policy 5.8 code of student conduct - browardschoolsbcpsagenda.browardschools.com/agenda/01042/item...

Policies 5.8 & 5006 Code of Student Conduct &

Suspension & Expulsion

Special Board Workshop

March 31, 2015

•Michaelle Pope, Executive Director, Student Support Initiatives

•Amalio Nieves, Director, Diversity, Prevention & Intervention

•Debra Kearns, Assistant Director, Expulsions

•Nordia Sappleton, Curriculum Supervisor, Diversity, Prevention & Intervention1

What is PROMISE?

The PROMISE program is an intervention programdesigned to address the unique needs of students(Grades K-12), who have committed specific acts ofmisconduct that might normally lead to a juveniledelinquency arrest and, therefore, entry into thejuvenile justice system. In addition, it serves studentswho have committed behavior infractions related tobullying and harassment.

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Framing the Conversation

• Community Advocacy• State & Federal Guidance• Policy Revision• Communication & Training• Workgroups / Committees

• Code of Student Conduct Committee Members: 29• Suspension and Expulsion Committee: 10

(Membership Overlap: 8)

• Elimination of the Schoolhouse to Jailhouse Workgroup: 49

• PROMISE Advisory Group: 213

The School Discipline Consensus ReportJustice Center – Council of State Governments

REPORT FINDINGS ON SCHOOL DISCIPLINE:

• Millions of students are being removed from their classrooms each year (mostly in middle and high school) for minor misconduct.

• A disproportionately large percentage of disciplined students are youth of color, students with disabilities, and youth who identify as lesbian, gay, bisexual, or transgender (LGBT).

• These students are at a significantly higher risk of falling behind academically, dropping out of school, and coming into contact with the juvenile justice system.

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• When students commit serious offenses or pose a threat to school safety they may need to be removed from the campus or arrested. However, such incidents are relatively rare.

• In schools with high rates of suspension for minor offenses, students and teachers often feel they are not safe or supported in their learning environment.

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• Student and parent groups, advocacy organizations, researchers, professional associations, and school districts have raised the visibility of exclusionary discipline practices across the nation.

• Individual schools, districts, and state education systems are implementing research-based approaches to:

• Address student misbehavior that hold youth accountable

• Address victims’ needs

• Effectively improve both student conduct and adult responses

• These approaches also help keep students engaged in classrooms and out of courtrooms.

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• Local and state governments must not only help schools reduce thenumber of students suspended, expelled, and arrested, but mustalso provide conditions for learning wherein all students feel safe,welcome, and supported.

• Achieving these objectives requires the combination of a positiveschool climate, tiered levels of behavioral interventions, and apartnership between education, police, and court officials that isdedicated to preventing youth arrests or referrals to the juvenilejustice system for minor school-based offenses. 7

Amendments to Zero ToleranceF.S. 1006.13

• “… Intent - to promote a safe and supportive learning environment in schools, to protect students and staff from conduct that poses a serious threat to school safety, and to encourage schools to use alternatives to expulsion or referral to law enforcement agencies by addressing disruptive behavior through restitution, civil citation, teen court, neighborhood restorative justice, or similar programs.”

• “… zero-tolerance policies are not intended to be rigorously applied to petty acts of misconduct and misdemeanors, including, but not limited to, minor fights or disturbances.”

• “… Zero-tolerance policies do not require the reporting of petty acts of misconduct and misdemeanors to a law enforcement agency, including, but not limited to, disorderly conduct, disrupting a school function, simple assault or battery, affray, theft of less than $300, trespassing, and vandalism of less than $1,000.” 8

New Proposed Language HB 393 (2015)

• 1006.13 Policy of zero tolerance for crime and victimization.—

…Intent - to promote a safe and supportive learning environment in schools, to protect students and staff from conduct that poses a serious threat to school safety, and to require encourage schools to use alternatives to expulsion or referral to law enforcement agencies, except when there is a threat to school safety, by addressing disruptive behavior through restitution, civil citation, teen court, neighborhood restorative justice, or similar programs.

…zero-tolerance policies are not intended to be rigorously applied to petty acts of misconduct and misdemeanors, including, but not limited to, minor fights or disturbances.

…The Legislature finds that zero-tolerance policies must apply equally to all students regardless of their economic status, race, or disability. 9

New Proposed Language SB 1104 (2015)

• An act relating to student discipline; creating s. 1006.01, F.S.; defining terms; amending s. 1006.07, F.S.; revising the duties of the district school boards relating to student discipline and school safety; requiring school districts to adopt standards for intervention…; requiring a school district to meaningfully involve the community in creating and applying certain policies; requiring a school district to fund and support the implementation of school-based restorative justice practices…; authorizing a school resource officer and a school safety officer to arrest a student only for certain violations of law…; prohibiting an officer from arresting or referring a student to the criminal justice system or juvenile justice system for petty acts of misconduct…

10

New Proposed Language SB 1104 (2015)

…requiring a law enforcement agency that serves a school district to enter into cooperative agreements with the district school board, ensure the training of school resource officers and school safety officers…; providing that a school’s authority and discretion to use other disciplinary consequences and interventions is not limited by the act…; requiring, rather than encouraging, a school district to use alternatives to expulsion or referral to a law enforcement agency unless the use of such alternatives poses a threat to school safety;

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U. S. Department of EducationGuiding Principles: A Resource Guide for Improving School Climate

and Discipline-Arne Duncan, January 2014

• Research findings – Office of Civil Rights; Council of State Governments Justice Center; Education Policy Center Indiana University

• Suspended students are less likely to graduate on-time, more likely to be suspended again, repeat a grade, dropout of school and become involved in the juvenile justice system.

• An association between higher suspension rates and lower school-wide academic achievement and standardized test scores.

• Schools and taxpayers bear steep direct and indirect costs from associated grade retention and elevated dropout rates

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U. S. Department of EducationGuiding Principles: A Resource Guide for Improving School Climate


• A call for state, district and school leaders to reexamine school discipline in light of three guiding principle that are grounded in our work with a wide variety of high-achieving and safe schools, emerging research and consultation with experts in the field.

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U. S. Department of Education - ContinuedGuiding Principles: A Resource Guide for Improving School Climate


Three Guiding Principles

1. Take deliberate steps to create positive school climates that can help prevent and change inappropriate behaviors:

• Train staff, engage families & community partners

• Deploy resources to help students develop social, emotional and conflict resolution skills

• Focus student supports on addressing underlying behavior, such as trauma, substance abuse and mental issues

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2. Ensure clear, appropriate, and consistent expectations and consequences are in place to address disruptive student behaviors. Hold students accountable for their actions in developmentally appropriate ways…rely on suspension and expulsion as a last resort…alternative strategies to address problem behaviors while keeping all students engage in instruction to the greatest extent possible.

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3. Districts and schools must understand their civil rights obligations and ensure fairness and equity for all students, and continuously evaluate the impact of their discipline policies and practices using data and analysis.

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• Call for National Reforms

• Revisions to discipline laws to enhance local discretion

• Curtailment of zero-tolerance requirements

• Development of alternative disciplinary approaches such as restorative justice.

• Addition of social and emotional learning to curricula

• Implementation of positive behavioral intervention and support frameworks

• Replacement of suspension rooms with learning centers

• Forming intervention teams to help struggling students and their families

• Building and sustaining community partnerships 17

Strategic Advisors Included:

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Answering the Call…

BCPS Local Reforms• Continued Enhancements to Code of Conduct and PROMISE Intervention

Program

• Comprehensive Positive School-wide Behavior Planning and Support in all

Schools

• MTSS/RtI Processes

• School Climate Transformation Grant

• Project AWARE First Aid Mental Health Grant

• South Florida Educational Research Alliance

• Independent Evaluator

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EVOLUTION OF PROMISE PROGRAM IN BCPS

PRE-PROMISE PROMISE NOWPROMISE MOVING

FORWARD

OBJECTIVE

• Zero-Tolerance for any type

of student behavior

• Reduce suspensions,

expulsions, and school-related

arrests

• Zero tolerance remains for

felony incidents and incidents

that pose a serious threat to

school safety

• Intervention approach focused on

student success

• Zero tolerance remains for felony

incidents and incidents that pose a

serious threat to school safety

APPROACH

• Punitive

• “One size fits all”

• Removal from Setting

• Suspensions, Expulsions,

Arrests

• Long-term suspensions

• Suspensions (w/o

supervision by caregiver

lead to arrests in some

cases)

• Reliance on law

enforcement to handle

discipline

• Consequence in lieu of an

arrest for identified

misdemeanors, bullying, and

harassment

• Keep students in school

• Move away from “one size fits

all”

• Discipline Matrix identifies

consultation with law

enforcement

• Reduced suspension periods

• Student Success Model focused on

keeping students in school; develop

prosocial skills and coping

behaviors

• [1] builds on the strengths of the

participant[s], [2] employs a System-

of Care team approach, [3] embeds

Response to Intervention [RTI]

practices and [4] identifies clear and

specific expectations and outcome

measures

• Collaborative efforts between school

leaders and law enforcement

SUPPORTS

• Little to no support

• Alternative to Suspension

with limited interventions

• No transitional support upon

return

• Academic/Behavior

• Counseling; School Social

Worker

• Response to Intervention (RtI)

upon return

• Juvenile Justice System of Care

• Wrap-around supports to best meet

student’s individual needs:

Counseling; School Social Worker

• RtI-B Supports - Tiers 1-3, Behavior

intervention Committee, Behavior

Centers, Restorative Practices,

JJSC

1 2 3

PROMISE Supports

Student Support School SupportSystem/

CommunitySupport

• On-site, individual and group

counseling services

• Enforcement of victim’s rights

• Academic and behavioral focused

curriculum

• Group conflict resolution strategies

• Restorative Practices

• MTSS/RtI

• 6-weekTransition Plan

• On-going electronic enhancements

of the Discipline Management

System & BASIS

• Communication in all languages

regarding [1] the PROMISE

Program, [2] Victim’s Rights, and

[3] Juvenile Justice System of Care

flyer

• On-going school administrator

training

• PROMISE Liaison identified per

school

• Systematic Change in Schools

Recommendation form

• Social Worker Services/Case

management

• Developmental Assets Profile Plan

• Behavior Intervention Committee

recommendation

• Breaking Barriers Training Series

• Courageous Conversations

Professional Learning Community

• Endorsement of PROMISE by

Police Chief’s Association

• Data sharing with DJJ, Broward

County Civil Citation, State

Attorney and law enforcement

• Reconciling communication

processes with State Attorney’s

and the Public Defender’s Office,

DJJ and law enforcement within

each municipality

• Joint training between school

administration and law

enforcement


• PROMISE Advisory Group, The

Elimination of the Schoolhouse to

Jailhouse Workgroup, Code of

Student Conduct and Suspension

and Expulsion Committee

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Framing the Data Conversation13 PROMISE Eligible Incidents

• Year 2 (First Semester 2014-15)

