HCR122

WHEREAS, school suspensions not only fail to address the root causes of disruptive behavior, but can also lead to future undesirable outcomes for students, including dropping out of school and becoming enmeshed in the criminal justice system; and

WHEREAS, suspensions should only be used as a last resort, only in cases of imminent physical danger, never as punishment, only for valid pedogeological purposes, and only for the time strictly necessary to serve such valid purpose; and

WHEREAS, suspensions include out-of-school, in-school, and ad hoc (part-day) suspensions; and

WHEREAS, suspensions of all types have a profoundly negative impact on students, denying them valuable education time, increasing drop-out rates, and fueling the school‑to‑prison pipeline; and

WHEREAS, research indicates that the negative effects of exclusionary discipline are more pronounced for males, students of color, and students with disabilities, all groups that have historically experienced higher rates of suspension and expulsion; and

WHEREAS, disparities in the number and length of suspensions across race and disability create even more obstacles to obtaining a quality education; and

WHEREAS, students of ethnic or racial minorities do not commit more disciplinable offenses than their peers, but in aggregate they receive substantially more school discipline, with longer and harsher sanctions; and

WHEREAS, suspensions among elementary‑level students in particular disrupt a student's relationship with the school and hurt their motivation to learn, the effects of which can be very difficult to overcome; and

WHEREAS, students and their parents often are not informed of their due process rights, including the right to be informed about the details of the suspension, the procedures for contesting a suspension, and for appealing a decision to impose suspension; and

WHEREAS, using positive alternatives to suspension leads to better school outcomes; and

WHEREAS, after implementing alternative discipline methods, several school systems realized large decreases in their rates of suspension, including:

(1) California, which saw a forty-six percent drop in suspension rates across its districts over a five-year span;

(2) Dekalb County in Georgia, which witnessed a forty-seven percent decrease in discipline rates; and

(3) A Baltimore public school system, where an official stated that their school district created "a shift from thinking about behavior management to thinking about building competency among students to regulate their own behavior as well as build social-emotional competencies among adults", with administrators saying that the change resulted in focusing on the underlying causes of student behavior and providing student supports rather than resorting to reactionary, punitive measures; and

WHEREAS, schools and complex areas in the State have the power and responsibility to make schools safe and welcoming learning spaces for Hawaii's public school students; and

WHEREAS, some Hawaii schools are already providing training in restorative justice, positive behavior interventions, trauma‑informed care, and conflict resolution for administrators, teachers, and parent liaisons; and

WHEREAS, principals and administrators in the State already have alternatives to suspension available to them as described in title 8, chapter 19, Hawaii Administrative Rules; and

WHEREAS, principals and administrators can already track the number, length, and type of suspension, as well as the demographic data of the student, and determine if there are disparities in the number, length, and type of suspensions; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2020, the Senate concurring, that the Department of Education is requested to pilot a new process for suspensions for the 2020‑2021 school year that:

(1) Limits all suspensions to reasons relating to imminent physical threats to a student's self or others;

(2) Limits all suspensions to three days or less at the elementary level and five days or less at the middle, intermediate, and high school levels; and

(3) Initiates a hearing with a school counselor, teacher, student, guardian, and member of school administration once the suspension determination is made to address the reason for suspension, whether it is an appropriate measure, and if so, prepare a written plan for providing out-of-school educational services to the student and how to best integrate the student back into the classroom as soon as possible; and

BE IT FURTHER RESOLVED that if there is a need for a longer suspension, the Department of Education is requested to limit the extension to an additional three days or less at the elementary level and an additional five days or less at the middle, intermediate, and high school levels, with a meeting with a school counselor, teacher, student, guardian, and member of school administration to address the need for the extension and review the progress on the written plan for providing out-of-school educational services to the students and how to best integrate the student back into the classroom as soon as possible; and

BE IT FURTHER RESOLVED that any additional extensions follow this three- and five-day extension meeting procedure; and

BE IT FURTHER RESOLVED that the Department of Education is requested to publish a report of each complex areas efforts, including:

(1) Information on the number, type, and length of suspensions, disaggregated by student demographic data and by school, that were given in that school year;

(2) Any memorandums or standard practice documents issued to Department of Education employees relating to the pilot process; and

(3) What alternatives to suspension were used, if any; and

BE IT FURTHER RESOLVED that the Department of Education is requested to submit the report, including any other findings, recommendations, and proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2022; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution to be transmitted to the Chairperson of the Board of Education and Superintendent of Education.

	OFFERED BY:	_____________________________

Report Title:

Department of Education; Suspensions

HOUSE OF REPRESENTATIVES	H.C.R. NO.	122
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII