DO NOW:

1. DO NOW: Denise Wolk ELTF, Presenter Attleboro, MA • Make a name tent • Your name, title, organization/city • Jot down your response to the following question: • What is the most important thing that you want to learn about Chapter 222, school exclusion, and/or models of student support, resources in this session?

2. Understanding Massachusetts School Discipline Law: Promising Practices to End Discipline Disparities Education Law Task Force (ELTF)

3. Chapter 222 & School Exclusion inMassachusetts DESE Rethinking Discipline Conference March 27, 2019 Erin O’Sullivan, Esq. Senior Counsel The EdLaw Project 617-910-5842 eosullivan@publiccounsel.net

4. School Exclusion • general term for any punishment that keeps a student out of the classroom/school • Suspension – short term; ten or fewer days • Long-term suspension – more than ten consecutive days • Expulsion – permanent

5. In Massachusetts During the 2017-2018 school year, 40,809 MA students were excluded from school for at least one day (more than enough children to fill Fenway Park).

6. State Wide Data • 2017-2018 Out of School Suspensions • Students w disabilites: twice the rate (5.8% vs. 2.9%) • African American students: more than twice (6% vs. 2.8%) • Can find your school or district • http://profiles.doe.mass.edu/statereport/ssdr.aspx

7. Impact of Discipline • According to the American Psychological Association, the American Academy of Pediatrics, the Council of State Governments, and the Centers for Disease Control and Prevention, Out-of-school youth are more likely to: • Drop out of school • Repeat a grade • Engage in delinquent behavior • Become involved in the juvenile and criminal legal systems

8. Impact of Discipline • DESE Guidance: • “research has shown that suspending students from school for non-violent offenses, and particularly suspending them repeatedly, has limited effectiveness in improving their behavior and performance, and causes the students to fall behind academically.” • “School leaders in Massachusetts and across the U.S. have found that by improving school climate through positive behavioral interventions, supports, and strategies, including restorative practices and conflict resolution, they not only reduce suspensions but also promote greater school safety, discipline, and academic success.”

9. 37H 3/4 • Objective is to limit the use of exclusion, especially long term suspension • Addresses non-expellable offenses • Not 37H or 37H ½ - weapons, drugs, assault on school staff, and felony complaint exclusion • Code of Conduct violations • Allows students to make up work and receive alternative education services if long term suspended (all offenses)

10. 37H ¾: Limits Days of Exclusion The number of days that a student can be excluded from school for a non-expellable offense is 90 school days Cumulative over the school year Once that 90 is used that student may not be excluded for the rest of the year for a non-expellable offense

11. 37H ¾: Due Process • Procedural rights: Notice • Oral and written notice must be provided to the student and the parent/guardian.  Must include: • Charges, reasons for suspension, how long the suspension could be, when and where the hearing is • Both in English and in the language spoken at home

12. 37H ¾: Due Process Procedure: Opportunity to be Heard Student must be afforded an opportunity to meet with the principal/head of school Discuss the charges Must take place before the exclusion

13. 37H ¾: Parent Participation Parent or guardian must be present at the meeting Unless the school cannot reach the parent after making reasonable efforts School must document these efforts

14. 37H ¾: Discretion Principals have discretion They are required to consider ways to re-engage students in the learning process Try alternatives before long term suspension

15. 37H ¾: Non-Exclusionary Alternatives Mediation Conflict resolution Restorative justice Positive intervention and supports Probation Detention Saturday School Contracting Loss of Privileges Restitution

16. 37 H ¾: Emergency Removals • Removal without a prior hearing not to exceed two school days • Disciplinary offense -and- • continued presence of the student poses a danger to persons or materially and substantially disrupts the order of the school -and- • in the principal's judgment, there is no alternative available to alleviate the danger or disruption • And: no emergency removal until adequate provisions have been made for the student's safety and transportation home

17. 37 H ¾: Emergency Removal • During the Emergency Removal the principal must: • Make immediate and reasonable efforts notify the student and the student's parent of the emergency removal and the reason for the need for emergency removal • Provide the student an opportunity for a hearing with the principal before the expiration of the two school days • Render a decision orally on the same day as the hearing, and in writing no later than the following school day

18. 37H ¾: Due Process • Procedural: Appeal Rights • Students out for more than 10 cumulative days can appeal to the superintendent • Must receive written notice of this right • Must be requested within 5 days (7 day extension) • Once requested the appeal hearing must occur within 3 days (7 day extension) • Superintendent must make a good faith effort to include the parent or guardian in the hearing efforts must be documented • Decision must be rendered within 5 calendar days

19. 37H ¾: Academic Progress For exclusions for ANY period of time • Must be given the opportunity to make academic progress during the exclusion • Make up: assignments, homework, quizzes, exams, papers, projects

20. 37H ¾: Education Services For exclusions longer than 10 consecutive days, students are entitled to education services • Schools must create a school-wide education service plan to address these needs • Tutoring, alternative placement, Saturday school, and/or online • Schools provide written list of options and verify which the student selects • Students should be provided with 2 options

21. 37H ¾: Lower Elementary • Special consideration for lower elementary students • Pertains to students in grade k-3 who have been “removed from participating in school activities” • Principal must notify the superintendent of these suspensions in writing. Must include: • alleged misconduct • reasoning for out of school suspension

