Student discipline; long-term suspension. (HB1534)

Introduced By

Del. Dickie Bell (R-Staunton) with support from co-patron Del. Lashrecse D. Aird (D-Petersburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Student discipline; long-term suspension. Reduces the maximum length of a long-term suspension from 364 calendar days to 45 school days. The bill prohibits a long-term suspension from extending beyond the current grading period unless aggravating circumstances exist and prohibits a long-term suspension from extending beyond the current school year. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/27/2016Committee
12/27/2016Prefiled and ordered printed; offered 01/11/17 17102700D
12/27/2016Referred to Committee on Education
01/13/2017Assigned Education sub: Elementary and Secondary Education
01/13/2017Impact statement from DPB (HB1534)
01/27/2017Subcommittee recommends reporting with substitute (6-Y 2-N)
02/01/2017Reported from Education with substitute (15-Y 6-N) (see vote tally)
02/01/2017Committee substitute printed 17104854D-H1
02/02/2017Read first time
02/03/2017Read second time
02/03/2017Committee substitute agreed to 17104854D-H1
02/03/2017Engrossed by House - committee substitute HB1534H1
02/06/2017Read third time and passed House (51-Y 46-N)
02/06/2017VOTE: PASSAGE (51-Y 46-N) (see vote tally)
02/07/2017Constitutional reading dispensed
02/07/2017Referred to Committee on Education and Health
02/08/2017Impact statement from DPB (HB1534H1)
02/09/2017Reported from Education and Health with substitute (12-Y 3-N) (see vote tally)
02/09/2017Committee substitute printed 17105323D-S1
02/10/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/10/2017Impact statement from DPB (HB1534S1)
02/13/2017Read third time
02/13/2017Reading of substitute waived
02/13/2017Committee substitute agreed to 17105323D-S1
02/13/2017Engrossed by Senate as amended HB1534S1
02/13/2017Passed Senate with substitute (34-Y 6-N) (see vote tally)
02/15/2017Passed by for the day
02/15/2017Placed on Calendar
02/15/2017Senate substitute rejected by House 17105323D-S1 (46-Y 54-N)
02/15/2017VOTE: REJECTED (46-Y 54-N) (see vote tally)
02/15/2017Reconsideration of Senate substitute agreed to by House
02/16/2017Senate substitute rejected by House 17105323D-S1 (49-Y 49-N)
02/16/2017VOTE: REJECTED (49-Y 49-N) (see vote tally)
02/20/2017Senate insisted on substitute (40-Y 0-N) (see vote tally)
02/20/2017Senate requested conference committee
02/20/2017Motion to reconsider insist on substitute agreed to (40-Y 0-N) (see vote tally)
02/20/2017Passed by for the day
02/21/2017Passed by for the day
02/22/2017Passed by for the day
02/23/2017Motion to recommit to committee agreed to
02/23/2017Recommitted to Education and Health
02/25/2017Left in Education and Health

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 5 clips in all, totaling 39 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

3,000 LONG-TERM SUSPENSIONS DURING THAT SCHOOL YEAR. OF THOSE LONG-TERM SUSPENSIONS, OVER 200 WERE ISSUED TO ELEMENTARY SCHOOL STUDENTS, AND 1560 WERE ISSUED TO GRADES 8 AND 9, AND 10. THE BOTTOM LINE IS THERE'S NO EVIDENCE TO SUGGEST THAT LONG-TERM SUSPENSION DETERS MISCONDUCT OR DETERS SCHOOL SAFETY. THE WINDOW OF 11 TO 90 DAYS AS THIS BILL STATES, STRIKES A REASONABLE BALANCE BETWEEN SUING CONSEQUENCES FOR BEHAVIOR, WHILE PROVIDING AT LEAST THE CHANCE THAT A STUDENT CAN COME BACK AND MAKE ACADEMIC PROCESS. MR. SPEAKER, I WILL MOVE THAT THE BILL BE ENGROSSED AND PASSED TO ITS THIRD READING. MR. SPEAKER, SPEAKING TO THE BILL.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR.

