MULTI-TIERED APPROACH TO STUDENT DISCIPLINE

INTENSIVE Systems for students with high risk behaviors TARGETED Systems for students with at-risk behaviors MULTI-TIERED APPROACH TO STUDENT DISCIPLINE UNIVERSAL Systems for all students, staff & settings MULTI-TIERED MODEL State & National Initiatives Policies & Procedures Other Means of Correction Training Legislative Intent Improve upon the suspension & expulsion process Keep students in class and in school Apply discipline consistently and fairly Local Control & Accountability Plan Student Engagement Attendance Dropout School Climate Connectedness Safety Suspension Expulsion Dear Colleague Letter Reduce disruption and misconduct Support & reinforce positive behavior & character development Apply discipline without discrimination TIER 1: UNIVERSAL ONE PURPOSE: FEDERAL, STATE, LOCAL 4 1) Engage school board members, schools, and the local community 2) Collect, analyze, and make transparent school climate and discipline data 3) Establish clear benchmarks and goals for improving school climate and significantly reducing disproportionate outcomes in the imposition of school discipline 4) Review, revise, and refine school climate and discipline policies, including support services and structures, and the budget funding this work 5) Provide ongoing training and supports for school staff, students, and families 6) Pilot reforms among early adopters, and then leverage lessons learned to inform and implement district-wide reforms RETHINK SCHOOL DISCIPLINE RESOURCE GUIDE FOR SUPERINTENDENT ACTION (2015) 5 RETHINK SCHOOL DISCIPLINE cont d 6 Student Support Services Solutions, Inc. 1

Higher achievement Lower rates of suspension Research has disproven the theory that we must kick out the bad kids so the good kids can learn. Students see it as a personal attack based on a teacher s anger or dislike Assumes kids know their behavior is inappropriate Creates a divide between the teacher and the students Bill Chapter Effective Description SB 1088 381 2013 Readmission AB 1909 849 2013 Foster youth advocacy AB 1729 425 2013 Other means of correction AB 420 660 2015 Willful defiance AB 1806 767 2015 Homeless youth advocacy SB 1111 837 2015 Involuntary transfer AB 379 772 2016 Uniform complaint procedures AB 881 87 2016 Bullying electronic act CHANGES TO DISCIPLINE POLICIES Suspension/ Expulsion Discipline Students w/disabilities Bullying Interdistrict Attendance Foster Homeless Uniform Complaint Procedures Discipline-related forms & notices Progressive discipline matrix Don t forget Annual notification the substitutes! Student, parent, and/or teacher handbooks Enrollment packets Comprehensive school safety plan Bargaining agreement Other policies and administrative regulations AFFECTED BOARD POLICIES AFFECTED DOCUMENTS EC 48900(v) and 48900.5 Suspension, including supervised suspension, shall be imposed only when other means of correction fail to bring about proper conduct. Alternatives to suspension or expulsion provided must be age appropriate and designed to address and correct the student s specific misbehavior. A student may be suspended on a first offense for EC 48900 (a) (e) violations or if determined that the student s presence causes a danger to persons. Discipline Correction When you treat student misbehavior as an instructional opportunity, you give students the chance to learn from their mistakes. - Sprick, CHAMPS, 2009 ASSEMBLY BILL 1729 (Ch. 425, 2012) 11 12 Student Support Services Solutions, Inc. 2

Academic Deficit Functional Factors What is leading to the misbehavior? FINDING THE ROOT CAUSE Environmental Factors Behavior Skill Deficit Staff-parent/guardian-student conference Referrals for case management and counseling Intervention-related teams to assess behavior, and develop and implement individualized plans to address the behavior Referral for a comprehensive psychosocial or psychoeducational assessment which may lead to an IEP or Section 504 Plan Prosocial behavior or anger management program Afterschool program Community service [EC 48900.6] Examples: OTHER MEANS OF CORRECTION 14 Tertiary: Specialized Individualized Systems Community Secondary: Targeted Group (10%-15%) Victim Offender Primary: Schoolwide Systems (80%) Restorative Justice CHANGING SCHOOL CULTURE & CLIMATE 15 OTHER PROGRAMS TO CONSIDER 16 How is danger to persons defined? What age appropriate alternatives are there to address specific misconducts? What resources are available to teachers? How many alternatives to discipline must be implemented before a student can be suspended? Should we have a discipline matrix? How should I document the alternatives to discipline that have been implemented or attempted? How will I know if other staff members have already addressed the same misbehavior? Administrators/Pertinent Staff Board Members Parents Students Teachers Community Partners THINGS TO ESTABLISH 17 TRAINING Student Support Services Solutions, Inc. 3

