Thursday, May 2, 2013

Lousiana Legislative Session 2013: House Bill 646

Here's my testimony to the Louisiana House Committee on Education in support of House Bill 646,  a bill to increase the use of positive behavior supports and interventions and restorative practices in schools.


Good morning.  My name is Jolon McNeil and I am the Managing Director and Schools First Project Director at the Juvenile Justice Project of Louisiana.  The Juvenile Justice Project of Louisiana is a non-profit reform and advocacy organization whose mission is to transform the state’s juvenile justice system into one that builds on the strengths of young people, families, and communities to ensure that children are given the greatest opportunities to grow and thrive.  While JJPL has traditionally worked to reform the juvenile justice system from the back-end, we have expanded to address the policies and practices of our educational systems that funnel children into the juvenile justice system.  Our work in the intersection of juvenile justice and education seeks to reduce the number of students suspended, expelled and pushed out of schools and derail the “school-to-prison pipeline.”

One of the strengths of our young people, families and communities is their belief and investment in education as the most promising tool to create life opportunities.  For decades, school discipline policies and practices, most specifically exclusionary discipline policies such as zero tolerance have pushed children out of school, instead of helping to keep them in school.  Research shows that these policies and practices to not improve student behavior, they exclude students from educational opportunities and increase students’ chances of involvement in the juvenile or criminal justice systems.  House Bill 646 can decrease the number of students pushed out of schools and increase the number of safe successful students.

In response to intensifying discourse about school safety and climate, many school districts have adopted zero tolerance policies.  These policies have become part of the language of the education sector as a response to student misbehavior and to create positive learning environments that impact student achievement.  Though there is still much variation in the definitions and practice of zero tolerance policies, most zero tolerance policies have broadened beyond its the origins to fighting, threats or swearing. Zero tolerance policies applied to school discipline results in draconian punishments for even the smallest infractions and things that couldn’t rationally be considered a disruption.

Zero tolerance policies in schools generally result in suspensions, which are most often used to punish non-violent, minor disruptions such as tardiness, disrespect or willful disobedience; in contrast to the original intent of such policies, suspensions for the most serious cases, including drugs, weapons, assaults, happen infrequently.  The state average for out-of-school suspensions is 30% higher than the national average.

However, these policies yield little evidence of their contributions to safe schools of improving student behavior, or in creating a better learning environment, but often is a predictor of further exclusion from school. Daniel Losen, a prominent researcher on exclusionary school discipline policies sums up the problem perfectly in “Discipline Policies, Successful School, and Racial Justice” (2011):
 If suspending large numbers of disruptive students helped improve instruction and the learning environment, better academic results should be expected.  But this does not seem to happen.  Instead, research on the frequent use of school suspension had indicated that, after race and poverty are controlled for, higher rates of out-of school suspension correlate with lower achievement scores.

Students who fall victim to exclusionary discipline practices lose instructional time, which affects academic achievement; not only do these students miss time due to the period of exclusion, but they can lose time due to the wait time associated with discipline hearings and also through delays in readmission.  Consequently, students who are not in school, particularly because of exclusionary discipline practices, experience a “suspended education.” Again, House Bill 646 challenges schools and school districts to think critically about the correlation between out-of-school suspension and academic achievement and pushes them to exercise other options to create safe successful students.

Instead of improving student outcomes, zero tolerance policies, specifically out-of-school suspensions increase the likelihood of involvement in the justice system.  Juvenile and adult corrections facilities are filled with people who have experienced these policies and practices:

  • §  Two thirds of the “typical ninth graders” who went to prison had been suspended at least once in eighth grade (Losen and Skiba, 2010)
  • §  For girls, experiencing a suspension or expulsion during middle school is the strongest predictor of later arrest in adolescence (Wallace et al, 2008)
It is crucial to address the reliance on exclusionary discipline practices that push students out of schools and House Bill 646 offers options for school and school districts where the use of those practices serves as the only option for discipline infractions.  House Bill 646 can have a significant impact on student success in school.

In this era of heightened accountability for school improvement and student achievement with the latest federal programs and incentives, school climate, including school and classroom-level discipline are important to ensure a positive learning environment.  School culture and climate are among the top influences in affecting improved student achievement as it sets the foundation for the learning environment.  Schools with positive discipline practices have effective behavioral interventions that don’t push students out of school and into a greater likelihood of involvement in the justice system.  These schools are healthy learning environments that promote student learning and social growth and students in these environments earn higher scores on standardized tests.  In contrast, schools with higher rates of school suspension and expulsion have poorer outcomes on standardized testsFor example in the New Orleans system of schools, 52% of the schools that earned an F school performance letter grade have suspension rates at or above the state average. House Bill 646 promotes positive student environments and student learning through the increase of alternatives to suspension and expulsion and the increase use of positive behavior interventions in schools.

A positive school climate with positive asset-based discipline lends itself to more engaged students, more engaged parents, better student performance and thus better schools.  An educated citizenry is important to our state and to our country and practices that push our youth out of schools to not serve us.  The focus of education reform has been on the academic intervention of our young people and it has constricted the narrative of the work of educators.  The duty to care for the social development of students is crucial. HB 646 offers much needed guidance to schools and school districts relative to school discipline to enhance the social development of our youth, particularly our most vulnerable students. 

Given our country’s values and in our deep abiding belief in the transformational power of education, how do we maintain the status quo of policies when we know that they don’t work for our young people? That in fact they do more harm by pushing them out of school and excluding them from educational opportunities.  Our country, our state, our economy and our democracy benefits when we consider all the options to keep young people in school.  HB 646 gives reason to be optimistic about better student performance, better schools, safe successful students and ultimately a better Louisiana.


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