• Data Capture Year 1: PROMISE Attendance

• Data Capture Year 2: PROMISE Eligible

Incidents

• Comparison of First Semester 2011-2015

22

0

500

1000

1500

2000

2500

3000

3500

4000

Infractions

3571

3336 3305

2015

2474

Stu

de

nts

PROMISE Eligible Incidents 1st Semester Comparison

SY 2011 SY 2012 SY 2013 SY 2014 SY 2015

Total PROMISE IncidentsSY 2014 - 2015 First Semester

As of January 13, 2015

Incidents TotalsTrespassing 29

Alcohol -Use/Possession/Under the Influence 45

Alcohol Sale/Attempted Sale/Transmittal 0

Assault/Threat (no harm or injury) medium level 144

Disruption on Campus - Major 237

Drug - Possession/Use/Under the Influence 392

Drug Paraphernalia - Possession 51

Fighting - Mutual Combat 1,273

Harassment 3

False Accusation 1

Theft - Petty < $300 194

Vandalism/Damage to Property <$1000 95

Bullying 10

Total PROMISE Incidents – 2,47424

School Level Breakdown


287

807

1097

0

200

400

600

800

1000

1200

Stu

de

nt/

Pe

rce

nt

Elementary Middle High

13%

37%

50%

A total of 2,191 students committed 2,474 incidents25

Student Recurrence by School LevelStudent Recurrence (accrued) - High

Frequency Students Incidents

1st Offense 1012 1012

2nd Offense 76 152

3rd Offense 9 27

4 or more Offenses 0 0

Total 1097 1191

Student Recurrence (accrued) - Middle


1st Offense 725 725

2nd Offense 70 140

3rd Offense 9 27


Total 807 904

Student Recurrence (accrued) - Elementary


1st Offense 226 226

2nd Offense 39 78

3rd Offense 14 42


Total 287 379

Student Total 2,191 Total PROMISE Incidents 2,474


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PROMISE Student Recurrence


1963

18532 11

0

500

1,000

1,500

2,000

2,500

Stu

de

nt/

Pe

rce

nt

1st Offense 2nd Offense 3rd Offense 4th or more Offense

90%

8%

2% 1%

Student Total 2,19127

Trespassing


1st Offense 19 19

2nd Offense 3 6

3rd Offense 0 0

4th or more Offense 1 4

23 29

Frequency of Student Incidents


Alcohol -Use/Possession/Under the Influence


1st Offense 45 45

2nd Offense 0 0

3rd Offense 0 0


45 45

Alcohol Sale/Attempted Sale/Transmittal


1st Offense 0 0

2nd Offense 0 0

3rd Offense 0 0


0 0

Assault/Threat (no harm or injury) Medium Level


1st Offense 125 125

2nd Offense 4 8

3rd Offense 1 3


132 144

Disruption on Campus - Major


1st Offense 216 216

2nd Offense 9 18

3rd Offense 1 3


226 237

Drug - Possession/Use/Under the Influence


1st Offense 359 359

2nd Offense 15 30

3rd Offense 1 3


375 392

Totaling all student counted by specific PROMISE incident will result in duplicate counting of individual students

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Frequency of Student Infractions - Continued


Drug Paraphernalia - Possession


1st Offense 49 49

2nd Offense 1 2

3rd Offense 0 0

4th or more Offense

0 0

50 51

False Accusation


1st Offense 1 1

2nd Offense 0 0

3rd Offense 0 0

4th or more Offense

0 0

1 1

Fighting - Mutual Combat


1st Offense 1084 1084

2nd Offense 68 136

3rd Offense 16 48

4th or more Offense

1 5

1169 1273

Harassment


1st Offense 3 3

2nd Offense 0 0

3rd Offense 0 0

4th or more Offense

0 0

3 3

Theft - Petty < $300


1st Offense 176 176

2nd Offense 4 8

3rd Offense 2 6

4th or more Offense

1 4

183 194

Vandalism/Damage to Property <$1000


1st Offense 87 87

2nd Offense 4 8

3rd Offense 0 0


91 95

Overall PROMISE Incident Totals – 2,474

Bullying


1st Offense 10 10

2nd Offense 0 0

3rd Offense 0 0

4th or more Offense

0 0

10 10

Totaling all student counted by specific PROMISE incident will result in duplicate counting of individual students29

