Student Fair Access To School Act of 2017

Download as pdf or txt
Download as pdf or txt
You are on page 1of 12

1 ______________________________ ______________________________

2 Councilmember Anita Bonds Councilmember David Grosso


3
4 ______________________________ ______________________________
5 Councilmember Brianne K. Nadeau Councilmember Mary M. Cheh
6
7
8
9
10
11
12 A BILL
13
14
15 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
16
17
18
19 To establish parameters for local education agencies discipline policies to ensure student safety
20 and access to education, including limits on the use of suspensions and expulsions,
21 reporting, and supports provided by the Office of the State Superintendent of Education
22 to promote trauma-informed educational settings.

23 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

24 act may be cited as the Student Fair Access to School Act of 2017.

25 Sec. 2. Definitions.

26 For the purposes of this act, the term:

27 (1) Emergency removal means an immediate removal from the school based on

28 the local education agencys belief that the student's presence poses an immediate and continuing

29 danger to other students or school staff.

30 (2) Emotional distress means significant mental suffering or distress that may,

31 but does not necessarily, require medical or other professional treatment or counseling.

32 (3) Exclusion means the removal of a student from the students daily class

33 schedule for disciplinary reasons, including a suspension, expulsion, or involuntary withdrawal.

1
34 (4) Expulsion means a long-term removal from school attendance and school

35 privileges as a disciplinary action. An involuntary withdrawal shall be considered an expulsion.

36 (5) Involuntary withdrawal means a school administrator-initiated intervention

37 in which the student is removed from his or her school of attendance, for disciplinary purposes,

38 and denied the ability to return, or an involuntary transfer from one campus to another within the

39 same local education agency.

40 (6) Local education agency means the District of Columbia Public Schools

41 system or any individual or group of public charter schools operating under a single charter.

42 (7) Out-of-school suspension means the removal of a student from school

43 attendance during which the student is not under direct supervision of the school personnel and is

44 not allowed on school grounds.

45 (8) Serious bodily injury means bodily injury that involves a substantial risk of

46 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or

47 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

48 (9) Significant bodily injury means an injury that requires hospitalization or

49 immediate medical attention.

50 (10) Suspension means an in-school suspension or out-of-school suspension.

51 (11) Weapon means a weapon, device, instrument, material, or substance,

52 animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily

53 injury.

54 Sec. 3. Establishment of school discipline policies.

55 (a) Local education agencies and schools shall adopt, in consultation with students and

56 parents or guardians, school discipline policies to promote the safety and well-being of students

2
57 and staff. Such policies shall be augmented by school policies promoting students healthy social

58 and emotional development and a positive school climate. Schools shall provide training and

59 support to teachers and other school staff to implement discipline and related policies.

60 (b) School discipline policies shall emphasize the following:

61 (1) Positive approaches to discipline, prioritizing instruction and correction;

62 (2) Limiting the use of exclusion;

63 (3) Avoiding automatic suspension or expulsion unless required by law;

64 (4) Preventive and restorative responses to misbehavior and rules violations;

65 (5) Evidence-based and promising practices; and

66 (6) Communication to students and parents or guardians the explanations of these

67 policies, and the expectations, rights, and responsibilities of students and parents or guardians

68 regarding discipline and school rules violations.

69 (c) School discipline policies shall articulate clear expectations and graduated levels of

70 consequences for misbehavior that are individualized, consistent, reasonable, fair, age

71 appropriate, and which match the severity of the students behavior, specifying the list of

72 responses available to teachers and administrators for each level of consequences, provided that

73 such a list need not be exhaustive.

74 (d) School discipline policies shall clearly articulate the due process rights and

75 procedures available to students and parents or guardians.

76 (e) No student subject to a suspension may be denied the right to continue to access and

77 complete appropriate academic work or earn credit toward promotion or graduation during the

78 suspension.

3
79 (f) The school shall have a generalized plan for continuity of education for any student

80 subject to a suspension, including modifications on a case by case basis to facilitate the students

81 return to the classroom and appropriate measures to ensure the student:

82 (1) Continues the students studies during the suspension and receives all

83 assignments for the duration of the suspension;

84 (2) Can communicate with school personnel regarding academic work; and

85 (3) Receives any necessary support services to address the cause of the

86 suspension.

87 (g) School discipline policies shall outline the procedures for communicating to students

88 and parents or guardians regarding disciplinary actions. School staff shall seek and facilitate the

89 involvement of parents or guardians in the response to an incident resulting in a disciplinary

90 action, particularly with regard to the plan for continuity of education, to the degree that the

91 parent or guardian is able. The return of a student to school upon conclusion of an out-of-school

92 suspension shall not be made contingent on a parent or guardian accompanying the student,

93 attending a conference, or otherwise being present at the school.

94 Sec. 4. Limitations on exclusion as a disciplinary response.

95 (a) No student in kindergarten through grade 8 may be subject to an out-of-school

96 suspensions or expulsion, unless a school administrator determines that the student has willfully

97 caused, attempted to cause, or threatened to cause significant bodily injury or emotional distress,

98 to another person; provided, that such an out-of-school suspension shall be for no longer than 5

99 school days for any individual incident, or 20 cumulative school days during an academic year.