[Unknown]: MR. SPEAKER, I HESITATE TO RISE AND SPEAK TO THIS BILL BECAUSE I KNOW MY COLLEAGUE IS A FORMER TEACHER AND CONSCIENCE LEGISLATURE, AND THERE IS ONE THAT FOLLOWS THAT'S IN THE SAME ARENA. I RISE BECAUSE I'M CONCERNED ABOUT THIS BILL AND I'M CONCERNED ABOUT WHAT WE'RE DOING HERE IN RICHMOND THAT WILL AFFECT LOTS OF STUDENTS, LOTS OF TEACHERS, AND LOTS OF CLASSROOMS. THE PRACTICAL EFFECT OF THIS LEGISLATION IS TO SUBSTITUTE OUR JUDGMENT IN RICHMOND, IN PARTICULAR CASES, TO THE JUDGMENT OF SCHOOL BOARDS, SUPERINTENDENTS, WHO DEAL WITH THESE KINDS OF CIRCUMSTANCES, ONE OF THE TOUGHEST CIRCUMSTANCE THEY FACE. NOW WE JUST HEARD THE GENTLEMAN FROM FAIRFAX TALK ABOUT WHAT THE STATE BOARD OF EDUCATION DOES IN DEALING WITH TEACHER LICENSURE IN THOSE HARD CASES. I SAT IN THOSE MEETINGS AND THEY'RE NOT EASY TO DEAL WITH. YOUR SCHOOLS TODAY ARE NOT YOUR GRANDFATHER'S SCHOOLS, AND THE KIND OF PROBLEMS THEY FACE ARE NOT THE PROBLEMS THAT YOUR GRANDFATHERS OR GRANDMOTHERS HAVE FACED, OR WE FACED. THERE ARE SOME SERIOUS PROBLEMS OF DISCIPLINE. AS YOU THINK ABOUT THIS BILL, I WANT YOU TO THINK ABOUT THE FACT THAT IT DOESN'T JUST SET UP A POLICY IN PLACE, IT SETS A POLICY IN PLACE THAT AFFECTS EVERY TEACHER, AND EVERY STUDENT THAT'S IN A CLASSROOM, WHERE THESE MISBEHAVING STUDENTS ARE, AND IT AFFECTS THEIR CAPACITY TO LEARN, AND THEIR CAPACITY TO CARRY OUT TEACHING AND LEARNING IN THOSE CLASSROOMS. I THINK IT'S A BAD PRECEDENT TO ENACT THAT THIS KIND OF RESTRICTION ON THIS KIND OF
PROCEDURES AND TURNING THEM OVER TO THE AUTHORITIES. WE ALL HAVE VARYING VIEWS ON ILLEGAL IMMIGRATION AND SEW LASN TO THE OVERALL PROBLEM AND SO FORTH AND I SUSPECT THAT ON BOTH SIDES OF THE AISLE THEY SPAN A WIDE RANGE OF VIEWS AND, HOWEVER, I THINK WE ARE -- WHERE THE AMERICAN PEOPLE TEND TO -- TO COALESCE IS AROUND THE ISSUE PARTICULARLY OF THOSE WHO HAVE COMMITTED CRIMINAL OFFENSES AND WHO ARE HERE ILLEGALLY AND I THINK THERE IS A FEELING THAT IF YOU ARE HERE ILLEGALLY AND YOU COMMIT CRIMES IT IS A SOMETHINGG OUGHT TO BE DONE ABOUT IT. I REFER YOU BACK TO THE PARENTS
THE SECOND THING IS EMPOWERS ONE OF OUR BOARDS, ONE OF OUR AUTHORITIES AND VIEWS THEM WITH THAT CAPACITY TO DICTATE CURRICULUM. MR. SPEAKER, I VOTED AGAINST THIS. NOT TO SAY THAT WE DON'T NEED MORE EDUCATION THAN A LOT OF ARENAS WITH OUR HEALTHCARE INSTITUTIONS, BUT I THINK THOSE DECISIONS SHOULD BE MADE BY THE EDUCATORS WITHIN THOSE BODIES, THOSE WHO DO ACTIVE RESEARCH IN THAT ARENA, SIR. I'M NOT ENTIRELY CONVINCED. I WENT TO THE WEBSITE AND DID NOT KNOW MUCH ABOUT THE VIRGINIA HEALTH WORK FORCE AUTHORITY SO I WENT TO DETERMINE IF THEY WOULD BE THE BEST BODY TO DETERMINE THE BEST CURRICULUM AND THEY SAY THE BEST HEALTHCARE CAREERS START IN VIRGINIA. ARE YOU INTERESTED IN HEALTHCARE CAREERS. THERE ARE MORE THAN 80 LICENSE THE HEALTHCARE PROFIXES IN THE STATE OF VIRGINIA AND A LIST OF HEALTH PROFESSIONS AND EDUCATION REQUIREMENTS AND SCHOOLS AND TRAINING AND SO FORTH IN VIRGINIA. IT STRUCK ME IT IS MORE AN EFFORT TO TRY TO ARTICULATE THE AVAILABILITY RATHER THAN THE BODY THAT HAS THE FULL BREAD OF BREADTH OF SCHOOLS. I WILL CONTINUE TO BE A NO ON THIS. SHALL THE BILL PASS?

Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 32, NOS 66. AYES 32, NOS 66. THE BILL FAILS TO PASS. SPEAKER SENATE BILL 1462 HAS BEEN MOVED PREVIOUSLY TO GO TO THE RESOLUTIONS REGULAR. I WOULD ASK THAT IS THE LAST BILL. I WOULD ASK IT TO GO BYE FOR THE DAY. THIS IS LAST ACTION WE HAVE.

Del. Bill Howell (R-Fredericksburg): WITHOUT OBJECTION, THAT BILL WILL GO BYE FOR THE DAY.

[Unknown]: CONTINUING WITH THE CALENDAR. PAGE 8 OF THE PRINTED VERSION. NEXT CATEGORY. HOUSE BILLS WITH SENATE AMENDMENTS. FIRST UP, HOUSE BILL 1534 A A BILL TO AMEND AND REENACT TWO SECTIONS OF THE CODE RELATING TO PUBLIC SCHOOLS; STUDENT DISCIPLINE; LONG-TERM SUSPENSION. THE BILL PASSED FEBRUARY 16 AND SUBSEQUENTLY PASSED WITH A SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM STANTON, MR. BELL.

[Unknown]: THANK YOU, MR. SPEAKER. MR. SPEAKER AND LADIES AND GENTLEMEN OF THE HOUSE I WOULD ASK THAT WE ACCEPT THE SENATE SUBSTITUTE FOR HOUSE BILL 1534. WHAT THE PROPOSED SENATE SUBSTITUTE WILL DO IS AMEND THE LONG-TERM SUSPENSION TO A MORE PROPORTIONAL PERIOD OF NO MORE THAN 60 SCHOOL DAYS, SEPTEMBER IN CASES OF SERIOUS CRIMES THAT ARE LISTED IN SECTIONS 16.1-260 G. STUDENTS COULD STILL BE SUSPENDED FOR UP TO 364 DAYS FOR SERIOUS ACTIONS. THOSE ACTIONS ENUMERATED IN THE CODE. STUDENTS WHO COMMIT VIOLENT CRIMES WOULD NOT STAY IN THE SCHOOL BUILDING MUCH LESS IN THE CLASSROOM AND THEY ARE OFTEN EXPELLE OR CRIMINALLY CHARGED WITH THE OFFENSES. MR. SPEAKER, I WOULD ASK THAT WE ACCEPT THE SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM POWHATAN MR. WARE.

