Restorative Justice Legislation In Delaware Would Decrease Suspension Rates & School To Prison Pipeline

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This legislation hasn’t even been filed.  It was sent to me anonymously.  I have very mixed feelings about this.  There are many things kids are suspended for and probably shouldn’t be.  But to limit suspension rates over bodily injury, threats of bodily injury or death but not in self-defense, or bringing weapons to school.

What about racial epithets?  Or swearing at a teacher?  Or throwing furniture but not causing bodily injury?  Or making sexually suggestive comments to a student?  Those are all things that would have given me a ticket home when I was in school.  Bullying isn’t addressed in this unless it is physical.  If we have zero tolerance for bullying under any circumstances why isn’t this included?

What if a student abuses the new system?  Continuously?  My fear with this type of bill is students trying to get out of class and knowing they won’t be suspended for it.  As well, if a student gets in-school suspension, the parents should be notified right away.

Perhaps the biggest part of this bill concerns students with disabilities.  Under the federal IDEA law, a manifestation determination hearing must be held if a student is suspended a certain amount of time.  If the student isn’t suspended but still showing the behavior that would have caused the suspension prior to the implementation of this law, how can an IEP team have the manifestation determination hearing?  The purpose of these is to develop a Behavior Intervention Plan after the school psychologist develops a functional behavioral analysis.  That is federal law.  State law does not trump federal law.  But if the state does away with the catalyst for the federal law, isn’t it essentially taking away rights for students with disabilities?  And does restorative justice replace what is in a developed IEP?

I’ll be honest, restorative justice wasn’t around when I was a kid.  Maybe it is great.  But is it known to work?  In my opinion, all the restorative justice in the world is not going to cure what comes in from a home environment.  If a student comes from a broken home or violence, it may temper the behavior but it doesn’t get rid of the outside of school problems that could be a very big reason for the behavior.  I would caution our legislators on passing this bill as written.  There are too many factors at play here that haven’t been looked at yet.  Which could be why it wasn’t filed yet.

Restorative Justice came about in prisons.  I have no problem with anyone making amends.  But it is for criminal behavior.  By using this in schools, are we making some issues bigger than they  are?

On the other hand, this law would reduce many suspensions that are completely unnecessary.  When I hear about the reasons some kids are suspended, I shake my head.  But then again, sometimes suspensions dealing with weapons brought to school could be seen as overreaching depending on the circumstances.  We need consistency but we also need common sense.  There are never easy answers.  But I would love to hear your thoughts on this.  Keep in mind, this bill hasn’t even been filed yet.

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