It’s been called the Learning Results for school discipline. It requires the Maine Department of Education to develop statewide standards for responsible, ethical student behavior and local schools to turn those standards into a code of conduct. It enjoys strong support among legislators and, apparently, the public. It is seen as common-sense legislation with a tinge of restating the obvious.
Nothing wrong with legislating common sense or with restating the obvious, but LD 1798 isn’t, as some critics suggest, a feel-good bill. The bill title, a real mouthful, suggests its substance: An Act to Implement the Recommendations of the Commission to Study Providing Educators with More Authority to Remove Violent Students from Educational Settings. The 16-member commission, consisting of lawmakers, educators, law-enforcers, students and parents, did its work well.
The commission’s report, issued in February, tracks the growth of violent, threatening or disrespectful school behavior, the infiltration of that behavior into the lower grades, the increasing confiscation of weapons and drugs, the difficulties teachers face in maintaining a classroom conducive to learning.
If passed into law, which preliminary votes indicate, this bill will do more than produce state and local-level documents to be written and shelved; it will provide the nuts and bolts needed to rebuild confidence in the safety of schools for staff and students. Unacceptable behavior will be explicitly defined and the consequences will be specific and clear, even for first-time violations. It will establish definite criteria for referring troublesome students to special services and for developing individual education plans for students removed from class.
It will eliminate a lot of the guesswork. Better still, it will heal a breach that exists between teachers and administrators in many schools. Some of the most troubling testimony at hearings on this bill came from teachers who said disruptive, abusive, intimidating students sent to the principal’s office often are triumphantly back in class within minutes. Even if unintentional, this undermining of the teacher’s authority in the classroom is unacceptable. A good local plan will ensure that disagreements about discipline will be worked out between teachers, administrators and school boards in an appropriate forum, not in front of the kids. The same authority and administrative support will be extended to bus drivers.
The bill requires that everything is put in writing for students and parents: the reasons for removal from class or a bus; any subsequent administrative or school board actions. This will help guarantee that the conduct rules are applied fairly and uniformly, essential elements of any good justice system. Administrators also will be required to report to local police any offenses that would be adult felonies, violence that results in injury or had the potential to, offenses involving weapons or drugs. Again, fair and uniform.
No longer will a student who’s worn out his or her welcome at one school have the right to transfer and make trouble elsewhere. School discipline records must be provided to the prospective new school. Parents must provide a written statement regarding the child’s suspension and expulsion history. The prospective new school can refuse to accept that student until the terms of an existing disciplinary action are met.
There are several other good ideas in LD 1798. Such as extending the existing “anti-hazing” statute to protect staff as well as students. A lot of research has been done in recent years on combating bullying (the U.S. Department of Education publishes a list). Tougher, across-the-board enforcement and the application of proven, simple remedies could eliminate what many say is the underlying cause of most school violence.
The law also contains a valuable “whistle-blower” provision. No disciplinary action can be taken against a school employee who reports safety concerns regarding a violent or disruptive student to administration or school board in good faith. Influential parents or friends in high places cannot bail out the troublemaker.
Every school massacre is a reminder that these tragedies have their roots in abuse, threats and intimidation. As befits the enormity of the problem, LD 1798 is a remarkably comprehensive, no-nonsense bill. It’s not about feeling good, it’s about being safe.
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