Each time a student is removed from the classroom in the name of discipline, it can do more harm than good. Students barred from attending class due to punitive measures are more likely to get into more trouble, and they are at risk of getting behind with schoolwork because of lost instructional time. What’s more, study after study shows racial disparities with both suspensions and expulsions.

Last month, the San Diego Unified School Board unanimously approved a new discipline policy, one that is a step away from punitive discipline for students. The new policy emphasizes alternative-to-suspension programs for students who get in trouble, the San Diego Union-Tribune reports. Schools will be required to utilize “restorative” interventions before opting to suspend a student.

The new policy also addresses grading practices throughout the district. Teachers will separate non-academic factors from academic grades and give students the opportunity to re-do assignments.

While California already bans suspensions for “willful defiance” for elementary and middle grades, the San Diego Unified School Board plans to negotiate with teachers to do away with such suspensions across all grades. Those in favor of the move point out that banning willful defiance suspensions will help address racial disparities, particularly in the disciplining of Black and Latino students.

Discriminatory discipline is a severe problem in the United States, according to a national analysis of school suspension data by the UCLA Civil Rights Project.

Lost Opportunities

The Center for Civil Rights Remedies and Learning Policy Institute found “disturbing disparities” among racial groups regarding school suspensions, Patch reports. Their study titled “Lost Opportunities: How Disparate School Discipline Continues to Drive Differences in the Opportunity to Learn” looked at the impact of out-of-school suspensions on instructional time.

There were 11,392,474 days of instruction lost in America due to out-of-school suspension during the 2015-16 school year. The researchers say that is the equivalent of 62,596 years of instruction lost. What’s more, the difference in suspension rates between Black and white students was stark. The report shows:

• Black students lost 103 days per 100 students enrolled, 82 more days than the 21 days their white peers lost due to out-of-school suspensions.
• Black boys lost 132 days per 100 students enrolled.
• Black girls had the second-highest rate, at 77 days per 100 students enrolled, which was seven times the rate of lost instruction experienced by white girls at the secondary level.

“These stark disparities in lost instruction explain why we cannot close the achievement gap if we do not close the discipline gap,” said Dan Losen, director of the Center for Civil Rights Remedies and the lead researcher on the report. “With all the instructional loss students have had due to COVID-19, educators should have to provide very sound justification for each additional day they prohibit access to instruction.”

Orange County Juvenile Defense Attorney

Please contact the Law Offices of Katie Walsh if your son or daughter faces school expulsion or another legal matter. Call now for a free, confidential consultation, (714) 351-0178. Attorney Walsh will work with your family to help you achieve the best possible outcome.

Keeping kids in the classroom is key to ensuring that students perform well academically. Students who act out in class risk suspension or worse, expulsion. Young people can have behavioral problems in school for a myriad of reasons, issues at home or mental health conditions are two of the more common causes. However, there is some evidence suggesting that sleep deprivation could be playing a role in teenage behavior.

Researchers Kevin Bastian and Sarah Fuller of the University of North Carolina at Chapel Hill analyzed data from more than 400 North Carolina high schools, according to Education Dive. They determined that students who start classes later in the morning were less likely to be suspended. Starting class at 8:30 a.m. or later was also linked to higher overall GPAs among students.

The findings noted above are interesting and have given several lawmakers across the country food for thought, especially in California. In recent years, there have been several attempts to push back school start times to allow young people more sleep.

Even though there is a growing body of evidence showing the benefits of such a move, former Gov. Jerry Brown vetoed a bill that would have had middle and high schoolers start class at 8:30 a.m. However, California Gov. Gavin Newsom has a decidedly different stance on the subject.

SB 328 Pupil Attendance: School Start Time

This month, Gov. Newsom signed Senate Bill 328 into law, making it so that most middle schools and high schools will start class later, The Los Angeles Times reports. The change will be phased in and should be fully implemented by the beginning of the 2022-23 school year.

SB 328 is controversial; many school officials and some lawmakers oppose the move to start class later, according to the article. Concerns have been raised that the change could affect bus routes and prevent parents from dropping their kids off at school before work. The California Teachers Association called Newsom’s signing of the bill “unfortunate.”

Gov. Newsom defended his support for the bill by pointing to the available science. Studies correlate more sleep from later start times with better academic performance and better health. For those reasons, SB 328 has the support of the American Academy of Pediatrics, the California Medical Association, and the California State Parent Teacher Association.

An impetus for the bill was a 2014 opinion from the American Academy of Pediatrics stating that middle and high schools shouldn’t begin class until 8:30 a.m. California is the first state in the nation to pass legislation mandating later start times

“Today, Gov. Newsom displayed a heartwarming and discerning understanding of the importance of objective research and exercised strong leadership as he put our children’s health and welfare ahead of institutional bureaucracy resistant to change,” said Sen. Anthony Portantino, who authored the legislation. “Generations of children will come to appreciate this historic day and our governor for taking bold action. Our children face a public health crisis. Shifting to a later start time will improve academic performance and save lives because it helps our children be healthier.” Please take a moment to watch a short video on the subject:

California School Expulsion Attorney

If your son or daughter is having difficulty in school and is facing school expulsion, then you must seek the assistance of an experienced juvenile defense lawyer. At the Law Offices of Katie Walsh, we can advocate for your family and safeguard your child’s rights.

Attorney Walsh can help you navigate the school expulsion hearing process and may be able to negotiate alternatives to expulsion. Please contact our office today for a free consultation.

Kicking young people out of school for misbehaving is nothing new, but it is an issue that requires consideration. The science tells us that removing kids, of all ages, from classrooms for minor infractions can start them on a path toward further problems. The school-to-prison pipeline begins with suspension and expulsion.

While most people associate class removals with high school students, it’s also a common occurrence at middle schools, elementary, and preschools. If you find it hard to believe that preschoolers could do anything so severe as to warrant suspension or expulsion, then you are not alone. However, the practice is far more common than you’d probably think.

A 2016 federal study found that an estimated 50,000 preschoolers had been suspended in the previous year, according to the Center for American Progress. Moreover, some 17,000 preschoolers were expelled during the same period. That is 250 youngsters who were being removed from the classroom each day.

Actions have been taken by lawmakers and school officials to end the practice of suspending and expelling the youngest Americans in recent years. California has banned suspending children in grades K-3 for disrupting or willful defiance. Lawmakers have passed legislation that would expand the existing law to include students up to 8th grade. Unfortunately, many young children residing in other states do not have the same protections.

Suspension and Expulsion in Preschool

Even in states that have protections for young people, that encourage schools to intervene rather than expel, a significant number of kids are falling through the cracks. NBC News reports that children under five are being suspended and expelled from preschool, even though they live in cities and states that have acted to prevent such occurrences.

A study conducted in 2005 shows that preschoolers are three times more likely to be expelled. The numbers are even more severe when looking at young people of color and those with disabilities. Another study shows that kids who are removed from classrooms are ten times more likely to drop out of high school. They are at more significant risk of being arrested too.

Laws prohibiting the suspension and expulsion of young people are a step in the right direction. However, not enough is being done to train teachers and fund intervention programs, according to the article. Cemeré James, senior vice president of policy for the National Black Child Development Institute, said:

“When you institute a ban and just a ban with no funds and no support for implementation, you in my opinion are basically doing nothing. If there’s no funding to train teachers and educators to engage with young children in new and different ways, then you’re not changing anything.”

Teachers must be taught effective techniques for supporting young people. Acting out in class is often a sign that a child is having problems at home or is struggling with emotional and cognitive issues. California has more resources than the vast majority of states and can provide resources to preschools, the article reports. Mental health professionals work with educators to help them better meet the needs of challenging students.

Orange County School Expulsion Attorney

Attorney Katie Walsh has extensive experience in school discipline matters. If your son or daughter is facing the prospect of expulsion, then it helps to have a representative who can advocate for your loved one’s well-being. Please contact The Law Offices of Katie Walsh to learn how we can help you negotiate alternatives to expulsion.

Research suggests that corporate and academic grooming policies unfairly impact black women in the workplace. Dove and the Crown Coalition, a group of beauty industry leaders, civil rights activists and legislators, sponsored a survey to learn more about discrimination relating to hairstyles.

The survey shows that black women receive formal grooming policies at a rate significantly higher than White women, according to Diverse. Black women also reported they were 80 percent more likely to change their natural hair to meet social or employment expectations.

An earlier study from 2016, conducted by Ohio State University’s Kirwan Institute for the Study of Race and Ethnicity, discovered that black girls were disciplined in the state’s public schools because of their natural hairstyles. Meaning that black girls are often threatened with suspension and expulsion because schools contend that the student’s hair is a disruption.

The authors of the Ohio study write that the disturbing trend “is deeply connected to long-standing Westernized notions of beauty…yet again, this highlights the ways in which black girls are penalized for their incongruity with ‘traditional’ White notions of womanhood.”

