State legislatures restricting suspension and expulsion July 26

Goal Develop shared understanding of actions state legislatures have taken to restrict use of

Key Takeaways Using legislation to restrict suspension & expulsion is an emerging policy trend

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:

Using legislation to restrict suspension & expulsion is just one of many school discipline

In Colorado • Child care center rules updates (2016) • Colorado Early Learning &

More questions: Contact us: Joellen Kralik Policy Associate 303 -856 -1376 joellen. kralik@ncsl. org

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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

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 Legislation restricts suspension & expulsion for youngest students Connecticut *Oregon DC *California Louisiana Law restricts suspension & expulsion based on type of infraction Arkansas *California Nevada New Mexico North Carolina *Oregon Rhode Island Legislation restricts length of exclusion 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 Connecticut Senate Bill 1053 Pre. K-2 (2015) District of Columbia B 21 -0001 Pre. K (2015) Oregon Senate Bill 553 K-5 (2015) Law Exceptions No out-of-school suspension and expulsion Infractions related to violence, weapons & drugs No suspension or expulsion Violent infractions No out-of-school suspension or expulsion Violent infractions *New Hampshire Establishes a committee to study suspension and expulsion of children in House Bill 1145 licensed preschools and in kindergarten through grade 3. Requires committee to (2016) 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 California Assembly Bill 420 K-3 (2013 -14) Louisiana Senate Bill 54 Pre. K-5 (2015) Law No suspension as a consequence for disruption and defiance 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 Disruption/ California defiance Assembly Bill 420 (2013 -14) Arkansas Senate Bill 1147 (2013) & Rhode Island Senate Bill 2542 (2012) Truancy Oregon Senate Bill 556 (2015) & North Carolina § 115 C-390. 2. Law No expulsion as a consequence for disruption & defiance No out-of-school suspension as a consequence to truancy No expulsion as a consequence to truancy Nevada NRS 392. 467, New Mexico No out-of-school suspension or expulsion & the District of Columbia 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 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-ofschool suspensions of longer than 3 days, expulsions, and disciplinary Illinois Senate Bill removals to alternative schools to be used only if other appropriate and 100 (2015) 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. Prohibits school districts from using long-term suspension or expulsion as Washington a form of discretionary discipline. Defines discretionary discipline as a House Bill 1541 behavioral violation that does not include violent offenses such as those (2016) involving firearms, controlled substances, or gangs.

Using legislation to restrict suspension & expulsion is just one of many school discipline policy reforms states are trying out Louisiana SR 130 (2015) Pennsylvania HR 540 (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. 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) Indiana HB 1635 (2015) 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. 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 Oklahoma SB 911 (2016) California AB 1729 (2011) Allows school boards to adopt a discipline procedure that requires students to perform community service on campus for violating the schools discipline policy. 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. 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 New York State Board of Regents & SEA Michigan State Board of Education “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. ” Michigan’s SBE unanimously approved a “Model Code of Student Conduct 2014. ” The Code articulates the importance of integrating proactive steps of evidencedbased, 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.

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