New law limits student discipline measure | EdSource:
New law limits student discipline measure
Fewer than 11,000 of California’s 6.2 million students will likely be affected each year by a new law that limits the use of “willful defiance” as a reason to expel or suspend students. But Gov. Jerry Brown’s signature on the bill signifies a growing commitment on the part of the state to find more positive approaches to disciplining students.
Assembly Bill 420 – signed by Brown on Saturday – eliminates willful defiance or disruption of school activities as a reason to expel students. It also prevents administrators from using that reason to issue suspensions to K-3 students. The willful defiance category has come under fire because it has been disproportionately used statewide to discipline African-American students and, in some districts, Latino students. In 2012-13, African-Americans made up about 6 percent of total enrollment, but 19 percent of suspensions for defiance.
“California is now the first state in the nation to take badly needed measures to curtail suspensions and expulsions for minor misbehavior in our schools,” said
Assemblyman Roger Dickinson, D-Sacramento, who introduced the bill.
“Kids who have been suspended or expelled are two times more likely to drop out and five times more likely to turn to crime,” Dickinson said in a statement. “Rather than kicking students out of school, we need to keep young people in school on track to graduate, and out of the criminal justice system.”
For the past three years, legislators and advocates have focused on willful defiance, which accounted for almost half of suspensions. During that time, a few districts, such as
Los Angeles Unified and
San Francisco Unified, have eliminated the category for expulsions and suspensions, and
other districts have relied less heavily on it. The
most recent data from 2012-13 show that only 495 students statewide were expelled for willful defiance, accounting for 6 percent of all expulsions. But about 43 percent of all suspensions cited willful defiance, which has been interpreted broadly by some schools to include anything from not turning in homework to disrespecting a teacher and disrupting the class.
“California is now the first state in the nation to take badly needed measures to curtail suspensions and expulsions for minor misbehavior in our schools,” said Assemblyman Roger Dickinson, D-Sacramento.
Altogether, 10,190 K-3 students were “suspended from school” in 2012-13 as the result of a willful defiance incident, according to the California Department of Education. That year, districts issued 15,528 suspensions to K-3 students where willful defiance was the most serious offense – a larger number than the statewide student count because some students received more than one suspension. Under the new law, teachers can still send a misbehaving student to the principal’s office, but the principal cannot send the student home.
“We believe that prohibiting the suspension of students in K-3 for willful defiance is consistent with the intent of the Education Code,” said Laura Preston, a spokeswoman for the administrators association. She pointed to
other parts of the code that only allow suspensions and expulsions for “hate violence” or for “harassment” beginning in grade 4.
Not all administrators are happy with the new law limiting the use of willful defiance, however.
