Alternatives to Suspension

Student Suspension: Should We Be Using It and How Do We Do It Right?

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Other Recommendations

Suggested Alternative

Panel

Panel's Thoughts

Suspensions: Key Points

Due Process

Panel

Western New York Educational Service Council (NYESC) Panel: Alternatives to Suspension

Heather Lyon: Assistant Superintendent for Curriculum, Instruction, and Technology; Lewiston-Porter Chris D'Anna: High School Principal; Lewiston-Porter Jon McSwan: Superintendent; Cleveland Hill Ginelle Morris: Superintendent; Olean City School District Orniece Hill: Assistant Superintendent of Student Support Services; Buffalo Public Schools

Panel's Thoughts

General consensus:

• Violent acts and school safety concerns are reasons for suspensions

• Need additional supports in place when not at school:

counselor, social workers responsible for check-ins (academic engagement, emotional well-being) some districts making major investments in this (Cleve-Hill, for example; BPS increased)

Suggested Alternative

(from Lew-Port Central School District) - Worked with Lori DeCarlo- President of Restorative Justice Education

Use of Alternative Learning Environment rather than suspension (ALE)

• curriculum: Restorative in place
• daily circle and daily counseling (SEL)
• not coded as ISD, used as an alternative for 6-12 ISD, Long term suspension
• Building practices SST process at least 1 x month
• Has green team: AP, SpEd, Counselor, etc to meet weekly, review data for best practices and sharing
• still counts as IEP manifestation

Recommendations

• Consider Adverse Childhood Experiences- ACE (data collected in Cleve-Hill on this for students, especially those suspended)

1. Focus on student strengths, and areas of need
2. Use of Erie County Restorative Coalition, Mindfulness across building

• What is the problem we are trying to solve?

1. considering engagement-incentive: students need to care about (1) the task, (2) the adult assigning the task, (3) what happens if I do not do it
2. Brian Mendler: Time out only works if a student wants time in

Recommendations Cont'd

Recommendations Cont'd

• Code of Conduct: for students and adults: What are your expectations for behaviors?

1. Assemble Code of Conduct (CoC) Committee: Review current CoC vocabulary and remove subjected language
2. Levels of management for 'consequence'

• DEI recommendation: William Blackford, unconscious bias

Due Process

Karl Kristoff- from Hodgsonruss Attorneys

How much process is due?

Two main points:

1. The accused needs notice as to what the expectations are.
2. The accused wants the opportunity to be heard.
3. Ensure there is a prompt and thorough investigation- Who? What? When? Where? How? Why?
4. Collect evidence and interview the complainant and accused student. If no interview, note why.
5. Maintain confidentiality!

Suspensions: Key Points

Karl Kristoff- from Hodgsonruss Attorneys

School districts must adopt a discipline code for student behavior (Ed.Law Sect. 2801, 8 NYCRR 100.2 (1)) that contains:

• Expectations.
• A range of penalties per incident.
• Subject to annual review by BOE.

**Teachers do not have the right to remove a student from class- It's at discretion of the administrator.

Suspensions Cont'd

Suspensions: Cont'd

Karl Kristoff- from Hodgsonruss Attorneys

Building principals may suspend for up to 5 days:

• Give students reasonable notice, explain the basis for suspension (Ed. Law Sect. 3214(3)(b)(1)).
• Immediate notice (24-hr rule)
• Written notice to parents/guardians of suspension; also telephone, if available.
• Describe the incident in reasonable detail; inform parents/guardians of the right to request an informal conference.

***Discipline of Students with disabilities:

• Immediate notice to CSE and parent