Student discipline; suspension or expulsion of students in preschool through grade five. (HB1536)

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

Public schools; student discipline. Prohibits students in preschool through grade five from being suspended or expelled except for drug offenses, firearm offenses, or certain criminal acts. Amends § 22.1-254, § 22.1-277, § 22.1-277.2:1, of the Code of Virginia. Read the Bill »

Status

02/13/2017: Passed the Senate

History

DateAction
12/27/2016Committee
12/27/2016Prefiled and ordered printed; offered 01/11/17 17102715D
12/27/2016Referred to Committee on Education
01/13/2017Assigned Education sub: Elementary and Secondary Education
01/16/2017Impact statement from DPB (HB1536)
01/27/2017Subcommittee recommends reporting with substitute (6-Y 2-N)
02/01/2017Reported from Education with substitute (14-Y 7-N) (see vote tally)
02/01/2017Committee substitute printed 17104855D-H1
02/02/2017Read first time
02/03/2017Read second time
02/03/2017Committee substitute agreed to 17104855D-H1
02/03/2017Engrossed by House - committee substitute HB1536H1
02/06/2017Read third time and passed House (49-Y 47-N)
02/06/2017VOTE: PASSAGE (49-Y 47-N) (see vote tally)
02/07/2017Constitutional reading dispensed
02/07/2017Referred to Committee on Education and Health
02/08/2017Impact statement from DPB (HB1536H1)
02/09/2017Reported from Education and Health with substitute (12-Y 3-N) (see vote tally)
02/09/2017Committee substitute printed 17105324D-S1
02/10/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/10/2017Impact statement from DPB (HB1536S1)
02/13/2017Read third time
02/13/2017Reading of substitute waived
02/13/2017Committee substitute agreed to 17105324D-S1
02/13/2017Engrossed by Senate - committee substitute HB1536S1
02/13/2017Passed Senate with substitute (33-Y 7-N) (see vote tally)
02/15/2017Placed on Calendar
02/15/2017Senate substitute rejected by House 17105324D-S1 (0-Y 100-N)
02/15/2017VOTE: REJECTED (0-Y 100-N) (see vote tally)
02/17/2017Senate insisted on substitute (40-Y 0-N) (see vote tally)
02/17/2017Senate requested conference committee
02/20/2017House acceded to request
02/21/2017Conferees appointed by House
02/21/2017Delegates: Bell, Richard P., LeMunyon, Bulova
02/21/2017Conferees appointed by Senate
02/21/2017Senators: Newman, Stanley, Lucas
02/25/2017Failed to pass in House
02/25/2017No further action taken
02/25/2017Failed to pass

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 9 minutes.

Transcript

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

BOTH THIS ONE AND THE ONE THAT FOLLOWS IN THEM, THERE ARE ALSO CAUSES FOR ACTION, WHICH WILL BRING IN YET MORE CIRCUMSTANCES, THE OPPORTUNITY FOR A LAWYER TO INTRUDE HIMSELF IN THAT TRANSACTION THAT TAKES PLACE BETWEEN KIDS AND TEACHERS AND IN THE CLASSROOM. I HOPE WE WILL NOT DO THAT AND NOT ENGROSS THESE BILLS AND TAKE THEM TO THE THIRD READING. THE QUESTION ON ADOPTION OF COMMITTEE SUBSTITUTE, THOSE IN FAVOR OF THAT MOTION SAY AYE. MR. SPEAKER, WOULD YOU LIKE ME TO GET THE SUBSTITUTE ADOPTED. THOSE IN FAVOR OF THE MOTION WILL SAY AYE. AYE.

Del. Bill Howell (R-Fredericksburg): SUBSTITUTE IS AGREED TO. GENTLEMAN FROM STANTON. GENTLEMAN HAS THE FLOOR.

