I chose the 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 critical matter and trending topic. 

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

 As an administrator, Mrs. Holcombe must attend training on school discipline laws, including distinctions between a principal’s discretionary discipline management techniques. In addition, Mrs. Holcombe stays current on school suspensions through professional development that addresses Chapter 37 of Texas Education Code updates and PEIMS discipline coding for administrators' training. She has offered her opinion in professional development courses and shared various ideas based on personal experience dealing with students.  

The most recent legislation that affects suspension is that districts cannot 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 consider 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 alternative measures such as behavior intervention support programs are essential. 

Mrs. Holcombe also stated that students with disabilities have additional due process rights regarding suspensions. She said depending on the level of disability of the student, and they can tell their side of the story or get someone to advocate for them.

Mrs. Holcombe 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. She mentioned that legally once a student in special education has met their 10 with both in school and out of school suspension, a Manifestation Determination Review (MDR) must take before a consequence is given each time after the 10th day of removal.

Mrs. Holcombe 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 contributing to a child’s behavior before determining an appropriate behavioral intervention:  whether the child is in foster care or experiencing homelessness. Al child listed as homeless cannot be issued an out-of-school suspension.

Mrs. Holcombe 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 Mrs. Holcombe, she acknowledged having a legal guide would be helpful to administrators, faculty, and staff. She would prefer a one-stop place he could go to for answers or direct a faculty member for information rather than relying on Google.  

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 the 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 ten days or fewer in-school suspensions is twice as many white students and three times as many as Hispanic students.

Reference:
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 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. 

Reference:
U.S. Cons. amend. XIV, § 1.

Link to Law- https://www.senate.gov/civics/constitution_item/constitution.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 campus principal's office. 

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

Reference:
Tex. Educ. Code § 37.005

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

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. 

Reference:
Tex. Educ. Code § 37.0832
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

ASCA Ethical Standards for School Counselors A.10 

Reference:
American School Counseling Association. (2016). Ethical standards. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

Best Practices for School Counselors

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.

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