Dora dome discipline alt complete handout

NEW LAWS AND A CASE STUDY
RELATED TO ALTERNATIVES TO
SUSPENSION
January 17, 2014
8:30 AM – 10:00 AM
2014 ACSA CONFERENCE
Presented by:
Dora J. Dome, Esq. & Dr. Susan Craig

Dora J. Dome Biography

Dora J. Dome has practiced Education Law for over 17 years, primarily in the areas of
student issues and special education. She currently provides legal representation to school
districts on student issues, and has renewed her emphasis on developing and conducting
professional development trainings for district staff that focus on Bullying, Equity and Legal
Compliance in a proactive effort to build staff capacity to address the changing needs of their
students.
Ms. Dome’s work with Bullying focuses on helping school districts create the necessary
infrastructure to identify and address bullying in schools and to provide staff with effective
strategies to respond to various forms of bullying and harassment. Her Equity trainings examine
diversity and equity issues facing school districts such as examining stereotypes that impact
attitudes and behavior of staff and students, identifying the harmful effects of stereotypes within
the school setting, and coaching staff to develop skills to identify, interrupt and prevent
discriminatory behavior. Ms. Dome’s legal compliance trainings provide up-to-date information
and guidance on how to ’stay legal’ in the areas of special education, student discipline and
Section 504.
Admitted to the Hawaii State Bar in 1996, Ms. Dome served as a special education consultant
and trainer for the Hawaii State Department of Education and Hawaii State Department of Health
for five years. Ms. Dome was admitted to the California Bar in 2003. She worked with the
education law firm of Dannis Woliver Kelley, (fka Miller Brown and Dannis) for eight years.
Ms. Dome has studied in the areas of Race and Ethnicity, Critical Legal Studies and Critical
Race Theory and has been certified as a Cultural Diversity Trainer by the National Coalition
Building Institute (aka NCBI). She has developed and conducted trainings for numerous school
districts and school boards in the areas of student diversity and equity, student and special
education discipline, harassment/discrimination, bullying, special education, No Child Left
Behind, alternative assessments for African American students, Section 504, and student records.
Ms. Dome also regularly presents at association conferences such as ACSA, CSBA and
CASCWA. She also participated on the Gay & Lesbian Athletics Foundations (aka GLAF)
Keynote Panel on “Race and Racism in LGBT Athletics” and presented at the NCAA Black
Coaches Association Annual Conference on “Homophobia in Sports.” She graduated from
University of Hawaii, Richardson School of Law (J.D.) and from University of California, Los
Angeles (B.A.).
Ms. Dome is an Adjunct Professor at Mills College and a Lecturer at the University of California
at Berkeley, teaching Education Law and Policy in the administrative credential programs for
soon to be administrators.

1/6/14

© 2014 DORA DOME LAW p. 1

Agenda
  Overview of AB 1729 and AB 256 Amendments
  Berkeley Unified School District – Case Study


AB-1729
Amendments
  Legislative Findings:
  Overuse of school suspension and expulsion
  Disproportionate impact of exclusionary
discipline practices on:
  Students of color,
  Students with disabilities,
  LGBT students, and
  Other vulnerable populations.


© 2014 DORA DOME LAW

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  Suspension, including supervised suspension, shall
be imposed only when other means of correction
fail to bring about proper conduct.
  Suspension for 1st offense:
–  Violation of 48900(a), (b), (c), (d) or (e); or
–  Pupil’s presence causes a continuing danger to persons.
–  Deletes – danger to property or threatens to disrupt the
instructional process.
(Education Code 48900.5(a), 1/1/13)


  Conference between school personnel, parent/guardian, and
the student
  Referrals to school counselor, psychologist, social worker,
child welfare attendance personnel, or other school support
service personnel for case management and counseling
  Study Teams, guidance teams, resource panel teams, or other
intervention-related teams that assess the behavior, and
develop and implement individualized plans to address the
behavior in partnership with the student and his or her parents
  Referral for a comprehensive psychosocial or
psychoeducational assessment, including for purposes of
creating and IEP or a Section 504 Plan

  Enrollment in a program for teaching prosocial behavior or
anger management
  Participation in a restorative justice program
  A positive support approach with tiered intervention that
occurs during the school day on campus
  After-school programs that address specific behavioral
issues or expose students to positive activities and behaviors,
including, but not limited to, those operated in collaboration
with local parent and community groups
  Community service
(Education Code 48900.5(b), 1/1/13)


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  Discretionary recommendations
  Mandatory recommendations
  Stipulated expulsions


  Unless the principal, superintendent or designee
determines that expulsion should not be
recommended under the circumstances or that an
alternative means of correction would address the
conduct, the principal, Superintendent or designee
shall recommend a student's expulsion for any of the
following acts that occur at school or at a school
activity off grounds: (Ed. Code, § 48915 (a)(1), 1/1/13.)


