KALAMAZOO, MI -- Kalamazoo Public Schools is making changes to its discipline policies as new state laws take effect.
A new law signed by Gov. Rick Snyder in 2016 reduces zero-tolerance expulsion policies and encourages schools to use "restorative practices" instead of -- or in addition to -- suspensions or expulsions. When classes begin in the fall, the law will be in effect.
Under legislation recommended by a special education task force led by Lt. Gov. Brian Calley, restraint and seclusion practices may only be used if a child is a danger to themselves or others.
The Kalamazoo Board of Education introduced a first reading of revisions to its suspension, exclusion and expulsion policy and a new restraint and seclusion policy Thursday. The policies will go before the board for a vote in July.
End of zero-tolerance
The Michigan Department of Education revised its model code of student conduct to reflect the state law regarding suspension, exclusion and expulsion. Districts across the state are following suit.
KPS Superintendent Michael Rice said he is "delighted" at the passage of the state law. Children were automatically expelled in the past when it would have been preferable for KPS to use discretion in finding a more effective solution, he said.
Director of Student Services Nkenge Bergan said the district wants to reduce the time students spend out of school, because exclusionary discipline often sets the stage for students to become disenfranchised. Additionally, zero-tolerance policies have been found to be less effective than measures that encourage reconciliation rather than punishment.
Students can be suspended (up to 10 days out of school), excluded (11-179 days), or expelled (180 or more days) for serious offenses that disrupt the educational process, infringe upon other students' rights put them in danger.
A student is still automatically and permanently expelled for bringing a gun to school.
The KPS Board of Education delegates the authority to suspend, exclude or expel a student to the superintendent and his designees.
Before a student is disciplined, staff must consider seven mitigating factors. Each of these considerations has to be documented on a checklist.
This includes factors like the student's age and any physical or mental disabilities, while also taking into account the seriousness of the behavior and their history of past transgressions.
Considerations are made for the safety of students or staff, and whether restorative practices or a lesser intervention should be used to address the unruly behavior.
The Michigan Department of Education created an outline for schools to incorporate restorative justice, the recommended approach to address conflict and misconduct.
One example of a restorative justice practice is to establish a meeting between a bully and victim. The offender is given an opportunity to accept responsibility, apologize and set consequences to repair the harm done.
The board will be notified of pending exclusions and expulsions and will be given a report from a due process hearing to review during a 72 hour period. The board can request to review a recommended disciplinary action before a decision to exclude or expel.
The board will be notified of any and/or all actions taken related to exclusions and expulsions. All decisions by the superintendent or his/her designee to exclude or expel a student may be appealed to the Board of Education.
The policy was originally adopted in 2003, and was revised later that year.
Restraint and seclusion
Calley called restraint and seclusion practices "barbaric" and "archaic," when used in non-emergency situations.
Consistent with Public Act 394 and the policy issued by the Michigan Department of Education, KPS developed administrative regulations of these practices.
Director of Special Education Rikki Saunders said each school has a crisis team comprised of staff trained in non-violent crisis intervention techniques.
KPS did not have a policy before the state law was passed, but it does have procedures. The policy states that seclusion and physical restraint are used only as a last resort in emergency situations and are subject to diligent assessment, monitoring, documentation, and reporting by trained personnel.
Saunders said the policy doesn't change much of what the district has already been doing.
Staff are taught that certain words, actions and body language can enflame tempers. Techniques are specifically designed to de-escalate a situation where students become a danger to themselves or others.