100 (b) Schools administrators may utilize out-of-school suspension or expulsion as a

101 consequence only for the most serious offenses as laid out in school policy; provided, that no

4
102 student in grades 9 through 12, except a student over the age of 18 at a school where more than

103 half of the students are over the age of 18, may be subject to an out-of-school suspension for:

104 (1) Being late to school or class or being absent;

105 (2) Violating local education agency or school dress code or uniform rules;

106 (3) Purely behavioral infractions, including insubordinate behavior, defiance,

107 disobedience, disrespect, or disruptive or rowdy behavior;

108 (4) Behavior that happens off of school grounds and not as part of a school-

109 sponsored activity, unless such behavior results in a significant disruption to the school

110 environment; or

111 (5) More than 10 consecutive school days, or 20 cumulative school days during an

112 academic year.

113 (c) A suspension of 5 school days or less shall be considered a short term suspension and

114 a suspension of 6 school days or more shall be considered a long term suspension.

115 (d) No student may be subject to expulsion except for instances of serious bodily injury

116 or emotional distress, or as otherwise required by District of Columbia or federal law.

117 (e) School administrators shall take special consideration regarding the exclusion of a

118 child with a disability, as defined in section 602(3) of the Individuals with Disabilities Education

119 Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. 1401(3)). Any child with a disability

120 who violates the school discipline policy and is excluded from the childs current placement for

121 more than 5 cumulative school days shall have an individualized education program team

122 determination of whether the conduct in question is a manifestation of any of the students

123 disabilities or diagnosed conditions, consistent with sections 615(k)(1)(E)-(F) of the Individuals

124 with Disabilities Education Act (20 U.S.C. 1415(k)(1)(E)-(F)).

5
125 (1) If the team determines that the conduct was a manifestation of any of the

126 students disabilities or disabling conditions:

127 (A) The student shall be immediately returned to the placement from

128 which the student was excluded; and

129 (B) The individualized education program team shall conduct a functional

130 behavior assessment and implement a positive behavior intervention plan, as well as review and

131 revise the students individualized education program, within 10 school days unless a functional

132 behavior assessment was conducted before the behavior that resulted in the exclusion, and the

133 full individualized education program team, agree otherwise.

134 (2) The parent of a child with a disability who disagrees with any decision

135 regarding placement, or the manifestation determination under this subsection, or a local

136 education agency that believes maintaining the current placement of the child is substantially

137 likely to result in injury to the child or to others, may appeal consistent with section 615(k)(3) of

138 the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)(3)).

139 (3) A child with a disability who is excluded from the childs current placement

140 for more than 5 cumulative school days shall:

141 (A) Continue to receive educational services, as provided in 20 U.S.C.

142 1412(a)(1), so as to enable the child to continue to participate in the general education

143 curriculum, although in another setting, and to progress toward meeting the goals set out in the

144 childs individualized education program; and

145 (B) Receive, as appropriate, a functional behavioral assessment,

146 behavioral intervention services and modifications that are designed to address the behavior

147 violation so that it does not recur.

6
148 Sec. 5. Promotion of trauma-informed educational settings.

149 (a) The Office of the State Superintendent of Education shall support local education

150 agencies and schools to implement strategies to prevent and reduce the use of exclusionary

151 discipline. The Office of the State Superintendent of Education shall maintain an array of

152 supports to develop and sustain trauma-informed educational settings including:

153 (1) Distributing resources that inform local education agencies and school

154 communities about developments in the field; and

155 (2) Providing regular, high quality professional development opportunities, and

156 recommendations for further instruction outside of these opportunities, for employees of local

157 education agencies on:

158 (A) Trauma and chronic stress, their effects on students and learning, and

159 effective responses;

160 (B) Classroom management, positive behavioral interventions, and

161 fostering positive school climate;

162 (C) Disciplinary approaches that utilize instruction and correction;

163 (D) Restorative practices and other evidence-based or promising

164 interventions; and

165 (D) Implicit bias and culturally responsive techniques.

166 (b) The Office of the State Superintendent of Education shall collaborate with other

167 government agencies, LEAs, and postsecondary educational institutions to facilitate the

168 provision of postsecondary degree or certificate programs covering the topics described in

169 paragraph (a)(2), including the identification or creation of a trauma-informed educator

170 certificate program.

7
171 (c) The Office of the State Superintendent of Education shall provide opportunities for

172 LEAs and schools to share promising practices, and shall establish a program for the

173 identification and dissemination of best practices in trauma-informed education.