California’s CROWN Act

Hairstyles of black people are a part of their heritage; and it’s hard to believe that young girls and women are punished for their natural hair in the 21st Century. In an attempt to reduce instances of discrimination in California, lawmakers passed the CROWN Act (“Create a Respectful and Open Workplace for Natural Hair”).

The Creating a Respectful and Open Workplace for Natural Hair or Senate Bill 188 is meant to combat discrimination based on hairstyles. Gov. Gavin Newsom signed the bill into law on July 3.

The law prohibits employers from enforcing purportedly “race-neutral” grooming policies. The legislation was sponsored by State Sen. Holly Mitchell, who also wears her hair in locs. An author of the Ohio study titled “Race Matters . . . And So Does Gender,” Robin A. Wright from the University of Cincinnati, says:

“I actually hear it more from young men, particularly, but also women, that they believe they have to cut off their dreads in order to get a job in corporate America.” She adds that “It’s ridiculous that we need a law like this in 2019, but our kids and [other] folks are still being discriminated against.”

California is at the top of the list of progressive states, so it makes sense that it is the first state to pass this type of legislation. However, New York approved a similar bill earlier this year, which protects black people’s right to wear natural hairstyles.

Many nonprofits support the CROWN Act, and state and national organizations, including the California Employment Lawyers Association, California School Board Association, and the California Teachers Association. According to RadioFacts: “SB 188 will ensure protection against discrimination based on hairstyles by extending statutory protection to hair texture and protective styles in the Fair Employment and Housing Act (FEHA) and the California Education Code.”

California School Discipline Attorney

Please contact The Law Office of Katie Walsh if your child is being discriminated against because of their hairstyle, and may be facing suspension or expulsion. Attorney Walsh has the experience to advocate for your loved one effectively.

At high schools across America, suspension and expulsion should only be a last resort. Young people who act up in class or break school policies are often dealing with problems at home. They may also be contending with emotional and mental health problems that inhibit their ability to stay focused.

When school districts remove children from the classroom, it can put teens on a path toward more significant problems in the future. No longer receiving support from educators, suspended and expelled youths are at considerable risk of engaging in activities that can land them in handcuffs. Student’s removals are the beginning of the school-to-prison pipeline.

School districts that take measures to keep youths in class have an opportunity to affect change. Helping students understand why their behavior is problematic, and what they can do to cope with their feelings, is essential. When young people are given the tools to respond to situations in healthy ways, they are less likely to get into more trouble down the road.

Many U.S. schools are moving away from resorting to using punitive disciplinary actions. Research shows that student bodies benefit from providing support programs. Providing teenagers access to counselors and psychologists is a step towards reducing problems in the classroom. The data indicates that intervention programs are more effective at encouraging adolescents to change their behavior than removing them from class.

Intervention Programs Reduce Suspension and Expulsion Rates

The Antelope Valley Union High School District in northern Los Angeles County has taken steps in reducing class removals. In the last decade, the district’s suspension rate fell 47%, and the expulsion rate dropped 79%, according to the Antelope Valley Press. Educators were able to achieve this feat by implementing intervention programs.

Instead of resorting to suspension and expulsion, schools attempt to address the unique needs of students first. When a teenage boy or girl gets in trouble, the AVUHSD relies on a discipline matrix to help determine what level of intervention is warranted. The district had student support centers, and four social workers were hired to work with at-risk youths.

Youths who are directed to AVUHSD support centers, work with counselors, psychologists, and social workers. They have opportunities to discuss what is happening outside of school; they can learn coping mechanisms that are less disruptive to the class. The goal is to help at-risk teens learn from their mistakes and excel.

“When a student has to be removed from class they are placed in an environment where their social and emotional needs are met,” said a district official said. “The goal is addressing it and getting them back in the classroom.”

Support centers have paid off; from 2017-18 to 2018-19, suspensions decreased 13% and expulsions 31%.

Orange County Juvenile Attorney

If your son or daughter is in trouble at school, and facing a school expulsion hearing, The Law Offices of Katie Walsh can help. It is vital to have an attorney who can advocate for your family. Juvenile defender Katie Walsh as a school expulsion lawyer has handled thousands of cases and may be able to negotiate alternatives to expulsion.