Tier 2 Schools

High Middle Elementary

COCONUT CREEK HIGH - 103 LAUDERDALE LAKES MS - 60 NORTH FORK ELEM - 45

DEERFIELD BEACH HIGH - 70 SUNRISE MS - 58 BROWARD ESTATES - 33

NORTHEAST HIGH - 54 LAUDERHILL 6-12 - 47 VILLAGE ELEM - 16

SOUTH PLANTATION HIGH – 51 WILLIAM DANDY - 45 KING MARTIN LUTHER ELEM -14

EVERGLADES HIGH - 49 PLANTATION - 40 MARKHAM, ROBERT C. - 12

Overall High School Total 1,097

Overall Middle School Total807

Overall Elementary Total 287


Overall Student Totals – 2,191 30

3 or More Student RecurrenceSY 2015

Frequency Student

3rd Offense 32

4th Offense 10

5th Offense 1

Outcomes

• 11 students transitioned to a Behavior Intervention Program

• 28 students receiving Tier 2 or 3 intervention support

• 1 student transitioned to the Broward Detention Center

• 3 students have withdrawn

Total – 43 Students

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3 or More Student RecurrenceSY 2014

Frequency Student

3rd Offense 24

4th Offense 6

5th Offense 3

6th Offense 1

Outcomes

• 6 students transitioned to a Behavior Intervention Program

• 1 student transitioned to an EBD Center

• 1 student transitioned to an alternative high school

• 2 students transitioned to the Broward Detention Center

• 19 students receiving Tier 2 or 3 intervention support

• 5 students withdrew

Total – 34 Students

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Related Discipline DataImpact and Interconnectedness

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First Semester Student Suspension Comparison

As reported by the BCPS Data Warehouse

11,244

12,235

10,600

10,800

11,000

11,200

11,400

11,600

11,800

12,000

12,200

12,400

SY 2014 SY 2015

(8.1% Increase)

Stu

de

nt

Includes Internal, External & Alternative to External Suspension

34

First Semester Expulsion Abeyance

35School Years

0

10

20

30

40

50

60

70

2013 2014 2015

64

5755

27 27

11

Non ESE

ESE

District-wide School Related Arrest Comparison

0

20

40

60

80

100

120

Felony Misdemeanor

93

114

10196

Arrests

SY 2014

SY 2015

36As reported by the Florida Department of Juvenile Justice

Discipline Management System Needs

• Incorporation/integration of all forms onto appropriate systems

• Creation of PROMISE Student Reservation/Attendance System

• Document actions, Interventions & Outcomes

• Notification to Home-school

• Electronic expulsion recommendation process

• Integration of the Discipline/Bullying Management Systems &BASIS

• Inform the RtI process – Transition II

• Creation of JJSC Electronic Enhancements

• Identify immediate refusals

• Notification of no shows from the PROMISE site

• Transition II non-completions

• Superintendent’s electronic approval

• Creation of electronic JJSC outcome 37

PROMISE Program Support Additions

• Senior Programmer

• Social Worker

• Community Liaison (Creole Speaking)

• Instructional Facilitators

• Restorative Practices


• Technical Assistance

• Transition

• Family Counselor/Behavior Technician

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Exhibits

• Addressing the Out-of-School Suspension Crisis: A Policy Guide for School Board Members (Click to access report)

• School Discipline Consensus Report (Click to access report)

• PROMISE flyer

• Victim’s Rights flyer

• Juvenile Justice System of Care flyer

• Committee Memberships

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http://www.nsba.org/sites/default/files/0413NSBA-Out-Of-School-Suspension-School-Board-Policy-Guide.pdf

http://csgjusticecenter.org/youth/school-discipline-consensus-report/?utm_source=CSG+Justice+Center+Primary+List&utm_campaign=dd638f7f2b-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_db9d88bcfb-dd638f7f2b-42390469

A Day in the Life of PROMISE

40

Board Discussion

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