Candace Moore, Elizabeth Temkin, Allanah Wynn Education Equity Project Illinois School Discipline Reform: Law and Strategies Candace Moore, Elizabeth Temkin, Allanah Wynn Education Equity Project

SB100: Let’s Talk About it! What do you already know about SB100? What questions or concerns do you have about the law? How many people know where or why SB100 started?

SB 100: Why We Need It Start at 1:58; End at 3:38 https://www.youtube.com/embed/ZTPMG-DkI1c?start=118

Highlights and Implementation Strategies SB100/Public Act 99-456: Highlights and Implementation Strategies Going to briefly go over what SB100 requires districts to do and not to do.

SB100: Key Principles School exclusions are the most serious disciplinary consequences. Districts should limit number and duration of suspensions and expulsions to the greatest extent practicable. Disciplinary determinations are to be made on a case-by- case basis. SB100 focuses on 3 key principles: exclusionary discipline is the most serious, and therefore, Districts should limit … And for disciplinary action to have the most positive results, decisions need to be made on a case-by-case basis. To help us better understand that law, I want you to think of SB100 as a traffic light: Red – stop, cannot do these things; yellow – caution, these are the standards that apply; and green – go, what the law requires districts to do. 

Practices No Longer Allowed 5/5/16 Practices No Longer Allowed Zero tolerance policies that require administrators suspend or expel for particular behaviors, unless mandated by law [e.g., federal laws for weapons offenses]. Encouraging students to dropout because of behavioral or academic issues. Imposing a fine as a disciplinary consequence (unless restitution for action like stealing). New! Practices Not Allowed - Zero tolerance policies that require administrators suspend or expel for particular behaviors, unless mandated elsewhere by law [e.g., federal laws for weapons/drug offenses]. Focus more on case-by-case basis. - Encouraging students to dropout because of behavioral or academic issues. Imposing a fine as a disciplinary consequence (unless restitution for action like stealing).

SB 100: Standards for Suspensions, Expulsions, Disciplinary Transfers Short-Term Suspensions (3 days or less out-of-school):​ Student must pose threat to school safety or disruption to learning opportunities. Long-Term Suspensions (4 days or more out-of-school), Expulsions and Disciplinary Transfers Student must pose threat to others or substantial disruption to operation of the school AND Appropriate and available behavioral and disciplinary interventions have been exhausted. SB100 distinguishes between two different types of suspension.

SB 100: Limitation on Suspensions, Expulsions, Disciplinary Transfers Schools officials must make reasonable efforts to resolve school threats and address disruptions while limiting the length of suspensions, expulsions and disciplinary transfers to alternative schools to the greatest extent practicable.

Limiting School Discipline “to the Greatest Extent Practicable” Suggested Strategies: Review Disciplinary Philosophy Utilize Multi-Tiered Systems of Support framework to proactively reduce suspensions and expulsions Implement research-based alternatives to exclusionary discipline, e.g.: Schoolwide Positive Behavior Support (SWPBS) Restorative Justice Practices Social and Emotional Learning (SEL) My Teaching Partner Building Bridges How do schools determine "the greatest extent practicable" -- some of our suggested strategies

Consider: Implementing procedures and tools to enable effective and objective measure of: threat to school safety and disruption/substantial disruption. Procedures and tools to decide on needed behavioral interventions and determine when they have been exhausted. Factors to determine appropriate length of suspension. Role of school-based mental health professionals in this process. Process of documenting these steps.

SB 100: Procedures Following Use of Exclusionary Discipline Students must be allowed to make up work for equivalent academic credit. Out-of-school suspensions for 4 days or more: district must provide appropriate and available support services. District shall facilitate reengagement of students who are suspended out-of-school, expelled or returning from an alternative school setting.

Consider: Developing a process for sending work home during suspension and a fair and meaningful opportunity to make up tests, quizzes, projects and lab work upon return. Developing a process for determining appropriate and available support services and communicating with the parent/guardian. Implementing a robust reentry process that addresses the root cause of students’ misbehaviors and minimizes the likelihood of reoccurrence. The role of restorative justice in this process.

SB 100: Professional Development Targets: Teachers, administrators, school board members, school resource officers and staff  Topics:  adverse consequences of school exclusion,  collateral consequences of juvenile/criminal justice system involvement,  effective classroom management strategies,  culturally responsive discipline,  developmentally appropriate discipline, and methods that promote positive school climate. For SB100 to be effective, every participants of the school systems really needs to be on board. So SB100 also requires Districts to provide training opportunities for the professional development of teachers, administrators, school board members, and other school staff regarding specific discipline topics. 

Consider: Developing process to appropriately target PD for all relevant school stakeholders. The professional development needed to implement effective interventions at classroom and building level. Necessary steps to build capacity to monitor and evaluate whether the disciplinary policies are effective in limiting the use of exclusionary discipline and reducing inequities.

Let’s Talk About It! What is your school doing now that aligns well with the principles of SB 100? What are the growth areas for your school in improving your policies and practices to better align with SB100? Take 3-5 to discuss these questions.

Early Implementation Data The following are research findings highlighted at a recent convening led by the Transforming School Discipline Collaborative (TSDC) titled SB100: Where Are We Now? Key to remember: Systems-level change is, at minimum, a 3-5 year process. I'll tell you more about TSDC later in our presentation. For now I want to turn to the implementation data that we and our partner organizations have been uncovering.

