees to abide by the rules of the Catholic Church, the court said.

A lawyer representing the school, Peter G. Verniero, applauded the decision, which he said “upheld the rights of religious employers to act consistent with their religious tenets.”

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Ms. Crisitello’s lawyer, Thomas A. McKinney, said he was disappointed and noted that the decision would affect not only religious schools, but “all different types of religious entities that employ people,” including hospitals.

“If a woman is pregnant and unmarried and working at a Catholic hospital, she can be terminated,” he said. “Our biggest issue always with this case was that you have a policy that’s only being implemented against unmarried pregnant women.”

St. Theresa’s School first hired Ms. Crisitello, a former student, as a part-time toddler caregiver in 2011, according to court documents. Ms. Crisitello signed an agreement at the time that required employees to abide by the teachings of the Catholic Church.

In 2014, the school principal offered her a full-time job as an art teacher, court records show. Ms. Crisitello said she was interested, but requested a raise and explained that she was pregnant.

She did not expect the school to take issue with her pregnancy, Mr. McKinney said. But a few weeks later, the school fired Ms. Crisitello, who was engaged to be married, for violating the terms of her employment agreement by having premarital sex, according to court records.

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Ms. Crisitello, who wore an engagement ring but did not talk about her marital status at work, was shocked and “devastated” when she was terminated from a job she enjoyed, Mr. McKinney said.

The decision on Monday comes after several U.S. Supreme Court decisions in favor of religious rights, including a 2020 decision that ruled that federal employment discrimination laws do not apply to lay teachers at church-run schools.

Katherine Franke, a Columbia Law School professor who specializes in religious liberty law and nondiscrimination law, said the decision was unsurprising because New Jersey’s anti-discrimination law grants unusually broad exceptions to religious employers, compared with federal law and laws in other states.

Still, Ms. Franke said, the ruling is significant and could inspire New Jersey lawmakers to narrow the law.

“We’re in a period where religious organizations are trying to push the boundaries of what it means for them to be exempt from laws that apply to all the rest of us,” she said. She added that some employers that are “not traditionally understood as religious entities” might view the decision as a “green light” to discriminate against L.G.B.T.Q. employees and those in interfaith marriages as well as those are who are pregnant out of wedlock.

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Alexander Shalom, director of Supreme Court advocacy at the American Civil Liberties Union of New Jersey, called the ruling disappointing.

“While we recognize that the United States Supreme Court’s prior decisions provide broad latitude to religious employers regarding hiring and firing,” he said, “we believe the N.J. Supreme Court could have, and should have, held that a second-grade art teacher was entitled to the protections of the Law Against Discrimination.”

Mr. McKinney said that Ms. Crisitello, who no longer works as a teacher, did not intend to appeal her case further, because of the U.S. Supreme Court’s record on similar issues and because the Supreme Court does not review questions of state law.

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Video: Biden Apologizes for U.S. Mistreatment of Native American Children

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Biden Apologizes for U.S. Mistreatment of Native American Children

President Biden offered a formal apology on Friday on behalf of the U.S. government for the abuse of Native American children from the early 1800s to the late 1960s.

The Federal government has never, never formally apologized for what happened until today. I formally apologize. It’s long, long, long overdue. Quite frankly, there’s no excuse that this apology took 50 years to make. I know no apology can or will make up for what was lost during the darkness of the federal boarding school policy. But today, we’re finally moving forward into the light.

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Video: Los Angeles Bus Hijacked at Gunpoint

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Los Angeles Bus Hijacked at Gunpoint

The person suspected of hijacking a bus which killed one person, was taken into custody after an hourlong pursuit by the Los Angeles Police Department early Wednesday morning.

“Get him.”

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The Youngest Pandemic Children Are Now in School, and Struggling

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The Youngest Pandemic Children Are Now in School, and Struggling

The pandemic’s babies, toddlers and preschoolers are now school-age, and the impact on them is becoming increasingly clear: Many are showing signs of being academically and developmentally behind.

