A MODEL CODE ON EDUCATION AND DIGNITY Webinar: Model Code Comparison Tool

Dignity in Schools Campaign (DSC) Challenges the systemic problem of pushout and advocates for the human right of every young person to education and dignity 92 organizations from 24 states: Youth and parent base-building Legal and advocacy Teachers and educators Researchers

DSC Model Code Model policies for schools, districts and legislators to address school pushout and create safe and positive climates for learning Based on research, best practices and on the ground experiences of students, parents and educators Rooted in fundamental human rights principle that the goal of education is to develop each young person to their full potential

How was the Model Code developed? Drafted and reviewed by members of the Model Code Working Group Reviewed at two American Bar Association summits Reviewed and edited at community engagement sessions with students, parents and teachers in 8 different states (CA, FL, GA, IL, LA, MS, NY, PA)

5 Chapters of the Model Code = 5 Human Rights 1. Education Full Potential of Children and Youth Core program elements of the right to education Ensuring Equity in Education 2. Participation Stakeholder Rights Steps to ensure meaningful role in decision- making Rights of Children and Youth Rights of Parents and Guardians 3. Dignity School Climate & Discipline Preventive and positive approaches Avoiding Criminalization Right to Remain in School 4. Freedom from Discrimination Eliminating Discrimination Practices, structures and outcomes Disproportionate Discipline Students with Disabilities 5. Monitoring & Accountability Right to Information Disaggregated and accessible to communities Data Collection Monitoring & Community Analysis 10

Using the Model Code Identify which sections of the Code are most relevant to your community or school Compare the Model Code to the existing law or policy Use “recommended language” from the Code to help shape policy changes Today we will walkthrough the DSC Model Code Comparison Tool  It can help you compare your school or district Code of Conduct to the recommended language in the DSC Model Code  You can use it to begin developing your campaign strategy to make changes to your local Code 15

Model Code Comparison Tool

How the Comparison Tool Works Questions about your local Code of Conduct: Is the Code followed? What does the Dignity in Schools Campaign (DSC) Model Code say about it? Questions/ Changes you want to make? 1. Can you easily get a copy of your District’s Code of Conduct? Is it available on-line? Do students and parents receive a copy at the start of the school year? Ensure that students, parents and teachers know and understand all of the school norms, expectations, rules and disciplinary processes:  Ensure every student and parent receive a copy before school starts  Host student assemblies or other school- wide forums, classroom lessons and informational sessions for parents. (Section 3.1.a.E.2) For more information on Section 3.1.a.E.2 go to

Click on Section 3.1.a to open a PDF file of that section

Scroll down the PDF until you get to paragraph E.2

Model Code Comparison Tool

Sample Questions in the Comparison Tool Poll Number 1: Are there guidelines in your local Code of Conduct for when a school can and cannot suspend or expel a student? Yes No I don’t know

Response to Poll 1 in the Model Code Questions about your local Code of Conduct: Is the Code followed? What does the Dignity in Schools Campaign (DSC) Model Code say about it? Questions/ Changes you want to make? Guidelines for Suspensions and Expulsions 2. Are there guidelines for when a school can and cannot suspend or expel a student? Are suspensions and expulsions limited to only serious and dangerous offenses? Suspension or expulsion may only be considered for the most serious and dangerous offenses and only if absolutely necessary to protect the safety of the school community. (Section 3.1.a.F and 3.1.c.B.1.b) Also see a full list of factors to consider before excluding a student at Section 3.1.c.C.

Sample Questions in the Comparison Tool Poll Number 2: Does your local Code list alternatives to suspensions? (such as mediation, restorative circles or counseling) Yes No I don’t know

Response to Poll 2 in the Model Code Questions about your local Code of Conduct: Is the Code followed? What does the Dignity in Schools Campaign (DSC) Model Code say about it? Questions/ Changes you want to make? 3. Does your Code list alternatives to suspension? Does your district require that alternatives be used before suspension/expulsion? Suspensions or expulsions may only be used after non-exclusionary discipline alternatives have been carefully considered, tried and documented. Alternatives include but are not limited to: a) Mediation and conflict resolution; b) Restorative circles, conversations and family group conferences; c) Transformative justice approaches; d) Counseling; e) Tiered Support Team interventions; f) Community Service; and g) Written and verbal apologies. (Section 3.1.a.F and 3.1.a.E.3)

Sample Questions in the Comparison Tool Poll Number 3: Are there different rules for students of different ages or grade levels? (such as suspensions for K-3rd grade vs th grade) Yes No I don’t know

Response to Poll 3 in the Model Code Questions about your local Code of Conduct: Is the Code followed? What does the Dignity in Schools Campaign (DSC) Model Code say about it? Questions/ Changes you want to make? 5. Are there different rules for students of different ages or grade levels? (For example, different suspension policies for elementary and middle school vs. high school?) No student under the age of 10 may be excluded from school for disciplinary reasons.(Section 3.1.c.D.2) No student under the age of 15 may receive a suspension of more than 3 days.(Section 3.1.c.D.3)

Sample Questions in the Comparison Tool Poll Number 4: Does a student facing suspension have the right to an exclusion conference or other meeting with school officials? Yes No I don’t know

Response to Poll 4 in the Model Code Questions about your local Code of Conduct: Is the Code followed? What does the DSC Model Code say about it? Questions/ Changes you want to make? Due Process Protections in Suspension, Expulsion and Involuntary Transfer 12. Does a student facing suspension have the right to an exclusion conference or other meeting with school officials? If a student is suspended for 5 days or less, the student has the right to an exclusion conference to discuss the information/evidence the school is relying on, the student’s version of what happened, and whether or not the recommendation for suspension is consistent with section 3.1.c of this Code. (Section 3.1.d.B.1.b)

Example of Using the Model Code in Local Work Jeree Thomas, JustChildren Program, Legal Aid Justice Center Advocacy around the Code of Conduct in Richmond and Henrico, Virginia, including using provisions of the DSC Model Code. Example of a question that has come up with the School Board around question 10 in the Comparison Tool Questions about your local Code of Conduct: Is the Code followed? What does the DSC Model Code say about it? Questions/ Changes you want to make? 10. Once a school in your district proposes to exclude a student, are they entitled to remain in school while they await the final decision? If a district or school proposes to exclude a student, regardless of whether that exclusion is a suspension or an expulsion, that student shall remain in school pending the outcome of that student’s exclusion conference or expulsion hearing. (Section 3.1.c.E.1)

Model Code Strategy Chart This tool can help identify top priorities to work on to make changes to local codes of conduct. What changes to policy do you want to see in your district? Is there language in the Model Code that you want to use as part of your demand? Who is the decision- maker that can make each change? Rank the changes in order of priority (scale of 1-5) Where are there existing models? (could be individual schools in your district, or another district) Next Steps

Local Groups Using the Strategy Chart

Using the Model Code to Support Your Local Campaign Priorities Poll Number 5: Which of the following issues is the top priority in your local work? Reducing rates of suspension and expulsion Limiting police involvement in school discipline Ending racial disparities in discipline rates Implementing restorative practices Getting better data on school discipline

Using the Model Code to Support Your Local Campaign Priorities Based on your top priority area, you can look up the recommended policy language in the DSC Model Code and use it in your local campaign. To find the Section of the Model Code most relevant for your work, visit:

Question & Answer

Learn More about DSC Read the Model Code and share with others Hold a Model Code training in your community Contact Fernando, DSC Field Organizer Learn about Solutions Not Suspensions: A Call for a Moratorium on Out-of-School Suspensions, DSC and OTL Participate in the 2015 DSC National Week of Action this fall. You can read about last year’s Week of Action here:

Contact Information Ruth Cusick, Public Counsel Law Center Liz Sullivan-Yuknis, NESRI Fernando Martinez, DSC Field Organizer 18