(C) Unlawful possession of any controlled substance,
except for
(i)  The first offense for the possession of not more than one
avoirdupois ounce of marijuana, other than concentrated
cannabis.
(ii)  The possession of over-the-counter medication for use
by the pupil for medical purposes or medication
prescribed for the pupil by a physician.



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  The principal, superintendent or designee shall
immediately suspend and recommend for expulsion
any student found at school or at a school activity to
be: (Ed. Code, § 48915, subd. (c).)


  Possessing, as verified by a district employee, or
selling or otherwise furnishing a firearm, unless the
student had obtained prior written permission to
possess the item from a certificated school employee,
with the principal or designee's concurrence.
  The act of possessing an imitation firearm, is not
an offense for which suspension or expulsion is
mandatory (Education Code 48915(c)(1), 1/1/13)


AB-256
Amendments
  48900(r)(2) (A) “Electronic act” means the
creation and transmission originated on or off the
schoolsite, by means of an electronic device,
including, but not limited to, a telephone, wireless
telephone, or other wireless communication
device, computer, or pager, of a communication,
including, but not limited to, any of the following:



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CASE STUDY



 
 
 
 
 
 

Total enrollment: 9,580
White students: 37%
Latino students: 22%
African American students: 19.5%
Asian students: 8%
Trend: African American enrollment is
decreasing

  Berkeley is a community that is internationally
known for progressive ideals with regard to
educational equity and social responsibility,
including free speech and disability rights.
  1968: Berkeley was the first city in the Nation to
desegregate schools voluntarily, without a court
order. At the time, the school population was
50% White and 41% African American.
  The community regularly approves parcel taxes
to ensure a high quality public education for all.


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  August 2004: Smith v. Berkeley USD –
Federal class action lawsuit filed alleging
that African American and Latino students
were expelled from Berkeley High School
without due process and denied their right to
an education. Resulted in Consent Decree.
  May 19, 2008: A BUSD middle school
featured in the San Francisco Chronicle for
having one of the highest suspension rates
for violence in the Bay Area.

SCHOOL YEAR

ENROLLMENT SUSPENSIONS

EXPULSIONS

2008-2009

8,922

2,124

47

2009-2010

9,204

1,267

22

2010-2011

9,397

896
14
(QUARTER 1: 170 )

2011-2012

9,545

795
15
(QUARTER 1: 145 )

2012-2013

9,780

(QUARTER 1: 86)

1

2013-2014

9,580

(QUARTER 1: 61 )

0

SCHOOL

2008-2009

2011-2012

2012-2013

BERKELEY
HIGH SCHOOL

606

309

215

WILLARD
MIDDLE
SCHOOL

353

43

54

ROSA PARKS
ELEMENTARY
SCHOOL

65

6

3



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  FACT: A disproportionately high number of African
American students are suspended.
  IMPROVEMENT: Suspensions overall have
declined, including overall suspensions for African
American students.
  NEEDS IMPROVEMENT: The percentage of
suspensions that are for African American students
has increased slightly. The race-based gap in
suspensions with regard to African American
students has not been reduced.


School Year

Percentage of
Suspension for African
American Students
(first Quarter data)

Percentage of
Enrollment for African
American Students

2011

60%

22.3%

2012

60%

21.3%

2013

61.6%

20.4%

2014

61.2%

19.5%


  Set your intention to break the school to prison pipeline:
Consistently implement alternatives to suspension unless the
student poses a danger and/or other means of corrected have failed
to bring about proper conduct.
  Publicly state your district’s intentions to reduce suspensions
and expulsions and eliminate racial disproportionality in
exclusionary discipline practices through district goals.
  Share suspension and expulsion data with site administrators
regularly and provide ongoing support. Engage in courageous
conversations with all school staff regarding discipline
practices.



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  Tier 1: School-wide practices to build a positive school climate
that is culturally responsive. Tier 1 support serves to
strengthen every student’s membership in the school
community and prevent behaviors that may result in
suspension or expulsion.
  Tier 2: Site-level practices of progressive discipline that do not
remove the student from school and provide support and
education for students regarding appropriate decision-making,
ownership of mistakes, and repairing harm done.
  Tier 3: School and District-level support for students who are
being suspended repeatedly, alternatives to expulsion when
appropriate and allowed by law, and suspended expulsions.


