Fix School Discipline Toolkit for Educators | Page 13

Moreover, the California Education Code requires
that for most offenses, including where a student is
threatening to disrupt instruction, suspension shall
ONLY be used when other means of correction have
been utilized and have failed.26 In addition, as of
January 1, 2015, schools may not suspend students
in grades K-3 for “disruption” and “willful defiance,”
as defined in California Education Code section
48900(k); they also cannot expel students in any
grades for such offenses27.
In sum, in order to ensure equal and consistent
application of discipline, schools must have a clear and
consistently applied system for providing interventions
prior to out-of-school removals and to ensure that
students are not receiving different punishments for the
same conduct. The whole-school strategies and systems
laid out in this Toolkit are designed to help schools
meet the requirements in California law and, several
of them, including positive behavior supports (also
known as positive behavior interventions and supports)
and restorative justice, are explicitly outlined in law as
other means of correction that can and should be used
across the District.28 In addition, the Individuals with
Disabilities in Education Improvement Act discusses
consideration of the use of school-wide positive
behavior interventions and support (SWPBIS) when
data shows disparities related to long-term suspensions
and expulsion for students with disabilities, and it
provides that federal funding can be used to support
SWPBIS implementation for all students.29
26 Cal. Ed. Code § 48900.5(a), which provides: “Suspension, including
supervised suspension as described in Section 48911.1, shall be imposed
only when other means of correction fail to bring about proper conduct.”
27 Assembly Bill 420, http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB420
28 Cal. Ed. Code § 48900.5: “(b) Other means of correction include, but
are not limited to, the following: (1) A conference between school personnel, the pupil’s parent or guardian, and the pupil. (2) Referrals to the
school counselor, psychologist, social worker, child welfare attendance
personnel, or other school support service personnel for case management and counseling. (3) Study teams, guidance teams, resource panel
teams, or other intervention- related teams that assess the behavior,
and develop and implement individualized plans to address the behavior
in partnership with the pupil and his or her parents. (4) Referral for a
comprehensive psychosocial or psychoeducational assessment, including
for purposes of creating an individualized education program, or a plan
adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973
(29 U.S.C. Sec. 794(a)). (5) Enrollment in a program for teaching prosocial
behavior or anger management. (6) Participation in a restorative justice
program. (7) A positive behavior support approach with tiered interventions that occur during the schoolday on campus. (8) After-school
programs that address specific behavioral issues or expose pupils to positive activities and behaviors, including, but not limited to, those operated
in collaboration with local parent and community groups. (9) Any of the
alternatives described in Section 48900.6.”
29 See, e.g., 20 U.S.C. § 1465, the Secretary may support and fund
activities, including training and implementation that increase behavioral
supports and research-based systemic interventions for ALL students,
among these positive behavior interventions and supports is explicitly included.; 20 U.S.C. § 1414 (d)(3) (B) (i), “The IEP Team shall-- (i) in the case

The California Legislature has made it clear that
state policy does not support unequal application
of discipline practices or harsh and punitive
punishments. Rather, it is state policy to “provide
effective interventions for pupils who engage in
acts of problematic behavior to help them change
their behavior and avoid exclusion from school.”30 In
addition, the Legislature has declared that
(a) The overuse of school suspension and expulsion
undermines the public policy of this state and does not
result in safer school environments or improved pupil
behavior. Moreover, such highly punitive, exclusionary
practices are associated with lower academic
achievement, lower graduation rates, and a worse
overall school climate
(b) Failing to teach and develop social and behavior
skills in pupils leads to the depletion of funding
through decreased average daily attendance, increased
rates of teacher turnover, and increased pupil dropout
rates.
(c) School suspension and expulsion are
disproportionately imposed on pupils of color, pupils
with disabilities, lesbian, gay, bisexual, and transgender
pupils, and other vulnerable pupil populations.
In conclusion, schools and school districts must
look closely at their current discipline practices,
disproportionate impacts of various student groups,
and differential treatment and ensure that they have
a uniform, consistent, and clear alternative system
that focuses on ways to address unwanted student
behaviors and supports positive behavior other than
through out-of-class and out-of-school removals.

TIP:

When you are deciding which alternative
strategies you would like to see implemented
in your district, it is important to understand the strategies,
how they work in practice, and how your school or district can
begin to implement them. The following pages are designed
to give you a more in-depth understanding of each strategy
and help you share this knowledge with your district.

of a child whose behavior impedes the child’s learning or that of others,
consider the use of positive behavioral interventions and supports, and
other strategies, to address that behavior.”; 20 U.S.C. § 1412(a)(22)(A):
“The State educational agency [shall] examine[] data, including data
disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions
of children with disabilities. . .If such discrepancies are occurring, the
State educational agency reviews and, if appropriate, revises (or requires
the affected State or local educational agency to revise) its policies,
procedures, and practices relating to … the W6R