What were the immediate effects? Decrease in OSS Decrease in expulsions Increase in ISS Increase in transfers to alternative school settings for African American students; remained stagnant for white students Risk ratios of OSS: 23 school districts = SOC risk ratio 4x that of white peers; 22 school districts = SOC risk ratio 5x that of white peers; 1 school district = SOC risk ratio 22x that of white peers  Sources: "Can't Fix What We Don't Know: A Retrospect Analysis of Discipline Data" by Dr. Danel Koonce, Ph.D., Governors State University; "Is Racial Disproportionality Still Present?" By Dr. Pamela Fenning and Kelsie Reed M.Ed., Loyola University of Chicago School of Education Key findings: On the whole, post-SB100 implementation, more students are in school, but serious disproportionality persists for students of color. Two studies looked at discipline data statewide pre- and post-SB100 implementation. Risk ratios are a way of measuring the probability of an event occurring.

What did districts do differently? 0/27 schools banned 0 tol. policies; 20/27 still included it; down 5 from previous year 10/27 schools included statements about limiting exclus. discipline, up 3 from previous year 12/27 schools indicated proactive plans/programs to address discipline issues, up 3 from previous year 4/27 schools mentioned presence of parent-teacher advisory comm., up 1 from previous year Source: "How Much Have Codes of Conduct Changed Between 2015-2016 to 2016-2017" by Dr. Pamela Fenning, Ph.D. and Melissa Bravo M.Ed., Loyola University Chicago School of Education. Key Findings: Many schools have yet to make changes to their student handbooks to reflect the change in the law. A preliminary analysis of 27 schools revealed the following: In the 2016-2017 school year, post SB100 implementation,...

What strategies are people using? Who: Ondine Gross, retired school psychologist at Champaign Centennial HS What: Piloted restorative teacher-student mediation (TSM) program in 2011 Why: "enhance student achievement, boost mutual understanding, break negative cycles, promote social-emotional learning, provide an individualized intervention, efficient and free, foster understanding, trust and empathy" Result: "Over a 3-year period, approx. 82% of the students who participated in a TSM had no further disciplinary referrals from that teacher. Centennial continues to provide TSM and student mediations and these interventions have shown to have a positive impact on overall school climate and to boost teacher-student relationships across racial lines." Source: "Introduction to Restorative Teacher-Student Mediation" by Ondine Gross, M.S., Ed.M.

Share Out Given what you know now, are there any reflections you would like to share.

The Transforming School Discipline Collaborative (TSDC) is an interdisciplinary team of attorneys, school psychologists, policy advocates and community partners dedicated to supporting districts and schools to implement equitable and non-exclusionary discipline practices. We aim to meaningfully reduce the high numbers of school days that students lose due to exclusionary discipline policies and to eradicate inequities in the administration of discipline.

TSDC Partner Organizations

TSDC’s Model Code of Conduct: An Example Procedure for Implementing SB 100 Goals (1) compliant with recent changes to Illinois law and (2) advances the goal of fairness and equity in the discipline process. Purpose A road map for your school community to develop more holistic, inclusive policies and practices that prevent and respond to student misbehavior.

Model Code of Conduct Components 5/5/16 Model Code of Conduct Components Discipline Philosophy Rights and Responsibilities Participation and Collaboration Prevention, Intervention and Disciplinary Responses Due Process Procedures Procedures following Suspension and Expulsion Procedural Guidelines for Discipline of Students with Disabilities Professional Development Data Collection and Monitoring

5/5/16 How to use the Model Code: The text contained within the blue box is TSDC’s guidance on how to develop the designated policy or practice. Language outside of the box are examples that TSDC recommend that district’s adopt in whole or use as an example of what could be produced through their own process.

Approach to School Discipline and the Investigative Process (1 or 2) Incident Occurs Consider Immediate Classroom-Based or Restorative Interventions Gather Information The model code helps districts to build out an investigative process for confronting discipline issues in schools that is reflective of SB100. We advocate for having a clear process so that discipline decisions are made in a way that is fair and productive. Review the Disciplinary Checklist

Approach to School Discipline and the Investigative Process (2 of 2) Refer Students to Appropriate Support Services or Interventions Document All Interventions and Measures Exclusionary Discipline is a Last Resort

Disciplinary Checklist (1 of 2) Is the offense eligible for suspension or expulsion? Would the student’s continuing presence in school cause a threat to school safety or a disruption to other student’s learning opportunities? Has the school exhausted alternatives to suspension and expulsion? The disciplinary checklist is another helpful tool highlighted in the model code. Particularly important when we think about disproportionality. 

Disciplinary Checklist (2 of 2) Has the student previously violated the discipline code? Is suspension or expulsion appropriate given the student’s grade? Has the district and school considered whether the student has a disability and provided all required procedural protections?

Let’s Talk About It! Reflections: Where do we go from here on the... School level? District level? State level? Name one next step.

Conclusion and Credits This presentation draws on research, analysis and work product of the Transforming School Discipline Collaborative. Special thanks to lead creator Miranda Johnson at Loyola University Chicago’s School of Law and also Loyola Law School graduate Rachel Bonnette, Dr. Pamela Fenning at Loyola’s School of Education, and attorneys at Equip for Equality and the Chicago Lawyers’ Committee for Civil Rights Under law.

Staff Attorney, Education Equity Project Learn More www.clccrul.org Candace Moore Staff Attorney, Education Equity Project cmoore@clccrul.org Transforming School Discipline Collaborative (TSDC) www.transformschooldiscipline.org transformschooldiscipline@gmail.com