2005-1

Student Disciplinary Alternative Education Programs National Hispanic Caucus of State Legislators

Sponsored by: Representative Dora F. Olivo (TX)

Adopted by the Caucus on March 18, 2005

WHEREAS, the National Hispanic Caucus of State Legislators (NHCSL) is the preeminent organization serving and representing the interests of Hispanic state legislators from all states, commonwealths, and territories of the United States and serves as a catalyst for joint action on issues of common concern to all segments of the Hispanic community; and,

WHEREAS, improving the classroom experience for students is one of the policy objectives to close the achievement gaps as outlined by the NHCSL and National Black Caucus State Legislators (NBCSL) and to address the needs of Hispanic and African-American students; and,

WHEREAS, NHCSL recognizes the critical importance of maintaining safe schools and believes strongly that we must create a safe environment where teachers can teach and our children can learn; and,

WHEREAS, well-regarded studies have acknowledged a "School to Prison Pipeline" which refers to a continuum of educational policies and practices that converge to push students--disproportionately poor and minority--out of school and into juvenile halls and prisons; and,

WHEREAS, in many states, disciplinary alternative educational settings use sub-standard facilities, have poorly trained teachers, are inadequately funded and do not follow traditional curriculum practices, resulting in the warehousing of students; and,

WHEREAS, zero-tolerance and similar disciplinary policies are being expanded to include infractions that do not threaten school safety, resulting in a disproportionate number of minority students being ticketed, suspended and/or expelled to disciplinary alternative education programs, that too often lead to criminalizing conduct that is not unlawful; and,

WHEREAS, in some states schools are allowed to institute discretionary removal policies that are not mandated or required by state law and furthermore those placements make up a majority of all placements of students in disciplinary educational settings; and,

WHEREAS, the increasing presence of police officers in schools raises concerns about their proper training and the increasing use of criminal justice system to handle problem arising in school; and,

WHEREAS, school accountability policies have the effect of encouraging the push-out of at-risk and low-performing students into disciplinary alternative education programs to boost test scores; and,

WHEREAS, there is a need to propose legislation and policies to preserve due process rights of students and parents when they are confronted with unjust or counter-productive disciplinary actions by school officials in the public school system, or when officials make a mistake in attributing misbehavior; and,

WHEREAS, there is a continual need to secure the due process rights for students with disabilities that are placed in disciplinary alternative education programs; and,

WHEREAS, NHSCL holds that the necessary resources must be made available to schools so critical prevention and intervention efforts can be provided before disciplinary action is necessary and during the a student's placement in disciplinary educational programs.

THEREFORE, BE IT RESOLVED, that NHCSL opposes, in principle, "zero tolerance" and other harsh discipline policies that encourage the frequent use of suspension for student code violations or mandate expulsion to off-campus disciplinary educational settings or referral of students to juvenile or criminal court, without regard to the circumstances or nature of the offense or the student's history; and,

BE IT FURTHER RESOLVED, that NHCSL opposes policies and procedures that result in the warehousing of students in disciplinary alternative education programs without proper education standards; and,

BE IT FURTHER RESOLVED, that NHCSL supports policies that ensure school safety without compromising accountability and high educational standards.

Adopted this 18th day of March 2005 at the National Hispanic Caucus of State Legislators’ Executive Committee Meeting held in Atlanta, Georgia