Please contact our office today for a free consultation. Call Today (714) 351-0178

The Bureau of Children’s Justice, a division of the state Attorney General’s Office, is tasked with protecting at-risk children. There are laws which are meant to protect vulnerable young people; it’s the Bureau’s job to enforce such protections. However, children fall through the cracks time and time again.

California school districts have a long history of suspending and expelling minorities and intellectually disabled children. Despite recent efforts to work with children who are having problems in school before resorting to punitive measures, many youths are suspended at alarming rates.

Black and Latino children are suspended and expelled at exceedingly higher rates than white kids in many school districts. This is true even when children of color make up only a slight fraction of the student body. Whether we are looking at high school or elementary school, the data does not lie—minorities bear the brunt of the discipline meted out by faculty.

An investigation is underway to determine why a rural California school district is suspending students at an exponentially higher rate than the statewide average, EdSource reports. A report shows that Butte County’s Oroville City Elementary School District’s suspension rate is three times higher than average in California.

Alarming Suspension Rates in California

Oroville City (pop. 229,294), just north of Sacramento, is the seat of Butte County. Oroville City Elementary suspended 12 percent of its students during the 2017-18 school year, according to the article. However, only four (4) percent of students in public schools were suspended, at least once, across the entire state.

Although black students make up only three percent of the district’s enrollment, they are suspended far more often than their white classmates. An EdSource analysis of the data shows that black students were suspended 70 percent more often than their white students at Oroville City Elementary. Moreover, black kids were suspended two times more often as white children at Ishi Hills Middle School.

During the 2016-17 school year, students in the district were out of school more often due to suspension than virtually all other students in the state, according to the UCLA Center for Civil Rights Remedies.

“I’m glad the attorney general is paying attention to both the high rates and large racial disparities,” said Daniel Losen, the director of the UCLA center and author of the organization’s suspension report. “There is a lot districts can do to lower suspension rates without jeopardizing the learning environment.”

The statistics are troubling for several reasons, not the least of which is the fact that laws prohibit suspending K-3 students for being disruptive. Senate Bill 419 was introduced this year to expand those protections to grades 4 to 8. Whenever young people are not in a classroom, they are put at significant risk of getting into more trouble. The school-to-prison pipeline begins with suspension and expulsion.

Orange County School Discipline Attorney

If your child is facing expulsion from his or her school, then it is vital that you turn to an expert for guidance. Former prosecutor Katie Walsh has an extensive amount of experience advocating for young people who face problems at school. Please contact us today to learn how Attorney Walsh can help your child with their school expulsion hearing.

At the Law Offices of Katie Walsh, we are acutely familiar with the school-to-prison pipeline that is the reality of many young Americans. Problems students experience in the classroom are often dealt with in punitive ways, starting with suspension and potentially moving on to expulsion. In more severe cases, certain offenses committed at school can result in police intervention.

Schools lacking the resources to advocate for troubled children will usually turn to punitive measures. However, in states like California, there has been a push in recent years to address the needs of children who act up without resorting to suspension and expulsion.

Data shows that young people who face problems at home are likely to bring them into the classroom. Merely booting a child from class may return order to the school, but it is expected to disrupt the life of the child facing difficulties even more. Intervention techniques that don’t involve removing children from class can significantly help a struggling student; and, they may prevent a worst-case scenario from unfolding down the road. The reality is that many teenagers are dealing with myriad problems, including a mental health condition; kicking such teens out of the classroom can and has resulted in the unthinkable.

Preventing School Shooting In America

School shootings are not a new phenomenon; nor are they uncommon. From the Columbine High School shooting to the Marjory Stoneman Douglas High School massacre last year, it is clear that these kinds of tragic events are on the rise. Today, it is difficult to think of a state that hasn’t been touched by student-on-student or student-on-teacher murder. Moreover, it is challenging to make sense of what could drive a young person to commit such heinous acts.

Experts work hard to look for answers in a sea of data that is murky at best. Those who bring a weapon to school with the intention to harm come from various backgrounds and face their own unique set of circumstances. Recently, NPR’s Rhitu Chatterjee probed the depths of school shootings in America—helping the average listener make sense of these senseless acts.

The radio program points out, right off the bat, that there were 25 school shootings last year; more than 60 people were injured, and 33 children and adults lost their lives in those incidents. We invite you to listen to the program before reading further. Please click here to listen.

Several experts weigh in in an accompanying article to the radio program. Some common things begin to emerge among people who shed blood in public schools, including childhood trauma and mental illness. What’s more, a 2004 study by the U.S. Secret Service and U.S. Department of Education found that nearly three-quarters of school shooters had been bullied or harassed at school. Chatterjee points out that suspending or expelling students who are showing worrisome signs is not the solution. Instead, school violence can be prevented by support and guidance.

