Good Discipline: Legislation for Education Reform
Author: Losen, Daniel J.
Date: 2011-10-00
Type: Reports - Evaluative
Subjects: Classroom Techniques,Race,Suspension,Expulsion,Economic Status,Secondary Education,State Legislation,Federal Legislation,Laws,Behavior Disorders,Discipline Policy,Social Justice,Educational Policy,Data Collection,Student Behavior,Accountability,Educational Legislation,Behavior Modification,Public Policy,School Districts,Misconceptions,Educational Improvement,Teacher Competencies,Technical Assistance

This brief is a companion to the policy brief entitled, &quot;Discipline Policies, Successful Schools and Racial Justice,&quot; which reviewed the research on disciplinary exclusion from school and made several recommendations, including the following three for seeking policy change through legislation: (1) Federal and state policy should require the &quot;annual&quot; collection and reporting of a wide range of school discipline data to the public, at the school, district and state levels, disaggregated by race, ethnicity, gender, disability status, English learner status and socio-economic status; (2) Accountability systems that evaluate schools and districts should consider multiple indicators of performance, including rates of disciplinary exclusion from school. Where persistently poor academic performance triggers interventions, the interventions should consider improvements to discipline policies and practices; and (3) Legislation should help ensure that effective systemic approaches, such as school-wide systems of positive behavioral supports, as well as support for individual teachers to improve classroom management skills, are provided at the level of schools and districts. This brief provides an array of specific legislative proposals to effectuate these recommended changes at the federal and state levels. Part I begins with specific ways to improve the collection, public reporting and use of school discipline data, including ways to amend the Elementary and Secondary Education Act, that are sensitive to the political realities. One recommended approach would be to increase the public reporting of data at the school and district level that federal law and regulations already requires states to collect. Part II explores ways in which federal and state legislation could make the overuse of discipline a more central part of our evaluation of school and district performance. Ideally, unusually high suspension rates would signal greater attention and even trigger support for the lowest performing schools within each state. Part III provides concrete suggestions for federal and state legislation to foster greater support for district investment in system-wide positive behavioral supports, as well as support for professional development to improve teachers' classroom and behavior management. One theme running throughout this brief is that advocates should give full consideration to the relevant federal and state statutes already in existence. In some cases it may be advantageous for those seeking changes to federal law to consider extant state laws. In other cases, states may benefit by codification of federal requirements pursuant to the &quot;The Elementary and Secondary Education Act&quot; (ESEA) and &quot;The Individuals with Disabilities Education Act&quot; (IDEA), both of which are discussed. Codifying federal statutory and regulatory requirements in state law can give the federal directives far more visibility and force and enable state and local advocates more opportunities. Appended are: (1) Federal Data Requirements; (2) Maryland State Law Requiring Positive Behavioral Interventions and Support Program when suspension rates exceed a certain level; (3) The Act's provisions focused on training and development of teachers and principals are found in Title II of the Act; and (4) Fixing other problematic incentives in ESEA accountability. (Contains 1 table and 59 notes.) [For related reports, see: (1) &quot;Federal Policy Recommendations to Promote Fair and Effective School Discipline. NEPC Discipline Resource Sheet&quot; (ED524713); (2) &quot;School Discipline: What the Research Tells Us--Myths and Facts. NEPC Discipline Resource Sheet&quot; (ED524710); (3) &quot;Discipline Policies, Successful Schools, and Racial Justice&quot; (ED524711); (4) &quot;Good Discipline: Legislation for Education Reform. Appendices&quot; (ED524715); and (5) &quot;State Legislative Recommendations to Promote Fair and Effective School Discipline. NEPC Discipline Resource Sheet&quot; (ED524712).]