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TO -

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ADMINISTRATOR TRAINING -

HB 1952

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The 83rd Legislature, through HB 1952, amended Section 37.0181 of the Texas Education Code to read:

Sec. 37.0181 - Professional Development Regarding Disciplinary Procedures -

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(a) Each principal or other appropriate administrator who oversees student discipline shall, at least once every three school years, attend professional development training regarding this subchapter, (cont.)

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(cont.) including training related to the distinction between a discipline management technique used at the principal’s discretion under Section 37.002(a) and the discretionary authority of a teacher to remove a disruptive student under Section 37.002(b).

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(b) Professional development training under this section may be provided in coordination with regional education service centers through the use of distance learning methods, such as telecommunications networks, and using available agency resources.

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LET’S

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Mirroring a nation-wide trend, Texas has experienced an overuse of exclusionary discipline practices (practices that remove a student from his/her regular classroom or campus).

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Experience tells us that out-of-school suspension and expulsion are in themselves not inherently bad discipline practices. These and other exclusionary discipline practices (In-School Suspension, Disciplinary Alternative Education Program) can be effective disciplinary measures with certain students under certain circumstances.

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Unfortunately, data in both Texas and the Nation indicate that exclusionary discipline practices have resulted in a disparity for certain student populations.

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TEXAS Data

A large longitudinal study in Texas was published in 2011 – “Breaking Schools’ Rules”

• It was a 6 year statewide longitudinal study.• It examined records for ALL 7th grade students

in Texas public schools and followed them for 6 years (three cohorts: 2000, 2001, 2002).

• There were 928,940 total students• The study controlled for more than 80

variables.

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Breaking Schools’ Rules

Some findings –

Nearly 6 in 10 of all students were suspended or expelled at least once between 7th and 12th grade.

Only 3% were mandatory removals; 97% were discretionary removals (violations of local schools’ conduct codes).

(This finding is really important)

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Breaking Schools’ Rules(more findings)

African American students and students with particular educational disabilities were disproportionately removed for disciplinary reasons.

African American students had a 31% higher likelihood of school disciplinary action compared with otherwise identical White and Hispanic students.

Nearly ¾ of students qualifying for special education services were suspended or expelled at least once in the study time period (Emotionally Disturbed most, Autism and Intellectual Disability (formerly MR) least).

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Breaking Schools’ RulesAcademic impact:o Students suspended or expelled for

discretionary violations were twice as likely to repeat a grade.

o Frequent flyers (suspended or expelled repeatedly) were more likely to repeat a grade and more likely to drop out of school.

o A student suspended or expelled for a discretionary violation was twice as likely to repeat his or her grade compared to a student with the same characteristics, attending a similar school, who had not been suspended or expelled.

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If students aren’t in school, they can’t learn. If students are excluded from school or their regular class, they will miss valuable instruction. Are there other disciplinary measures that we can use that won’t negatively impact the opportunity for academic success?

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Exclusionary discipline measures have not proven to change student behavior over time. It is important that we maximize our use of measures that have proven to result in positive outcomes.

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Research has indicated that there are measures (Positive Behavior Interventions & Supports and Restorative Discipline for example) that can be used to change student behavior over time.

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HOW TEACHERS CAN HELP

Teachers can positively impact discretionary discipline measures on a campus in several ways -

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Research indicates that three of the major areas in which teachers can have a positive impact on behavior, thereby positively impacting academic success, are –

1) STRUCTURE: Structuring a classroom to better prevent inappropriate behavior (ex. - routines and procedures within the classroom that are consistent and predictable; modeling appropriate behavior; having clear classroom expectations and teaching the behavior necessary to meet those expectations; etc.)

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2) RELATIONSHIPS: Knowing each student as an individual; making students feel welcome, supported, and valued; giving positive attention to the behavior you most want to see; giving contingent (for something that was accomplished) and non-contingent (just recognizing the value of the student as a person) reinforcement and regard; modeling calm responses to difficult circumstances; correcting students briefly, calmly, and respectfully; paying the most attention to and reinforcing appropriate behavior (rather than only reacting to negative behavior); etc.

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3) QUALITY INSTRUCTION: Instruction that engages students; accommodates students’ various learning styles and needs (differentiation); helps to maintain students’ attention; recognizes cultural differences; etc.

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Another way that research shows teachers can help minimize the use of exclusionary discipline measures is by utilizing techniques to address inappropriate behavior in their classroom to the greatest extent possible. If a classroom teacher is capable of handling most inappropriate behaviors in the classroom, there will be less need for office referrals.