“Connecting with these students, listening to them and supporting them, getting them the help they need, these researchers say, can help prevent future attacks and make schools a safer place for all children.”

School Expulsions Attorney

If your son or daughter is at risk of being expelled from school, then it is vital for parents to know that they have options. Attorney Katie Walsh has the experience to advocate for your family and potentially keep disciplinary action from derailing your child’s life. Please contact our office for a free consultation.

California State Superintendent of Public Instruction, Tom Torlakson, discusses the Dashboard in an issued statement regarding the report of the federal School Safety Commission. In Torlakson’s statement, he makes clear that the recommendations of the commission (put together in response to the Marjory Stoneham Douglas High School shooting) are made in error.

Disciplining Students in a Proportionate, Fair Manner

“I am extremely disappointed that the School Safety Commission report contains a misguided recommendation to eliminate a policy that has nothing to do with the continuing tragedy of school shootings—the quest for disciplining students in a proportionate, fair manner,” states Torlakson.

He adds, “I strongly oppose this recommendation and the Department of Education’s reported plans to rescind the Obama administration’s guidance encouraging schools to work to reduce the disproportionate suspension and expulsion rates for students of color and students with disabilities that are found throughout our nation …. California encourages districts to reduce or eliminate disparities in discipline given out to student groups. The California School Dashboard reveals the suspension rates of all student groups, supplying the data needed to take action to ensure equity for all students.”

The superintendent’s statement points out that the School Safety Commission’s report had little to say about gun control. A military-style assault weapon was used in the killing of 14 students and three teachers at Marjory Stoneham Douglas. It is unclear, at this time, why the School Safety Commission believes eliminating policies which make school discipline fairer will make the student body safer.

Juvenile Defense Attorney

Hiring an Orange County school expulsion lawyer can help your child achieve a favorable outcome in a school expulsion hearing. Please contact us to schedule a free consultation with juvenile defender Katie Walsh and her team. Call (714) 351-0178 or submit a confidential inquiry now.

Last week, the State of California released school suspension data and takeaways are, at best, concerning. At The Law Offices of Katie Walsh school suspension and expulsion is a topic of vital importance; much of the work we do is representing juveniles who have had problems in the classroom. We follow the data carefully to serve our clients better; we have covered the topic of student suspensions on our blog on numerous occasions, please click here for further reading.

It will probably come as little surprise for some to discover that there are glaring disparities in school suspension and expulsion rates in the ‘Golden State.’ For others, what follows may come as a shock. While suspension rates in San Diego County are down from 4.5 percent in 2011-2012 to 2.8 percent for 2017-2018, minorities and foster children are at a much higher risk of being barred from attending class, The San Diego Tribune reports. Overall, black students in San Diego County are more than two times as likely to face suspension. What’s more, foster kids are nearly five times more likely to get suspended from school.

“The very students who do need that additional time and supports, like foster youth, are the ones who are being sent out of the classroom,” said Carrie Hahnel, interim co-executive director of Ed Trust-West.

Disparities In Suspension Rates

The trend researchers are witnessing is not unique to California; one need look no further than the United States Government Accountability Office’s report on K–12 education to find evidence. Across the country, school discipline disparities for black students and young people with disabilities is alarming. Here in California, more than 15,000 students in San Diego County were suspended at least once, according to the article.

Even though suspension involves older students more often, about 1,500 students of the overall tally were in grades K–3. While African American students make up only 5 percent of those attending class in San Diego County, they make-up 7% of suspensions for students suspended at least once in the school year. The California Department of Education tracks suspension rates across the state, the data for San Diego County is as follows:

• Foster Youth: 13.5 percent
• African-American: 6.9 percent
• Disabled Students: 5.7 percent
• Homeless: 5.5 percent
• Socioeconomically Disadvantaged: 3.8 percent
• Hispanic or Latino: 3.2 percent
• English Learners: 2.8 percent
• White: 2.1 percent
• Asian: 1 percent

“Studies we reviewed suggest that implicit bias — stereotypes or unconscious associations about people — on the part of teachers and staff may cause them to judge students’ behaviors differently based on the students’ race and sex,” the GAO writes.