Del. Lee Ware (R-Powhatan): SPEAKING TO THE SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Lee Ware (R-Powhatan): AS MUCH AS IT PAPES ME TO SAY SO, IT IS A LITTLE BETTER THAN THE HOUSE VERSION. I REMIND YOU OF THE COGENT WORDS OF MY COLLEAGUE FROM MANASSAS. THINK NOT ONLY OF THE ONE STUDENT. THINK ABOUT THE 25 OTHERS IN THE CLASSROOM THAT HE IS SUPPOSED TO BE IN AND TEACHER IN THE CLASSROOM. I WILL GIVE YOU ONE EXAMPLE WHICH COULD BE MULTIPLIED A MYRIAD OF TIMES. A REAL EXAMPLE FROM A FORMER SUPERINTENDENT AND TALKED ABOUT A STUDENT WHO CALLED IN NUMEROUS BOMB SCARES AND HE SAID THE PROBLEM THAT WE FACED IN ONE CLASSROOM WAS SEVERELY DISABLED CHILDREN IN THE SCHOOL THAT HAD THE BOMB SCARES CALLED IN, THEY HAD TO BE TAKEN OUT OF THE CLASSROOM, SEVERELY DISABLED STUDENTS. THEIR MEDICINE HAD TO BE TAKEN OUT AND KEPT WITH THE PROPER CHILD. NOT ONLY WAS THERE THE LOGISTICAL CHALLENGE OF DOING THIS BUT THE FEAR THAT WAS INSTILLED IN THESE SEVERELY DISABLED CHILDREN WHO DAY AFTER DAY WERE TAKE P OUT OF THEIR CLASSROOM BECAUSE OF THIS ONE STUDENT WHO WAS DISRUPTING EVERY OTHER CHILD AND EVERY OTHER TEACHING INSTANCE IN THAT BUILDING. THOSE KINDS OF THINGS GO ON. THIS IS ONE EXAMPLE THAT COULD BE MULTIPLAY THE. I HOPE WE WILL NOT ADOPT THIS BILL IN ANY FORM.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM FAIRFAX, MR. ALBA.