174 Sec. 6. Annual reporting requirements.

175 (a) Each local education agency and entity operating a publicly funded community-based

176 organization shall maintain data for each student that includes:

177 (1) Demographic data including:

178 (A) The campus attended by the student;

179 (B) The students grade level;

180 (C) The students gender identification;

181 (D) The students race;

182 (E) The students ethnicity;

183 (F) Whether the student receives special education services;

184 (G) Whether the student is classified as an English language learner; and

185 (H) Whether the student is considered at-risk as defined in section

186 102(2A) of the Uniform Per Student Funding Formula for Public Schools and Public Charter

187 Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code 38-

188 2901(2A)); and

189 (2) Discipline data including:

190 (A) Total number of out-of-school suspensions, in-school suspensions, and

191 involuntary dismissals experienced by the student during each school year;

192 (B) Total number of days excluded from school;

8
193 (C) Whether the student was referred to an alternative education setting

194 for the course of a suspension, and whether the student attended;

195 (D) Whether the student was subject to expulsion during the school year;

196 (E) Whether the student voluntarily or involuntarily withdrew from the

197 school during the school year;

198 (G) Whether the student was subject to referral to law enforcement;

199 (H) Whether the student was subject to school-related arrest; and

200 (I) For each suspension, involuntary dismissal, expulsion, or law

201 enforcement referral a description of the action that led to the suspension, involuntary dismissal,

202 or expulsion.

203 (b) By August 15 of each year, each local education agency or entity operating a publicly

204 funded community-based organization shall submit a report to the Office of the State

205 Superintendent of Education disaggregated by each of the demographic categories identified in

206 subsection (a)(1) of this section. The report shall include:

207 (1) The students suspended for at least one and no more than 5 days;

208 (2) The students suspended for at least 6 and no more than 10 days;

209 (3) The students suspended for more than 10 days total;

210 (4) The students who received more than one suspension in a school year;

211 (5) The students who were referred to an alternative educational setting for the

212 course of a suspension;

213 (6) The students involuntarily dismissed for at least one and no more than 5 days;

214 (7) The students involuntarily dismissed for at least 6 and no more than 10 days;

215 (8) The students involuntarily dismissed for more than 10 days total;

9
216 (9) The students subject to expulsion;

217 (10) The students subject to referral to law enforcement;

218 (11) The students subject to school-related arrest;

219 (12) A description of the types of actions that led to the suspension, involuntary

220 dismissal, expulsion, or referral to law enforcement; and

221 (13) The students who voluntarily or involuntarily withdrew from the school

222 during the school year.

223 (c) Each local education agency or entity operating a publicly funded community-based

224 organization shall provide the requested data in subsection (b) of this section in a form and

225 manner prescribed by the Office of the State Superintendent of Education. The OSSE shall

226 collaborate with the LEAs and entities operating a publicly funded community-based

227 organization to develop consistent reporting definitions for the types of actions described in

228 subparagraph (a)(2)(F) and paragraph (b)(10) of this section.

229 (d) By December 15 of each year, the Office of the State Superintendent of Education

230 shall publicly report on the suspensions and expulsions that occurred in District of Columbia

231 public schools during the preceding school year, including a relevant trend analysis.

232 (e) For the purposes of this section, the term:

233 (1) Community-based organization shall have the same meaning as provided in

234 38-271.01(1A).

235 (2) In-school suspension means temporary removal from the students regular

236 class schedule for disciplinary reasons during which the student remains under the direct

237 supervision of school personnel, but does not include time spent by the student receiving in-

238 person instruction consistent with the curriculum of the students daily class schedule,

10
239 participating in counseling or other behavioral health supports, or engaging in restorative

240 practices.

241 (3) Involuntary dismissal means the removal of the student from the school for

242 less than half a school day, during which the student is not under direct supervision of the school

243 personnel and is not allowed on school grounds.

244 (4) Referral to law enforcement means an action by which a student is reported

245 to any law enforcement agency or official, including a school police unit, for an incident that

246 occurs on school grounds, during school-related events, or while taking school transportation,

247 regardless of whether official action is taken. Citations, tickets, court referrals, and school-related

248 arrests are considered referrals to law enforcement.

249 (5) School-related arrest means an arrest of a student for any activity conducted

250 on school grounds, during off-campus school activities (including while taking school

251 transportation), or due to a referral by any school official.

252 Sec. 7. Evaluation report.

253 Within 1 year of enactment of this act, the Office of the State Superintendent of

254 Education shall submit to the Mayor and the Secretary to the Council an evaluative report,

255 developed with rigorous research techniques, of LEA and school implementation of practices to

256 reduce the use of exclusionary discipline and promote safety.

257 Sec. 8. Conforming amendments.

258 (a) Title II of the Attendance Accountability Amendment Act of 2013, effective

259 September 19, 2013 (D.C. Law 20-17; D.C. Official Code 38-235), is repealed.

260 Sec. 9. Fiscal impact statement.

11
261 The Council adopts the fiscal impact statement in the committee report as the fiscal

262 impact statement required by section 4a of the General Legislative Procedures Act of 1975,

263 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a).

264 Sec. 10. Effective date.

265 This act shall take effect following approval by the Mayor (or in the event of veto by the

266 Mayor, action by the Council to override the veto), a 30-day period of congressional review as

267 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

268 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of

269 Columbia Register.

12

You might also like