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If teachers use positive behavior interventions & supports and have a graduated set of disciplinary measures within their classroom, they will have less need to send students to the office for discipline. Following is a list of some possible classroom disciplinary consequences -

MENU OF CLASSROOM CONSEQUENCES

• Use of proximity correction (walk/stand close to the student while instructing class)

• Keep a record of the behavior (collect data – if student knows his/her behavior is being recorded, this in itself often lessens occurrence of that behavior). Use the data in decision making.

• Use planned ignoring.• “Cool Down” location in classroom (student helps determine when

needed).• Use a point system – classroom or individual (Earns points that can

be traded for reward).• Implement a cost-response lottery – classroom or individual (starts

day/week with certain number of points. Loses points with inappropriate behavior).

• Assign time-owed from recess or after class (you disrupted for 10 minutes, you owe 10 minutes).

• Assign time-owed after school.• Assign a time-out at the student’s desk.

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• Assign a time-out in another location in the classroom.• Assign an inter-class time-out (goes to another

classroom).• Issue a demerit (ex. - 3 demerits = after-school

detention).• Have student fill out a Behavior Improvement Form

(meet with student, discuss expected behavior and what student will do, fill out form & sign with student).

• Require restitution by the student (student must do something to make it right/repair harm).

• Referral to office.

(Note: Time-out needs to be time away from something student enjoys. Otherwise student can utilize time-out as an escape or avoidance strategy.)

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n o te

A quick note on one critically important strategy for improving student behavior -

TEACH REPLACEMENT

BEHAVIORS

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As educators, we must use caution in assuming a student “knows how to act” or knows what appropriate behavior actually is/looks like.

Rather than tell students to act appropriately and expect them to do so, we need to be sure the student knows what the behavior is that we are expecting. It is critical that we teach “replacement” behaviors.

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Teaching replacement behaviors begins with the premise –

“Instead of doing what you did, next time do this.”

We then discuss, model, role-play, practice, etc. the appropriate replacement behavior. This may take time but students can learn appropriate behavior (just like they learned inappropriate behavior).

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Examples of Replacement Behaviors

How to solve a problem with your teacher respectfully, without exploding.

How to appropriately ask for help from your teacher in the classroom.

How to identify when you are becoming agitated and ask for a “break”.

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How to let an annoying peer know they are bothering you.

How to greet the bus driver appropriately.

How to self-monitor behavior.

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HOW ADMINISTRATORS CAN HELP

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As indicated in a previous slide (slide # 13), 97% of the suspensions and expulsions were discretionary placements.

0.97

0.03

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Discretionary placements are determined by the administrator, following an infraction of the Student Code of Conduct. The administrator has the discretion to determine what discipline management techniques are appropriate and consistent with the Student Code of Conduct (Sec. 37.002a).

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There are two helpful documents that can assist administrators in determining which student infractions require mandatory placements and which infractions result in discretionary determinations about placement.

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It is recommended that participants of this training familiarize themselves with the location and contents of these two documents (info coming up on how to access them) and have them readily available to assist their efforts in making disciplinary determinations.

(Your time accessing any documentsreferenced in this power point is included in the time credited toward completion of this training.)

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The two helpful documents are -

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Appendix E of the 2014-2015 (or most current year) PEIMS Data Standards. It provides helpful information on discipline in a Question/Answer format and also provides a chart (PEIMS 425 Record Chart) for determining Mandatory and Discretionary placements.

PEIMS

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Appendix E can be accessed by going to the Texas Education Agency website, click on A-Z Index, click on PEIMS Data Standards, click on Data Standards 2014-2015 (or most current year), scroll down to Appendix E. (Click on link. Click on “OK” when box

appears, then click on link again)

http://tea.texas.gov/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=25769819808&libID=25769819917

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Another helpful guide for determining mandatory and discretionary placements is the Chapter 37 Offenses and Consequences Chart document developed by the Texas Association of School Boards. It can be located in PDF format by Googling ‘TASB chapter 37 chart’. (Note: If using link, document will appear behind power-point slide)

TASBwww.tasb.org/Services/Legal-Services/TASB-School-Law-eSource/Students/documents/chapter_37_chart_2013.aspx

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IMPORTANT REMINDER

There are procedural safeguards to be considered prior to assigning special education students to a “change of placement”.

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State and Federal laws indicate that a change of placement occurs if:

The removal is for more than 10 consecutive school days; or

The child has been subjected to a series of removals that constitute a pattern.

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The law also defines a ‘pattern’, reminds us that a local education agency’s (LEA) determination is subject to review through due process and judicial proceedings, and alerts us to notification responsibilities in these scenarios.

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Your district Special Education Director is a resource regarding these procedural safeguards. You can also Google “The Legal Framework” and scroll down to ‘Change in Placement’ for guidance/laws regarding this issue.

The Legal Framework document is a template that summarizes state and federal requirements for special education. It is a recommended resource for all campus administrators.

http://framework.esc18.net/display/Webforms/ESC18-FW-Category.aspx?DT=T

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More Discipline Tools and Strategies

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Research shows that a common definition of, or understanding of, various infractions by campus-wide personnel can also positively impact disciplinary practices. For example, if all staff agree on what “classroom disruption” means and looks like, there will be more consistency in making discipline referrals to the office for “classroom disruption”.

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Using the “classroom disruption” example, one teacher sends a student to the office for classroom disruption because the student did not bring his/her materials (or spoke out in class without permission, etc.).

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Another teacher only sends a student to the office for classroom disruption if the student threw a book across the room (or repeatedly yelled out in class, threatened another student, etc.).

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Both scenarios result in an office discipline referral for classroom disruption and require a decision from the administrator on what consequence is appropriate for a particular student.

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If there is an agreed upon definition of “classroom disruption”, there will be greater fidelity in (and probably fewer) discipline referrals for that infraction.

DISCIPLINE

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It is also important for teachers and campus administrators to have various strategies/consequences at his/her disposal on a campus-wide basis. Following are examples for both common-area (cafeteria, playground, student center, etc.) and campus-wide consequences:

Menu of Common-Area Consequences

• Use a proximity correction.• Give a gentle verbal reprimand. Some types include: Quick: Use a “one-liner” Instructional Humorous Appeal to relationship.• Keep a record of the behavior.• Written notification to the teacher.• Assign a timeout (Stay right there for 30 seconds)• Assign a timeout in a specified location.• Timeout with supervisor (Stay with me for 1 minute)

• Have student fill out a Behavior Improvement Form.

• Require restitution by the student (e.g. – apology, go back and walk, clean desk, etc.)

• Issue a demerit in common area. 3 demerits = 1 to 3 days of:

Restricted area or assigned table. Assigned to work with counselor. Work detail.• Referral to office.

Menu of Schoolwide Consequences

• Positive practice/overcorrection (if runs in hall, has to go back and walk – maybe even practice during recess, lunch, etc.)

• Detention (before school, after school, lunchtime)

• Restitution (make it right - apologize, clean the desk, provide a new pencil, etc.)

• Restricted movement/modified schedule• Behavior Improvement Form• Student court

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• Peer mediation• Parent conference• Parental supervision at school• Offense-related community service• Saturday school• In-school suspension• Out of School Suspension• DAEP Placement• Expulsion

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Let’s Review the Stuff About

Removal By Teacher

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Chapter 37 of the Texas Education Code addresses discipline, law and order.

Sec.37.002 indicates that “A teacher may remove from class” a student whose behavior has been documented by the teacher to “repeatedly interfere with the teacher’s ability to communicate effectively with the students in class or with the ability of the student’s classmates to learn; or

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(cont.) whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn.”

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It goes on to state that “The principal may not return the student to that teacher’s class without the teacher’s consent unless the committee established under Section 37.003 determines that such a placement is the best or only alternative available.”

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Section 37.003 describes this ‘Placement Review Committee’ as consisting of a three-member committee established by the school to make those decisions in those circumstances.

It indicates that members are to be appointed as follows:

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1) “the campus faculty shall choose two teachers to serve as members and one teacher to serve as alternate member; and

2) the principal shall choose one member from the professional staff of a campus.”

(note – The teacher refusing to readmit the student may not serve on the committee.)

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It is important to note that if a teacher removes a student from class for engaging in the elements of some serious offenses against the teacher, the student may not be returned to the teacher’s class without the teacher’s consent. The teacher cannot be coerced to consent.

These are primarily serious offenses that meet specific definitions in the Texas Penal Code. They are -

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Sec. 37.006 (a)(2)(B) – engages in conduct that contains the elements of the offense of assault under Section 22.01 (a)(1), Penal Code;

Section 37.007 (a)(2)(A) – engages in conduct that contains the elements of aggravated assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;

Section 37.007 (b)(2)(C) – engages in conduct that contains the elements of an offense under Section 22.01 (a)(1), Penal Code, against a school district employee or a volunteer as defined by Section 22.053, Penal Code.

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CIRCUMSTANCES

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Research indicates that zero tolerance policies, once common, increased the amount of exclusionary discipline consequences utilized. The law now discourages zero-tolerance policies by indicating that various circumstances must be considered before making disciplinary determinations.

So………

Let’s not forget to consider circumstances. Doing so may have an effect on our placement decisions.

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The law states in Sec.37.001(4)(A-D) that our Student Code of Conduct must reflect consideration be given to various circumstances “as a factor in each decision concerning suspension, removal to Disciplinary Alternative Education Program (DAEP), expulsion, or placement in a Juvenile Justice Alternative Education Program (JJAEP).”

circumstances

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The circumstances to be considered are -

o Self-defense;o Intent or lack of intent at the time

the student engaged in the conduct;o A student’s disciplinary history;o A disability that substantially impairs

the student’s capacity to appreciate the wrongfulness of the student’s conduct.

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Campus data to consider based on research:

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Have we looked at our campus discipline data (office discipline referrals, etc.)? Do we do that periodically? Do we do it together (teachers and administration)? Can we have honest conversations about it?

What to look for:

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Locations –

Are a large number of incidents/referrals occurring in certain common area locations? (Cafeteria? Bus stop? Bathrooms? Certain hallway/wing of campus? Gym?, etc.)

If so, what can we do differently in those areas? More supervision? Schedule changes? Etc.

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Are a large number of incidents/referrals occurring in certain classrooms?

If so, what can be done differently? Is there a need for more support, more training, schedule changes, etc.?

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Time –When are most of our problems occurring - morning entry, lunch time, transitions, afternoon exit, etc.? If so, what can we do differently?

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Students –

Are a small number of students responsible for a large percentage of our referrals? What can we do differently for those students?

Are students of a particular age/grade, gender, or ethnicity receiving more referrals? If so, what can we do differently for those students? Is there training that would be helpful for staff?

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Infractions –

Are we having large numbers of a certain infraction? Do we have a common campus agreement on what constitutes that infraction? (back to our ‘classroom disruption’ example) Can we identify training needs for students or staff?

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Other things to look at –

Have we looked at our campus failure rates? Failure rates can provide us clues into problem areas, not only academically but often behaviorally as well. The two are most often intertwined. Are failure rates greater for certain classrooms? For certain subject areas? For certain grade levels? If we identify outliers, are behavior problems a factor? Do we have room for improvement in classroom management? In quality instruction ? Are there training needs? Support needs?

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An outstanding resource –

The recently available document by the U.S. Department of Education: “Guiding Principles – A Resource Guide for Improving School Climate and Discipline”.

www.ed.gov/school-discipline

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Points to remember –

• The State and FederalGovernments are emphasizingthe importance of reducing the use of exclusionary discipline consequences in schools.

• Research has shown that exclusionary practices have resulted in disproportionate representation of certain student populations.

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• Research has also shownthat there are strategies (Positive Behavior Interventions & Supports, Restorative Discipline, etc.) that can reduce the need for exclusionary discipline consequences.

• For most discipline infractions, administrators have the discretion to determine consequences.

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• Teachers have the authority to remove a student from the classroom for certain behavior, and refuse the student’s return to their classroom without the teacher’s consent. When this happens, a committee must determine if that classroom is the “best or only alternative available”. If so, the student may be returned without the teacher’s consent.

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• For certain serious offenses (see TEC Chapter 37 Sec. 37.006(a)(2)(B) and Sec. 37.007(a)(2)(A) or (b)(2)(C), the student cannot be returned to the classroom without the teacher’s consent.

• If students can be kept in school, they will receive more instruction and have a better opportunity to be

academically successful.

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• Research shows that classrooms and campuses that have consistent, well-defined behavioral expectations (that are understood by students and staff), and that teach students how to perform the desired behavior, typically have reduced levels of inappropriate behavior.

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• Research indicates that if we can establish a campus culture that makes students feel they belong, they are safe, and they are valued, we will decrease the need for disciplinary measures and increase the level of academic success.

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• HB 1952 went into effect in the 2013/2014 school year and requires administrators to receive training on student disciplinary procedures at least once every three years.

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References/Resources:

House Bill 1952 of the 83rd Legislature

Texas Education Code: Chapter 37

Public Education Information Management System (PEIMS) 2014/2015

Breaking Schools’ Rules report – Justice Center, Council of State Governments & Public Policy Research Institute

CHAMPS: A Proactive Approach to Classroom Management - Dr. Randy Sprick

Texas Behavior Support (TBS) Network

The Legal Framework

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If you have questions regarding any information in this training, or would like more information on establishing a system of campus-wide positive behavior interventions and supports, please contact:

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David AndersonEducation Specialist

Region 9 Education Service Center940-322-6928, ext. 8232

david.anderson@esc9.net

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!

(Attestation next slide)

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ATTESTATION

By clicking the link below, I am providing confirmation that I have completed, in its entirety, the Region 9 ESC training module entitled “Administrator Training – House Bill 1952”. Please put HB 1952 in the subject line and your name and campus in the message pane. Your completion will be confirmed in the Region 9 Professional Development system and you will be able to print your certificate within the next five working days.

david.anderson@esc9.net