Interviews with more than two dozen teachers, pediatricians and early childhood experts depicted a generation less likely to have age-appropriate skills — to be able to hold a pencil, communicate their needs, identify shapes and letters, manage their emotions or solve problems with peers.

A variety of scientific evidence has also found that the pandemic seems to have affected some young children’s early development. Boys were more affected than girls, studies have found.

“I definitely think children born then have had developmental challenges compared to prior years,” said Dr. Jaime Peterson, a pediatrician at Oregon Health and Science University, whose research is on kindergarten readiness. “We asked them to wear masks, not see adults, not play with kids. We really severed those interactions, and you don’t get that time back for kids.”

The pandemic’s effect on older children — who were sent home during school closures, and lost significant ground in math and reading — has been well documented. But the impact on the youngest children is in some ways surprising: They were not in formal school when the pandemic began, and at an age when children spend a lot of time at home anyway.

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The early years, though, are most critical for brain development. Researchers said several aspects of the pandemic affected young children — parental stress, less exposure to people, lower preschool attendance, more time on screens and less time playing.

Yet because their brains are developing so rapidly, they are also well positioned to catch up, experts said.

The youngest children represent “a pandemic tsunami” headed for the American education system, said Joel Ryan, who works with a network of Head Start and state preschool centers in Washington State, where he has seen an increase in speech delays and behavioral problems.

Not every young child is showing delays. Children at schools that are mostly Black or Hispanic or where most families have lower incomes are the most behind, according to data released Monday by Curriculum Associates, whose tests are given in thousands of U.S. schools. Students from higher-income families are more on pace with historical trends.

But “most, if not all, young students were impacted academically to some degree,” said Kristen Huff, vice president for assessment and research at Curriculum Associates.

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Recovery is possible, experts said, though young children have not been a main focus of $122 billion in federal aid distributed to school districts to help students recover.

“We 100 percent have the tools to help kids and families recover,” said Catherine Monk, a clinical psychologist and professor at Columbia, and a chair of a research project on mothers and babies in the pandemic. “But do we know how to distribute, in a fair way, access to the services they need?”

What’s different now?

“I spent a long time just teaching kids to sit still on the carpet for one book. That’s something I didn’t need to do before.”

David Feldman, kindergarten teacher, St. Petersburg, Fla.

“We are talking 4- and 5-year-olds who are throwing chairs, biting, hitting, without the self-regulation.”

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Tommy Sheridan, deputy director, National Head Start Association

Brook Allen, in Martin, Tenn., has taught kindergarten for 11 years. This year, for the first time, she said, several students could barely speak, several were not toilet trained, and several did not have the fine motor skills to hold a pencil.

Children don’t engage in imaginative play or seek out other children the way they used to, said Michaela Frederick, a pre-K teacher for students with learning delays in Sharon, Tenn. She’s had to replace small building materials in her classroom with big soft blocks because students’ fine motor skills weren’t developed enough to manipulate them.

Michaela Frederick, a pre-K teacher in Sharon, Tenn., playing a stacking game with a student.

Aaron Hardin for The New York Times

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Preschoolers do not have the same fine motor skills as they did prepandemic, Ms. Frederick said.

Aaron Hardin for The New York Times

Perhaps the biggest difference Lissa O’Rourke has noticed among her preschoolers in St. Augustine, Fla., has been their inability to regulate their emotions: “It was knocking over chairs, it was throwing things, it was hitting their peers, hitting their teachers.”

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Data from schools underscores what early childhood professionals have noticed.

Children who just finished second grade, who were as young as 3 or 4 when the pandemic began, remain behind children the same age prepandemic, particularly in math, according to the new Curriculum Associates data. Of particular concern, the students who are the furthest behind are making the least progress catching up.

The youngest students’ performance is “in stark contrast” to older elementary school children, who have caught up much more, the researchers said. The new analysis examined testing data from about four million children, with cohorts before and after the pandemic.

Data from Cincinnati Public Schools is another example: Just 28 percent of kindergarten students began this school year prepared, down from 36 percent before the pandemic, according to research from Cincinnati Children’s Hospital.

