State legislatures restricting suspension and expulsion July 26, 2016

Goal Develop shared understanding of actions state legislatures have taken to restrict use of suspension and expulsion Overview A little about NCSL & our work in the Education Program Why states are interested in restricting suspension & expulsion Ways state legislatures have restricted suspension & expulsion Other legislative (and a few non-legislative) strategies states are using to reduce suspension and expulsion Colorado landscape

Key Takeaways Using legislation to restrict suspension & expulsion is an emerging policy trend States that are part of this trend are focusing on three main policy components: grade level, type of infraction & length of exclusion Using legislation to restrict suspension & expulsion is just one of many school discipline policy reforms states are trying out

Key Takeaways Using legislation to restrict suspension & expulsion is an emerging policy trend States that are part of this trend are focusing on three main policy components: grade level, type of infraction & length of exclusion Using legislation to restrict suspension & expulsion is just one of many school discipline policy reforms states are trying out

Using legislation to restrict suspension & expulsion is an emerging policy trend In December 2014, the U.S. Department of Health and Human Services and Department of Education released a joint policy statement on expulsion and suspension policies in early childhood settings. The policy statement brought to light the problematic issue of expulsion and suspension practices in early childhood settings and provided recommendations for preventing, severely limiting and ultimately eliminating expulsion and suspension practices in programs that provide early care and education to young children. 

Key Takeaways Using legislation to restrict suspension & expulsion is an emerging policy trend States that are part of this trend are focusing on three main policy components: grade level, type of infraction & length of exclusion Using legislation to restrict suspension & expulsion is just one of many school discipline policy reforms states are trying out

States that are part of this trend are focusing on three main policy components: grade level, type of infraction & length of exclusion Law restricts suspension & expulsion based on type of infraction Legislation restricts suspension & expulsion for youngest students Arkansas *California Nevada New Mexico North Carolina *Oregon Rhode Island Legislation restricts length of exclusion Connecticut *Oregon DC *California Louisiana Illinois Washington

States that are part of this trend are focusing on three main policy components: grade level, type of infraction & length of exclusion Enacted legislation restricting suspension and expulsion for youngest students State Ages Law Exceptions Connecticut Senate Bill 1053 (2015) PreK-2 No out-of-school suspension and expulsion Infractions related to violence, weapons & drugs District of Columbia B21-0001 PreK No suspension or expulsion Violent infractions Oregon Senate Bill 553 K-5 No out-of-school suspension or expulsion *New Hampshire House Bill 1145 (2016) Establishes a committee to study suspension and expulsion of children in licensed preschools and in kindergarten through grade 3. Requires committee to report findings and recommendations by November 1, 2016.

States that are part of this trend are focusing on three main policy components: grade level, type of infraction & length of exclusion Enacted legislation restricting suspension and expulsion addressing both youngest students and certain types of infractions State Ages Law California Assembly Bill 420 (2013-14) K-3 No suspension as a consequence for disruption and defiance Louisiana Senate Bill 54 (2015) PreK-5 No suspension or expulsion for uniform violations

States that are part of this trend are focusing on three main policy components: grade level, type of infraction & length of exclusion Laws restricting suspension and expulsion for certain types of infractions Type of infraction State Law Disruption/ defiance California Assembly Bill 420 (2013-14) No expulsion as a consequence for disruption & defiance Truancy Arkansas Senate Bill 1147 (2013) & Rhode Island Senate Bill 2542 (2012) No out-of-school suspension as a consequence to truancy Oregon Senate Bill 556 (2015) & North Carolina § 115C-390.2. No expulsion as a consequence to truancy Nevada NRS 392.467, New Mexico & the District of Columbia No out-of-school suspension or expulsion as a consequence for truancy

States that are part of this trend are focusing on three main policy components: grade level, type of infraction & length of exclusion Enacted legislation restricting length of suspension and expulsion* (not comprehensive – just a snapshot) State Law Illinois Senate Bill 100 (2015) Permits out-of-school suspensions for 3 or fewer days only if the student's continued presence at school poses a threat to school safety or a disruption to other students' learning opportunities. Permits out-of-school suspensions of longer than 3 days, expulsions, and disciplinary removals to alternative schools to be used only if other appropriate and available behavioral and disciplinary interventions have been exhausted and the student's continuing presence in school would either pose a threat to the safety of other students, staff, or members of the school community or substantially disrupt, impede, or interfere with the operation of the school. Washington House Bill 1541 (2016) Prohibits school districts from using long-term suspension or expulsion as a form of discretionary discipline. Defines discretionary discipline as a behavioral violation that does not include violent offenses such as those involving firearms, controlled substances, or gangs.

