Alternatives to suspension; Board of Education shall establish guidelines for local school boards. (SB458)
Introduced By
Sen. Don McEachin (D-Richmond) with support from co-patron Sen. Jennifer McClellan (D-Richmond)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✗ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Public schools; suspensions. Provides that a student may only be suspended after all feasible alternatives to suspension have been considered. Read the Bill »
Outcome
Bill Has Failed
History
Date | Action |
---|---|
01/12/2016 | Prefiled and ordered printed; offered 01/13/16 16101986D |
01/12/2016 | Referred to Committee on Education and Health |
01/21/2016 | Assigned Education sub: Public Education |
02/11/2016 | Reported from Education and Health with substitute (15-Y 0-N) (see vote tally) |
02/11/2016 | Committee substitute printed 16105493D-S1 |
02/12/2016 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/15/2016 | Read second time |
02/15/2016 | Reading of substitute waived |
02/15/2016 | Committee substitute agreed to 16105493D-S1 |
02/15/2016 | Engrossed by Senate - committee substitute SB458S1 |
02/15/2016 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/15/2016 | Passed Senate (31-Y 9-N) (see vote tally) |
02/16/2016 | Assigned Education sub: Elementary and Secondary Education |
02/17/2016 | Placed on Calendar |
02/17/2016 | Read first time |
02/17/2016 | Referred to Committee on Education |
02/24/2016 | Subcommittee recommends reporting (9-Y 0-N) |
02/29/2016 | Reported from Education (19-Y 3-N) (see vote tally) |
03/01/2016 | Read second time |
03/02/2016 | Passed by for the day |
03/03/2016 | Read third time |
03/03/2016 | Defeated by House (43-Y 55-N) |
03/03/2016 | VOTE: DEFEATED (43-Y 55-N) (see vote tally) |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 10 minutes.
Transcript
This is a transcript of the video clips in which this bill is discussed.
SENATE BILL 458, THE SENIOR SENATOR FROM HENRICO, SENATOR McEACHIN.Sen. Don McEachin (D-Richmond): MR. PRESIDENT, I MOVE THE BILL PASS. SPEAKING TO THE BILL.
[Unknown]: SENATOR HAS THE FLOOR.
Sen. Don McEachin (D-Richmond): MR. PRESIDENT, THIS BILL FINDS ITS GENESIS AT A PROBLEM MANY OF OUR LOCAL ITS HAVE, THAT IS WITH SUSPENSIONS. IT IS EASY TO UNDERSTAND IF A CHILD HAS BEEN SUSPENDED OUT OF SCHOOL OR EXPELLED, BUT THIS BILL DEALS WITH SUSPENSIONS, THEY DON'T LEARN IF THEY DON'T LEARN, THEY DON'T CONTRIBUTE TO A GOOD SCHOOL ENVIRONMENT, ULTIMATELY THEY DON'T TURN INTO PRODUCTIVE CITIZENS. THIS BILL GONE THROUGH A NUMBER OF AMENDMENTS. THANKS TO THE HELP OF MEMBERS OF THE EDUCATIONAL AND HEALTH COMMUNITY IS NOW IN A FORM THAT ATTEMPTS TO BEGIN TO ADDRESS THE PROBLEM OF SUSPENSIONS. IN MANY OF OUR LOCALITIES, THE SUSPENSIONS ARE -- WHEN YOU LOOK AT THE DATA, WHICH YOU WILL FIND IS MORE AFRICAN-AMERICAN CHILDREN, AND CHILDREN OF SPECIAL ED NEEDS ARE SUSPENDED AT A HIGHER RATE, WHILE OVERALL SUSPENSIONS IN SOME COUNTIES HAVE COME DOWN, THOSE NUMBERS TEND TO STAY A LITTLE BIT HIGHER THAN WHAT THEY OUGHT TO BE. SO FOR THAT, WITH THAT, MR. PRESIDENT, I MOVE, RENEW MY MOTION THAT THE BILL PASS.
[Unknown]: THANK YOU. JUNIOR SENATOR FROM VIRGINIA BEACH, SENATOR DeSTEPH.
Sen. Bill DeSteph (R-Virginia Beach): MR. PRESIDENT, SPEAKING TO THE BILL.
[Unknown]: SENATOR HAS THE FLOOR.
Sen. Bill DeSteph (R-Virginia Beach): WHY I THINK IT'S A GOOD IDEA THAT WE PUT ALTERNATIVES IN THERE, I DON'T THINK THAT THIS BODY SHOULD BE TELLING A SCHOOL BOARD WHAT THEY SHOULD OR SHOULDN'T BE DOING WHEN THEY HAVE THE OPTION OF DOING IT ALREADY. I HAVE TALKED TO THE SENIOR SENATOR, AND ALREADY SPOKE TO HIM AND SAID THAT THIS IS SOMETHING THAT I BELIEVE COULD BE DONE WITH A LETTER DIRECTING IT TO THE SCHOOL BOARD AND JUST SAYING EXPLORE ALTERNATIVES. THANK YOU VERY MUCH.
Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS, SHALL SENATE BILL 458 PASS. ALL IN FAVOR OF THE MOTION RECORD THEIR VOTES AYE. THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? VET HAVE ALL THE SENATORS VOTED? DO ANY OF THE SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.
[Unknown]: AYES 31; NO'S 9.
HOUSE AMENDMENT. SENATE BILL 425 PASSED THE HOUSE WITH AMENDMENT. THE SENATOR FROM ROANOKE CITY, SENATOR EDWARDS. MR. PRESIDENT, I MOVE THAT WE CONCUR IN THE HOUSE AMENDMENT. WHAT THIS IS IS A TECHNICAL
ECONOMIC DEVELOPMENT, AND THE OVERALL COMPETITIVE POSITION OF THE COMMONWEALTH WITH ITS NEIGHBORING STATES. I WONDER IF ANY OF YOU CAN TELL ME WHY WE WOULDN'T WANT TO CONSIDER THOSE THINGS? WHY? WHY WOULD WE NOT WANT TO USE COMMON SENSE AND CONSIDER THOSE THINGS? SO -- I MEAN, WE NOO THAT THE ADMINISTRATION IS EAGER TO PARTNER WITH PRESIDENT OBAMA'S EPA. WE KNOW THAT THE GOVERNOR HAS EVEN SAID THAT HE INTENDED TO MOVE FORWARD WITH THE IMPLEMENTATION OF THE CARBON RULES, EVEN THOUGH THEY'VE BEEN STOPPED IN THEIR TRACKS BY THE UNITED STATES SUPREME COURT WHO IS CONSIDERING AN APPEAL AS TO WHETHER THEY'RE CONSTITUTIONAL, AND WE KNOW THAT THE GOVERNOR HAS SAID THAT HE INTENDED TO PARTNER -- MOVE FORWARD AND PARTNER WITH THE STATES OF NEW YORK, CALIFORNIA, WASHINGTON STATE, AND COLORADO. AND, YOU KNOW, I'M NOT SURE WHAT WE HAVE IN COMMON WITH THOSE STATES, BUT I THINK THE -- I THINK THE GOVERNOR HAS IDENTIFIED THAT FOR US. SO I SAY TO YOU, AS A BODY, LET'S NOT BE LIKE LEMONS AND JUMP IN THE SEA. WHY DO WE WANT TO DO THAT? WHY DO WE WANT TO BE LIKE A BUNCH OF LEMONS AND JUMP IN THE SEA WHEN THIS THING IS UNDER APPEAL AND THE UNITED STATES SUPREME COURT MAY VERY WELL OVERTURN IT ALL. WHY IN THE WORLD DO WE WANT TO GO FORWARD AT THIS MOMENT? I WANT YOU TO SAY THAT WORD? WHY? (IN UNISON) WHY! I HOPE YOU'LL MUSTER THE COURAGE FOR VOTE FOR THIS FINE PIECE OF WORK, THIS BILL, AND PUT UP ENOUGH VOTES TO OVERTURN IT. WOULD THE GENTLEMAN YIELD FOR A QUESTION, MR. PRESIDENT? (IN UNISON) WHY? I JUST HAVE ONE QUESTION TO ASK HIM. DOES HE AGREE WITH ALL SUPREME COURT RULINGS? MR. PRESIDENT, I CAN ANSWER THE SENATOR FROM FAIRFAX AND I CAN SAW THAT I DO NOT PERSONALLY AGREE WITH ALL SUPREME COURT DECISIONS. I DIDN'T THINK HE DID. THE SENATOR FROM FAIRFAX COUNTY, SENATOR MORRISON. THANK YOU, MR. PRESIDENT. I RISE TO ANSWER THE QUESTION WHY. THE SENATOR HAS THE FLOOR. THANK YOU, MR. PRESIDENT. YOU KNOW, WHEN IT COULD'S TO NATURAL RESOURCES AND THE ENVIRONMENTAL, IT MIGHT BE OKAY FOR US TO, OUN, STICK OUR NOSE INTO THE BUSINESS OR SOMETHING LIKE THAT, BUT WHEN IT COMES TO CLEAN AIR, WHEN IT COMES TO REDUCING THE CARBON, YOU KNOW, BECAUSE OF THE IMPACT ON OUR CLIMATE AND SEE LEVEL RISE -- EXCUSE ME, I FLENT RECURRENT FLOODING, THAT THOSE ISSUES ARE TOO IMPORTANT. THIS IS ABOUT SCIENCE, NOT FLICKS. WHEN WE -- POLITICS. WHEN WE MEET AS A BODY HERE, WE TEND TO GET INTO COMPROMISE, WE TEND TO GET INTO TRYING TO BALANCE REGIONAL STWS AND WHAT HAVE YOU AND THE COMMONWEALTH NEEDS TO SPEAK WITH ONE VOICE HERE FOR ALL THE COMMONWEALTH OF VIRGINIA. WE HAVE TO PRODUCE A CLEAN POWER PLAN. IT HAS TO BE BASED ON SCIENCE AND IT HAS TO BE LEGAL AND I THINK THIS BILL, THIS BILL HAS HUGE CONSTITUTIONAL PROBLEMS, SEPARATION OF THE EXECUTIVE AND LEGISLATIVE BRANCH AND SO I WOULD HOPE THAT WE WOULD SUSTAIN GOVERNOR'S VETO AND I THINK ONE VERY WISE MAN ONCE TOLD ME, HE WAS THE BEST COUNTY EXECUTIVE WE EVER HAD IN FAIRFAX, HE SAID THE LEGISLATIVE BRANCH CAN TELL ME TO PAINS THE BARN, BUT -- PAINT THE BARN, BUT SHE SHOULDN'T BE TELLING ME WHERE TO BUY THE PAINT. WE HAVE A CLEAN POWER PLAN THAT WE HAVE TO PUT TOGETHER, IT'S THE EXECUTIVE BRANCH'S JOBS, THEFT SCIENTISTS TO DO IT. LET'S SUSTAIN THE VETO. THE SENIOR SENATOR FROM HENRICO, SENATOR McEACH SCHIN. I RISE FOR A PARLIAMENTARY INQUIRY. THE SENATOR HAS THE FLOOR. IT'S TYPE FOR OUR ANNUAL REVIEW OF THOUSAND VOTE. WOULD YOU INFORM -- HOW TO VOTE. WOULD YOU INFORM THE BODY OF HOW YOU STWEND TO FOES THE QUESTION ON THIS ISSUE. IF THE SENATE WISHES TO SUSTAIN THE GOVERNOR'S VETO, YOU WOULD VOTE NO. IF YOU WANT TO SUPPORT THE BILL AS IT WAS ENROLLED, YOU WOULD VOTE YES. AND THERE NEEDS TO BE 27 YESES TO OVERVIED THE GOVERNOR'S VETO. THANK YOU, MR. PRESIDENT. THE SENATOR FROM JAMES CITY COUNTY, SENATOR NORMENT. RISE AND SPEAK TO THE MOTION. THE SENATOR HAS THE FLOOR. FIRST OF ALL, I ASK MYSELF, WHY AM I SPEAKING. I'M NOT ENTIRELY SURE. [ LAUGHTER ] SECONDLY, UNDERSTANDING YOUR EXPLANATION OF HOW TO VOTE, I APPRECIATE VERY MUCH THAT YOU WOULD ENCOURAGE EVERYONE TO VOTE IN THE AFFIRMATIVE. THAT WOULD BE 127 OF US, SO THAT -- 27 OF US SO WE COULD SPEAK WITH A UNIFIED VOICE, NOT A 21-19 VOICE, NOT UNIFIED. BUT SPEAKING OF THE WHYS, I HAVEN'T BEEN AROUND AS LONG AS FATHER TIME AS SOMETIMES WE REFER TO SENATOR SASLAW, BUT AS I LOOK AT THE GOVERNOR'S MESSAGE ON THIS, I WOULD PARTICULARLY -- [ LAUGHTER ] THEY WOKE UP. I WAS PARTICULARLY ATTRACTED AS TO ANOTHER WHY, AND IT WAS THE LAST LINE IN HIS VETO MESSAGE WHICH APPEARED TO NOT BE SO MUCH AS A CONSTITUTIONAL EXPLANATION, BUT I CANNOT IN GOOD CONSCIENCE SIGN A BILL THAT WOULD VIOLATE THE CONSTITUTION OF VIRGINIA, AND I SAID, WHY ARE WE EDITORIALIZING IN THE VETO COMMENTS? SO 27 VOTES WOULD BE MOST APPRECIATIVE. THANK YOU, SENATOR. THE SENIOR SENATOR FROM LOUDOUN, SENATOR BLACK. THANK YOU, MR. PRESIDENT. SPEAKING TO THE MEASURE. THE SENATOR HAS THE FLOOR. WHY? I JUST HAVE TO SAY, YOU KNOW, ONE OF THE MOST ENDURING AND MASSIVE INVESTMENTS THAT OUR NATION HAS MADE IS IN ITS POWER PLANTS. THESE ARE A HUGE, HUGE INVESTMENT THAT LASTS FOR GENERATIONS AND THE IDEA OF SUDDENLY MOTHBALLING A MASSIVE PORTION OF OUR INDUSTRIAL CAPACITY AND DUKE IT ON THE FLIMSIEST OF EVIDENCE IS REALLY NOT A WISE DECISION, AND I THINK THIS BILL CERTAINLY GIVES US THE OPTION OF TAKING THE TIME TO FIND OUT WHAT WILL THE COURTS SAY AND THEN WE CAN MAKE THE DECISION AT THAT POINT.