[Unknown]: I HATE TO JUMP INTO STUFF I DON'T KNOW MUCH ABOUT BUT THAT HAS NEVER STOPPED ME BEFORE. THIS IS A LITTLE BIT CONFUSING BILL. AS I UNDERSTAND IT, THOUGH, I'M NOT QUITE SURE WHAT ALL OF THE CONTROVERSY IS ABOUT. WHEN YOU WAS SITTING HERE READING THE CODE AND MISSING THE VOTE FOR LAST -- THE LAST BILL, IT SEEMS TO ME THAT IF THE KID DOES REALLY BAD STUFF ASSURE ASENUMERATED HE CAN BE EXPELLED FOR 365. THIS DEALS WITH THE KIDS THAT DON'T DO THE REALLY BAD STUFF BUT THEY DO THE ANNOYING STUFF, OKAY. NOTHING IN THE BILL SAYS THAT THE SCHOOL HAS TO KEEP KID WHO DOES THE ANNOYING STAFF THEY CAN SEND HIM TO AN ALTERNATE SCHOOL. THIS IS WHAT WE DEALT WITH LAST YEAR IN COURTS. AND THAT IS TEACHERS AND SCHOOLS WHO JUST DON'T WANT TO DEAL WITH THE KID. AS THE GENTLEMAN YESTERDAY SAID THE CONSTITUTION OF VIRGINIA SAYS THAT EVERY STUDENT DESERVES AN EDUCATION. WELL, THIS BILL SAY IS IF YOU HAVE A KID WHO IS JUST A PAIN OR KEEPS ON DOING ALL THESE THINGS OVER AND OVER DEP, NOT THE REALLY BAD STUFF BUT THE MEDIUM STUFF. YOU HAVE TO GET THEM BACK IN CLASS AND TEACH THE KID. CATEGORY THREE HAD TESTIMONY ON A BILL LAST YEAR THAT I WAS WORKING ON ABOUT SCHOOLS CHARGING CERTAIN KIDS WHO HAVE ADHD OR AUTISM WITH DISORDERLY CONDUCT AND GETTING THEM BUSTED AND THEN SENT OUT OF THEIR CLASS BECAUSE IT IS MUCH EASIER TO BUST THE KID THAN IT IS TO TEACH THE KID. THE ONE THING THAT I HAVE LEARNED A LITTLE BIT ABOUT BEING A PARENT AND I ONLY HAVE ONE KID. I USED TO THINK I WAS AN EXPERT AT EDUCATION BECAUSE I WENT TO PUBLIC SCHOOL AND KINDERGARTEN TO HIGH SCHOOL. COOL IS YOU SHOW UP THEY GIVE YOU WORK AND YOU ACE IT AND YOU HEAVE. NOW THAT I HAVE A KID I KNOW THAT IT IS NOT LIKE THAT FOR EVERYBODY. IT IS HARD FOR SOME PEOPLE TO LEARN. THE CHALLENGE IS TO MAKE SURE THAT YOU HAVE AN ENVIRONMENT WHERE THE KID WITH LEARN. MY SCHOOL IS AWESOME. I AM SO IMPRESSED AND NEVER UNDERSTOOD WHY I WAS PAYING $6,000 A YEAR FOR REAL ESTATE TAXES IN FAIRFAX UNTIL I HAD A KID IN PUBLIC SCHOOL. I THINK IN A LOT OF SCHOOLS AND THE TESTIMONY WE HAD LAST YEAR THERE ARE SOME SCHOOLS IN THE STATE WHO WOULD RATHER JUST BUST THE KID AND SEND THEM OUT OF THE CLASS BECAUSE HE IS A PAIN TO TO ME, WHEN I READ THIS BILL EDUCATE. SAYS THAT WHEN THE KID WHO DOES THE REALLY BAD STUFF YOU KICK HIM OUT. THE KID WITH THE MEDIUM STUFF, YOU HAVE TO TEACH THEM. I HOPE IT WOULD BE THE PLEASURE TO PASS. I REMIND THE GENTLEMAN FROM FAIRFAX WHERE I GREW UP A KID IS A BABY GOAT. I HAVE TWO CHILDREN IN THE PUBLIC SCHOOLS. I DON'T HAVE A KID IN THE PUBLIC SCHOOL, MR. SPEAKER. IN ALL SERIOUSNESS, THE GENTLEMAN IN CHESAPEAKE WHO WAS AN ELECT THE MEMBER OF THE SCHOOL BOARD STATED YESTERDAY I THOUGHTS VERY IMPORTANT AND VERY CLEAR AS TO WHY I THINK WE SHOULD REJECT THIS IS YOU ARE GOING TO START INCENTIVIZING EXPULSION RATHER THAN SUSPENSION. AND HE GAVE A GREAT I WAS HOPING HE WOULD GET UP AND SPEAK BUT I DON'T THINK HIS SPEAK BUTTON IS ON. I THINK YOU HAVE A GREAT OPPORTUNITY HERE TO MAKE SURE THAT THE KIDS DO GET CONTINUING SERVICES AND CONTINUING ED CASE THROUGH SUSPENSION. IF WE DON'T ALLOW THEM TO GET RID OF THE DISRUPTIVE KIDS THEY WILL MOVE FOR EXPULSION AND THEN THE CHILD WILL NO LONGER GET THE SERVICES THEY NEED. AND LET ME MAKE ONE MORE OTHER POINT THAT I KNOW HAS ALREADY BEEN MADE BUT I THINK IT IS VERY IMPORTANT FOR US TO UNDERSTAND. YOU HAVE THE EDUCATION ASSOCIATION, THE SUPERINTENDENT'S ASSOCIATION, AND THE SCHOOL BOARD ASSOCIATION. THREE GROUPS THAT CERTAINLY DO NOT AGREE WITH EACH OTHER ALL THE TIME. IN FACT ARE AT ODDS ALL THE TIME. BUT ALL THREE OF THESE GROUPS ARE THE PROFESSIONALS IN THE AREA THAT WE ARE DEBATING FOR RIGHT NOW. AND ALL THREE OF THESE GROUPS STRONGLY AGREE THAT WE SHOULD REJECT THIS LEGISLATION AND I HOPE THAT WE DO THAT. SPEAKING MEASURE.

Del. Bill Howell (R-Fredericksburg): THE GENTLEWOMAN HAS THE FLOOR.

[Unknown]: I WOULD ADD A! ANY BUILDING SO SO WHAT WAS RAISED HAS ALREADY BEEN COVERED BY THESE SENATE AMENDMENT WHICH AGAIN IS REFLECTIVE OF THE DEBATE THAT THIS BODY HAS HAD OVER THE YEARS OF WHEN SCHOOLS NEED TO BE INFORMED OF ANY SERIOUS CRIMINAL TYPE OF ACTIVITY THAT MIGHT HAVE ONE DONE BY A JUVENILE. I -- AND I UNDERSTAND THAT THE EDUCATION ASSOCIATION WHILE (BREAK IN AUDIO) GIVING THAT FLEXIBILITY AND REMAIN WITH THE SCHOOLS IN MAKING THESE DECISIONS FOR THIS KIND OF VERY SERIOUS DISRUPTIVE BEHAVIOR. IT IS IN THE SENATE SUBSTITUTE AND I URGE THE BODY TO ACCEPT THE SENATE SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM NORFOLK, MR. LINDSEY.

Del. Joe Lindsey (D-Norfolk): SPEAKING TO THE MEASURE.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Joe Lindsey (D-Norfolk): THERE ARE A LOT OF WELL-MEANING PEOPLE ALL OVER THE BOARD ON THIS ISSUE. I WILL TELL YOU THIS IS NOT AN ISSUE THAT IS SIMPLY FOR THE EDUCATORS. AND IT IS NOT AN ISSUE THAT IS SIMPLY FOR THE ADMINISTRATORS AND THEY ALL AREN'T OF ONE POSITION OR OF ONE MIND AS IT RELATES TO THIS MEASURE. IN YOU LOOKED AT THE VOTE TALLY ON YESTERDAY AND YOU LOOK AT WHAT WAS UNDERTAKEN IN THE WAY OF THE DIALOGUE BOTH YESTERDAY AND TODAY IT APPEARS THAT THERE IS GREAT MEASURE AND GREAT CONCERN ABOUT HOW WE NEED TO ADDRESS THIS. SOME WOULD SAY WELL, YOU KNOW, THE SCHOOL BOARD WOULD SAY DON'T DO THIS FOR THE EDUCATION ASSOCIATION WOULD SAY DON'T DO THAT AND I HEARD THE POINT YESTERDAY WHY ARE WE SUPPLANTINGOUR OPINION FOR THOSN THE FRONT LINE AND I WILL SAY TO YOU WE DO IT EVERY DAY. WHEN SOMETHING IS NOT WORKING OR SOMETHING REQUIRES CHANGE OR WHEN A CHANGE HASN'T COME QUICK ENOUGH, WE HAVE TO STEP IN. WE HAVE TO TAKE NOTE. AND WE HAVE TO MAKE IT KNOWN THIS IS AN ISSUE THAT HAS TO BE ADDRESSED. WHAT WE ARE ASKING HERE IS NOT IN MY OPINION TAKING A TOOL OUT OF THE TOOL BOX OF EDUCATORS. WHAT WE ARE ASKING HERE IS NOT TO INDISCRIMINATELY HAVE A SITUATION IN PLACE THAT IN ITS PRACTICE HAS NOT BEEN WHAT IT IS MADE OUT TO BE. THIS IS AN OPPORTUNITY THAT STILL KEEPS SCHOOLS SAFE, STILL ALLOWS THE BAD ACTORS TO BE REMOVED FROM THE POPULATION AFFECTING THE REST OF THE CHILDREN, BUT IT ALSO MAKES PEOPLE -- MAKES PEOPLE AWARE, PEOPLE WHO MAKE THESE DECISIONS AWARE THAT YOUR JOB IS TO TEACH AND NOT SIMPLY TO MAKE THE FIRST CHOICE OF SEPARATION. THANK YOU, MR. SPEAKER.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM SALEM, MR.

[Unknown]: SPEAKING TO THE BILLETER BILE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

[Unknown]: WE HAD A LOT OF DEBATES THE LAST COUPLE OF YEARS AND I AM GOING TO VOTE AGAINST THIS AND I WANT TO THE PUT CLARITY. THE GENTLEMAN FROM FAIRFAX HIT ON IT AND I WANT TO GIVE HIM CREDIT FOR HIS BILL LAST YEAR WHICH WAS THE RIGHT WAY TO BEGIN GETTING AT THIS PROBLEM. IF YOU REMEMBER LAST YEAR SEVERAL FOLKS HAD BILLS THAT TOOK AWAY THE SCHOOL'S RIGHTS TO BRING CRIMINAL CHARGES AGAINST KIDS AND LONG-TERM SUSPENSIONS AND EXPULSIONS AND WENT AFTER THE TOOL BOX THAT THE SCHOOLS HAVE IN A WAY THAT THE PROBLEM WAS TRYING TO ADDRESS. WHAT CHAIRMAN ALBA DID, ANY OF THISH SHIES THAT LEAD TO AN I.E.P. THAT THEN LEAD TO THE BEHAVIORAL PROBLEMS THAT CAUSED ISSUES PASSED WHAT I THOUGHT WAS A SMART BILL WHICH IS TO SAY IF A KID GETS CHARGED AND REMOVED FROM SCHOOL AND HAVE AN I.E.P. THAT IS ADMISSIBLE EVIDENCE IN THE TRIAL IN THEIR DEFENSE. BUT GETS AROUND SOME HEARSAY AND BEST EVIDENCE RULES AND OTHER THINGS. THE REASON THAT IS THE RIGHT APPROACH BECAUSE THAT WAS THE MEASURED APPROACH AT THE LEVEL TO DEAL WITH THE PROBLEM. ALL OF US THINK IF A KID SUFFERS FROM THE TYPE OF DISABILITY THAT CAUSES THEM TO HAVE BEHAVIOR PROBLEMS IF YOU BRING THEM INTO THE CRIMINAL JUSTICE SYSTEM AT THE VERY LEAST THEY OUGHT TO UNDERSTAND THE ISSUES THE CHILD PRESENTS WITH WHICH ARE CONTAINED IN THE IEP. THAT IS THE MEASURED WAY TO ADDRESS THE PROBLEM. WE SHOULDN'T BE SAYING ONE YEAR AFTER WE DID THAT BEFORE IT HAS A CHANCE TO PLAY THROUGH THE SYSTEM LET'S TAKE AWAY OTHER TOOLS FROM THE TEACHERS AND THE SCHOOLS. WHAT I WOULD HOPE THIS BODY DOES IS LEARN FROM THE LESSONS OF LAST YEAR. WE SAW THE BILLS AND DECIDE THEY WEREN'T THE RIGHT WAY TO GO. THE RIGHT WAY TO GO WAS THE CHAIRMAN FROM FAIRFAX APPROACH. SEE HOW THIS PLAYS OUT AND IF THE SCHOOLS HAVE THE TOOLS THIS HE NEED AND PROVIDE THE RIGHT BALANCE. FOR THAT REASON I HOPE WE WILL ALLOW LAST YEAR'S LEGISLATION TO PLAY ITS WAY OUT AND WE WON'T TAKE THESE TOOLS AWAY. THESE TOOLS ARE IMPORTANT FOR BOTH THE CHILD SUBJECT TO THE SUSPENSION AND THE OTHER STUDENTS. I OPPOSE BOTH THE AMENDMENTS ON THESE BILLS AND THE OTHER SENATE BILLS STILL BENDING BEFORE US THAT HAVE GONE BYE.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM CAROLINE, MR. ORROCK.