[Unknown]: THANK YOU, THE CODE OF VIRGINIA GIVES THE TEACHERS THE AUTHORITY UNDER 22.1-76.2 TO REMOVE A STUDENT FROM THE CLASSROOM FOR DISRUPTIVE BEHAVIOR. THIS BILL DOES NOT SUGGEST THAT THE STUDENT REMAIN IN THE CLASSROOM. SCHOOLS CURRENTLY MUST ENACT GUIDELINES FOR THE ALTERNATIVE ASSIGNMENT AND INSTRUCTION OF THAT STUDENT FOR THE DURATION OF THE REMOVAL. SO SCHOOLS SHOULD ALREADY HAVE A PLAN IN PLACE FOR HOW TO REMOVE STUDENTS FROM A CLASSROOM, AND MAINTAIN THEM IN THE SCHOOL BUILDING TEMPORARILY. SECONDLY, UNDER 22.1-277.2, SCHOOL BOARDS MAY REQUIRE STUDENTS TO ATTEND AN ALTERNATIVE EDUCATION PROGRAM BASED ON A VARIETY OF FACTORS, INCLUDING THOSE COMMITTED AN OFFENSE IN VIOLATION OF SCHOOL BOARD POLICIES. WHEN A STUDENT COMMITS A SERIOUS OFFENSE, SCHOOLS CAN JUST REASSIGN A STUDENT FOR AN INDEFINITE PERIOD OF TIME, AND THEY MUST PROVIDE INSTRUCTION. WHY WOULD SCHOOLS CHOOSE TO EXPEL WHEN THEY CAN REASSIGN? IF THE OFFENSE WAS SO SERIOUS, THAT THE STUDENT SHOULD NOT RETURN TO HIS OR HER SCHOOL OR REMAIN IN THE CLASSROOM. MR. SPEAKER, LADIES AND GENTLEMEN, THE VIRGINIA CONSTITUTION, ARTICLE VIII SECTION 1 SAYS THAT THE GENERAL ASSEMBLY SHOULD PROVIDE FOR A SYSTEM OF FREE PUBLIC, ELEMENTARY, AND SECONDARY SCHOOLS FOR ALL CHILDREN. IT DOESN'T SAY JUST THE BEST BEHAVED, OR THE SMARTEST, IT SAYS FOR ALL CHILDREN THROUGHOUT THE COMMONWEALTH AND SEEK TO ENSURE THAT AN EDUCATIONAL PROGRAM OF HIGH QUALITY IS ESTABLISHED AND CONTINUALLY MAINTAINED. IF A STUDENT IS SUSPENDED LONG-TERM OR EXPELLED IN A SCHOOL DIVISION WHERE THERE IS NO ALTERNATIVE PROGRAM, I FAIL TO SEE HOW THAT'S A HIGH QUALITY EDUCATION. MR. SPEAKER, THIS BILL IS SUPPORTED BY VOICES FOR VIRGINIA'S CHILDREN, THE FAMILY FOUNDATION, THE ARK OF VIRGINIA, THE NAACP, THE VIRGINIA POVERTY LAW CENTER, THE VIRGINIA CATHOLIC CONFERENCE, VIRGINIA COUNSELLORS ASSOCIATION, THE LEGAL AID ASSOCIATION AND MANY OTHERS, AND I ASK THAT WE ENGROSS THIS BILL AND PASS IT TO ITS THIRD READING.

Del. Bill Howell (R-Fredericksburg): SHALL THE BILL BE ENGROSSED AND PASSED TO THE THIRD MEETING? THOSE IN FAVOR SAY AYE.

[Unknown]: THOSE OPPOSED SAY NO. THE CHAIR IS IN DOUBT. THOSE RAISE YOUR HAND. THE PASS IS ENGROSSED AND PASSED TO THE THIRD READING. THANK YOU. CONTINUING ON PAGE 26, A BILL TO REENACT SEVERAL SECTIONS OF THE CODE, PUBLIC SCHOOLS, STUDENT DISCIPLINE, A SUBSTITUTE.