22. Questions/Comments

23. School-Based Models of Student Supports DESE Rethinking Discipline Conference March 27, 2019 Denise Wolk Consultant Secondary School Climate/Culture

24. Differential Treatment and Experiences of Many Struggling Students In School Outside of School Get less wait time Are criticized more often for failure Are praised less frequently Receive less feedback Are called on less often Are seated farther away from the teacher Have less eye contact with the teacher Have fewer friendly interactions with teachers and administrators Have their ideas accepted less often Experience ongoing trauma Come from high poverty/low opportunity communities Have unstable living arrangements Live very complicated lives Are often labeled by adults as “bad kids” without evidence NEED ongoing support and interventions to break the cycles and thrive

25. School Responses Create structures to KNOW our students, especially at the secondary level Provide PD and support for teachers and staff (our front line) Collect and use data to inform what we need to do to support all students Create multiple levels of support both within school, and by building partnerships with the wider community

26. Integrating Systems of Support PBIS and RJ: Behavioral + RtII: Academic + SEL: Social and Emotional = Multi-tiered Systems of Support

27. Multi-Tiered Systems of Support Restorative Justice Practices can integrate within every level Framework for Integrating Multiple Supports and Interventions

28. PBIS/RESTORATIVE PRACTICES CROSSWALK table

29. From RTI to RtII Why shift to “Response to Instruction and Intervention”? The research: common curriculum and shared instructional practices and supports produce greater gains in achievement shared high expectations for all students has a critical impact on academic achievement (“academic press”)

30. Why Use RtII in Secondary Schools? • Moving RTI beyond special education compliance and elementary reading interventions • Sense of urgency related to equity of academic support in middle and high schools • Evidence that many behavioral problems are rooted in academic skill gaps, particularly in adolescents • Moving from “hit and miss” interventions for some students to consistent practices that serve all students • Academic interventions are not voluntary. They must be required.

31. Why Integrate SEL? If a student can’t read…we teach him to read If a student can’t do math problems…we teach him how to do math problems If a student doesn’t know how to behave…we punishhim How is that contributing to a healthy school community?

32. Integrated SEL Agency and Identity Public Spirit SOCIAL SKILLS AND RELATIONSHIPS Social Skills AGENCY AND IDENTITY PUBLIC SPIRIT Emotional Regulation COGNITIVE REGULATION Build relationships Repair relationships Communication Empathy Prosocial skills Sharing Teamwork Respect for others Courage Ethical responsibility Civic responsibilty Social justice Service learning Leadership Recognize strengths Self-confidence Self-efficacy Perseverance and grit Growth mindset Resiliency Metacogntiion Attention Goal setting Recognizing and resolving problems Help-seeking Decision-making Organizational skills EMOTIONAL REGULATION Identify emotions Accurate self-perception Impulse control Delayed gratification Stress management Coping Cognitive Regulation All Learning Is Social and Emotional Smith, Fisher, & Frey, 2019

33. Integrated SEL Agency and Identity Public Spirit SOCIAL SKILLS AND RELATIONSHIPS Social Skills AGENCY AND IDENTITY PUBLIC SPIRIT Emotional Regulation COGNITIVE REGULATION EMOTIONAL REGULATION Build relationships Repair relationships Communication Empathy Prosocial skills Sharing Teamwork Respect for others Courage Ethical responsibility Civic responsibilty Social justice Service learning Leadership Recognize strengths Self-confidence Self-efficacy Perseverance and grit Growth mindset Resiliency Metacogntiion Attention Goal setting Recognizing and resolving problems Help-seeking Decision-making Organizational skills Identify emotions Accurate self-perception Impulse control Delayed gratification Stress management Coping Cognitive Regulation All Learning Is Social and Emotional Smith, Fisher, & Frey, 2019

34. Integrated SEL Agency and Identity Public Spirit SOCIAL SKILLS AND RELATIONSHIPS Social Skills AGENCY AND IDENTITY PUBLIC SPIRIT Emotional Regulation COGNITIVE REGULATION Build relationships Repair relationships Communication Empathy Prosocial skills Sharing Teamwork Respect for others Courage Ethical responsibility Civic responsibilty Social justice Service learning Leadership Recognize strengths Self-confidence Self-efficacy Perseverance and grit Growth mindset Resiliency Metacogntiion Attention Goal setting Recognizing and resolving problems Help-seeking Decision-making Organizational skills EMOTIONAL REGULATION Identify emotions Accurate self-perception Impulse control Delayed gratification Stress management Coping Cognitive Regulation All Learning Is Social and Emotional Smith, Fisher, & Frey, 2019

35. Provide Consistent Behavioral and Academic Supports If you can only make one big change in your school, consider this: Weekly BAG Checks for Every Student including: B = Behavior A = Attendance G = Grades • Check-in • Collegial consultation • Assigned interventions • Close monitoring

36. Pulling it All Together Use the Safe and Supportive Schools Framework as a guiding process Commit to ongoing PD and support (there IS money for this!) School leadership/leadership teams must be the cheerleaders for the effort Don’t forget to include students in your work!

37. For More Information: ELTF • Janine Solomon – MA Advocates for Children JSolomon@massadvocates.org • Erin O’Sullivan – EdLaw Project eosullivan@publiccounsel.net • Denise Wolk – School Consultant denise@denisewolk.com