Del. Bobby Orrock (R-Thornburg): SPEAKING TO THE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Bobby Orrock (R-Thornburg): THE SAT SILENT THROUGHOUT THE DEBATE ON ALL OF THESE BILLS AS THEY HAVE COME FORWARD AND AS I HEARD THE DISCUSSION TODAY MAYBE I SHOULDN'T BASED ON YOUR COUNSEL OF 28 YEARS AGO WHEN I STARTED. MAYBE I SHOULDN'T HAVE GOTTEN UP TODAY BECAUSE I'M NOT SURE HOW MUCH DIFFERENCE IT WILL MAKE. I HAVE BEEN A TEACHER NOW FOR 38 YEARS AND I AM STILL TEACHING IN A PART-TIME PASS THE. CAPACITY.NO TEACHER SENDS A STUO THE OFFICE UNLESS THEY FEEL ANY HAVE TO. A TEACHER DOESN'T ENTER INTO THE THEY ARE DEDICATED TO CHILDREN AND PROVIDING THEM THE EDUCATIONAL TOOLS ANY NEED TO SUCCEED. I CAN TELL YOU THROUGH MY 38 YEARS THERE HAVE BEEN TIMES I HAVE SENT LITTLE JOHNNY OR LITTLE SUSIE TO THE OFFENSE. BUT I HAVE GIVEN THEM AMPLE OPPORTUNITIES TO UNDERSTAND THEIR ACTIONS ARE CREATING SUCH A DISRUPTIVE CLIMATE IN MY CLASSROOM I HAVE TO LOOK OUT FOR THE OTHERS. THEY ARE IN THE WAY OF ME BEING ABLE TO DO MY JOB. AT THIS JUNCTURE I TURN IT OVER TO THE ADMINISTRATION. THEY NEED TO BE ABLE TO LOOK AT THE STUDENT'S COMPREHENSIVE ACTIONS. I HAVE NEVER KNOWN AMP ADMINISTRATION UNLESS IT IS AN EGREGIOUS CIRCUMSTANCE THAT ON ONE ACT AND ONE REFERRAL IS GOING TO NAIL THEM AND LOWER THE BOON, WHEN YOU HAVE THE PATTERN SOMETIMES THEY NEED THE FLEXIBILITY. ON A MORE PHILOSOPHICAL BENT I WOULD SAY NOT ONE OF US WAS ELECTED TO RUN OUR LOCAL SCHOOLS. WE AS A STATESTER DELEGATED THAT AUTHORITY TO OUR LOCAL SCHOOL BOARDS AND THEIR ADMINISTRATIONS. WHO ARE WE TO SIT HERE TODAY AND TELL THEM Y'ALL AREN'T DOING YOUR JOB WELL ENOUGH, EVERY JURISDICTION IN THE COMMONWEALTH. WE ARE GOING TO TELL YOU, YOU HAVEN'T BEEN DOING IT RIGHT SO WE WILL TAKE CERTAIN THINGS AWAY BUT BY THE WAY, YOU STILL GOT TO RUN IT. MR. SPEAKER, IF YOU REPRESENT A JURISDICTION THAT YOU FEEL THERE IS A PROBLEM, AND THROUGH LOCAL POLITICAL MEANS UNRECEPTIVE TO THE COMMUNITY'S NEEDS THEN MAYBE YOU SHOULD VOTE FOR THIS BILL.

Duplicate Bills

The following bills are identical to this one: SB995.