School suspension data is of the utmost importance for several reasons, most notably, the impact missing class can have on a student’s life trajectory. Those who miss school are at far higher risk of dropping out, getting in more severe forms of trouble, and ending up in jail or prison. Supporting students rather than relying on suspension and expulsion as the go-to form of discipline, isn’t just right for the student, it’s good for society.

Orange County Juvenile Defense

A minor infraction in school can have a lasting effect on a person’s life. If your child is facing expulsion, then we implore you to contact The Law Offices of Katie Walsh. Attorney Walsh will work tirelessly to safeguard your child’s rights and negotiate alternatives to expulsion.

Last month, we covered Senate Bill 607, as it relates to juvenile justice in California. The bill – authored by Sen. Nancy Skinner, D-Berkeley – would have expanded a bill signed into law in 2014 banning the suspension of students in grades K-3 for acts of “disruption and defiance.” Sen. Skinner’s proposal had the expressed aim of changing the law to include students through the 8th grade.

Earlier this month, California Governor Jerry Brown vetoed SB 607, EdSource reports. While it was unclear if Brown would get on onboard, considering he was opposed to legislation in 2012 that would have banned such suspensions for grades K-12, he showed this month that he would not be swayed. Gov. Brown states that local control is his main reason for rejecting the bill, just as it was in 2012.

Senator Skinner sensed that Brown would come out against her measure much like the Association of California School Administrators and the California School Boards Association. So, she wrote SB-607 to include K-8 rather than K-12, to get the support of the organizations above, hoping it would be enough for Brown as well.

“Teachers and principals are on the front lines of educating our children and are in the best position to make decisions about order and discipline in the classrooms,” said Brown, in the veto message.

Civil Rights Advocates Are Not Surprised

Kids – as everyone knows – can be unruly; punitive measures are one way to teach young people the difference between right and wrong. However, there is a significant body of evidence suggesting that “disruption and defiance” suspensions affect students of color and those with disabilities, disproportionately.

A report from UCLA’s Center for Civil Rights Remedies shows that African-American middle-schoolers lost 71 days per 100 students, almost four times the number of days of class missed by their white classmates. When students miss class frequently, they are far more likely to get in other – more severe – types of trouble. Suspension and expulsion are often the catalysts of the school-to-prison pipeline. The California Department of Education CALPADS Data, 2016-17, shows that black and brown boys were 53.3% of disruption/defiance suspensions in the 2016-17 school year, despite making up only 30.7% of CA students.

Bills like SB-607 and its predecessor are meant to force the hand of educators to utilize disciplinary measures that did not take students out of class for minor infractions, before they resort to harsher courses of action. Despite being at odds with Gov. Brown’s decision, youth and civil rights advocates are not surprised, according to the article. Moreover, they are, in a word, disappointed!

“[Brown] has rejected an opportunity to transform school climate and address a racial injustice in our schools statewide,” said Angelica Salazar, director of education equity for Children’s Defense Fund, California. Senator Skinner has not committed to introducing a new bill next year.

Juvenile Defense in California

Please contact The Law Offices of Katie Walsh if you require the assistance of an Orange County school expulsion lawyer. Attorney Walsh has overseen thousands of juvenile cases in California. Please contact us to schedule a free consultation and learn more about how Katie Walsh can advocate for your family.

In 2014, California Gov. Jerry Brown signed a K-3 suspension ban for “disruption and defiance” infractions. Friday of last week, the California Legislature voted in favor of Senate Bill 607, authored by Sen. Nancy Skinner, D-Berkeley, to expand the ban to include suspensions through the 8th grade, EdSource reports. Sen. Skinner had initially hoped that the expansion would consist of all high-schoolers, as opposed to just K-8.

It remains unclear if Gov. Brown will get behind the bill and pen his name to the legislation; but, it’s worth noting that Brown vetoed a total K-12 “disruption and defiance” ban in 2012, only to later sign a less comprehensive ban in 2014. Brown’s previous opposition stems from his belief that state-mandated prohibitions interfere with local school district control. Local control is the cornerstone of his education policy, according to the article. The California School Boards Association and the Association of California School Administrators (ACSA) supports expanding the ban. However, the California Charter Schools Association and the California Teachers Association have taken a neutral stance.

A Dramatic Drop In Suspensions

Initially, the ACSA was opposed to including higher grade levels into the suspension ban; then, the organization learned about how racial disparities continue to be the status quo for disruption and defiance suspensions throughout the state, the article reports. The ACLU of Southern California conducted an analysis of state data and found that African-American and Latino boys received more than half of the state’s disruption and defiance suspensions during the 2016-17 school year. It’s worth noting that Black and Latino children make up only 30.7 percent of all California students.

