SCR106

WHEREAS, suspensions not only fail to address the root causes of disruptive behavior, but also are related to future undesirable outcomes such as dropping out of school and becoming enmeshed in the criminal justice system; and

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

WHEREAS, the definition of suspensions includes 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 - 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 increased 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 motivation to learn, with effects that are 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 such 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; examples include when:

(1) California saw a 46 percent drop across its districts over a five year span;

(2) Dekalb County in Georgia witnessed a 47 percent decrease in discipline rates;

(3) A Baltimore Public School System official testified 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"; and

(4) Administrators say 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 have the power and responsibility to make schools safe and welcoming learning spaces for Hawai‘i public school students today; and

WHEREAS, some 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 already have alternatives to suspension in chapter 19 of Title 8, Hawaii Administrative Rules available to them; and

WHEREAS, principals and administrators can already track the number, length, type of suspension, and demographic data of the student; and

WHEREAS, principals and administrators can already determine if there are disparities in the number, length, and type of suspension; now, therefore,

BE IT RESOLVED by the Senate of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2020, the House of Representatives concurring, that the Department of Education is requested to identify between one to three complex areas with high rates of school suspensions, both in number and length, to pilot an elimination of school suspensions at the elementary school level, and cap all types of suspensions at ten aggregate days per student at the middle and high school levels; and

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

(1) Information on how many suspensions, what type, and length, disaggregated by student demographic data and by school, were given in that school year; and

(2) Any memoranda or standard practice documents issued to Department of Education employees; and

BE IT FURTHER RESOLVED that the Department of Education is requested to submit its report 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, Superintendent of Education, and Complex Area Superintendent or Superintendents of the school complexes chosen for the pilot.

	OFFERED BY:	_____________________________

Report Title:

Requests DOE pilot limitation on suspensions SY 2020-2021

THE SENATE	S.C.R. NO.	106
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII