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Assignment #3: Administrative Rules/Policy Interpretation

Jongwoo Roh

Concordia University Irvine

EDUA 556: Legal and Political Aspects of Education

Amanda Corridan

December 3, 2023
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School Suspension Policy Enforcement in California

School suspension policy in California was developed by the state legislature, and the

details can be found in the Education Code, section 48900. The school principal or the district

superintendent has the right to suspend a student for no more than five consecutive school days

when the student violates certain school policies. A few of the cases that may lead to the

suspension of a student include, but are not limited to, committing a violent crime, possessing

drugs or weapons, and bullying or threatening to cause physical harm (California Education

Code - EDC § 48900). Disrupting school activities or willfully defying the valid authority of the

school personnel can also lead to suspension.

An exception is provided in Section 48910, which states that a student enrolled in

kindergarten or any of grades 1 to 5, inclusive, cannot be suspended for just being defiant

(California Education Code - EDC § 48910). Recently, in California, a bill (SB 274) was passed

that banned schools from suspending middle and high school students for demonstrating bad

behaviors, such as breaking the dress code or using their phones in class (Sosa, 2023). According

to the bill's author, Senator Nancy Skinner, schools should figure out what is causing the students

to act out and support them in fixing it, instead of kicking them out of school. According to the

California Department of Education, the number of total suspensions for all offenses for students

has dropped by 58%, and the number of willful defiance suspensions dropped by 94% over the

last decade (Sosa, 2023).

The California legislation prioritizes preventing students from losing instructional time or

learning opportunities for disciplinary reasons. In 2013, the Legislature prohibited suspensions

on willful defiance for students in grades K-3. In 2019, this prohibition was extended to students

in grades K-8 (Thurmond, 2021). Research suggests that punitive discipline practices often
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negatively impact student engagement and academic success. The suspension policy in

California is constantly transforming to reverse the reality that our most vulnerable students are

disproportionately removed from their classes (Thurmond, 2021). The suspension policy no

longer exists to punish students and drive them away from school but rather to address and

support the student’s needs holistically.

Stakeholders and Due Process

School suspension policy has significant influence on the students, their families, and

their teachers. The influence caused by the suspension can be very complicated and

multi-dimensional because it affects the involved people’s physical, mental, and psychological

state. For example, students who are suspended are more at risk for school avoidance, academic

failure, repeating a grade, behavior problems, substance use, dropping out, and court

involvement (Jen, 2023). According to the research, schools with higher suspension rates have

lower academic outcomes on state-wide test scores, and a single suspension for a discretionary

offense almost triples the likelihood that a student will enter the juvenile justice system (Jen,

2023). School suspension can greatly affect the way how students perceive the school

environment and respond to certain circumstances. Students might lose confidence in their

ability to redeem their behaviors and maintain healthy relationships with their teachers and peers.

In addition to affecting the students, school suspension policy can also greatly influence

the affected students’ families. Parents or guardians of the students who get suspended often feel

isolated and ashamed (Allen, 2023). They may also build a hostile feeling toward the school

administration and policy, which will only worsen the situation and possibly lead the students to

act out even more. School administrators and students’ families are in a position where they need

to collaborate and cooperate for the student’s success, but the suspension policy can sometimes
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act as a destabilizing factor for their relationships. When students get suspended from school,

many parents worry about the impact of the suspension on the student’s future (Allen, 2023). The

parents or guardians may also have to risk losing their job to care for their child during the

suspension period.

The suspension policy not only affects the students and their families, but it can also

affect the teachers. Research shows that restorative justice approaches lead to more positive

outcomes for the school climate and student-teacher relationship, but if a student gets suspended,

the teacher may not even have the opportunity to practice restorative justice (Alvarez, n.d.).

There are so many tools and resources for teachers to use to understand and use restorative

justice approaches, but suspending students from school could make it impossible for the

teachers to build rapport with the students. Also, when students get suspended and fall behind in

their class, it is part of the teacher’s responsibility to ensure that those students are given

opportunities to catch up and make up the missing work. This will take a lot of time and energy

from both the students and the teachers, which might not be the most efficient way of using

them.

According to California School Discipline Laws and Regulations, at the time of

suspension, a school employee shall make a reasonable effort to contact the student’s parent or

guardian to notify the incident. When a student gets suspended from school, the student’s parents

or guardians must also receive a written notification of the suspension (California Education

Code - EDC § 48911). School suspension policy usually requires school administrators to hold a

conference with the involved student’s parents or guardians before finalizing the suspension. A

conference can be postponed only when the principal or the district superintendent considers the

situation to be an “emergency.” The situation is often considered an emergency when it presents

a danger to a student's or school employee's life and safety. Other than that, a conference must be

held within two school days after the suspension and the student’s family must be notified of

their rights to a conference. During the conference, school administrators are obligated to explain

the reason and rationale for the suspension (California Education Code - EDC § 48911). The due

process exists to protect the student and the family’s basic rights and to ensure that they are

treated equally and fairly.

Personal Perspective

I personally think school suspensions do more harm than good. Students often get

suspended from school because they do not meet the school's expectations. Sending them away

from school is not going to effectively teach them how to meet the school's expectations in the

future. Punishments alone are not going to solve the root cause of the problem. I have also seen

students getting suspended from school for missing school with no valid excuses. Suspending

students and not allowing them to come to school because they miss school is a non-sense. It is

not fair for students to receive such punishment, especially when they are not provided with

ways or opportunities to redeem themselves.

I agree that there are some cases where school suspension is appropriate and necessary. If

a student constantly becomes a great threat to the safety of the school environment, it might be

necessary for the school administrators to suspend the student from the school. But if students

get suspended because of their defiance in the classroom, they are going to fall even further

behind in their learning and they will miss opportunities to learn how to meet the classroom

expectations. School suspension will also negatively affect the students’ interactions with their

peers and teachers. Students who get suspended are more likely to avoid school and build more
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hostile feelings against the school personnel. If a school suspension policy exists to provide

support for the students, it must be the last resort for the school administrators to implement.

Social and Cultural Implications of the Suspension Policy

School suspension policy also heavily affects the socio-cultural factors. According to

research, certain groups of students are disproportionately suspended from school. These groups

include students of color, students with disabilities, and students from low-income families.

Differences in behavior do not account for the large racial disparities in suspension rates

(Leung-Gagné, 2022). The disproportional suspension rate can be caused by many different

factors, including implicit bias, poor working/learning environment, ineffective school

leadership, and inequitable resource allocation.

During the 1990s and early 2000s, when zero-tolerance policies were implemented at

schools, there was a huge increase in the suspension rate. Increased use of suspension ultimately

led to expanded racial disparities (Leung-Gagné, 2022). Recently, however, as educators began

to shift away from exclusionary discipline, the racial disparities and disproportional suspension

rate seemed to find their balance. School suspension is not just a school-wide policy that only

affects the students and the school personnel. In addition to having a great impact on students

and school personnel, the suspension policy also leaves a significant mark on our society and

cultures.

Role and Responsibility of an Educational Leader

The most important mission for an educational leader to accomplish is to set students up

for success and guide them to become productive members of our society. For students to have

more learning opportunities and experience more frequent positive interactions with their peers

and teachers, educational leaders must consider school suspension as a last resort. Reducing
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zero-tolerance and other exclusionary discipline policies can provide flexibility for teachers to

consider the severity and situational context when a student violates school policies

(Leung-Gagné, 2022). Informing and training teachers with evidence-based alternative strategies

to exclusionary discipline will also help teachers learn how to implement restorative practices

and build rapport with students.

As an educational leader, it is important to consider the big picture involving the larger

political, social, economic, legal, and cultural context behind the school suspension policy. To do

so, an educational leader can collect data and use it to increase awareness and equity in the

district. Developing preparation programs and training teachers can also expedite the process of

creating classrooms with positive and supportive learning environments. All educational leaders

must be able to create a working environment that is inclusive and culturally responsive.

Promoting a trusting relationship between teachers and students is the most effective way to

ensure the success of all students.

References

Allen, R. (2023). Early childhood suspensions: The impact on families. National Center for

Pyramid Model Innovations.

https://challengingbehavior.org/webinar/early-childhood-suspensions-the-impact-on-families/#:~

:text=Parents%20often%20feel%20isolated%20and,defeated%20with%20nowhere%20to%20tur

n.

Alvarez, B. (n.d.). School suspensions do more harm than good. NEA.

https://www.nea.org/nea-today/all-news-articles/school-suspensions-do-more-harm-good

California Education Code. (n.d.). California Legislative Information. Codes Display Text.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=4.&chapter=6.&part=2

7.&lawCode=EDC&title=2.&article=1.

Jen, A. (2023). Stop suspending students from school – it’s counterproductive! DRNC.

https://disabilityrightsnc.org/resources/stop-suspending-students-from-school-its-counterproducti

ve/#:~:text=Students%20who%20are%20suspended%20or%20expelled%20are%20more%20at

%20risk,dropping%20out%2C%20and%20court%20involvement.

Leung-Gagné, M. (2022). Pushed out: Trends and disparities in out-of-school suspension.

Learning Policy Institute.

https://learningpolicyinstitute.org/product/crdc-school-suspension-report

Sosa, A. (2023). Hoping to lower dropout rates, Newsom bans “willful defiance” suspensions

through high school. Los Angeles Times.

https://www.latimes.com/california/story/2023-10-09/hoping-to-lower-dropout-rates-newsom-ba

ns-willful-defiance-suspensions-through-high-school

Thurmond, T. (2021). State guidance for new laws on discipline. State Guidance for New Laws

on Discipline - Letters (CA Dept of Education). https://www.cde.ca.gov/nr/el/le/yr21ltr0819.asp