Data Analysis Suspension & Limitations Involving Law Enforcement Due Process Checklist Coordinated Compliance Review (CCR) California Longitudinal Pupil Achievement Data System (CALPADS) Special Education Students Severity of Offense Hierarchy Federal Reporting Requirements Civil Rights Data Collection (CRDC) Local Control and Accountability Plan (LCAP) Persistently Dangerous Schools TIER 2: TARGETED DATA COLLECTION REQUIREMENTS Grounds for suspension In school and out-ofschool suspension Grounds for expulsion recommendation Outcome of expulsion recommendation Disposition of the student after the period of expulsion Involuntary transfers Number of students suspended & expelled Classification of students Grade level Gender Referral to law enforcement School-related arrest Days missed due to suspension Students with an IEP or Section 504 Plan Homeless children & youth Foster children & youth Unaccompanied youth Custody or other court order considerations Student pending disciplinary action elsewhere DATA ANALYSIS EARLY IDENTIFICATION 22 Removal of a pupil from ongoing instruction for adjustment purposes [EC 48925(d)] Other means of correction Authority Duration What can you do for the student... not to the student to ultimately work with the student? Definition Jurisdiction Age Special Needs FORMULA FOR CHANGE 23 SUSPENSION & LIMITATIONS 24 Student Support Services Solutions, Inc. 4

Who can suspend? EC 48911(a), (h) Superintendent Principal Principal s designee Other administrators at the school Certificated person when no other administrators are on site AUTHORITY & DURATION For how long? EC 48903, 48911(a) Not more than 5 consecutive school days at one time Not more than 20 school days in any school year 10 additional days if student transfers Days of suspension from another school district may or may not be counted 25 EC 48900(s) A pupil shall not be suspended or expelled for any acts unless it is related to school activity or school attendance Tinker v. Des Moines Independent CSD (1969) Actual or foreseeable material and substantial disruption to the educational environment Intrudes upon the rights of other students or collides with the rights of other students to be secure JURISDICTION 26 Students in transitional kindergarten through grade 3 may not be suspended for committing any of the following acts: EC 48900(k) Willful defiance or disruption* EC 48900.2 Sexual harassment EC 48900.3 Hate violence EC 48900.4 Harassment, threat, or intimidation * See next slide regarding teacher imposed suspension EC 48900(v) EC 48910 EC 48900.5 EC 48900(k) Do you have a board policy that authorizes a teacher to suspend? Is this the student s first offense or dangerous to persons? Are there other means of correction that must/can be applied? AGE LIMITATIONS 27 EC 48900(k) EXCEPTION 28 Knife Controlled Substance Sexual Assault & Battery Sexual Harassment Bullying EC 48902 PC 245: assault with a deadly weapon or firearm by any means of force likely to produce great bodily injury PC 626.9: possession or discharge of firearm PC 626.10: bring or possess any dangerous objects/ weapons as specified in the code EC 48900(c) EC 48900(d) Possession or sale of narcotics or of a controlled substance EC 48915(c) violations IMPORTANCE OF DEFINITIONS 29 NOTIFYING LAW ENFORCEMENT 30 Student Support Services Solutions, Inc. 5