“This wasn’t an easy decision for ACSA, but our folks are really concerned with the disparities in terms of how willful defiance suspensions are applied,” Iván Carrillo, a legislative advocate for the school administrators’ association, said. “Our membership takes a big issue with that and we want to continue to utilize other creative, research-based tools to deal with student behavior while at the same time protecting the classroom.”

When students are taken out of the class for slight infractions they are more likely to find themselves in additional trouble down the road, i.e., the school-to-prison pipeline. A more significant reliance on evidence-based restorative justice techniques could help the state for years to come.

“All the stakeholders are either supportive or neutral, which is great,” Skinner tells EdSource. “Now the question is does it meet the governor’s comfortability, which it should. The whole objective is to give kids the best chance at being successful — and kicking them out of school, even if it’s just for a few days, is not a recipe for success.”

Several municipalities have already taken the initiative and instituted their own K-12 willful defiance suspension bans, in lieu of a statewide ban. We will just have to wait and see which way Gov. Brown goes on SB 607.

Orange County Juvenile Justice

If your son or daughter is at risk of school expulsion in California, please contact The Law Offices Katie Walsh at your earliest convenience. Attorney Walsh has extensive experience handling these types of cases and can advocate on behalf of your family to safeguard your child’s rights.

The so-called “school-to-prison pipeline” is a topic on many people’s minds in California. The subject is also the focus of specific laws that help avoid trapping young people in the criminal justice system; such legislation is part of a broader effort to reduce the California prison population. Seeing as many adolescents start running into problems with authority in high school, it is of value to discuss some of the difficulties that educators say they are facing in the wake of Sanders v. Kern High School District (KHSD).

It is fair to say that teenagers do not belong in adult prison systems, nor should they be expelled from school for minor infractions. However, over the years both scenarios have been a reality for many young people, especially minorities. Sanders v. KHSD, was a suit levied by the Dolores Huerta Foundation, Faith in the Valley, the National Brotherhood Foundation, and others alleging that minorities were suspended and expelled at higher rates than their white students.

Teachers in Kern County have found it difficult to rein in students of late, which they place partial blame on Sanders v. KHSD, Bakersfield.com reports. A number of teachers are targets of physical and verbal assault since the district began implementing a Positive Behavioral Interventions and Supports (PBIS) model.

PBIS and Willful Defiance

Is it possible that students, knowing they face lesser penalties for their actions, are emboldened? This year, at least ten teachers at KHSD campuses have become victims of assault, according to the article. While Sanders v KHSD may have a hand in the recent spate of abuses, there are other factors to consider. Restorative justice programs aim to get to the source of a student’s problem rather than resort to immediate suspension or expulsion. Students acting out are taken out of class and talk out their issues with trained staff. Some educators contend that PBIS allows students to continue behaving badly as they are without real punishment “helping breed a culture of misbehavior.”

Another change in recent years that could play a part in student unruliness is how schools now handle “willful defiance,” a category used to describe non-violent misbehavior in class. A bill was passed making it illegal to suspend students for willful defiance which Bakersfield High School Principal David Reese says is the real source of the problem, not PBIS, the article reports.

“It’s out of frustration of changes to the law about willful defiance, and it’s not a BHS problem or a KHSD problem. This is a frustration that crosses California and the nation as research has come in that shows suspending kids ‘willy-nilly’ for disruption of school activities or defiance needs to be clarified,” Reese said.
Juvenile Defense Attorney

At the Law Offices of Katie Walsh, we specialize in juvenile law, including school discipline. If your son or daughter is facing criminal charges, Attorney Walsh can assist you and your family in several ways. Please contact our office for a free consultation.

Adolescents are not the best at exercising sound judgment, and part of growing up is learning by your mistakes. Young people are instructed to always be on their best behavior, to act their age, so on and so forth. While most youths are pretty good at following the rules, especially in public settings like middle and high schools, there are some who like to push the envelope. Seeing just how much one can get away with is a fairly common trait among a number of students. However, choosing to not use one’s head before engaging in specific behaviors, i.e., disrupting class, getting into fights, and participating in illicit substance use, is often a slippery slope to detention, suspension, and even expulsion.

In many cases, teens who get into trouble with an authority figure in school are merely acting out. The reasons for doing things that will inevitably garner the ire of a teacher are usually rooted in some kind of issue a young person is having outside of school. Troubled teens, perhaps more times than not, are contending with problems at home. Such individuals could probably use guidance and support from the faculty members; instead, they get the opposite.

