New law limits suspensions

The growing mountain of national data suggests that punitive discipline that removes students from school leads to lower graduation rates. If students aren’t in school, they’re not learning, and we are putting them at greater risk.

Academic failure is a significant predictor of later occupational and legal problems as an adult.

In response to this finding, the Legislature passed House Bill 1541 that specifically addresses suspension and expulsion and significantly changes student discipline laws. The law limits long-term suspensions and expulsions from the prior limit of one calendar year. The suspension or expulsion must not exceed the length of an academic term. Long-term suspension or expulsion must not be used as discretionary discipline. That violates the rules of student conduct. School districts may no longer use long-term suspension or expulsion except in response to the following situations: 1. A violation of the prohibition against firearms on school premises, transportation or facilities;

2. Certain violent offenses, sex offenses, offenses related to liquor, controlled substances, toxic inhalants, certain crimes related to firearms, assault, kidnapping harassment and arson;

3. Two or more violations within a three-year period of criminal gang intimidation or other gang activity on school grounds, possessing dangerous weapons on school facilities, willfully disobeying school administrators or refusing to leave public property, or defacing or injuring school property; and

4. Behavior that adversely impacts the health or safety of other students or educational staff.

Even with those violations, districts should consider alternative actions before using long-term suspension or expulsion.

Additionally, the law requires that school districts may not suspend the provision of educational services. Districts must provide students with an opportunity to receive educational services during the time of suspension or expulsion. Services may be provided in alternative settings or in alternative ways. Lastly, the district must convene a re-engagement meeting with the student and family prior to the student returning from a long-term suspension or expulsion.

School districts are currently working on how best to implement this new law while still providing the required services and maintaining a safe learning environment for all students. Clearly, suspension has not worked but the best solution is still a work in progress.

Kathy Ehman is the assistant superintendent at Arlington Public Schools, whose column runs monthly.