How did this happen?

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“They don’t have the muscle strength because everything they are doing at home is screen time. They are just swiping.”

Sarrah Hovis, preschool teacher, Roseville, Mich.

“I have more kids in kindergarten who have never been in school.”

Terrance Anfield, kindergarten teacher, Indianapolis

One explanation for young children’s struggles, childhood development experts say, is parental stress during the pandemic.

A baby who is exposed to more stress will show more activation on brain imaging scans in “the parts of that baby’s brain that focus on fear and focus on aggression,” said Rahil D. Briggs, a child psychologist with Zero to Three, a nonprofit that focuses on early childhood. That leaves less energy for parts of the brain focused on language, exploration and learning, she said.

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During lockdowns, children also spent less time overhearing adult interactions that exposed them to new language, like at the grocery store or the library. And they spent less time playing with other children.

Kelsey Schnur, 32, of Sharpsville, Pa., pulled her daughter, Finley, from child care during the pandemic. Finley, then a toddler, colored, did puzzles and read books at home.

But when she finally enrolled in preschool, she struggled to adjust, her mother said. She was diagnosed with separation anxiety and selective mutism.

“It was very eye-opening to see,” said Ms. Schnur, who works in early childhood education. “They can have all of the education experiences and knowledge, but that socialization is so key.”

Preschool attendance can significantly boost kindergarten preparedness, research has found. But in many states, preschool attendance is still below prepandemic levels. Survey data suggests low-income families have not returned at the same rate as higher-income families.

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“I have never had such a small class,” said Analilia Sanchez, who had nine children in her preschool class in El Paso this year. She typically has at least 16. “I think they got used to having them at home — that fear of being around the other kids, the germs.”

Time on screens also spiked during the pandemic — as parents juggled work and children cooped up at home — and screen time stayed up after lockdowns ended. Many teachers and early childhood experts believe this affected children’s attention spans and fine motor skills. Long periods of screen time have been associated with developmental delays.

Heidi Tringali, an occupational therapist in Charlotte, N.C., playing with a patient.

Travis Dove for The New York Times

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Children are showing effects of spending time on screens, Ms. Tringali said, including shorter attention spans, less core strength and delayed social skills.

Travis Dove for The New York Times

Heidi Tringali, a pediatric occupational therapist in Charlotte, N.C., said she and her colleagues are seeing many more families contact them with children who don’t fit into typical diagnoses.

She is seeing “visual problems, core strength, social skills, attention — all the deficits,” she said. “We really see the difference in them not being out playing.”

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Can children catch up?

“I’m actually happy with the majority of their growth.”

Michael LoMedico, second-grade teacher, Yonkers, N.Y.

“They just crave consistency that they didn’t get.”

Emily Sampley, substitute teacher, Sioux Falls, S.D.

It’s too early to know whether young children will experience long-term effects from the pandemic, but researchers say there are reasons to be optimistic.

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“It is absolutely possible to catch up, if we catch things early,” said Dr. Dani Dumitriu, a pediatrician and neuroscientist at Columbia and chair of the study on pandemic newborns. “There is nothing deterministic about a brain at six months.”

There may also have been benefits to being young in the pandemic, she and others said, like increased resiliency and more time with family.

Some places have invested in programs to support young children, like a Tennessee district that is doubling the number of teaching assistants in kindergarten classrooms next school year and adding a preschool class for students needing extra support.

Oregon used some federal pandemic aid money to start a program to help prepare children and parents for kindergarten the summer before.

For many students, simply being in school is the first step.

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Sarrah Hovis, a preschool teacher in Roseville, Mich., has seen plenty of the pandemic’s impact in her classroom. Some children can’t open a bag of chips, because they lack finger strength. More of her students are missing many days of school, a national problem since the pandemic.

But she has also seen great progress. By the end of this year, some of her students were counting to 100, and even adding and subtracting.

“If the kids come to school,” she said, “they do learn.”

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