(p. 20) Individual with Exceptional Needs Principal or designee must ensure that the peace officer receives copies of the special education and disciplinary records Child Abuse or Neglect Investigations Student must be given the option of being interviewed in private or have a staff member present Release of Student to a Peace Officer School official must take immediate steps to notify the parent/guardian of the removal and where the student will be taken (exception: child abuse case) Action/Event Ed Code Section(s) Student Misconduct 48900,.2,.3,.4,.7 Jurisdiction 48900(s) Other Means of Correction 48900.5 Informal Conference Emergency Situation 48911(b), 48911(c) Administrative Decision 48900, 48915 Involvement of Law Enforcement 48902 Notice to Parent/Guardian Conference with Parent/Guardian 48911(d) 48911(f) LAW ENFORCEMENT INVOLVEMENT 31 SUSPENSION DUE PROCESS CHECKLIST 32 Types of Expulsion Expulsion Process Involuntary Transfers In all instances, the governing board must order the expulsion and the student is considered expelled. Expulsion Long-term removal of a student from school. [EC 48925(b)] Suspended Enforcement Student is permitted to attend a school, class or program within the expelling district. The student is deemed to be on probationary status. [EC 48917] Stipulated Agreement A signed agreement between the district and the parent to bypass the expulsion hearing process. The parent/ guardian must voluntarily agree to the expulsion order. TIER 3: INTENSIVE TYPES OF EXPULSION 34 Did the student commit an expellable act? Does the school have jurisdiction? Is the recommendation for expulsion based on EC 48915 finding(s)? Was substantial evidence gathered to support the finding(s)? Did the school afford the student due process from the date of the incident? Was a meeting held with the parent/guardian to extend the suspension? For a student with exceptional needs, was a manifestation determination meeting conducted? Authority Specified Acts Jurisdiction Only the superintendent or principal can recommend expulsion and only the governing board may order the expulsion. EC 48900(k), (o), (p), (q), (r), (t), and 48900.7 cannot be cited as the sole reason for recommending expulsion. Other than when a student commits an act described in EC 48900(a)-(e), the incident must have occurred at school or at a school activity off school grounds. EXPULSION DUE PROCESS CHECKLIST 35 AUTHORITY & LIMITATIONS [EC 48915] 36 Student Support Services Solutions, Inc. 6

Mandatory Expulsions EC 48915(c) 1. Possessing, selling, or furnishing a firearm 2. Brandishing a knife at another person 3. Selling a controlled substance 4. Committing or attempting to commit sexual assault or sexual battery 5. Possession of an explosive All Others EC 48915(b) or (e) 1. Other means of correction are not feasible or have repeatedly failed to bring about proper conduct 2. Due to nature of violation, the presence of pupil causes a continuing danger to the physical safety of the pupil or others EC 48900 What did the student specifically do? EC 48915 Why does the student need to be expelled? EC 48918 Expulsion REQUIRED FINDINGS 37 EC 48900 vs. EC 48915 38 Amended EC 1981, 1983, 48918; added EC 1981.5 If the hearing officer or administrative panel does not recommend expulsion: [EC 48918(e)] The student is returned to the school from which the expulsion referral was made For a student who committed any EC 48915(c) violation, the student may be referred to his/her prior school or another comprehensive school, or a continuation school (must follow EC 48432.5) This slide only focuses on the impact to expulsion proceedings and does not include other provisions amended by SB 1111 SB 1111 (2014) INVOLUNTARY TRANSFER 39 Districts must establish policies and procedures for transfers (voluntary or involuntary) An involuntary transfer must be based on a finding that the student committed an EC 48900 violation Imposed only after other means of correction fail For first time offense, principal must determine that the student s presence causes a danger to persons or property or threatens to disrupt the instructional process Final decision for an involuntary transfer cannot be made by any staff member at the student s school Duration: one semester plus another semester INVOLUNTARY TRANSFER: CONTINUATION SCHOOL [EC 48432.5 & 48912.5] 40 Districts must establish policies and procedures for transfers Grade spans: K-6, K-8 (for elementary school districts), and/or 7-12 Reasons for transfer: Expelled for any reason, with placement priority for students who were expelled for an EC 48915(c) violation Referred by probation pursuant to WIC 300 and 602 Referred by SARB or other district level referral process INVOLUNTARY TRANSFER: COMMUNITY DAY SCHOOL [EC 48662] 41 Established and maintained by the county board of education Students may be enrolled for the following reasons: Expelled from a school district Referred by SARB On probation A student who is involuntarily enrolled has the right to reenroll in a comprehensive school immediately after being readmitted from an expulsion order or court-ordered placement INVOLUNTARY TRANSFER: COUNTY COMMUNITY SCHOOL [EC 1981 & 1981.5] 42 Student Support Services Solutions, Inc. 7

Prevention Target Identified Issues Follow Legislation Outreach to Community Partners Update Board Policies Administrative Regulations School Procedures Forms & Notices Training Staff Parents Board Members Community Partners Data Collect Analyze Identify Trends Report Adapted from Knoster, T. (1991) MODEL FOR MANAGING COMPLEX CHANGE 43 ACTION STEPS ANNUALLY 44 Maria Hwang de Bravo Student Support Services Solutions, Inc. bravo.maria@s4edconsultants.org (310) 753-2380 Access this PPT by visiting www.s4edconsultants.org CONTACT INFORMATION 45 Student Support Services Solutions, Inc. 8