Relates to school climate and codes of conduct on school property and disciplinary action following violation of such codes of conduct; makes conforming amendments.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5197
SPONSOR: Nolan TITLE OF BILL:
An act to amend the education law, in relation to school climate and
codes of conduct on school property and disciplinary action following
violation of such codes of conduct; and to amend the education law, in
relation to making conforming amendments
PURPOSE OR GENERAL IDEA OF BILL:
To reform school discipline policies to ensure the application of fair
and equitable school discipline for all students.
SUMMARY OF PROVISIONS:
1. Amends Education Law § 2801: Requires schools to develop a code of
conduct to promote and sustain a safe, respectful and supportive school
environment.
* Requires notice and hearing of adoption of discipline code.
* Code shall define violations and set expectations for student conduct:
* Code shall include a range of age-appropriate graduated disciplinary
measures including restorative practices;
* Code shall require schools to use the least severe action necessary to
respond to a code violation;
* Removals and suspensions shall not be used for tardiness, unexcused
absence from class or school, leaving school without permission,
violation of dress code and lack of ID;
* Suspensions not permitted for willful disobedience;
* Students in pre-K through grade 3 may not be suspended except if
suspension is necessary to comply with applicable federal law; and
* Alternate education must be provided during removal/suspension.
2. Amends Education Law § 3214:
* Creation of alternate learning sites during removal or suspension. *
Factors and considerations in determining a suspension including: * The
likelihood that a lesser intervention/discipline would adequately
address misconduct, redress harm and prevent future violations of code;
and
* Suspensions as a last resort.
* Suspensions shall be limited to no longer than 20 school days.
* Requirement that investigation of a report of a violation of the code.
* Notice to student charged that statements are voluntary and statements
shall not be requested of students who have-been arrested or are under
consideration for referral to law enforcement.
* Decisions to suspend must consider the facts of. the case, including:
* the nature and impact of the student's misconduct; and
* the student's age, ability to speak or understand English, mental
health, and disabilities; and
* student's willingness to resolve the conflict and repair harm; and
* student's prior conduct, appropriateness of prior interventions.
* Notice and due process' protections for short and long term
suspensions.
* Requirement of education plan for suspended students within 24 hours
with possibility of extension to next school day.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
JUSTIFICATION:
Current law controlling school discipline has been shown to have a
disproportionately negative effect on students of color, students with
disabilities and students who identify as LGBTQI. During the 2016-2017
school year, Black students in New York public schools outside of New
York City were suspended at four times the rate of their White peers. In
New York City public schools, Black students were suspended at five time
the rates of their White peers. Students with disabilities represent
18.7% of all students, but account for 38.6% of all suspensions. Across
the state, the racial disparities in school disciplinary actions are
widespread and persistent. In Westchester County, Black students are 11%
of all students, but 40% of all students are suspended at least once. In
Suffolk County, Black students are 8% of all students enrolled, but 24%
of all students suspended. In Erie County, Black students are 5% of all
students but 21% of all suspensions. Black girls across New York State
face the harshest racial disparities in school discipline. In public
schools outside of New York City, Black girls in middle school and
elementary schools are nearly eight times more likely to be suspended
from school than their White peers. In New York City high schools, Black
girls are.six times more likely to be suspended from school. Research
shows exclusionary discipline such as suspensions and expulsions are
ineffective and have long lasting impacts on student's academic futures
and lives. One suspension in high school has been linked to students
being twice as likely to drop out of school and exclusionary discipline
has been linked to students more likely to be held back a grade, lose
critical instruction time, drop out before graduation, and to come in to
contact with the juvenile justice system and the criminal justice system
later in life. In 2014, the Department of Justice and Department of
Education released School Discipline Guidance recommending school
districts to move away from harsh and ineffective school discipline
policies causing disparate impacts in school discipline outcome and to
adopt fair, age appropriate, graduated, and positive alternatives to
classroom removals, suspensions and expulsions. In 2018, the New York
State Board of Regents adopted these recommendations. Across the state,
the racial disparities in school disciplinary actions are widespread and
persistent. In New York State, students lose 686,686 days of school a
year due to suspensions. Black students in New York State, per every
100, are forced out of school for more days than Black students attend-
ing public schools in New Jersey, Pennsylvania, Connecti- cut, Alabama,
Mississippi,. California and Texas. There is nearly a 19-point percent-
age gap in the graduation rate between Black students and their white
peers in New York State. Students must be in class receiving instruction
in order to close that gap. The joint Guidance in 2014, from the DOJ and
DOE included the recommendation guidance that recommends school
districts "explicitly reserve the use of out-of-school suspensions,
expulsions, and alternative placements for the most egre- gious disci-
plinary. Infractions that threaten school safety and when mandated by
federal or state law." 5.767 will create fair and equitable school
discipline policies and practices, and reduce the troubling racial
disparities by eliminating suspensions for minor infractions (late to
class, cursing, insubordination) in all grades, limiting long- term
suspensions from 180 days to 20 days, and prohibiting suspensions for
students in K-3rd grades.
PRIOR LEGISLATIVE HISTORY:
A01981B - 2020
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE HATE:
Immediate.
