Virginia Association of Secondary School Principals
Contact your local legislator to discuss
Discipline Bills in Education!

BELOW IS A COPY OF A VASSP MEMORANDUM DISTRIBUTED TO MEMBERS OF THE SENATE EDUCATION AND HEALTH COMMITTEE

To:  Members, Senate Education and Health Committee

From: Board of Directors, Virginia Association of Secondary School Principals

Re:  Discipline bills

The members of the Board of the Virginia Association of Secondary School Principals would like to take this opportunity to ask that you consider the position of our members on legislation relating to the handling of discipline issues by administrators and school boards in our middle and high schools.

The classroom is a reflection of society, with all its many opportunities and challenges.  Our teachers, administrators and school boards are working hard to meet those challenges.  If administrative discretion in the handling of discipline cases is diminished, options for taking appropriate action will decrease. Currently, administrators and school boards have some discretion to handle student discipline issues on a case by case basis, and we believe, with more restrictive legislation that limits options, they could find themselves in the unenviable position of putting safety and/or learning at risk or of applying harsher penalties in cases where discretion has been reduced. No principal wants a child out of school; however, as school leaders, they are charged with maintaining a safe environment and one that promotes learning for all students. Tying the hands of administrators and limiting their ability to make decisions based on their best judgment (and on the individual merits of each case) does no justice to students.

H1534/S995:  long-term suspensions .  No long-term suspension shall extend beyond the current grading period. However, if the school principal or division superintendent finds that aggravating circumstances exist, as defined by the local school board, then a long-term extension may extend beyond the current grading period but in no case shall a long-term suspension extend beyond the current school year. Note: If a principal recommends a suspension that exceeds 10 days, the issue of extending that suspension is decided by the school board.  Concerns/Issues:
  1. Re: language that disciplinary action cannot extend beyond grading period (unless aggravating circumstances) or beyond current school year: Question: How would this affect infractions that occur at the end of the school year?                      
  2. Some school divisions have few alternatives available or the designated staff or space in which to operate an in-school disciplinary alternative option.
  3. Mental health issues and the lack of resources and expertise to address this in schools is a big issue; repeat offenders could have underlying mental health issues that schools are often unable to address or specifically identify. 
  4. A strict interpretation of this attempt to discourage long-term suspensions could actually result in more expulsions, i.e., if a serious infraction occurs just before the end of a grading period, requiring separation of the student from other students/staff, a school board might opt for a harsher penalty.   

SB 996(HB1535 ) : prohibits schools from suspending or expelling students solely for disruptive behavior unless the behavior involves intentional physical injury or is a credible threat of physical injury to another person. Concerns/Issues:
  1. "Disruptive behavior," "defiance," etc., are required code groups under which behaviors must be categorized and do not reflect an individual situation.
  2. If, for example, a student uses a sharp pencil to inflict injury on another student (assult with injury), should the administrator be compelled to report as "assault" rather than apply a short-term suspension or lesser punishment? What about a student taking unwanted/inappropriate pictures of female students, for example - will principal be compelled to report as sexual assault? Why not allow administrators and school boards to consider circumstances and apply a lesser, more appropriate penalty? Administrative discretion most often benefits the student; and, although the overarching requirement for principals is to maintain a safe environment that promotes learning for all, they are also concerned with the welfare and education of every student.
  3. Many divisions do not have off-site alternative options or even in-school options due to funding, staff and facilities issues; therefore, they are forced to work with the resources they have and make the best decisions for all students.
  4. Teachers: attraction and retention – VA currently has 800 teaching vacancies. No teacher can teach and maintain order in the classroom if a student or students continually disrupt class, and they need support from administrators to be able to teach in a safe and orderly environment.
  5. Administrators and school boards do not look for ways to send students out of school; they look for creative ways to keep them in the classroom. Many of our poorer divisions have higher instances of discipline issues for a myriad of reasons and, unfortunately, are often “hard to staff schools.” They typically have fewer alternatives for students who present with discipline problems, many of which may stem from mental health problems. 
We look forward to speaking with you personally about our concerns related to student discipline and maintaining a safe and productive learning environment for all our students.