Senate Bill 100 What Do I Need To

Senate Bill 100 What Do I Need To Know?

SB 100 • Overhauls school student discipline procedures • New policies must be adopted by the school board for implementation by September 15, 2016

What Has Not Changed? Suspensions • Schools may suspend students for up to 10 school days without school board approval • Must send notification letter • Students have an opportunity to hear and respond to allegations • Student’s parents may request review of suspension by school board or hearing officer appointed by the school board

What Has Not Changed? Expulsions • Schools may expel students for up to 2 calendar years • Must send notification letter • A hearing before the school board or a hearing officer appointed by the school board

What Has Not Changed? Expulsions & Suspensions • Suspension & expulsion decisions must be made on a case-by -case basis • May prohibit suspended or expelled students from school activities and being on school grounds • IDEA and Section 504 continue to apply to students with disabilities facing suspension and/or expulsion

What Has Not Changed? • Suspension & expulsion decisions must be made on a case-by -case basis • May prohibit suspended or expelled students from school activities and being on school grounds • IDEA and Section 504 continue to apply to students with disabilities facing suspension and/or expulsion • Schools must provide a copy of the discipline policy to parents within 15 days after the beginning of the student’s classes • Inform students of the contents of the policy

What Has Not Changed? • Students may be transferred to an alternative program • If parents agree to alternative placement, no board action is required • If parents do not agree, the Board must approve movement to an alternative placement

What Has Changed? • School boards, with the parent-teacher advisory committee (PTAC), must develop a student discipline policy consistent with SB 100 • The policy must include school searches and bullying prevention • School boards, along with the PTAC, must annually review the policy • SB 100 flips the responsibility of burden of proof to the schools instead of the students

What Has Changed? • Schools must limit the number and duration of expulsions and suspensions to the greatest extent practicable • Schools are encouraged to use non-exclusionary discipline measures prior to suspending students • Suspensions and expulsions are to be used only for legitimate educational purposes • Zero-tolerance policies are prohibited !!! • Must create a policy for suspended students to have the opportunity to make up any missed work for equivalent academic credit • This includes students who have been suspended from the bus and do not have alternate transportation

What Has Changed? • School districts must provide appropriate and available support services to students during suspensions longer than 4 days. Supports must be documented in the suspension notice. Does this include homebound instruction? Not clear… • School districts must create a policy to facilitate the reengagement of students who have been suspended or expelled from school.

Suspensions: 1 -3 Days • Suspensions of 3 days or less may be used only if the student’s presence poses: o A threat to school safety, or o A disruption to other student’s learning opportunities • In a written suspension decision, the school must: o Explain the specific act of gross disobedience or misconduct; and o Explain the rationale for the specific duration of the suspension • Students must be provided make-up opportunities and a written re-engagement plan

Suspensions: 4 Days • Suspensions of 4 days may be used only if: o Other appropriate and available behavioral and disciplinary interventions have been exhausted, and the student’s presence in the school: o Poses a threat to school or community safety, or o Substantially disrupts, impedes, or interferes with the operation of the school • In a written suspension decision, the school must: o Explain the specific act of gross disobedience or misconduct; and o Explain the rationale for the specific duration of the suspension; and o Document whether other behavioral and disciplinary interventions were attempted, or whether none were available • Students must be provided make-up opportunities and a written reengagement plan

Suspensions: 5 -10 Days • Suspensions of 5 -10 days may be used only if: o Other appropriate and available behavioral and disciplinary interventions have been exhausted, and the student’s presence in the school: o Poses a threat to school or community safety, or o Substantially disrupts, impedes, or interferes with the operation of the school • In a written suspension decision, the school must: o Explain the specific act of gross disobedience or misconduct; and o Explain the rationale for the specific duration of the suspension; and o Document whether other behavioral and disciplinary interventions were attempted, or whether none were available o Document whether appropriate and available support services are to be provided, or whether none are available • Students must be provided make-up opportunities and a written reengagement plan

Expulsions • Schools may recommend a student for expulsion only if: o Other appropriate and available behavioral and disciplinary interventions have been exhausted, and the student’s presence in the school: o Poses a threat to school or community safety, or o Substantially disrupts, impedes, or interferes with the operation of the school • Must be a hearing before the Board or a hearing officer appointed by the Board

Expulsions • In a written expulsion decision, the Board must: o Detail the specific reasons why removing the student from the school is in the schools district’s best interests o Provide the rationale for the specific duration of the expulsion o Document whether other behavioral and disciplinary interventions were attempted, or whether none were available • A school may refer expelled students to appropriate and available support services during the time the student is expelled • Students must have a written detailed and comprehensive re-engagement plan to assist them in transitioning back to school after an expulsion

Terminology • SB 100 does not define: o Zero tolerance policies o Appropriate and available behavioral and disciplinary interventions o Appropriate and available support services o What should be included in the re-engagement plan • Behavioral and Disciplinary Interventions o Reasonable efforts must be made to resolve threats, address disruptions, and minimize the length of student exclusions o PBIS is a BIG part of this! So is: § Restorative justice § Parent notification/involvement § Detention § Loss of privileges § In-school suspension

Terminology • Appropriate and available support services o o o o o Counseling or social work services Tutoring to facilitate make-up work Placement in alternative school or program Referrals to outside resources Online coursework Therapeutic resources Wrap-around services Rehabilitation services Community resources In-school suspension or other in-school alternative environments