  Culturally Responsive Positive Behavior Intervention and Support
(PBIS) in place in all pre-schools, elementary, and middle schools.
  Specific training in Tier 1 culturally responsive PBIS practices to
address the racial disproportionality of student discipline practices
as been provided for teams at all schools, pre-K through 8.
•  Ongoing training for all administrators in racial equity and culturally
responsive practices.
•  Welcoming Schools curriculum in all K – 5 schools.
•  Olweus bullying-prevention program: school-wide bullying survey at
Berkeley High School has been conducted, some staff at BHS,
middle school counselors, and middle school vice-principals have
been trained.
•  Restorative Justice support is available at 1 elementary and all 3
BUSD middle schools.

  Counseling, Mental Health, and Academic Support at all Schools:
mental health support available at all schools, counselors at all middle
schools and high schools (funded through MHSA $5,000 per elementary
school, parcel tax pays for middle school counselors), RtI teams at all
elementary and middle schools make recommendations for support and
monitor the needs of identified students, universal learning support teachers
provide targeted academic support at all elementary schools (teachers
parcel tax funded), District psychologist and behavior specialists provide
recommendations and support for identified students (funded through
general fund)
  Alcohol, Tobacco, and Other Drug (ATOD) Targeted Support at all
Middle and High Schools: 1 on 1 and small group counseling support
provided at all middle schools and high schools (funding sources: TUPE
grant (3 middle schools, continuation high school, comprehensive high
school), County Health grant (2 middle schools and continuation high
school), school-based health centers located at BHS and continuation high
school, Childrens Hospital provides services at the continuation high school



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  Alternatives to suspension at middle schools
include:
  Site-based interventions such as community
service, temporary loss of school privilege,
parent shadowing, restorative justice mediation
or conferencing, sexual harassment sessions
with student and parent, youth court, and inschool suspension.


  Support for students identified as “high risk” at Berkeley
High School: full-time intervention counselor provides
intervention support, School Resource Officer provides
mediation, On Campus Intervention team provides
support services for students including alternatives to
suspension, youth court program at BHS provides
alternatives to suspension, Dean of Attendance and staff
provide truancy support, 12 Safety Officers and 4
Campus Monitors are trained in Restorative Justice, the
Alive & Free Prescription for non-violence, and Nonviolent Crisis Intervention (CPI)

  ALL STUDENTS AT BTA NEED TIER 2 SUPPORT
  All staff are trained in the Omega Boys Club’s Alive and Free
Prescription for non-violence.
  All students participate in weekly Alive and Free sessions with Dr.
Joseph Marshall and staff
  Student Welfare and Attendance Specialist provides behavioral and
truancy support.
  Students with Alcohol, Tobacco, and Other Drug issues are referred
to ATOD therapists in lieu of suspension.
  Staff training in PBIS, Restorative Justice and Transformational Life
Skills to de-escalate student behavior.
  2 Safety Officers with training in RJ, Alive & Free, and CPI.



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  Inappropriate to Expel Process: for 48915(a)
offenses - documentation, behavior contract, and
referral to intervention programs and services.
  LifeLines Academies: District-level violence
prevention/intervention groups for students and
parents/caregivers; facilitated by the San
Francisco Omega Boys Club. Groups meet
every week. LifeLines Prep: grades 4-7,
LifeLines Academy: grades 8-12.

  Restorative Justice Community
Conferencing: Voluntary Restorative Justice
conferencing program in lieu of expulsion and/or
incarceration operated by a non-profit,
Community Works West.
  Options for Programs in Lieu of Expulsion:
Recommend that district retain legal leverage
through the recommendation for expulsion to
ensure that students follow-through with program
participation.

  Focus areas for reducing suspensions have
been established:
  49800(c)/ 48915(a)(1)(C) offenses – students
who are in possession of a controlled substance
are referred to ATOD counseling support in lieu
of suspension, for repeat offenses a referral to
LifeLines Academy is also done. If a student is
under the influence, the suspension is for 1 day,
then the student is referred to ATOD counseling


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  48900(k) offenses – Administrators have been
told to make every effort to use alternatives to
suspension for disruption/defiance. Suspensions
for 48900(k) offenses are discussed with site
administrators.


  A Tier 2 training for Culturally Responsive PBIS
is currently being planned.
  PBIS support at Berkeley High School and the
continuation high school still need to be
addressed.


510.464.DOME
(3663)
oﬃce

510.301.6667
cellular

510.291.9599
fax

ddome@doradomelaw.com
e-‐mail

www.doradomelaw.com
web



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