Discipline Policies in Pennsylvania's Public Schools: Report of the Advisory Committee on Zero ...

136 Pages·2016·1.01 MB·English

by  Wendy Baker

J S
OINT TATE
G C
OVERNMENT OMMISSION
General Assembly of the Commonwealth of Pennsylvania
DISCIPLINE POLICIES IN PENNSYLVANIA’S PUBLIC SCHOOLS
REPORT OF THE ADVIS ORY COMMITTEE ON
ZERO TOLERANCE SCHOOL DISCIPLINE POLICIES
October 2016
Serving the General Assembly of the
Commonwealth of Pennsylvania Since 1937
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REPORT
Discipline Policies in Pennsylvania’s Public Schools
Report of the Advisory Committee on
Zero Tolerance School Discipline Policies
Yvonne Llewellyn Hursh, Counsel
Susan F. Elder, Data and Policy Specialist/Fiscal Analyst
Christopher V. Erthal, Public Policy Intern (1/2016 – 5/2016)
Project Staff:
Grant Rosul, Staff Attorney
Kathleen Wojtowicz, Public Policy Analyst
Wendy L. Baker, Executive Assistant
The full report is available on our website, http:/jsg.legis.state.pa.us.
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JOINT STATE GOVERNMENT COMMISSION
Telephone: [phone]
Room 108 Finance Building
Fax: [phone]
613 North Street
E-mail: [email protected]
Harrisburg, PA 17120-0018
Website: http://jsg.legis.state.pa.us

The Joint State Government Commission was created in 1937 as the primary and central non-
partisan, bicameral research and policy development agency for the General Assembly of Pennsylvania.1

A fourteen-member Executive Committee comprised of the leadership of both the House of
Representatives and the Senate oversees the Commission. The seven Executive Committee members from
the House of Representatives are the Speaker, the Majority and Minority Leaders, the Majority and Minority
Whips, and the Majority and Minority Caucus Chairs. The seven Executive Committee members from the
Senate are the President Pro Tempore, the Majority and Minority Leaders, the Majority and Minority
Whips, and the Majority and Minority Caucus Chairs. By statute, the Executive Committee selects a
chairman of the Commission from among the members of the General Assembly. Historically, the
Executive Committee has also selected a Vice-Chair or Treasurer, or both, for the Commission.

The studies conducted by the Commission are authorized by statute or by a simple or joint
resolution. In general, the Commission has the power to conduct investigations, study issues, and gather
information as directed by the General Assembly. The Commission provides in-depth research on a variety
of topics, crafts recommendations to improve public policy and statutory law, and works closely with
legislators and their staff.

A Commission study may involve the appointment of a legislative task force, composed of a
specified number of legislators from the House of Representatives or the Senate, or both, as set forth in the
enabling statute or resolution. In addition to following the progress of a particular study, the principal role
of a task force is to determine whether to authorize the publication of any report resulting from the study
and the introduction of any proposed legislation contained in the report. However, task force authorization
does not necessarily reflect endorsement of all the findings and recommendations contained in a report.

Some studies involve an appointed advisory committee of professionals or interested parties from
across the Commonwealth with expertise in a particular topic; others are managed exclusively by
Commission staff with the informal involvement of representatives of those entities that can provide insight
and information regarding the particular topic. When a study involves an advisory committee, the
Commission seeks consensus among the members.2 Although an advisory committee member may
represent a particular department, agency, association, or group, such representation does not necessarily
reflect the endorsement of the department, agency, association, or group of all the findings and
recommendations contained in a study report.

1 Act of July 1, 1937 (P.L.2460, No.459); 46 P.S. §§ 65 – 69.
2 Consensus does not necessarily reflect unanimity among the advisory committee members on each individual policy
or legislative recommendation. At a minimum, it reflects the views of a substantial majority of the advisory
committee, gained after lengthy review and discussion.

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Over the years, nearly one thousand individuals from across the Commonwealth have served as
members of the Commission’s numerous advisory committees or have assisted the Commission with its
studies. Members of advisory committees bring a wide range of knowledge and experience to deliberations
involving a particular study. Individuals from countless backgrounds have contributed to the work of the
Commission, such as attorneys, judges, professors and other educators, state and local officials, physicians
and other health care professionals, business and community leaders, service providers, administrators and
other professionals, law enforcement personnel, and concerned citizens. In addition, members of advisory
committees donate their time to serve the public good; they are not compensated for their service as
members. Consequently, the Commonwealth of Pennsylvania receives the financial benefit of such
volunteerism, along with their shared expertise in developing statutory language and public policy
recommendations to improve the law in Pennsylvania.

The Commission periodically reports its findings and recommendations, along with any proposed
legislation, to the General Assembly. Certain studies have specific timelines for the publication of a report,
as in the case of a discrete or timely topic; other studies, given their complex or considerable nature, are
ongoing and involve the publication of periodic reports. Completion of a study, or a particular aspect of an
ongoing study, generally results in the publication of a report setting forth background material, policy
recommendations, and proposed legislation. However, the release of a report by the Commission does not
necessarily reflect the endorsement by the members of the Executive Committee, or the Chair or Vice-Chair
of the Commission, of all the findings, recommendations, or conclusions contained in the report. A report
containing proposed legislation may also contain official comments, which may be used in determining the
intent of the General Assembly.3

Since its inception, the Commission has published more than 350 reports on a sweeping range of
topics, including administrative law and procedure; agriculture; athletics and sports; banks and banking;
commerce and trade; the commercial code; crimes and offenses; decedents, estates, and fiduciaries;
detectives and private police; domestic relations; education; elections; eminent domain; environmental
resources; escheats; fish; forests, waters, and state parks; game; health and safety; historical sites and
museums; insolvency and assignments; insurance; the judiciary and judicial procedure; labor; law and
justice; the legislature; liquor; mechanics’ liens; mental health; military affairs; mines and mining;
municipalities; prisons and parole; procurement; state-licensed professions and occupations; public utilities;
public welfare; real and personal property; state government; taxation and fiscal affairs; transportation;
vehicles; and workers’ compensation.

Following the completion of a report, subsequent action on the part of the Commission may be
required, and, as necessary, the Commission will draft legislation and statutory amendments, update
research, track legislation through the legislative process, attend hearings, and answer questions from
legislators, legislative staff, interest groups, and constituents.

3 1 Pa.C.S. § 1939 (“The comments or report of the commission . . . which drafted a statute may be consulted in the
construction or application of the original provisions of the statute if such comments or report were published or
otherwise generally available prior to the consideration of the statute by the General Assembly”).

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ADVISORY COMMITTEE ON
ZERO TOLERANCE SCHOOL DISCIPLINE POLICIES

Blake Emmanuel Rhonda L. McKitten, Esquire
Education Advocate Director of Juvenile Grants and Policy
Defender Association of Philadelphia
Belinda R. Dupes
Teacher Emeritus Lawrence J. Mussoline, Ph.D.
Superintendent of Schools
Anna E. Hollis Downingtown Area School District
Executive Director
Amachi Pittsburgh Michael Piecuch
District Attorney, Snyder County
Sharon S. Laverdure
Superintendent, Retired Jonathan Peri
East Stroudsburg Area School District President, Manor College

Sallie Lynagh Joseph J. Roy Ed.D.
Children’s Team Leader Superintendent of Schools
Disability Rights Pennsylvania Bethlehem Area School District

Robert A. Martin Richard D. Steele
Director of Public Safety Executive Director
Susquehanna Township Juvenile Court Judges’ Commission

Michael J. McGrath David W. Volkman
Superintendent of Police Executive Deputy Secretary
Emergency Management Coordinator Pennsylvania Department of Education
Lower Merion Township
Police Department Joseph M. Zupancic, Esquire
Board Member
Canon-McMillan School District

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General Assembly of the Commonwealth of Pennsylvania
JOINT STATE GOVERNMENT COMMISSION
Room 108 – Finance Building
Harrisburg, Pa 17120

717-787-4397 Fax [phone]

REP. FLORINDO J. FABRIZIO
Chairman October 27, 2016

SEN. JOHN C. RAFFERTY, JR.
Vice Chairman
To the Members of the General Assembly of Pennsylvania:
EXECUTIVE COMMITTEE

Senate Members: House Resolution No. 540 of 2015 directed the Joint State
JOSEPH B. SCARNATI, III Government Commission to appoint an advisory committee to assist the
President Pro Tempore
JACOB D. CORMAN, III Commission in a comprehensive study of school discipline policies,
Majority Leader
Commonwealth laws, and regulations that address school discipline, and
JAY COSTA, JR.
Minority Leader memoranda of understanding that exist between local law enforcement
JOHN R. GORDNER
Majority Whip and school districts.
ANTHONY H. WILLIAMS
Minority Whip
ROBERT B. MENSCH Further, the resolution directed that the report include alternative
Chair, Majority Caucus
approaches to school discipline utilized in Pennsylvania and in other
WAYNE D. FONTANA
Chair, Minority Caucus states. A particular emphasis of the report is on discipline policies’ effects