Punishing disruptive students may seem logical and making examples of students is likely to send a clear message to classmates about what kinds of behavior will not be tolerated. However, multiple day suspensions as a means of punishment might do more harm than good, serving only to cause teens to get behind in class which brings on more problems.

Senate Bill 607

Did you know that that there is a cut off age for when an adolescent can no longer get away with disrupting a classroom in California? It’s true, up until fourth grade, kids cannot face suspension for engaging in what is known as “willful defiance,” that is disrupting class or defying teachers. What’s more, thanks to California Assembly Bill (AB) 420, expelling students for backtalk and not doing assignments is no longer permitted, CBS Sacramento reports. Citing concerns over the real impact of suspensions, some lawmakers would like to see AB 420-style protections for teenagers, as well.

“If you’re suspended out of school even once, that doubles the likelihood the student will drop out,” said Assemblyman Roger Dickinson in 2014.

California Senate Bill (SB) 607 would extend the protections of AB 420, protections which expire in July of this year. If passed, it would mean that schools couldn’t suspend students of any age for petty offenses. SB 607 provides “willful defiance” suspension protections to all students, Your Central Valley reports. The new legislation could significantly help minority and disabled students who are suspended at higher rates, according to ACLU data.

“When we look at the data, we see who it is used on,” Senator Nancy Skinner said. “It’s used on kids of color, it’s used on LGBTQ kids, it’s used on kids with disabilities.”

It’s worth pointing out that SB 607 wouldn’t protect students who make threats, commit acts of violence, or steal. Strict penalties will still apply to such offenses; the new law is meant to keep kids in class even when they make poor decisions. There is opposition to the legislation, critics worry that it might scare teachers away in a state already dealing with shortages.

“If you’re not going to allow us to have the right to take someone who is defiant to authority out of the situation, so they don’t infect everyone else in class, nobody learns,” said Former Fresno County Superintendent of Schools Larry Powell. “The teacher is disheartened and wants to get out of the profession.” Please take a moment to watch a short video on the subject here.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in navigating the school disciplinary process and juvenile law. If your son or daughter is facing expulsion, Attorney Walsh can assist you and your family in many ways. Please contact our office for a free consultation.

Adolescents, like adults, are disciplined for certain offenses with the hope that said offender will not do it again. It starts at a young age, a child does something wrong—a parent determines the appropriate punishment to mete out. Life is about standards and rules, if one falls short or breaks a rule, punishment follows suit. The hope, it seems, as that by the time adulthood rolls around, an individual will be an upstanding citizen.

Unfortunately, sometimes a punishment does not match the caliber of the offense—especially in American schools. Across the country, what is known as “zero tolerance” policies are in place at practically every public school. Zero tolerance policies were specifically directed towards drugs or weapons. Students found to have either are subject to either suspension or expulsion. While that type of policy would seem to make sense, such policies may actually do more harm than good.

A new book is coming out soon that explores the nature of zero tolerance, with the hope of starting a conversation that could put an end to draconian rules in public schools. Professor Derek W. Black’s “Ending Zero Tolerance: The Crisis of Absolute School Discipline,” highlights the flaws of zero tolerance punishments on school-aged children, according to the Juvenile Justice Information Exchange. Black teaches law at the University of Southern California. He writes:

“One of the most obvious flaws or irrationalities of zero tolerance and harsh discipline is that they lump so many dissimilar students in to the same groups. The first grader whose mother puts a cough drop in his backpack without him knowing is treated the same as the seventh grader who knows that cough drops are prohibited but brings them anyway because his throat hurts and he does not want to miss school. And the seventh-grade cough-drop smuggler is treated the same as the student who brings Advil to school and sells it. And the Advil-distributing student is treated the same as the student who sells steroids or marijuana to his classmates. They are all drug offenders according to their schools and subject to long-term suspension.”

The book covers a number of different areas, sourcing individual narratives, case law—and could prove to be an invaluable tool for both teachers and counselors. Hopefully, it will lead to more understanding and compassion when it comes to discipline in American schools.

“Harsh discipline practices,” writes Black, “are contrary to many of our many basic values, both social and legal.”

Katie Walsh is an attorney in Orange County, California. Attorney Walsh concentrates her law practice on juvenile defense, criminal defense, and victim’s rights.

Contact the Law Offices of Katie Walsh online or at (714) 351-0178.