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

[Unknown]: I MOVE TO SUBSTITUTE. THOSE IN FAVOR OF THAT MOTION WILL SAY AYE. AYE. THOSE OPPOSED SAY NO, THE MOTION IS AGREED TO. THANK YOU MR. SPEAKER, HOUSE BILL 1536 IS TO PREVENT OUT OF SCHOOL SUSPENSION FROM PREK TO THIRD GRADERS FOR MORE THAN FIVE DAYS. DURING THE 2015 SCHOOL YEAR, THEY ISSUED 16,000 SUSPENSIONS TO STUDENTS IN PRE-K THROUGH THIRD GRADE. IN ELEMENTARY SCHOOL, VERY YOUNG STUDENTS AREN'T JUST LEARNING HOW TO READ, SPELL, WRITE, ADD, THEY'RE LEARNING SOCIAL SKILLS. PUSHING THEM OUT OF SCHOOL TEACHES THEM HARD LESSONS. THEY DON'T ASSOCIATE BAD BEHAVIOR FROM BEING HOME FROM MOST OF THEM WOULD RATHER BE SCHOOL. HOME THAN AT SCHOOL. THEY DON'T MAKE THAT CONNECTION. THE OTHER PROBLEM IS BEHAVIOR ISSUES IN YOUNG CHILDREN COULD INDICATE UNIDENTIFIED DISABILITIES IN THOSE CHILDREN, PARTICULARLY THOSE WHO FIND THEMSELVES EVENTUALLY ON THE AUTISTIC SPECTRUM. SOME OF THOSE DISABILITIES ARE NOT IDENTIFIED BY THIRD GRADE AND THEY MADE -- THE BEHAVIOR MAY BE THE MANIFESTATION OF THOSE DISABILITIES. AT SUCH YOUNG AGES, STUDENTS MAY HAVE THOSE DISABILITIES, AND THIS BILL CONTAINS EXCEPTIONS IN THE EXTREMELY RARE EVENT OF AN ATTRACTION INVOLVING WEAPONS, DRUGS, OR SERIOUS CRIMINAL BEHAVIOR. MR. SPEAKER, LADIES AND GENTLEMEN, I WOULD SUBMIT TO YOU THAT ANY CHILD IN PRE-K THROUGH THIRD GRADE, IF THEY HAVE BEHAVIOR ISSUES, THAT THOSE ARE LEARNED BEHAVIORS, THAT THEY LEARN IN THE ENVIRONMENT THEY LIVE IN. SENDING THAT CHILD BACK TO THAT ENVIRONMENT, AND AWAY FROM SCHOOL, OR AN ALTERNATIVE PROGRAM IS NOT A SOLUTION. IF THAT'S THE ONLY TOOL IN YOUR TOOL BOX, YOU'RE NOT GOING TO FIX VERY MUCH. MR. SPEAKER, I ASK THAT WE ENGROSS THE BILL AND PASS IT TO ITS THIRD READING. MR. SPEAKER, I RISE TO SPEAK TO THE BILL. LIKE THE GENTLEMAN, I DO THIS WITH GREAT HESITATION, BECAUSE WE DON'T LIKE TO SPEAK AGAINST ONE OF OUR COLLEAGUE'S BILL, ESPECIALLY ONE THAT'S TRYING TO AS A REAL ISSUE THAT'S HAPPENING IN OUR SCHOOL ISSUE, AND I ADOPT HIS GENERAL COMMENTS AS IT RELATES TO REMOVING THIS TOOL FROM THE SCHOOL SYSTEM. I WANT TO POINT OUT ONE LAWYER ISSUE WITH THIS BILL, JUST SO EVERYBODY IS AWARE OF IT, AND UNDERSTANDING WHAT THE GENTLEMAN IS TRYING TO DO, THIS BILL SAYS FOR THIS CATEGORY OF KIDS, YOUNG KIDS, UP THROUGH THIRD GRADE, SO 9-YEAR-OLD OR SO, THERE'S ONLY THREE TIMES YOU CAN TAKE A SUSPENSION OF MORE THAN FIVE DAYS OR EXPULSION. THOSE THREE SCENARIOS ARE
AND HER -- THE FATHER, THIS IS A LOVELY YOUNG LADY, KATIE STEINLY, AGE 32. AND HER FATHER SAYS NOBODY IS TAKING RESPONSIBLE, NOTHING HAS CHANGED. SAN FRANCISCO STILL MAINTAINS ITS POLICY OF IMPEDING THE EXECUTION OF FEDERAL IMMIGRATION LAW. AND THERE A VERY HUMAN DIMENSION TO THIS. WHEN WE -- WHEN WE FAIL TO EXECUTE FEDERAL IMMIGRATION LAW ON THESE DETAINERS WHICH AT THIS POINT AT LEAST ARE FOCUSED ON GENUINE CRIMINAL ACTORS FOR THE VAST MAJORITY OF CASES, AND JUST IT JUST -- JUST THE COMMENT SORT OF BRINGS IT TO LIFE IN THE STEINLY CASE. IT SAYS OFFICIALS SAID STEINLY WAS WALKING ON PIER 14 WITH HER FATHER ON JULY 1 WHEN SHE WAS SHOT DEAD. AS SHE FELL, SHE SAID HELP ME, DAD. AND THEN SHE DIED.

Duplicate Bills

The following bills are identical to this one: SB997.