House Members: on students with disabilities and students under 12 years of age. The
MICHAEL C. TURZAI report presents a series of recommendations developed for consideration
Speaker
DAVID L. REED by the General Assembly.
Majority Leader

FRANK J. DERMODY
Minority Leader On behalf of the Joint State Government Commission, I would like
BRYAN D. CUTLER
Majority Whip to thank the members of the Advisory Committee for their dedication to
MICHAEL K. HANNA this project.
Minority Whip
SANDRA J. MAJOR
Chair, Majority Caucus
We are pleased to present the report, Discipline Policies in
DAN B. FRANKEL
Chair, Minority Caucus Pennsylvania’s Public Schools: Report of the Advisory Committee on

Administrative Staff: Zero Tolerance School Discipline Policies.
GLENN J. PASEWICZ
Executive Director
YVONNE M. HURSH
Counsel
Respectfully submitted,

Glenn J. Pasewicz

Executive Director

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TABLE OF CONTENTS

INTRODUCTION .................................................................................................................. 001
Advisory Committee on Zero Tolerance School Discipline Policies ................................ 002
Recognition of Contributors .............................................................................................. 003
Methodology ...................................................................................................................... 004
Current Pennsylvania Law Governing Student Discipline ................................................ 004

RECOMMENDATIONS ....................................................................................................... 007

PROPOSED LEGISLATION ............................................................................................... 011

WHAT IS ZERO TOLERANCE? ....................................................................................... 029
Federal Gun-Free Schools Act ........................................................................................... 029
Pennsylvania Definition of Weapon .................................................................................. 030
School District Variations .................................................................................................. 031
Effectiveness and Impact of Zero Tolerance Discipline Policies ...................................... 032
Laws of Other States Regarding Zero Tolerance Discipline Policies ................................ 033

TRADITIONAL METHODS OF STUDENT DISCIPLINE ............................................. 037
Prevalence of Various Types of Discipline ....................................................................... 041
Expulsion and Out-Of-School Suspension ........................................................................ 042
State by State Expulsion and Suspension Data 2011/12 School Year ......................... 043
Survey of Laws of Other States –
Mandatory Expulsion and Out-of-School Suspension .............................................. 045

EFFECT OF DISCIPLINE POLICIES
ON SPECIFIC CATEGORIES OF STUDENTS ............................................................ 047
Disparity in Administration of Discipline .......................................................................... 047
Racial Disparity ................................................................................................................. 048
Disparity Based on Disability ............................................................................................ 057
Effect of Discipline Policies on Very Young Children ..................................................... 059
State and Local Policies
Specifically Addressing Discipline of Younger Children ......................................... 060

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REFERRAL TO LAW ENFORCEMENT .......................................................................... 065
Federal Mandate ................................................................................................................. 065
Pennsylvania Policy ........................................................................................................... 065
Model Memorandum of Understanding ............................................................................. 066
Local School District Variations in MOUs ........................................................................ 067
Referrals Versus Arrests .................................................................................................... 072
School Resource Officers .................................................................................................. 073
Other State Mandatory Referral Laws ............................................................................... 076

ALTERNATIVE METHODS OF STUDENT DISCIPLINE ............................................ 081
National Movement Away From Exclusionary Discipline Policies .................................. 081
Federal Initiative on School Discipline ....................................................................... 082
Recent Efforts in Other States ...................................................................................... 083
Alternative Education for Disruptive Youth ...................................................................... 084
Restorative Practices .......................................................................................................... 088
Examples of “Real World” Applications of Restorative Practices ............................. 091
Positive Behavior Intervention and Support ...................................................................... 093
Other Programs and Alternatives Used in Pennsylvania ................................................... 098
Philadelphia Police School Diversion Program .......................................................... 098
Youth Aid Panels .......................................................................................................... 099
Alternative Disciplinary Approaches Used in Other States ............................................... 100

APPENDIX A:
PENNSYLVANIA SCHOOL DISCIPLINE LAWS AND REGULATIONS .................. 105
Selected Provisions of the Public School Code of 1949 .................................................... 105
Selected Provisions of Pennsylvania Education Regulations ............................................ 111

APPENDIX B:
SELECTED SCHOOL DISTRICT DEFINITIONS OF WEAPONS .............................. 119
School District Definitions of Weapons ............................................................................ 119

APPENDIX C:
CITATIONS FOR SCHOOL DISCIPLINE LAWS IN OTHER STATES ..................... 121

HOUSE RESOLUTION No. 540 of 2015 ............................................................................. 123

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