I chose suspension of students as a topic due to the ongoing legal issues dealing with due process, FERPA, etc. within school districts and the disproportionate number of minority students school suspensions affect. My goal is to be a resource in finding a solution to this important matter and trending topic. 

Interviewee: Thurman Brown

Professional Occupation: Principal

Link- https://www.connally.org/o/junior-high-school

I interviewed Thurman Brown, Principal at Connally Junior High School in Elm Mott, Texas.  Mr. Brown and I discussed what his views are regarding best practices regarding suspending students in Connally ISD.  Connally ISD’s policy is 1) do not suspend a student unless it is absolutely necessary. There are other mechanisms in place approved by the Board of Trustees to keep students in a learning environment in lieu of suspension unless absolutely required due to a criminality, such as committing a felony.  Other alternatives to out of school suspension are in school suspension and behavior intervention support programs. 2) Another best practice utilized is to have a well enforced discipline policy. A well-enforced discipline policy is one that teachers have knowledge of and understand how to implement. This includes professional development and staff training.  3) School-wide interventions, that use proactive, preventative approaches and address the underlying cause or purpose of the behavior, and reinforce positive behaviors, is another best practice. Interventions have been associated with increases in academic engagement, academic achievement, and reductions in suspensions and school dropouts.

Connally ISD monitors suspensions closely. Specifically, the Superintendent and School Board look at the distribution of suspensions per demographics- social economic,  race, and others special populations.  Section 504 of the Rehabilitation Act of 1973, Individuals with Disabilities Education Act, and Americans with Disabilities Act of 1990  govern discipline of students with disabilities. Suspension of students classified has having a disability, Special Education or receiving 504 services are strictly scrutinized to ensure compliance with students IEP, Accommodations and Behavior Intervention Plan.  Our policy is to insure compliance with all legal laws and to insure equity to the greatest extent possible. 

While Mr. Brown attends monthly board meetings and administrative professional development opportunities throughout the year, he has not had an opportunity to directly write or sit on the committee dealing with school discipline. As an administrator, Mr. Brown is required to attend training on school discipline laws, including distinctions between a principal’s discretionary discipline management technique and a teacher’s discretionary authority to remove a disruptive student from the classroom once every three years.  In addition, Mr. Brown  stays current on school suspensions through professional development that addresses Chapter 37 of Texas Education Code updates and PEIMS discipline coding for administrators training. In professional development courses, he has offered his opinion and shared various ideas based on personal experience dealing with students.  

The most recent legislation that affects suspension is the fact that districts are not able to suspend students that are homeless or McKinney Vento students. New legislation in 2019 (HB 692) prohibits a district or charter school from placing a homeless student in out-of-school suspension except in the case of conduct including weapons, violence or drugs/alcohol on school property or during a school-related activity.  (House Bill 692: TEC §37.005). Unfortunately, the inability to suspend these students often makes it difficult to deal with out of control behaviors when you are unable to suspend.  The new legislation requires school districts to use other disciplinary methods like in-school suspension. 

Senate Bill 424 is still pending but would require districts to take into account a student's homeless status or foster care placement before taking disciplinary action against the student.  The campus behavior coordinator can coordinate with the district’s homeless education liaison to identify appropriate alternatives. This is why I believe alternative measures such as behavior intervention support programs are essential. 

Mr Brown also stated that students with disabilities have additional due process rights regarding suspensions. He mentions depending on the the level of  disability of the student he or she can tell their side of the story or get someone to advocate for them.

Mr. Brown is concerned that the new legislation hinders the safety of students and staff when a student that can not be suspended commits certain offenses and they are barred from suspension. He mentioned that the  rules state a special ed student can only get 10 days of suspension for the school year,  but as far as as a student that’s not receiving any service 3 consecutive days at a time without breaking the rules and regulations for that student. His frustrations comes in when grades below 3rd can not be suspended, due to rules and regulation , it causes safety concerns for  other students. He stated in situations like that we’ll have to implement new strategies for that student and the safety for other students,   

 

Mr. Brown also addressed HB 811. Under HB811, when determining whether to suspend, expel, or remove a child to a disciplinary alternative education program, the Education Code requires that educators consider mitigating factors such as whether the behavior was in self-defense or related to a disability.  HB 811 now requires all Texas school districts to consider two additional factors that might be contributing to a child’s behavior before determining an appropriate behavioral intervention:  whether the child is in foster care or experiencing homelessness.  

Mr. Brown stated the purpose of HB 811 is to ensure that school administrators consider why a child might be misbehaving and help the child in a supportive way, as opposed to punitive measures.  

When I explained the purpose of this assignment to Mr. Brown, he acknowledged having a legal guide would be helpful to administrators, faculty and staff. He would prefer a one-stop place he could go to for answers or direct a faculty member for information rather than relying on Google. Often teachers just try to Google the answer rather than asking an administrator for direction. Mr. Brown appreciates the teacher for using readily available resources, he would prefer a mechanism that is shared throughout the school so all teachers, faculty and staff see the same information as it relates to a specific topic. 

Citation- Cai, J. (n.d.). Special Ed Discipline Disparities. Retrieved August 21, 2020, from https://www.nsba.org/ASBJ/2019/August/Special-Education-Disparities

Summary- The Numbers Reveal the Need for Positive Practices article addresses the disproportionate rates of students of color in special education being suspended. The disproportionate rate is due to a lack of understanding of the procedural safeguards of Individuals with Disabilities Education Act (IDEA) can put administrators in a difficult position in terms of disciplining students with disabilities. IDEA does allow schools to discipline students with disabilities. However, the law’s procedural safeguards were designed to ensure that students receiving special education are not arbitrarily removed.  Special education students are guaranteed a free and appropriate public education within the least restrictive environment. According to the study, the proportion of African American students who experienced 10 days or fewer in-school suspensions is twice as many white students, and three times as many as Hispanic students.

 

Citation- Swaby, A., & McCullough, J. (2019, December 17). Students face felony charges, expulsions as Texas schools ramp up fight against vaping. Retrieved January 22, 2020, from https://www.texastribune.org/2019/12/17/texas-schools-vaping-surge-expulsions-felony-charges/

 

Summary: 

 

Citation-Swaby, A. (2019, July 24). Texas just made it easier to punish students who harass teachers. Will the law be misused? Retrieved from https://www.texastribune.org/2019/07/24/texas-made-it-easier-punish-students-who-harass-teachers/

Summary-
·         The 86th Texas Legislature passed several bills in 2019 that made changes to the school safety and student discipline section of the Texas Education Code. Proponents say Texas has made it easier to punish students who harass teachers.

·         Proponents say Texas has made it easier to punish students who harass teachers. Opponents say the law is too vague, broad and will be misused.

·         The article explores Senate Bill 2432 (S.B. No. 2432) which amends Texas Education Code § 37.006(a) which requires a school district to place a student in a Disciplinary Alternative Education Programs (DAEP)

·         A 2012 national survey stated 10% of Texas teachers reported being threaten with injury by students at their school.

·         Teachers often find it hard to speak publicly about these incidents, fearing that reporting them makes them look powerless or ineffective.

·         School districts already prohibit students from harassing other students. S.B. 2432 adds an additional consequence when the harassment is directed towards a school district employee.

·         Students transferred to DEAP’s are more than three times more likely to drop out of school.

·         Black students are more likely to end up in disciplinary alternative education programs, white students were less likely and Hispanic students were proportionately represented.

·         The requirements set out in S.B. 2432. If a student involved has a disability that likely caused or contributed to the behavior, school officials cannot discipline him or her by sending the student to DAEP.

·         Also House Bill 811, adds a student’s status as homeless or in the conservatorship of Department of Family Protective Services (DFPS) to the list of mitigating factors that must be considered as a factor in any decision concerning suspension, removal to a DAEP, expulsion or placement in a JJAEP, regardless of whether the decision is characterized as mandatory or discretionary

·         The bill defines a student who is homeless in accordance with the federal McKinney-Vento Homeless Assistance Act.

 

Citation- U.S. Cons. amend. XIV, § 1.

Link to Law- https://www.senate.gov/civics/constitution_item/constitution.htm

Summary- The Fifth and Fourteenth Amendments of the U.S. Constitution require that no person should be deprived of "life, liberty, or property” without due process of law. 

Citation- Tex. Educ. Code § 37.005

Link to Law- https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Summary- Summary of the Law: The board of trustees of an independent school district shall adopt a student code of conduct for the district. The student code of conduct must be posted and prominently displayed at each school campus or made available for review at the office of the campus principal. 

What it requires: Under the suspension code of conduct requires a principal or administrator can suspend  a student no more than  3 day, but only grades 3rd and up.

Citation- 34 CFR § 300.530

Link to Law- https://gov.ecfr.io/cgi-bin/text-idx?SID=6f4c757303b084ae4e786293b4e5c034&mc=true&node=se34.2.300_1530&rgn=div8

Summary- School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with a disability who violates a code of student conduct. School personnel may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days

Citation- Goss v. Lopez, 419 U.S. 565 (1975)

Link to Law-

Summary- Summary of the Law: When school suspension is for less than 10 days, the United States Supreme Court specified the minimum due process requirements. 

What is required: The student is entitled to receive at least: 1) notice of the specific charges and the proposed punishment, 2) an explanation of the evidence against the student, and 3) an opportunity to challenge the charges in front of an objective person, usually in an informal conference or hearing.

Link- https://pol.tasb.org/Policy/Download/867?filename=FOB(LEGAL).html&title=STUDENT%20DISCIPLINE&subtitle=OUT-OF%20-%20SCHOOL%20SUSPENSION

Summary-  The local policy regarding students is aligned with Texas Education Code. The Texas Education Code and Waco ISD policy states: A student who is enrolled in a grade level below grade 3 may not be placed in out-of-school suspension unless while on school property or while attending a school-sponsored or school-related activity on or off of school property, the student engages in 1) conduct that contains the elements of an offense related to weapons, 2) conduct that contains the elements of a violent offense related under Penal Code, or 3) selling, giving, or delivering to another person or possessing, using, or being under the influence of any amount of marijuana or a controlled substance, a dangerous drug, or an alcoholic beverage. 

ASCA Ethical Standards for School Counselors A.10 

Citation- Council on School Heath, (2013, March 1). Out-of-School Suspension and Expulsion. Retrieved from https://pediatrics.aappublications.org/content/131/3/e1000

Summary- The article educates its reader on the importance of school districts to adopt codes of conduct for expected behaviors and policies to address unacceptable behavior and the role a pediatrician cna play. School boards have to weigh the severity of the offense against the student’s due process and student’s rights. Pediatricians should be prepared to assist students and families affected by out-of-school suspension and expulsion and should be willing to guide school districts in their communities to find more effective and appropriate alternatives to exclusionary discipline policies for the developing child. 

Best Practices for School Counselors