States that are part of this trend are focusing on three main policy components: grade level, type of infraction & length of exclusion Law restricts suspension & expulsion based on type of infraction Legislation restricts suspension & expulsion for youngest students Arkansas *California Nevada New Mexico North Carolina *Oregon Rhode Island Legislation restricts length of exclusion Connecticut *Oregon DC *California Louisiana Illinois Washington

Key Takeaways Using legislation to restrict suspension & expulsion is an emerging policy trend States that are part of this trend are focusing on three main policy components: grade level, type of infraction & length of exclusion Using legislation to restrict suspension & expulsion is just one of many school discipline policy reforms states are trying out

Using legislation to restrict suspension & expulsion is just one of many school discipline policy reforms states are trying out Louisiana SR 130 (2015) Requests the Board of Elementary and Secondary Education and the state Department of Education to study the implementation and effectiveness of the Positive Behavioral Interventions and Supports program in public schools. Pennsylvania HR 540 (2015) Directs the Joint State Government Commission to conduct a comprehensive study of school discipline policies, laws and regulations, to establish an advisory committee and to make a report of its findings and recommendations. Maryland HB 139 (2008) Provides a task force to study issues related to students with multiple suspensions. Requires principals to report suspensions in writing to county superintendents and to refer specified students to pupil services teams and give notice to specified students and specified parents or guardians that pupil services teams must meet within a specified period of time.

Using legislation to restrict suspension & expulsion is just one of many school discipline policy reforms states are trying out Louisiana SB 527 (2010)  Requires schools to provide classroom management training for teachers, principals, and school personnel regarding positive behavioral supports and reinforcement, conflict resolution, mediation, cultural competence, restorative practices, discipline and adolescent development. Indiana HB 1635 (2015)  Requires the department of education to develop guidelines for use by accredited teacher education institutions in preparing teachers to successfully apply classroom behavioral management strategies, including culturally responsive methods and alternatives to exclusionary discipline practices. Requires the guidelines to include restorative justice, positive behavioral interventions and supports, social and emotional training, and conflict resolution. Connecticut HB 6292 (2013)  Ensures that candidates in teacher prep programs receive a comprehensive education that includes the social and emotional development and learning of children, including early intervention for children displaying behaviors associated with social or emotional problems, the availability of services.

Using legislation to restrict suspension & expulsion is just one of many school discipline policy reforms states are trying out California AB 1729 (2011) Authorizes superintendents or principals to use alternatives to suspension or expulsion that are age appropriate and designed to address and correct the root cause of the specific behavior. Specific disciplinary alternatives in the bill are: parent conferences, referrals to counseling, behavioral intervention plans, participation in restorative justice, use of a positive behavior support coach, and after school programs. Oklahoma SB 911 (2016) Allows school boards to adopt a discipline procedure that requires students to perform community service on campus for violating the schools discipline policy. Georgia SB 164 (2016) Adds definitions of positive behavioral interventions and supports and response to intervention. Encourages local boards of education to implement positive behavioral interventions and supports and response to intervention programs and initiatives, especially in high needs schools. Authorizes the state board of education to provide funds to school systems to support these programs and initiatives.

Using legislation to restrict suspension & expulsion is just one of many school discipline policy reforms states are trying out Michigan State Board of Education Michigan’s SBE unanimously approved a “Model Code of Student Conduct 2014.” The Code articulates the importance of integrating proactive steps of evidenced-based, pro social development practices into the school culture and sustaining them as vital elements of the school operations. The Code’s objectives are to keep students in school and engaged in the learning process. The 42-page document provides useful resources, due process procedures, definitions for disciplinary actions, and guidance to school districts when violations of the code of student conduct occur. New York State Board of Regents & SEA “In discussion with the Board of Regents at their May 2015 meeting, the New York State Education Department (NYSED) committed to take steps to reduce and severely limit expulsion and suspension practices, with the ultimate goal of eliminating these practices in all early childhood settings by the 2017-2018 school year. In addition, NYSED will review and, as appropriate, revise its statewide policies and guidance regarding suspension and expulsion of preschool children from early childhood programs, including special education programs.”

In Colorado Child care center rules updates (2016) Colorado Early Learning & Development Guidelines (Social and Emotional Development from Birth to Age 5) Legislative History 2016: House Bill 1098: School Discipline Reporting Requirements 2015: House Bill 1273: Comprehensive School Discipline Reporting 2012: Smart School Discipline Law (Amendment to House Bill 1345) 2011: Senate Bill 133: Discipline in Public Schools 2011: House Bill 1032: Restorative Justice

More questions: Contact us: Joellen Kralik Policy Associate 303-856-1376 joellen.kralik@ncsl.org Matt Weyer Policy Specialist 303-856-1424 matthew.weyer@ncsl.org